Last Modified: November 3, 2011
2. U.S. Governing Law; Safe Harbor.
3. Collection and Use of Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
When we use the term "Personal Information" we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term "Other Information", we mean any information other than Personal Information that may be collected about you (Personal Information and Other Information, together, the "Information").
a. Information We Collect that You Provide Us.
"Cookies" (which may be html files, Flash files or other technology) are text files that help store user preferences and activity. "Web beacons" (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. The Site and/or third parties may use "cookies", "web beacons" and other similar tracking technologies (collectively, "Tracking Technologies") to collect Other Information automatically as you browse the Site and the web.
We use Tracking Technologies to help tailor our content, allow users to move between associated sites without logging into each site, understand Site and internet usage, improve or customize the content, offerings or advertisements on this Site, personalize your experience on this Site (for example, to recognize you by name when you return to the Site), understand your interactions with email messages (such as the links clicked on and whether the messages were opened or forwarded), save your password in password-protected areas, save your online game or video player settings, enable you to use shopping carts on the Site, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Site and for other purposes described in the "Use of Information", "Other Information Collected by Us" section below. These Tracking Technologies collect "click stream" data and additional Other Information regarding your visits to the Site, such as your visits to the Site's webpages, use of our features, and purchasing history or preferences and may also collect your IP address or some other identifier unique to the Device you use to access the Site ("Identifier"). An Identifier is automatically assigned to any Device you use to access the Site. Your Personal Information is not collected as part of this process but we may associate Other Information collected by Tracking Technologies with Personal Information.
By visiting the Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site through these Tracking Technologies and that we may use Tracking Technologies in the emails we send to you.
This Site may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, "Third Party Advertising Service Providers") to, for example, serve advertisements on the Site, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Site ("Targeting Services"). These Third Party Advertising Service Providers may enable us to display advertisements based on your visits to the Site and other websites you have visited. Targeting Services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.
These Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Site except to the extent necessary to provide services to the Site. The Third Party Advertising Service Providers, as well as Advertisers, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to Other Information about you.
If you would like more information about the information collection practices of a particular third-party advertising service provider, or if you would like more information on how to opt out of a third-party advertising service provider’s information collection practices, go to http://www.aboutads.info, or for apps, at http://www.aboutads.info/appchoices.
Additionally, some of our third-party advertising service providers are members of the Network Advertising Initiative ("NAI"). You can obtain more information about these third-party advertising service providers' information collection practices, and opt out of such practices (and at the same time opt out of the collection practices of other, or all, NAI members) by following the opt out instructions on the NAI's website at http://www.networkadvertising.org/managing/opt_out.asp.
c. Use of Information.
i. Personal Information. We, and/or our Parent Companies and Affiliates, use the Personal Information we collect from you in a variety of ways, including:
ii. Other Information Collected by Us. We, and/or our Parent Companies and Affiliates, use the Other Information we collect from you in a variety of ways, including:
4. Opting-Out of Certain Uses of Your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
a. Opting-Out of Certain Uses of Personal Information.
i. In Connection with Marketing and Promotional E-mail and Offers. You may "opt-out" of receiving marketing and promotional e-mails from us at any time by going to the Site's home page, logging in, clicking the "Account" link, to (1) deactivate your account or (2) change or edit your preferences. You may also use the opt-out mechanism that is contained in each such email. Please note that when you opt-out of receiving marketing and promotional e-mails from us, you are not opting out of receiving newsletters from us that you have requested. Further, when you use the opt-out mechanism that is contained in an email, you are not opting out of receiving marketing and promotional e-mails from other VMN brands. Please see Section 4.a.ii below for your newsletter options.
ii. In Connection with Wireless Marketing Services. See "Termination of Wireless Services by Users" under the "Wireless Marketing Services and Associated Promotional Opportunities" Section for more information on how you may unsubscribe from receiving text messages.
iii. Certain Continuing Rights Regardless of Opt-Outs. However, even if you exercise your opt-out rights above, we, or our Parent Companies or Affiliates, may continue to contact you for the other purposes described in the "Use of Information" Section above, such as for maintenance and administrative purposes.
b. Opting-Out of Use of Certain Other Information Collected by Tracking Technologies.
i. Tracking Technologies Set By Third Party Advertising Service Providers and Advertisers. With respect to the Tracking Technologies set by Third Party Advertising Service Providers and Advertisers, you have a number of options:
PLEASE NOTE THAT THE USE AND STORAGE OF FLASH COOKIES TYPICALLY CANNOT BE CONTROLLED THROUGH YOUR BROWSER. PLEASE SEE BELOW FOR INFORMATION ON HOW TO MANAGE FLASH COOKIES.
ii. Tracking Technologies Set By the Site. With respect to the Tracking Technologies set by the Site, you have a number of options:
This Site is committed to complying with the Self-Regulatory Principles for Online Behavioral Advertising. Click here for more information about this Site and online behavioral advertising.
Some Device manufacturers may preset their browsers to block Tracking Technologies from websites other than those you visit directly and, if so, certain services or advertisements may not work for such Devices. Further, if you delete, reject, disable or turn off Tracking Technologies, you may not have access to certain features of the Site and some of our other services may not function properly.
iii. Flash Cookies. Please note that deleting, rejecting, disabling or turning off Tracking Technologies set by Third Party Advertising Service Providers and Advertisers and set by this Site through the above options will not remove Flash cookies. For more information about Flash cookies and how to remove them from your computer, please visit http://kb2.adobe.com/cps/526/52697ee8.html4.
5. Wireless Marketing Services and Associated Promotional Opportunities.
We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party's interception of messages or a user's Personal Information when using a wireless communications device.
Users that register for Counselheal's wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from Counselheal. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Site, Counselheal, its Parent Companies or Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
a. Registration. To the extent we provide wireless marketing services, there are two registration methods provided for Counselheal’s wireless marketing services. Standard rate Promotions will be subject to either the "single opt-in" or the "double-opt-in" (Site/SMS) method, at the discretion of Counselheal depending on the type of Promotion. Premium rate services will require the "double opt-in" (Site/SMS or SMS/SMS) method.
i. Single Opt-in Method: In response to print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. The user's voluntary submission of the designated word or code to Counselheal will mean that the user has freely and affirmatively granted permission to Counselheal to send text messages to him or her. Counselheal will thank the user for his or her registration by sending a "Thank you" message. The user may terminate the service at any time by using the unsubscribe command in any text message from Counselheal or by sending a text message to Counselheal that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT".
iii. Double Opt-in (SMS/SMS) Method: In response to print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. Counselheal will then send a "Confirmation" message to the user's designated wireless device and will request that the user confirm that he or she has agreed to receive messages from Counselheal to that particular telephone number (or wireless domain name when appropriate). The user must respond to the "Confirmation" message with a text message that states "YES" or "Y" that will indicate the user's acceptance of Counselheal's wireless marketing service. Until the user responds to the "Confirmation" message, the user is not registered for the specific wireless marketing service subject to the Promotion. A user may respond to the "Confirmation" message at any time provided that Counselheal may choose to terminate offering wireless marketing service at any time and the user's response to the "Confirmation" is only valid if the response is received while Counselheal continues to offer the specific wireless marketing service.
b. Termination of Wireless Services by User. Regardless of which one of the above opt-in methods was used to register, users may revoke their consent to receive messages from Counselheal by the following procedure:
A user may cancel one or more services via his or her wireless device at any time by using the unsubscribe mechanism provided by Counselheal at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". Counselheal will terminate the user's registration for the most recent wireless service sent to the user. Any of these words followed by the word "ALL" in the user's termination request will cancel all of the user's registered wireless services with Counselheal. If the user unsubscribes from one or all of Counselheal service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user's previous opt-in.
c. Termination of Wireless Services by Counselheal. A user understands, acknowledges and agrees that Counselheal may, in its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. Counselheal may provide notice of terminations or changes in services on this Site.
d. Use of Information. Counselheal will not use a wireless telephone number, wireless or conventional Internet email address, or other Information submitted for its wireless marketing services for any other purpose but to provide the service requested, unless we provide advance notice of any other use. We will not share any Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share Personal Information with the operational service providers that assist us in delivering these wireless services to you and with the Parent Companies and Affiliates.
6. Sharing and Disclosure of Personal Information and Other Information.
7. Reviewing, Updating or Deleting Certain Information.
Generally, you may review, update or delete certain Information collected by the Site by clicking "Account" on the homepage to sign in to your Site account with your User ID to change, update or deactivate your Personal Information. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. We will allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your information current, but once you select a user name you will not be able to change that user name provided to us during registration and which is associated with your User ID.
You may also exercise certain privacy settings options by, if you are a registered user of the Site and logged into the Site, clicking "Profile" or your display name at the top of the Site, selecting "Edit Profile" or "Manage Account" and selecting the "Privacy" tab.
Certain Information collected for certain entries into Promotions are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user's request, unless the entrant is a child under the age of 13 years old.
If the burden or expense of providing access to your Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide access to such Information. In such cases, we will provide to you an explanation of why access cannot be provided and contact information for further inquiries.
Children or Ineligible Teenagers.. If we, or our Parent Companies or Affiliates, inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of the Site, such as a child (a person under the age of 13) or others who do not meet the greater age requirements of certain features of this Site ("Ineligible Teenagers"), the child (or Ineligible Teenager) or the child's (or Ineligible Teenager's) parent or legal guardian (the "Parent") always has the right to unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18, or the age of majority in your state).
8. Protection of Information.
While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the Site. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow similar standards of security and confidentiality.
Phishing. Phishing attacks attempt to steal consumers' personal identity data and financial account credentials. "Phishers" use 'spoofed' e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site's Privacy Administrator at info@Counselheal.com, and then immediately delete the fraudulent email from your computer.
9. Your California Privacy Rights.
If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as "unsubscribe") or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.
If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to the Privacy Administrator at info@Counselheal..
All requests must be labeled "Your California Privacy Rights" on the email subject line or envelope or post card. For all requests, please clearly state that the request is related to "Your California Privacy Rights", include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user's account or any services, features or functions.
Further, if you use any of the Communities features and functions made available on or through the Site, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who will access and use your Personal Information or for what purposes. Counselheal is in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.
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