Lose It or Lose It | Privacy Policy

Last Updated: November 15, 2009

By using the LoseItorLoseIt.com website and/or any of the tools or services available on or through the LoseItorLoseIt.com website (collectively, the “Site”), you consent to the collection, use and disclosure of information from you in accordance with this policy. This policy applies to persons who create a weight loss plan through the Site and their accountability friends, in addition to other users of the Site.

Lose It or Lose It, LLC (“Lose It or Lose it”) is committed to protecting your privacy. At the same time, you should be aware that if you create a weight loss plan through the Site, part of the service we provide is to make your plan and weight information publicly viewable on the Site so that other users, including your accountability friends, can track your progress and provide encouragement and motivation. This privacy policy tells you about our online collection, use and disclosure of information from you, including personal information. It also tells you what personal information about you will be publicly viewable on the Site (please see the section below entitled “Publicly Viewable Personal Information”). The terms of this policy apply to all information collected by Lose It or Lose It on the Site.

If you have any questions, comments or complaints about this privacy policy or the collection, use or disclosure of information, including personal information, please contact us by email at admin@loseitorloseit.com.

Publicly Viewable Personal Information

When you use the Site to create a weight loss plan for yourself, Lose It or Lose It will collect personal information from you to set up a Profile page and start the plan. During the 10 weeks of your weight loss plan, you will have to submit additional personal information relating to your weight so that we can verify your progress. All of the personal information referred to in this section will be publicly viewable on the Site (“Publicly Viewable Personal Information”). In addition, your avatar and weekly weigh-in photos may be publicly displayed in advertising or promotional material for the Site on other websites and in other media. This is because enabling other users of the site to track your progress and provide motivation and encouragement is an important part of the service provided by Lose It or Lose It. Publicly Viewable Personal Information includes:

your name or avatar
the features of your weight loss plan (weekly weight loss goal and number of dollars per pound)
all other information you submit for your Profile page, including your weight loss strategy and any comments
your weight at your initial weigh-in and at each subsequent weigh-in
your weekly weigh-in photos
event information, such as the success or failure of your weekly weigh-ins or your missing of a weigh-in
the amount of your investment and penalties deducted
the names or avatars of your accountability friends
any other information you or your accountability friends submit to us for your Profile page and/or weight loss plan page

If you are an accountability friend of another site user, your Publicly Viewable Personal Information includes your name or avatar and any comments or other information you submit to us regarding the other user and his or her weight loss plan or progress.

By voluntarily providing Publicly Viewable Personal Information to us or designating an accountability friend who may submit Publicly Viewable Personal Information about you, you consent to the public display of this information (whether submitted by you or the accountability friend) as set out in this privacy policy, and you understand and agree that this information will be treated as non-confidential and non-proprietary. You also understand and agree that we or any other person may use and disclose, without restriction, any ideas, concepts, techniques or processes contained in Publicly Viewable Personal Information that you or your accountability friends submit through the Site. In addition, persons interested in your progress will be able to subscribe to receive your event information by RSS feed. We are not responsible for how others might use your Publicly Viewable Personal Information, including to send you unsolicited messages. Accordingly, do NOT submit any weight or health information, any photos or any other personal information that you consider private, confidential, proprietary or embarrassing.

You may always choose not to provide personal information, but if you so choose, certain services and features of the Site may not be available to you. (For example, you may not be able to use the Site to create a weight loss plan.)

Other Personal Information

In addition to Publicly Viewable Personal Information, we also collect other personal information that you provide to us on or through the Site or through your other interactions with us, such as in e-mails or telephone conversations.

Personal information collected by Lose It or Lose It or third parties performing services on our behalf (other than Publicly Viewable Personal Information) may include the following:

your username and password for the Site, your e-mail address, your time zone, and the names, e-mail addresses and avatars for the accountability friends you designate.
information collected when you conduct a transaction through the Site, such as credit card number or other financial account number, banking or other financial institution information, and billing or financial institution address.

Non-Personal Information Collected Through the Site

When you visit this Site, certain kinds of non-personal information, such as your IP address, any website that referred you to us, your browser type and language, and access times, may be collected automatically as part of the Site’s operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the Site.

Use of Your Personal Information

Lose It or Lose It collects and uses your personal information (as well as non-personal information) to:

create and manage your account;
process your transactions;
provide customer service;
perform research and analysis aimed at improving our products, services and technologies;
display content that is customized to your interests and preferences;
provide you with newsletters, RSS feeds, or other communications or services which you have signed up for or otherwise agreed to receive; and
send account- or transaction-related communications such as welcome letters and transaction confirmations. Unless you indicate a preference not to receive such information when you sign up for the Site, we may also send you surveys, marketing communications to inform you of new products or services or other information or offers that may be of interest, and/or updates about Lose It or Lose It. These surveys, marketing communications, or updates may come from Lose It or Lose It or our service providers. If you do not wish to continue to receive surveys, marketing communications or updates, you may indicate this preference by following the “unsubscribe” or “opt-out” instructions included within each e-mail communication. Please keep in mind that, even if you choose not to receive these communications, you may continue to receive transactional or account communications (e.g., confirmation emails) and other communications which are required or permitted by applicable law.

Disclosing Your Personal Information

Except as set out in this privacy policy, Lose It or Lose it does not disclose or sell your personal information to any third parties.

Publicly Viewable Personal Information is displayed on the Site and made available through RSS feed as discussed in the section above entitled “Publicly Viewable Personal Information.” In addition, information and content you post on blogs, chat rooms and similar interactive areas may also be publicly viewable (for more information, please see the section below entitled “Interactive Areas”).

We may disclose your personal information to third-party service providers who perform services on our behalf. For example, we may engage other companies to handle the processing of payments, to provide data storage, to host the Site, to assist in marketing Lose It or Lose It’s products or services, to conduct audits, to provide web analytics, etc. These third-party service providers (i) shall be permitted to obtain only the personal information they need to provide the service, and (ii) must protect personal information to the same extent as Lose It or Lose It, including not using it for any improper purpose.

We do not share personal information with unaffiliated third parties for their own direct marketing use. However, you should be aware that these and other third parties visiting the Site may see your Publicly Viewable Personal Information.

We may also disclose personal information to cooperate with law enforcement authorities, a court or administrative agency, or other governmental authority in connection with an investigation or where otherwise required or permitted by applicable law.

Certain information relating to usage of the Site and/or weight loss plans created through the Site may be shared with third parties (such as marketing partners, service providers and organizations with an interest in health or weight loss) on an aggregated, anonymous basis for research, analytical or promotional purposes. However, such information will not identify you as the subject or source of the information.

Finally, information about our users, including personal information, may be disclosed as part of any merger, acquisition, or sale of Lose It or Lose It and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which case personal information would be transferred as one of the business assets of the company.

Accessing, Changing and Deleting Your Personal Information

If you would like to review or revise information that you previously provided to us, you may access and change your personal information in the Profile page and other applicable sections of the Site. However, if you have created a weight loss plan through the Site and the plan’s 10 week period has not yet elapsed, you may not be able to revise certain of your Publicly Viewable Personal Information. Please e-mail us at admin@loseitorloseit.com with any questions or if you need assistance accessing or changing your personal information.

If would like to have your personal information deleted, please contact us at admin@loseitorloseit.com If you have created a weight loss plan through the Site and the plan’s 10 week period has not yet elapsed, you will need to cancel the plan in order to delete the Publicly Viewable Personal Information. Please see our How It Works policy for cancellation fee information. After the 10 weeks of your plan are over, we will delete your Publicly Viewable Personal Information at your request free of charge. If you delete your personal information, you may not be able to continue to use the Site or certain services available on the Site.

Use of Cookies and Other Technologies

Use of the Site may result in the placement of “cookies” on our computer to enable you to sign in to our Site and to help us personalize your online experience and present content that may be of interest to you. A cookie is a small text file that is placed on your hard drive. Cookies contain information, including personal information, that can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect may include the date and time of your visit, your registration information, session identification number and your navigational history and preferences.

Cookies offer you many conveniences. They may be used, for example, to allow us to identify registered users when they return to the Site. Cookies can also save you time by eliminating the need to repeatedly enter the same information.

You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our Site that depend on cookies, but you will be able to perform basic navigation through the Site.

In addition to cookies, we or our service providers may use web beacons and similar technologies on our Site and in e-mail messages or newsletters. These tiny electronic images can be used to assist us in determining how many users have visited certain pages or opened messages or newsletters. We do not use these images to collect personal information.

Any personal information collected on the Site through the use of cookies, web beacons or other technologies will not be shared with third parties for behavioral advertising purposes.

Security of Your Personal Information

The security of your personal information is important to us. We use reasonable safeguards to help protect your personal information, including without limitation, limiting access to your personal information to those of our employees and service providers who require it to provide services to you, and using a reputable encrypted third-party payment solution rather than storing your credit or debit card information on our servers.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.

Interactive Areas

In addition to your Profile page and other areas where you submit Publicly Viewable Personal Information, our Site may include discussion forums, blogs, chat rooms, bulletin boards, message boards, and other similar interactive areas in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site (collectively, “Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are also open to the public and any personal information you post or provide may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely.

Links

We may link to websites that have different privacy and security policies and practices from those disclosed here. We assume no responsibility for the privacy or security policies or practices of such linked sites, and encourage you to become acquainted with them prior to use. For example, such sites may use cookies, web beacons, pixels, flash objects and/or other technologies to track traffic and gather personal information (as well as use and disclose such gathered information) in ways different from ours.

Children’s Privacy

Persons under the age of 18 are not permitted to use the Site. Accordingly, we do not knowingly collect or solicit personal information from anyone under the age of 18.

Changes to This Privacy Policy

We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the “last updated” date at the top of the policy and post the changed policy on the Site. If there are material changes to this privacy policy or in how Lose It or Lose It will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an e-mail. Your provision of any information on or through the Site following such notification shall constitute your consent to the collection, disclosure and use of such information in accordance with the changed policy. Accordingly, we encourage you to review this privacy policy whenever you visit the Site in order to familiarize yourself with the most recent version.

Notwithstanding the foregoing, if you have created and signed up for a weight loss plan through the Site, information collected from you during the 10 weeks of the plan will be governed by the privacy policy that you accepted at the time you signed up, and any changes to this privacy policy will only apply to information collected from you following completion or cancellation of the plan.

WHEW!!