Welcome to the Designs for Health, Inc. Online Privacy Notice. This Privacy Notice describes how Designs for Health, Inc. and its affiliates (hereafter “DFH”, “we”, “our”, or “us”) may collect, use, and share information about you when you interact with our websites (including but not limited to: www.designsforhealth.com, www.shop.designsforhealth.com, www.fxchocolate.com, and www.wellworld.designsforhealth.com), e-stores, other online products and services, or otherwise through any interaction you have with us (collectively the “DFH Sites”). This Privacy Notice applies to your use of any DFH Site, regardless of how you access or use it. For certain DFH Sites, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they may apply to you.
Please note that this Privacy Notice does not apply to the Well World Mobile App. Any personal information collected through your access to external websites or other online services is governed by those external parties’ privacy policies, which we are not responsible or liable for.
California residents have certain privacy rights detailed in our Privacy Notice for California Residents here. To the extent that there is a conflict between this Privacy Notice and the Privacy Notice for California Residents, the Privacy Notice for California Residents will control for California residents.
Information You Provide
We collect the personal information that you provide directly to us when you use the DFH Sites. For example, DFH collects information when you register for an account, subscribe to our newsletter, or otherwise communicate, interact, or transact through the DFH Sites. This information may include personal information, which is information that can be used to identify you individually.
Personal information we collect may include your:
- First and last name
- Email address
- Mailing address
- Phone number
- Your photo (if you choose to upload one)
- Products you use (e.g., supplements you purchase)
- Payment and transaction information
In addition, if you are a DFH health practitioner, we may also collect your:
- Licensing credentials
- Company or practice name
DFH health practitioners can communicate with clients, users, or members (collectively “Well World Users”) through secure messaging and video conferencing in the Well World platform. DFH may capture audio and video recordings in connection with these communications. For instance, we may allow you to interact with your Well World User using video, secure messaging, and/or texts.
Information Collected Automatically
The types of information we collect automatically when you visit the DFH Sites may include IP addresses, device identifiers, browser characteristics, operating system details, language preferences, referring URLs, length of visits, anonymous traffic data, and pages viewed.
We or third parties may collect personal information about your online activities over time and across different websites when you use the DFH Sites.
Data Analytics and Advertising
We may use certain third-party web analytics services, such Google Analytics, to help us understand and analyze how visitors use the DFH Sites and serve ads on our behalf across the Internet. We’ve implemented Google Analytics Advertising features such as remarketing with analytics, interest-based advertising, demographics and interests reporting, user segment analysis, and impression reporting. We and third-party vendors may use first-party cookies or other first-party identifiers as well as third-party cookies or other third-party identifiers to deliver advertisements, create a profile of you, measure your interests, detect your demographics, detect your location, and to personalize content.
For more information on how Google Analytics uses data collected through the DFH Sites, visit: https://www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit: https://www.google.com/settings/ads and https://tools.google.com/dlpage/gaoptout.
To find out more about how third-party analytics services manage the privacy of information in conjunction with delivering ads online, and how to opt out of information collection by these networks, please visit: https://www.youradchoices.com or https://www.networkadvertising.org. Please note that we do not control how third parties manage their opt-out processes.
Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, the DFH Sites are not designed to respond to “Do Not Track” signals received from website browsers. To learn more about “Do Not Track” signals, visit https://www.allaboutdnt.com.
Information We Obtain from Other Sources
We also may obtain information about you from third parties and combine that information with information you provide to us directly or that we collect automatically through the DFH Sites.
DFH may use personal information we collect through the DFH Sites for any purposes consistent with our statements under this Privacy Notice, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, to:
- Process your registration and manage your account.
- Transact with you, provide information you request, respond to your questions and requests, send you our newsletter, and send you notices.
- Improve DFH Sites and for any other internal business purposes.
- Facilitate affiliate relationships and commission or rewards program participation between health practitioners and DFH.
- Tailor our content, advertisements, and offers.
- Fulfill other purposes disclosed at the time you provide personal information or otherwise where we are legally permitted or are required to do so.
- Determine your location and manage digital content rights (e.g., territory restrictions).
- Conduct statistical analyses, surveys, and market research to enhance existing or develop new products and services.
- Comply with applicable laws, regulations, or legal process, as well as industry standards and our company policies.
- Prevent, investigate, identify, stop, or take any other action with regard to suspected or actual fraudulent or illegal activity, or any activity that violates our policies.
- For any other purpose, with your consent.
We may share your personal information:
- With our affiliates, subsidiaries, and any company owned or controlled by DFH.
- With our service providers assisting us in carrying out the DFH Sites (e.g., data hosting providers, online ad management providers, application developers). These service providers use personal information that we disclose to them only for the purpose for which it was disclosed.
- In the event of a business transaction, such as if we sell or transfer all or a portion of our business or assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction, including negotiations of such transactions), we reserve the right to disclose any information we obtain through the DFH Sites. You acknowledge that such transfers may occur and are permitted by and subject to this Privacy Notice.
Additionally, DFH may disclose personal information when required by subpoena, search warrant, or other legal processes, or in response to activities that are unlawful or a violation of DFH’s rules for use of the DFH Sites, or to protect and defend our rights or property.
DFH may provide mechanisms allowing you to delete, correct, or update your personal information (e.g., profile and account information). DFH will make good faith efforts to process requested changes in DFH’s then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your personal information from DFH’s databases and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain personal information as required by applicable law; and for so long as reasonably necessary to fulfill the purposes for which the personal information is retained except to the extent prohibited by applicable law.
You may have additional choices. Please see our Privacy Notice for California Residents here for more information.
You can opt out of receiving certain promotional communications from DFH at any time by following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging into your account. Even if you opt out of receiving promotional communications, DFH may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or DFH’s ongoing business relations. Please note that your opt-out is limited to the e-mail address used and will not affect subsequent subscriptions.
You may opt out of a text message program by following the instructions you receive (e.g., texting the word STOP). Please note that your opt-out is limited to the phone number used and will not affect subsequent subscriptions. If you opt out of only certain communications, other communications may continue.
Analytics and Interest-Based Advertising
You can opt out of certain kinds of interest-based ads by using the DAA AdChoices tool here or the NAI tool here. Please be aware that, even if you are able to opt out of certain kinds of interest-based ads, you may continue to receive non-targeted ads.
We take reasonable measures to protect your personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and we cannot guarantee the security of your information collected through the DFH Sites. It is your responsibility to make sure that your passwords and account registration information are secure and not shared with third parties.
We will keep your personal information for as long as your account is active so that you can access and amend your personal information as necessary, and to provide you access to the DFH Sites. We may continue to retain your personal information after you deactivate your account, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding user preferences, enforce our agreements, or protect our legitimate interests.
If you use certain features on the DFH Sites, we may be obligated to keep your personal information for a longer period, and we will do what is legally necessary. When we are no longer required to preserve your personal information, we will ensure that it is securely deleted.
DFH may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, which may require submitting personal information. If you voluntarily choose to enter a Promotion, your personal information may be disclosed to DFH, co-sponsors, and other third parties, including for administrative purposes and as required by law. By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing privacy practices from those contained in this Privacy Notice. Please review those rules carefully.
The DFH Sites may permit you to post or submit user generated content including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including personal information (collectively “UGC”). If you choose to submit UGC to any public area of the DFH Sites, your UGC will be considered “public” and will be accessible by anyone, including DFH. Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, personal information included in UGC is not subject to DFH’s usage or sharing limitations, or other obligations under this Privacy Notice or otherwise, and may be used and shared by DFH and third parties to the fullest extent not prohibited by applicable law. DFH encourages you to exercise caution when making decisions about what you disclose in public areas.
For your convenience, the DFH Sites may from time to time include links to websites or services that are owned and/or operated by third parties. This Privacy Notice does not apply to those websites or services, which may have their own privacy policies or notices that you should review to understand how they may use or disclose your personal information. DFH is not responsible for the content or privacy practices of any linked websites or services that are operated by third parties.
Certain functionalities may permit interactions that you initiate between the DFH Sites and certain third-party services. Examples include: “liking” or “sharing” DFH’s content and to otherwise connect DFH Sites to a third-party service (e.g., to pull or push information to or from the service).
DFH may engage and work with third parties to serve advertisements on third-party services. Some of these ads may be tailored to your interests based on your browsing of the DFH Sites and elsewhere on the Internet, which may include use of location and/or cross-device data, sometimes referred to as “interest-based advertising” and “online behavioral advertising”, which may include sending you an ad on a third-party service after you have left the DFH Sites (i.e., “retargeting”).
The DFH Sites are not intended for, nor targeted to, children under 13, and we do not knowingly request or collect personal information from any person under 13 years of age through the DFH Sites. If we learn that we have received information directly from a child who is under the age of 13, we will delete the information in accordance with applicable law.
The majority of our computer systems, networks, and devices are currently based in the United States. Accordingly, personal information we obtain through the DFH Sites may be processed in the U.S. and elsewhere where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By accessing the DFH Sites, you consent to the collection and/or processing of your personal information in the United States.
This Privacy Notice is subject to change at our discretion. We will indicate changes by updating the “Effective Date.” Your use of the DFH Sites after any update to this Privacy Notice will constitute your acceptance of the changes.
To the extent any provision of this Privacy Notice is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.