Hydroxycut App Privacy Statement

Iovate Health Sciences International Inc. (“Iovate”) respects your privacy. This Privacy Statement explains the type of information Iovate collects from and about you when you download and use the Hydroxycut mobile application (“App”). This Privacy Statement also explains how we use and disclose such information, as well as your ability to control certain uses of it. By using this App, you agree, without limitation, to the practices described in this Privacy Statement, and the App’s Terms of Use. If you do not agree, please do not use the App.

1. We Collect Information When You Choose to Provide It to Us

We collect personal information through this App when you choose to share it with us. This may include when you register through the App; sign up to receive newsletters; contact us or request information from us; or participate in the interactive diet and training portion of the App. The personal information we collect may include your name, email address, telephone number, mobile number, address book contact information, birth date, gender, and, photographs.

If you would like to use certain App features, you may also provide certain personal health related information, such as height, weight, body fat percentage and measurements, nutritional input, fitness goals, and exercise patterns.

If you use a third party login to create your account (such as Facebook Connect) or otherwise link to us, we may receive certain information about you from the third party (such as a social network) based on your registration and privacy settings on those third party services.

2. We Collect Certain Information Automatically

We may automatically collect certain non-personal or anonymous information about our App users, use of the services on our App, or interactions with other features on our App. This may include information about your unique device identifier of any device used to access the App, and phone operating system. We may also collect information about visitors’ browsing behavior, such as the date and time they use the App, and the duration of App use. We may use cookies or other technologies to collect this information.

3. We May Combine Your App Information with Other Information.

We may combine the information we receive from and about you, including information you provide to us with information we automatically collect through the App, as well as information collected across other computers or devices that you may use and from other online and offline sources or other third party sources.

4. Tracking Options

Certain parts of our App require cookies and other technologies. We may use cookies or other technologies to deliver more relevant advertising and to link data collected across other computers or devices that you may use. You are free to adjust your mobile device privacy and advertising settings to limit certain tracking, decline cookies or other tracking technologies, or control whether you want to receive more relevant advertising. By doing so, however, you may not be able to use certain App features.

Our system may not respond to Do Not Track requests or headers from some or all web browsers. .

5. How We Use Your Information

We may use the information we collect from and about you through the App:
• To contact users of our App when necessary, such as responding to your inquiry;
• To provide you with the services you request on the App;
• To send information, promotional materials, and newsletters from Iovate, including through emails or push notifications on your mobile device;
• To improve the App and/or other Iovate websites and services, including usage, operations, and content;
• To help address problems with our App or to protect the security or integrity of the App or our business;
• To use your data in an aggregated non-specific format for analytical and demographic purposes; and
• As otherwise described to you at the point of data collection.

6. Disclosure of Information

We may share the information we collect from and about you in the following ways:
• With our service providers, if the disclosure will enable them to perform a business, professional, or technical support function for us;
• To protect our rights as necessary if we believe there has been a violation of our rights or the rights of any third party; and
• To comply with legal requirements or if it is necessary for a legal purpose, including responding to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.

Also, we may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through this App in a manner that is consistent with this Privacy Statement.

7. How We Protect Your Information

The security of your personal information is important to us. We have taken certain physical, administrative, and technical steps safeguards to safeguard the information we collect from and about you through the App. While we take steps to help ensure the integrity and security of our network and systems, no security measures can be guaranteed.

8. Your Choices

For California Residents: We do not share your personal information with unaffiliated third parties for their own direct marketing purposes.

Option To Opt-Out of Email Marketing: If you sign up for our newsletters through the App, you have the option of “opting out” of receiving future e-mail marketing messages from Iovate by clicking on the “unsubscribe” link at the bottom of an e-mail marketing message.

Updating Information in the App: You may update your personal information that is stored on the App at any time by logging onto the App.

9. Additional Information

Children’s Privacy: Our App is not directed to, nor do we knowingly collect any personal information from, anyone under 18. If you are a parent and become aware that your child has provided us with information, please contact us in the manner set out below.

Links to Other Apps or Sites: The App may contain links to other third-party websites, which may have Privacy Policies/Statements that differ from our own. We are not responsible for the activities and practices that take place on these websites. Accordingly, we recommend that you review the Privacy Policy/Statement posted on any website that you may access through the App.

Changes to this Privacy Statement: We may amend, modify, or otherwise update portions of this Privacy Statement at any time. Please check back from time to time so you are aware of any changes or updates to the Privacy Statement. If we change the Privacy Policy in a material way, we will provide appropriate notice to you.

Contact Us: If you have any questions about this Privacy Statement, or the practices described herein, you can contact us at community@hydroxycut.com.

Effective Date: December 10, 2016

Hydroxycut App Terms of Use

Iovate Health Sciences International Inc. (“Iovate”) works hard to ensure that you have a great place(s) to research diet and sport supplements and the lifestyles related to each. Iovate is proud of its online efforts and is committed to maintaining the highest standards possible. This Terms of Use document allows our valued customers to feel comfortable knowing that Iovate recognizes and supports the rights of responsible users.
The Hydroxycut mobile application (the “App”) is owned and operated by Iovate. This App is for your personal, non-commercial use only. The App is not intended to offer any medical advice or opinions, either implied or explicit, and should not be used as such or as a substitute for advice from a medical professional. While the App offers information about Pro Clinical Hydroxycut™ products, consumers should always read the label before taking the purchased product and should consult a doctor before starting any diet or exercise program. The material contained within the App is intended for residents of the United States of America only and shall only be construed and evaluated according to United States law.
This material is void outside the United States of America, and where prohibited by law or regulation. Do not proceed to view or use this App if you are not a legal resident of the United States of America.

1. Acceptance of Terms of Use

By viewing or using the App, you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of our Privacy Statement. If you do not agree to these Terms of Use and Privacy Statement, please do not visit or use our services or the App. These Terms of Use constitute the entire agreement between Iovate and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the App, the content, products, or services provided by or through the App, and the subject matter of these Terms of Use.

2. Terms Required by Apple Inc.

2.1 These Terms of Use are between you and Iovate only, and not with Apple. Iovate is solely responsible for the App.

2.2 Your use of the App must comply with the Usage Rules set forth in the Apple App Store Terms of Use. The license granted to you for the App is a non-transferable license to use the App on any iOS Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with you via Apple’s Family Sharing program or volume purchasing.

2.3 Iovate is solely responsible for providing and Apple has no obligation to provide maintenance and support for the App. Support requests, as well as questions or complaints regarding the App, may be directed to community@hydroxycut.com.

2.4 In the event of any failure of the App to comply with any warranty that may exist as a matter of law, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Iovate shall not be required to provide a refund to you under any circumstances.

2.5 Apple shall not be responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.

2.6 Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the App, or your possession and use of the App, infringes a third party’s intellectual property rights.

2.7 You represent and warrant that (i) the App will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.8 Iovate’s address is 381 North Service Road West, Oakville, ON, L6M 0H4, Canada.

2.9 Apple and its subsidiaries are third-party beneficiaries of these Terms of Use and have the right (and shall be deemed to have accepted the right) to enforce these Terms of Use against you.

3. Intellectual Property

The App and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Iovate and its affiliate(s) or licensor(s).

3.1 Copyrights

The copyright in all materials provided on the App is owned by Iovate or its affiliate(s).
Subject to the following exception, none of the material contained in the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Iovate. App visitors may view, copy, print and download the materials on the App for personal, non-commercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. Iovate may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any material contained on the App may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

3.2 Trademarks

The trademarks, service marks and logos (“Trademarks”) used and displayed on the App are either registered or unregistered Trademarks of Iovate or its affiliate(s) or used under license. Nothing on the App shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the App without the prior written consent of the Trademark owner. The name Pro Clinical Hydroxycut® or any of the Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the App without the prior written consent of Iovate. Iovate prohibits use of its name or any Pro Clinical Hydroxycut® logo and Trademarks as a “hot” link to any non-Iovate App, unless establishment of such link is approved in advance by Iovate in writing. Your use of the App does not provide you with ownership rights to any Intellectual Property viewed or accessed through the App nor does it waive any of Iovate’s rights in such information and materials. Iovate will aggressively enforce its intellectual property rights to the fullest extent of the law.

3.3 Limited Right to Use

(a) The viewing, printing or downloading of any content, graphic, form, or document from the App grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, decompile, distribute, transmit, display, perform, reproduce, publish, license, attempt to derive the source code of, disassemble, create derivative works from, transfer, or offer for sale the App (including updates) or any information contained on, or obtained from, the App.

(b) Illegal and/or unauthorized uses of the App, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the App other than for your personal use; and unauthorized framing or linking to the App will be investigated and appropriate legal action may be taken, including civil, criminal, and injunctive redress.

4. User Conduct

You must be 18 years of age or older to access or use our App. As a user of the App, you agree that in connection with your use of the App and the content you will not:

1. Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
2. Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or App;
3. Use the App for any unlawful purpose;
4. Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
5. Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
6. Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
7. Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Interfere with or disrupt the App, the services, the content or servers or networks connected to the App, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the App, the services, and/or the content, the terms of which are incorporated herein;
9. Intentionally or unintentionally violate any applicable local, state, national, or international law.

5. App Modification and Termination

Iovate may do any of the following at any time, with or without notice or cause, and without any liability to you: (a) changes, suspend, or terminate any features or functionality on the App; (b) impose limits on certain functionality on the App; (c) terminate your right to access or use the App under these Terms of Use (including, but not limited to, in response to theIovate’s determination that you (i) do not comply with these Terms of Use; (ii) provide false, inaccurate, or incomplete information during the registration process; (iii) engage in any conduct that would otherwise harm any of Iovate’s rights or interests in its App, services, or other property). Upon termination, you must cease use of the App, and destroy all materials obtained from such App and all copies thereof, whether made under the terms of these Terms of Use or otherwise.

6. User Submissions

Iovate or any of its affiliates is free to use, without limitation, any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to the App without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the App or other websites, mobile applications, or services. Furthermore, by posting any information on our App, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to display, use, reproduce or modify that information. Any information submitted on the App is subject to our Privacy Statement, the terms of which are incorporated herein.

7. Disclaimer of Warranty

THE MATERIALS CONTAINED ON THE APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE APP, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY IOVATE APP OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE APP; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE APP; OR ANY CONDUCT BY USERS OF THE APP, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY IOVATE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IOVATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE APP, EVEN IF IOVATE OR ANY IOVATE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Links

The App may provide links to other mobile applications, websites, or resources. Iovate has not reviewed these mobile applications, sites, or resources and is not responsible for the accuracy, content, privacy policies or availability of information found on mobile applications, sites, or resources that link to or from any Iovate App. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party mobile application, site, or resource that links to or from any Iovate App or third-party content on our App. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party mobile applications, sites, or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Iovate with respect to such mobile applications, sites, and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Iovate nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites or mobile applications that are linked to the App. No link to the App may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the App must be to the App available for download. Deep linking to internal pages of the App is expressly prohibited without prior written consent from Iovate.

10. Indemnity

You agree to defend, indemnify, and hold harmless Iovate, its officers, directors, employees, and agents, from and (i) against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the App or (ii) your breach of these Terms of Use or (iii) your infringement of any intellectual property or privacy right of any person. Iovate shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

11. Choice of Law

You agree that any issue or dispute arising out of or in connection with your use of our App, intellectual property, the Terms of Use, the Privacy Statement, or any matter concerning Iovate shall be governed by the laws of the United States and the State of New York. You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in the Southern District of New York. If any provision of the Terms of Use and Privacy Statement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use and Privacy Statement, which shall remain in full force and effect.
By using the App, you agree to comply with all applicable laws and regulations of the United States. The materials provided on the App are protected by law including, but not limited to, United States copyright and trademark law and international treaties. Iovate makes no representation that materials contained in the App are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the App from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

12. Changes to the Terms of Use

Iovate reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. You are bound by such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. You can review the most current version of the Terms of Use at any time by clicking on the “Terms of Use” link located within the App. By using the App, you signify your acceptance of this Terms of Use. Your use of the App after changes are made signifies your assent to be bound by the Terms of Use and Privacy Statement as they exist at that time.

13. Copyright and Trademark Notices

All contents of the Site are: ©2016. All rights reserved.