When you register on our Site, you hereby agree and acknowledge that your Personal Information will be placed into the AnnettaPowell.com database and that such Personal Information shall be shared with third parties for marketing purposes.
Your IP Address
Each time that you visit the Site, our web server automatically recognizes your IP address and the web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you. We also use your IP address to help diagnose problems with our servers, to administer the Site and to better serve you in using the products, services and other features associated with the Site.
Cookies and Action Tags
Action Tags, Web Beacons and other Data Collection Methods: An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by visitors who view certain advertisements or other information on the Site. Action tags are 1x1 pixel images embedded in a website page that are used to transparently collect information. We may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of the Site and to provide information about what products/services are viewed or purchased. We reserve the right to retain this cookie and action tag data indefinitely. At no time will we share cookie-related, action-tag-related and/or generated information and/or data with third parties.
Personal Information that We Collect from You
How We Use Personal Information
We may also use your Personal Information for any promotion-related purpose, and/or marketing and survey purpose, on our own behalf and on behalf of our affiliates and subsidiaries. We may disclose Personal Information to third-party agents and independent contractors that help us create and/or operate any promotions or surveys. You agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site.
We are able to offer our AnnettaPowell.com Products to you, in part, based on your willingness to be reached by our third-party advertisers. Your Personal Information (other than credit card information) will be shared with advertisers on an aggregate and non-aggregate basis. We also use contact information from your Personal Information to send you information about us, our AnnettaPowell.com Products, the Member program and to keep you informed of our other products and services that may be of interest to you and to contact you about your billing account status. Please keep in mind, though, that we do not control, and are not responsible for, the practices of our third-party advertisers. If you wish to stop receiving future communications from us and/or third party advertisers, or if you wish to prevent the transfer and/or sale of your Personal Information to third parties (subject to restrictions contained in applicable state and federal law), please see the Removal of Your Information/Opting Out section below.
By submitting your Personal Information at the Site, you agree to receive e-mail marketing from AnnettaPowell.com and our third-party advertisers. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the “ATSR”). With respect to the ATSR, and notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the terms of the ATSR.
Moreover, you hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit Personal Information to be shared or transferred to third parties without permission.
If you subscribe to or purchase one of our AnnettaPowell.com Products or enroll in a Member program, we may use your Personal Information to send you a welcoming email that may confirm your user name and password. If you “opt-in,” we may send you electronic newsletters, contact you about our AnnettaPowell.com Products and other products, services, information and news that may be of interest to you, and provide you with targeted feedback. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use such information (including Personal Information) to respond to your questions or comments, and we may file your questions or comments for future reference.
We may also supplement the information we collect with information from other sources to assist us in evaluating and improving the Site and AnnettaPowell.com Products, to determine your preferences so that we can tailor the Site and AnnettaPowell.com Products to your needs, and/or to study nutritional, weight-loss, behavioral and fitness questions in general.
How We Use Demographic Information and Aggregate Data
We use demographic information to tailor the Site to the interests of our users. Demographic information is shared with third party advertisers so that they can tailor their advertisements to the appropriate audience. Demographic information may also be shared with other third parties.
We may also use the non-personally identifiable information gathered on the Site to perform statistical analysis of user behavior, to analyze and evaluate issues relating to our AnnettaPowell.com Products and/or the Member program. We may link some of this non-personally identifiable information to Personal Information for purposes such as understanding the characteristics of people who use the Site, to improve and market the Site in general and our AnnettaPowell.com Products in particular or to assist you in your personal improvement efforts.
This Site may contain links to other third-party owned and/or operated websites including, without limitation, the websites of AnnettaPowell.com Third Party Service Providers. AnnettaPowell.com is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and AnnettaPowell.com has no responsibility or liability relating to them.
Our Security Precautions
We endeavor to safeguard and protect our users’ information. The privacy of your Personal Information is very important to us. The servers that we store personally identifiable information in are kept in a secure physical environment. We have security measures in place to protect the loss, misuse and alteration of Personal Information under our control. When our registration/application process asks users to enter sensitive information (such as credit card information), and when we store and transmit such sensitive information, that information is encrypted and is protected with SSL encryption software. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user all information off-line and online. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk.
However, access to your information is strictly limited, and not accessible to the public. All of our users’ information is restricted in our offices. Only employees who need the information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
THIS SITE IS PROVIDED BY AnnettaPowell.com ON AN “AS IS” BASIS. AnnettaPowell.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AnnettaPowell.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AnnettaPowell.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, AnnettaPowell.com DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE.
No information should be submitted to, or posted at, the Site by visitors under eighteen (18) years of age. Persons eighteen (18) years of age and younger are not permitted to access the Site and we do not knowingly collect Personal Information from such individuals. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Removal of Your Information/Opting Out
We provide users with the option to opt-out from receiving information sent via electronic mailings on behalf of third party advertisers. Users may unsubscribe from receiving e-mail at any time by following the instructions contained at the end of every e-mailing. Unsubscribe requests can only be processed if you have registered with us in the first instance. If you have not registered with us and wish to opt out of receiving e-mail from a particular sender, please consult that sender’s opt out policies or contact that sender. Information sent on behalf of third party advertisers is prepared several days in advance, so users may continue to receive e-mail from us for up to ten (10) days following the unsubscribe procedures detailed above. If, after that point, a user is still receiving e-mail from us, the user should contact us at [email protected]
No Liability for Unauthorized Changes
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE OR FOR THE UNAUTHORIZED MODIFICATION OF TEXT OR ADVERTISEMENTS PROVIDED BY US, OUR MARKETING PARTNERS OR ANY OTHER THIRD PARTIES.
Your Acceptance of these Terms