COLLECTION OF PERSONAL INFORMATION
Personal Information is information about you that identifies you as an individual, for example, your name, address, e-mail address, or telephone number. We collect information that you voluntarily provide to us through responses to surveys, search functions, questionnaires, feedback, purchases, Blog forms and the like.
HOW DOES PREMAMA USE INFORMATION GATHERED ABOUT ONLINE VISITORS?
Premama will not share any information you provide to our Site with any outside sites or corporations. Premama values your privacy and only requires your information so that we may assist you as best as possible. Promotional and informational offers: With the permission of an online visitor, information submitted at the time of registration or submission may be used for marketing and promotional purposes by Premama provided notice of this fact is made available online. If a visitor objects to such use for any reason, s/he may prevent that use, either by e-mail request or by modifying the registration information provided. Premama uses reasonable efforts to maintain visitors' information in a secure environment. If you have submitted personal information and want to change it or opt-out, please contact us as described below. Sometimes we send offers to selected groups of customers. To accomplish this, we may use third parties working on behalf of Premama. We provide a variety of ways for you to tell us you do not want to receive such promotional or informational offers. For example, we may provide an opt-in box for customers to receive information that is sent by a third-party fulfillment house, and we make clear that, by opting in, you are submitting your data to a third-party. You can elect not to receive promotional or informational materials from us by following the instructions to opt-out as mentioned or included in each of our programs we send to you.
THIRD PARTY ADVERTISING PARTNERS
We use third-party service providers to serve advertisements (banners or links) on our behalf across the Internet.
These service providers may collect non-personally identifiable information about your visits to our website, and your interaction with our products and services. Such non-personally identifiable information is anonymous and does not include your name, address, e-mail address or other personal information. The anonymous information is collected through the use of a pixel tag (also known as cookies and action tags), which is industry-standard technology used by most major websites.
In addition to the anonymous information about your visits to our website, our service providers may also use the anonymous information about your visits to other websites to target advertisements for products and services available from Premama.
Currently, we use third party-placed tracking pixels and cookies from the following advertising delivery partner: Google. In the future we may partner with other companies to provide interest-based advertising, both on and off site.
DISCLOSURE OF INFORMATION
Premama, in common with many web site operators, may use standard technology called "cookies" on its Sites. Cookies are small data files that are downloaded onto your computer when you visit a particular web site. You can disable cookies by turning them off in your browser; however, some areas of the Site may not function properly if you do so.
If you choose to use our referral function to tell a friend about one of our Sites, our Site will ask you for your friend's name and e-mail address as well as your information. The form automatically sends your friend a one-time e-mail inviting him or her to visit the Site. We do not access or store this information, except to send this invite.
Our Site enables you to participate in communities such as discussion boards, chat rooms and live events. We encourage you to use discretion when posting personal information in these communities and to be aware that when you post information such as your name, email address, etc., it may be collected and used by others to send you unsolicited communications. Premama cannot control, and is not responsible for, the communications you may receive when you participate in such communities.
PROTECTION OF CHILDREN ONLINE
Premama considers the protection of children's privacy, especially online, to be of the utmost importance. We do not knowingly collect or solicit personal information from children nor do we allow them to become registered users of, or to request information through, our Sites or help-seeking information lines.
PROTECTION OF INFORMATION
Our Commitment to Security We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. Premama applies security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized employees on a need-to-know basis. Storage of Information Personal information you share with us is stored on our database servers at Premama's data center in Rhode Island. We have implemented technological measures to prevent individuals from accessing information without authorization. Data centers are designed to be physically secure and protected from unauthorized access by unauthorized persons.
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This website contains information intended only for residents of the United States. Other countries may have regulatory requirements or medical practices which are different than those in the United States. Therefore, this information may not be appropriate for use outside the United States.
Documents displayed by Premama, Inc. (the "Company") on the World Wide Web, and portions thereof, may not be copied, reproduced, published, translated, modified, distributed or otherwise used in any form without the express written consent of the copyright owners other than for non-commercial individual reference, with all copyright or other proprietary and intellectual property rights retained. The Company will use reasonable efforts to include accurate and up-to-date information on all of its websites, but the Company makes no warranties or representations, express or implied, as to their accuracy. All users agree that the access and use of the Company websites, sites linked to this website and the content thereof is at their own risk.
This website, or other sites linked to this website, may contain information related to nutrition, exercise and fitness and/or general information provided by select health care professionals. All users agree that all access and use of such nutritional, exercise and fitness and/or general information provided by select health care professionals is not intended as a substitute of any kind for professional medical advice, diagnosis or treatment by a qualified professional as required. The information is not intended to replace advice provided by your healthcare professional. Speak to your healthcare professional before making any changes to your lifestyle, or beginning or discontinuing any course of treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on this site or a site linked to this website. Neither the Company nor any party involved in creating, producing or delivering the Company's websites shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use the sites, or any errors or omissions in the content thereof.
Links to other sites:
This website may include links to other third party websites. We cannot guarantee the standards of every website link we provide or be responsible for the content of non-Company sites. Links to these sites should not be taken as an endorsement of the sites or an association with their owners. Links to such sites are provided solely for reference or convenience purposes and the Company makes no warranties or representations as to the reliability and accuracy of the content contained in any other site. The Company encourages you to conduct your own independent review of the linked sites and read their privacy policies and terms and conditions of use statements. All users agree that all access and use of such other sites and the content thereof is at their own risk. The Company shall not be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use the other sites, or any errors or omissions in the content thereof.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of supplements for preconception, pregnancy, and postpartum. Premama exists to help build healthy families with the highest quality supplements. We believe in a proactive approach to wellness and are here for our consumers the minute they’re ready. Our progressive and holistic solutions guide, support and educate families with honesty and purpose. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Providence, RI before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Premama’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.