Terms & Conditions
WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE OBTAIN FROM YOU? WHEN DO WE OBTAIN SUCH INFORMATION?
If, upon visiting our Product, your use is limited to browsing our informational content, we will not require that you provide us with any personally identifiable information. However, we may request and collect personal information from you at other times. We may collect and process the following information about you:
- If you enroll for a subscription through our Product, we may ask that you provide us with certain personal information, including your name, e-mail address, mailing address and telephone number.
- Company does not collect or process your credit card or debit card (“Payment Card”) information. Apple and Google collect your Payment Card information with respect to in-app purchases made through the Apps, and our payment processor collects Payment Card information with respect to payments made through the Website. Such payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they have stored, and your card’s type, expiration date, billing address, and the last four digits of your card number.
- If you create a user account, we will ask that you provide us with your name, e-mail address and password.
- The Product contains certain questions and surveys as part of its functionality, and we will collect your response to these questions.
- If you report a problem or submit a customer review, we will ask that you provide your name, e-mail address, membership number, address, and phone number. Should you contact us for any reason other than to report a problem and/or submit a review, we may also keep a record and/or copy of your correspondence with us.
- Social media account information if you choose to share any content through third party social media providers such as Facebook, Twitter, etc.
- Device information such as operating system version, device type, and system performance initiation.
- Information collected from tracking technologies as more fully described below.
HOW DO WE PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION?
HOW DO WE USE YOUR INFORMATION?
Our primary use of your information is to administer, maintain and improve your experience on our Product generally as well as provide you with customer service and interactive communications. We also use your information in the following ways:
- If you check the “opt-in” feature on our Product, or if you do not uncheck a pre-checked “opt-in” box we may from time to time send you e-mails regarding our Product and special promotions or advertise to you through third party platforms such as Facebook and Google. Also, we occasionally may send you direct mail about products or services that we believe may be of interest to you.
- To carry out our obligations arising from any agreements between you and us.
- Notify you about changes to the Product.
- To identify your geographic location (such as zip code, state or country).
- To provide you with the SMS Service where applicable.
- To ask you to voluntarily complete customer satisfaction surveys.
- Track details of transactions through the Product and to provide you with Product.
- Details of your visits to and interactions with the Product including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
- We use your contact information as necessary to send you information about the subscriptions that you have purchased on our Product.
- We use your IP address to help diagnose problems with our server and to administer the services offered on our Product. We also use your IP address to help identify you and to gather broad demographic information that we may share with our business partners, but only in the aggregate without any of your personally identifiable information.
- We may research the demographics, interests and behavior of our customers based on the information provided to us during user account registration or subscription purchase, from our server log files, or from cookies. Our research may be compiled and analyzed on an aggregate basis. We may share this aggregate data with business partners, but only in the aggregate, without any of your personally identifiable information.
CAN YOU “OPT-OUT” OF RECEIVING COMMUNICATIONS FROM COMPANY?
If you change your mind and decide that you no longer want to receive promotional e-mails and/or direct mailings, you may opt-out at any time by simply sending an e-mail request to firstname.lastname@example.org or by selecting “unsubscribe at the bottom of email communications. If you no longer wish to receive push notifications, you may turn them off at the device level. If you provide your phone number to us directly or through a third-party for the specific purpose of receiving an SMS message with a link to our Apps, you will receive such SMS message (the “SMS Service”). Standard text message rates will apply.
PRIVACY POLICIES OF COMPANY PARTNERS
DO WE SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?
No, as a general rule, we do not sell or rent your personally identifiable information to anyone. If and whenever we intend to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, we may from time to time rent or sell demographic information in the aggregate that does not contain your personally identifiable information.
DISCLOSURES OF INFORMATION
We may disclose your personal information to any of our subsidiaries or affiliated companies with common ownership. We may also disclose your personal information to third parties as follows:
- We may disclose personally identifiable information and information submitted by you or collected through your use of the Product for research purposes as described in our Web Site and Mobile Application Terms and Conditions. You are authorizing this use under the Web Site and Mobile Application Terms and Conditions by using the product unless you contact us and inform us you do not wish to participate in such research. Please ensure you carefully review the “Informed Consent and Authorization to Use and Disclose Information” section of the Web Site and Mobile Application Terms and Conditions prior to your use of the Product.
- As noted previously, we may from time to time partner with other companies to offer co-branded services. Any information that you provide in connection with the co-branded services will become the joint property of Company and its business partners. We may also disclose other personal information about you to our business partners, but only if we have obtained your permission to make the disclosure before data collection or before transferring the data.
- We may, from time to time, offer you the opportunity to receive materials or special offers from third parties. If you want to receive this information, we may (but only with your permission) share your name and e-mail address with them.
- We also may disclose aggregate demographic and/or user information and statistics in order to describe our customer base to prospective partners and other third parties, and for other lawful purposes.
- We may disclose your personally identifiable information without your prior permission in special cases. For example, we may have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating the Web Site and Mobile Application Terms and Conditions, or may be causing intentional or unintentional injury or interference to the rights or property of Company or any third party, including other customers. Also, we may disclose or access your personally identifiable information when we believe in good faith that law or regulation requires disclosure.
- Based on your specific requests, we may need to disclose your personal information to a third party so that they can provide a service you have requested from such party or fulfill a request for information from such party.
- We may disclose the personal information that you have provided to Company to a third party that offers and/or provides goods or services complementary to our own for the purpose of enhancing our users’ experiences by offering you integrated or complementary functionality or complementary services.
- If we are under a duty to disclose or share your personal information in order to comply with any legal obligation such as to comply with a subpoena, bankruptcy proceedings, similar legal process, or in order to enforce or apply our agreements with you; or to protect the rights, property, or safety of Company, our customers, or others.
- We may disclose your personal information to third parties in order to provide Company advertisements on such third party platforms, to the extent that you have consented to such practices under applicable law.
HOW CAN YOU UPDATE, CORRECT OR DELETE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
Upon request, Company will provide you with information about the personal information we store or process on behalf of a third party, if any. You may access, edit or delete your personally identifiable information and your password at any time by sending an e-mail request to email@example.com and we will respond within a reasonable time.
Company and our analytics partners use technologies such as cookies, beacons, tags, and scripts to enable a service to recognize your device and to measure how people are using the Product. This includes certain information automatically stored in log files such as IP addresses, browser type, internet service provider, operating system, and date and time stamps.
We partner with third parties, such as Facebook and Google, to manage our advertising of the Product on other sites or platforms as well as across your other devices based on your past visits to our website. Our third party partners may use technologies such as cookies to gather information about your activities within the Product to deliver advertising to you, such as retargeting ads. We currently do not respond to do-not-track signals.
The Product may use Google Analytics code to gather statistical information. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Product and the use of the Product. For more information on how Google Analytics processes this information, visit www.google.com/analytics
We may use mobile analytics software. This software may record information such as how often you use the Product, what you do in the Product, and where the you download the Product. We may link the information we store within the analytics software to any personal information you submit in the Apps.
DO YOU HAVE CHOICES ABOUT COOKIES?
Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, our Product uses cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto our Product and/or use our services.
The Product may include the option to share or like certain information through social media platforms. These features may collect your personal information and may set a cookie to enable the feature to work. These social media features are sometimes hosted by third parties. Your use of these features is controlled by the privacy statement of the person providing the feature.
WHERE DO WE STORE AND PROCESS YOUR PERSONAL INFORMATION
All information you provide to us through the Product is stored and processed on servers located in the United States and may be transferred to the United States from your country of residence. The United States may not have the same level of protections for your personal information as your country of residence. Payment information is stored with our payment processor and is never stored on our servers.
You must be 18 years of age or an emancipated minor to register for a user account on the Product. Individuals under the age of 18, or the applicable age of majority, may utilize the Product only with the involvement and consent of a parent or legal guardian, under such person's account. In any case, no one under the age of 13 may use the Product, as THE PRODUCT IS NOT INTENDED FOR CHILDREN UNDER 13.
WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?
If you have any questions, comments or requests about this Privacy Statement or the practices of our Product, please feel free to e-mail us at firstname.lastname@example.org or by calling 844-737-5323 and we will respond within a reasonable time frame. Our physical address is 2140 E. Southlake Boulevard Suite L #809 Southlake, TX 76092.
Dr. Leaf Messaging Terms & Conditions
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Dr. Leaf, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Dr. Leaf reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Dr. Leaf also reserves the right to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Dr. Leaf, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP to 80519 to cancel. After texting STOP to 80519 you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Dr. Leaf and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Dr. Leaf through any other programs you have joined until you separately unsubscribe from those programs.
MOBILE PHONE NUMBER CHANGE
In the event that you change or deactivate your mobile phone number, you agree to notify Dr. Leaf by visiting https://support.attentivemobile.com/help/
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support.
This message program is a service of Dr. Leaf, located at 2140 E Southlake Blvd, Suite L #809, Southlake, Texas 76092.
- General. In the interest of resolving disputes between you and Dr. Leaf in the most expedient and cost effective manner, you and Dr. Leaf agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Dr. Leaf or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Dr. Leaf or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Dr. Leaf ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Dr. Leaf to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Dr. Leaf will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Dr. Leaf. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or Dr. Leaf intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Dr. Leaf address for Notice is: 2140 E Southlake Blvd, Suite L #809, Southlake, Texas 76092, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Dr. Leaf will make good faith efforts to resolve the claim directly, but if you and Dr. Leaf do not reach an agreement to do so within 30 days after the Notice is received, you or Dr. Leaf may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Dr. Leaf must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Dr. Leaf will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Dr. Leaf for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Dr. Leaf agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Dr. Leaf made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND Dr. Leaf AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Dr. Leaf agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Dr. Leaf makes any future change to this arbitration provision, other than a change to Dr. Leaf address for Notice, you may reject the change by sending us written notice within 30 days of the change to Dr. Leaf address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Dr. Leaf.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
CHANGES TO MESSAGING TERMS
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.