UCANPOOPTOO™ WEBSITE PRIVACY POLICY STATEMENT
Effective Date: 25 October 2011
Introduction
Collection of Personal Information
Our Use and Disclosure of Your Personal Information
Use by Other Parties of Your Personal Information
Security
E-mail Communication
Clickstream Data and Cookies
Third Party Sites
Access to and Change of Personal Information
Children’s Personal Information
Contacting BeHealth Solutions
1. Introduction. BeHealth Solutions, LLC (“BeHealth Solutions”), a Virginia Limited Liability Company (the “Company” or “BeHealth Solutions”), is committed to respecting and protecting the privacy of each User and Child who uses the Website. This Privacy Policy Statement (this “Privacy Policy”) is issued by BeHealth Solutions in conjunction with the UCanPoopToo™ Terms of Use and User Agreement (“Terms of Use”) governing each User’s and Child’s use of the UCanPoopToo™ Software, the Website and the Services. This Privacy Policy explains under what circumstances BeHealth Solutions and/or the BeHealth Solutions Parties (BeHealth Solutions and BeHealth Solutions Parties shall be referred to in this Privacy Policy, collectively, as “we,” “us,” or “our”) gather information relating to each User and Child (collectively referred to in this Privacy Policy as “you” or “your”), how we use such information, and who may access that information. This Privacy Policy is an integral part of the Terms of Use. All defined terms used in this Privacy Policy that are not otherwise defined shall have the meanings ascribed thereto in the Term of Use.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE OTHER TERMS AND CONDITIONS OF THE TERMS OF USE. IF YOU DO NOT AGREE WITH AND ACCEPT ALL OF THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, DO NOT USE THE WEBSITE OR DO NOT PROVIDE OR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION VIA OR WHILE USING THE WEBSITE, THE SOFTWARE, OR THE SERVICES.
This Privacy Policy may be revised by us periodically and we recommend reviewing this Privacy Policy when you visit the Website so that you are aware of any changes. Your use of the Website following any changes in this Privacy Policy will constitute your acceptance of such modifications. Should we make any material changes to this Privacy Policy, we will include a notice on the homepage of the Website, and send an email notifying each User of the changes to the Privacy Policy provided that the email address of record is both valid and active at the time of notification.
2. Collection of Personal Information. As fully explained in Section 4 and Section 10 of the Terms of Use (Terms of Use), there are two primary methods through which we may collect personal information from you. The first method is in connection with the establishment of your User Account. The personally identifiable information that we collect in connection with the account registration process (“Registration Information”) may vary, but typically includes, but is not limited to, your name, e-mail address, home address, telephone number, information necessary to process your payment for your Subscription, and Child’s name. All Registration Information is voluntarily submitted by your entering data into online forms.
The second method is when you make personally identifiable information available while using the Website, the Software or the Services (“User Information”). You may make User Information available in connection with the uploading, submission, or transmission of User Submissions. For example, a User or Child may submit information concerning a Child’s progress within the YouCanPoopToo™ program or information concerning his or her bowel movements.
While User Information is an important element for the most effective utilization of the Website, you are under no obligation to provide any User Information. If you do provide User Information, you are thereby consenting to the use and disclosure of such User Information in accordance with the terms and conditions of the Terms of Use and this Privacy Policy. If you, as a parent, will be providing Personal Information (as defined in Section 3) about a Child or a Child will be providing Personal Information themselves, a parent or guardian must provide verifiable parental consent during the registration process by submitting a credit card payment for your Subscription.
3. Our Use and Disclosure of Your Personal Information. BeHealth Solutions does not claim ownership of any of your Registration Information or User Information (collectively, “Personal Information”). Although we reserve the right to review and monitor any of your Personal Information, we typically simply store your Personal Information on our servers and computer networks or those of our business partners, suppliers or hosting services providers. BeHealth Solutions will only use your Personal Information as is reasonably necessary in connection with the operation and maintenance of the Website, the Software and the Services, including providing support and maintenance services to you. We may also use your Personal Information to contact you with information relating to the Website, the Software, the Services, or your Subscription.
4. Use by Other Parties of Your Personal InformationWe are committed to protecting your privacy and we will not sell or lease your Personal Information to any third party. We will not require you to disclose more information than is reasonably necessary to effectively utilize the Website, the Software, and the Services as a condition of participation as required for use of the foregoing.
Although we will make all reasonable efforts to preserve your privacy, we may disclose your Personal Information:
(a) to our business partners and agents, such as financial institutions, suppliers, delivery services, parties providing hosting services, and web and technical support providers, as is necessary or required in connection with the operation, maintenance and support of the Website, the Software, and/or the Services, in which case we will request that such third parties maintain the confidentiality of your Personal Information in accordance with the terms of this Privacy Policy;
(b) to comply with any legal requirements or court orders, to defend any legal or administrative proceedings, or as we believe in good faith is necessary to comply with any laws or legal requirements;
(c) to protect any individual’s personal safety in an emergency situation;
(d) to protect or defend our rights or property (including enforcement of our rights under the Terms of Use); and
(e) in connection with the sale of the equity or any of the assets of the Company, in which case we will require the buyer to maintain the confidentiality of your personal information in accordance with the terms of this Privacy Policy.
Except as described in this Privacy Policy, we will not disclose your Personal Information outside of the Company and its affiliates without your consent. We may share aggregated demographic and statistical information with our business partners. This is not linked to any Personal Information that can identify any individual person.
5. Security. We have implemented reasonable physical measures and administrative procedures to safeguard against unauthorized access and help prevent the loss, misuse or alteration of your Personal Information in accordance with the terms of this Privacy Policy. However, we cannot guarantee that the security measures we implement in connection with the operation of the Website, the Software and the Services will absolutely prevent others from accessing or acquiring any of your Personal Information.
6. E-mail Communications. From time to time, we may e-mail you news bulletins, information on technical service issues, or information relating to the Website, the Software, the Services, and/or your Subscription. You consent to the delivery of such communications by e-mail to the e-mail address(es) that you provide to the Company when establishing your User Account. You may opt-out of our e-mail communications at anytime by updating your profile.
7. Clickstream Data and Cookies. In addition to the Personal Information that you supply to us, we may collect, store and use certain, anonymous information known as “Clickstream Data” as you access and navigate the Website. We use this information to gain a better understanding of how people use the Website, to analyze data for trends and statistics, to help diagnose problems with our servers and computer networks, and to enhance the performance of the Website, the Software and the Services. The Clickstream Data that we may collect, store and use includes the IP address of your computer (automatically assigned by your Internet Service Provider whenever you log onto the Internet), the Internet address of the site from which you linked to the Website (known as the referring URL), the date and time you access to the Website, what pages of the Website you visit and when, and the type of browser you use. Clickstream Data is not personally identifiable and we do not link this information to personally identifiable data, or any of your Personal Information.
We also may use session cookies, which are small text files placed on your browser that maintain information from page to page as you navigate the Website. Session cookies are automatically deleted when you close your browser. If you do not want session cookies stored on your computer you might be able to adjust your browser settings to refuse all cookies, including sessions cookies, although this may prevent you from using certain features of the Website and the Services.
8. Third Party Sites. This Site may contain links to other websites that are run by third parties. Once you have clicked on a link or button activator connecting you to such third-party website, you will leave the Website and be taken to a website that we do not control. THIS PRIVACY POLICY DOES NOT APPLY TO ANY THIRD PARTY SITES. BEHEALTH SOLUTIONS IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES AND MAKES NO REPRESENTATIONS REGARDING THE CONTENT OR ACCURACY OF MATERIALS ON SUCH SITES. We suggest you read the privacy statement of the third-party website before providing any personally identifiable data on that site. We are not responsible for any use by any person or entity of any information that you may provide while accessing or using any third-party website.
9. Access to and Change of Personal Information. You have the right to contact us at any time to: (a) request the removal of any Personal Information that you provided to us from our servers and computer networks; (b) update your Personal Information; and/or (c) refuse to allow any further collection or use of Child’s Personal Information. Please use the Company contact information provided below in Section 11. Removal, or refusal to allow further collection or use of, Personal Information may substantially reduce the effectiveness and usability of the Website. If any Personal Information is removed from our servers or computer networks, third parties who had access to such Personal Information prior to its removal may have retained some or all of such Personal Information. We are not responsible for the retention or use by third parties of any of your Personal Information at any time, including following its removal from our servers or computer networks.
10. Children’s Personal Information. We are committed to protecting the privacy of children and complying with the Children’s Online Privacy Protection Act (COPPA). To that end, we require that parents submit verifiable parental consent by submitting a credit card when registering before a User or Child submits the Personal Information of a Child to us. Below is a list of parties that may have access to the Personal Information of a Child as a result of a User’s or Child’s use of the Website, Software or Services
• BeHealth Solutions collects and/or maintains the Registration Information and User Information (defined in Section 2 of this Privacy Policy) for the purposes of operating and maintaining the Website, the Software and the Services, including providing support and maintenance services to you. The contact information for BeHealth Solutions is provided in Section 11 below.
• Amazon Web Services, LLC (“Amazon”), a division of Amazon.com, Inc., hosts the Website and the Software on Amazon’s servers and network. Amazon’s privacy notice is available at: http://aws.amazon.com/privacy/ and their contact information is: Mailing Address: Amazon.com, Inc., P.O. Box 81226, Seattle, WA 98108-1226.
• BrightMarket LLC, d/b/a FastSpring (“FastSpring”), collects and/or maintains the Registration Information defined in Section 2 of this Privacy Policy in order to process Subscription payments, communicate with Users regarding Subscription status and renewal options, and provide customer support and information to Users and to BeHealth Solutions on issues related to Subscription payments and terms. Registration Information is stored in FastSpring’s databases, and the Website, the Software and the Services are integrated with FastSpring’s databases such that they pull Registration Information data from FastSpring’s databases and use that data in connection with the operation and maintenance of the Website, the Software and the Services, including providing support and maintenance services to you. FastSpring’s privacy policy may be viewed at http://www.fastspring.com/privacy.php, and their contact information is: Mailing Address: BrightMarket LLC, d/b/a FastSpring, 11 West Victoria St., Suite #207A, Santa Barbara, CA 93101. Telephone: 1-877-327-8914. Email: info@fastspring.com
• Assistly Inc. (“Assistly”) provides and hosts a software that is used by BeHealth Solutions for purposes of supporting you and other users of the Website, Software and the Services. When you initiate a support case using Assistly’s software, that software may collect and/or maintain your User Account name, name, email address, phone number, and any other content that you enter into the software related to your support request. Assistly’s privacy policy may be viewed at http://www.assistly.com/privacy, and their contact information is: Mailing Address: 171 2nd Street, Suite 300, San Francisco, CA 94105. Telephone: 1-877-226-9212. Email: info@assistly.com.
• SendGrid, Inc. (“SendGrid”) processes emails that are originated from the Software and the Website through its servers and infrastructure. When the Software or Website sends you an email, SendGrid captures the contents of that email and the email address to which it is sent in order to process the email. SendGrid’s privacy policy may be viewed at http://sendgrid.com/privacy.html, and their contact information is: Mailing Address: 929 Pearl Street, Suite 200, Boulder, CO 80302. Telephone: 1-877 969 8647. Email: legal@sendgrid.com.
11. Contacting BeHealth Solutions. A “Contact Us” link is provided on most pages of the Website. Please click on this link to send an e-mail to BeHealth Solutions and we will work to ensure your query is passed on to and answered by the appropriate person in a timely manner. Please be aware that e-mail you send us is not necessarily secure against interception. If your communication pertains to sensitive information then you should contact us via regular mail or telephone. If you have any questions about this Privacy Policy or the practices of BeHealth Solutions, you can contact us as follows:
By mail: Privacy Officer
BeHealth Solutions, LLC
375 Greenbrier Drive, Suite 100
Charlottesville, VA 22901
By e-mail: privacyofficer@BeHealthSolutions.com
By telephone: 434-422-9090