ACCEPTABLE USE POLICY

This policy applies to all users of WellSeek, Inc.’s (“WellSeek”) website, products, software, and services (collectively “Offerings”).  This policy establishes specific requirements for accessing and using all of WellSeek’s Offerings.

If an individual is found to be in violation of the Acceptable Use Policy, WellSeek may seek to suspend, deactivate, or terminate the account.  WellSeek may seek an adequate remedy for any violations, including bringing an action in an appropriate legal venue and/or reporting any actions to a suitable law enforcement entity.  Individuals are also subject to federal, state and local laws governing many interactions that occur on the Internet.  These policies and laws are subject to change as state and federal laws develop and change.

The following activities are, in general, prohibited.  The list below is by no means exhaustive, but an attempt to provide a framework for activities which fall into the category of unacceptable use.  Users must report any incidents of possible misuse or violation of this Acceptable Use Policy.

As a user of WellSeek’s Offerings, you must not:

  • Use or display WellSeek’s name, logo, trademark, or branding without WellSeek’s consent.
  • Disseminate or use any copyrighted material without permission.
  • Attempt to gain unauthorized access to WellSeek, its systems, or its technical providers’ systems, including any attempt to probe, scan or test the vulnerability of WellSeek’s systems or networks.
  • Interfere with service to any user, host or network, including attempts to overload a system and any activity resulting in the crash of a host.
  • Use any method to access, search, scrape, download, or change WellSeek’s Offerings.
  • Post or send unsolicited, unapproved, or unrelated material to users who have not expressly agreed to receive the material.
  • Forge any TCP/IP packet header or header information in any email or newsgroup posting, or in any way use WellSeek to send altered source-identifying information.
  • Attempt any action that invades the privacy of other individuals or users, including collecting or storing any WellSeek user’s personal information, without the user’s permission.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Create or display advertisements that closely resemble or could reasonably be mistaken as a WellSeek Offering.
  • Attempt to reverse engineer any of WellSeek’s Offerings.
  • Share your account(s), password(s), username(s) or similar information used for WellSeek’s Offerings.
  • Directly compensate users for promotional or marketing efforts.
  • Encourage or help anyone do any of the things on this list.

WellSeek, at its sole discretion, will determine what materials, files, information, software, communications, and other content and/or activity will be permitted or prohibited.  WellSeek may revise the Acceptable Use Policy at any time by amending this page.

 

INTELLECTUAL PROPERTY POLICY

Copyright

WellSeek, Inc. has adopted the general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”).

Submitting a Copyright Complaint

If you believe that material or content residing on or accessible through WellSeek’s websites or services infringes a copyright, please send a notice of copyright infringement to WellSeek’s designated agent (“Copyright Agent”).  The address of the Copyright Agent is listed below.

Content of the DMCA Notice

The DMCA should include the following information:

  • Identification of the copyrighted work or material claimed to be infringed.
  • Identification of the work or material that is claimed to be infringed.  The identification should include reasonably sufficient detail to permit WellSeek to find and verify its existence.  Identification should include the URL of the link where the claimed infringed material is located.
  • The address, telephone number, and if available, email address, of the notifier.
  • A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Action taken by WellSeek in response to a DMCA Notice

Upon receipt of the DMCA Notice, WellSeek will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

Submitting a Counter-Notice

If the content provider, member or user (collectively “content provider”) receives a notification that any particular content has been removed or to which access was disabled due to a DMCA Notice and the content provider believes that the material is either not infringing or the content provider has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider must send a counter-notice containing the following information to the Copyright Agent listed below:

  • Identification of the material that has been removed or to which access has been disabled.
  • The location at which the material appeared before it was removed or disabled, including the source address of the content.
  • A statement that the content provider has a good faith belief that the material was removed or disabled in error.
  • The address, telephone number, and if available, email address, of the content provider.
  • A statement that the content provider consents to the jurisdiction of Federal District Court for the judicial district in which the content provider’s address is located, or if the content provider’s address is located outside the United States, for any judicial district in which WellSeek is located, and that content provider will accept service of process from the person who provided the original notification or an agent of such person.
  • A physical or electronic signature of the content provider.

Action taken by WellSeek in response to a DMCA Notice

When WellSeek receives a valid counter-notice, WellSeek will forward a copy to the entity who filed the original complaint.  If WellSeek does not receive notice within ten (10) business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, WellSeek will remove the complaint from your account’s record, and WellSeek may replace the content that was removed.

Designated Copyright Agent Delivery Address

WellSeek Copyright Agent

WellSeek, Inc.

P.O. Box 722154

San Diego, CA 92172

Submitting a Trademark Complaint

If you are concerned that someone may be using your trademark in an infringing way on our site, you can notify WellSeek by providing the information below in an email to WellSeek at:

In order to investigate trademark policy violations, please provide the following information:

  • Full name or company name.
  • Trademarked work, symbol, etc.
  • Trademark registration number
  • Trademark Registration Office

If the trademark violation you are reporting is not a registered mark, please provide the following information:

  • Full name, address, phone number, and if available, email address.
  • Description of confusion.
  • Requested Action.

WellSeek may send a Trademark Complaint notification to the alleged infringer and provide any relevant information from your notice of alleged Trademark Complaint.

Contesting a Trademark Complaint

If you receive a Trademark Complaint notification from WellSeek, you may contest it by submitting a statement to WellSeek at: [email protected] letting WellSeek know why you think the complaint is invalid (please include any reference information included in the Trademark Complaint notification).

WellSeek will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the identified materials from the WellSeek site.

PRIVACY POLICY

 

This Privacy Policy describes the policies and procedures of WellSeek, Inc. (“WellSeek,” “we,” “our” or “us”) on the collection, use and disclosure of your information (“Collected Information”) on WellSeek’s website, products, and services (collectively, “Offerings”).

WellSeek receives information about you from various sources, including: (i) if you register for the Offerings, through your user account on the Offerings (your “Account”); (ii) your use of the Offerings generally; and (iii) from third party websites, services, content, or resources.  When you use the Offerings, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

This Privacy Policy also covers our treatment of any personally identifiable information (“Personal Information”) that our business partners share with us or that we share with our business partners.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Offerings or to individuals that we do not manage or employ.  While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

At WellSeek, we are committed to upholding a high standard when it comes to our privacy practices.  We use secure technologies and follow best practices.  WellSeek will not sell or disclose your personal information to third parties without your explicit consent, except as specified in our Privacy Policy.  WellSeek gathers information so we can personalize, improve and continue to provide the Offerings to you. WellSeek is designed to help you share information with others and some of the information generated through the Offerings may be shared publicly or with third parties.  We may share information about you as follows or otherwise described in this Privacy Policy: with vendors, consultants and other service providers who need access to such information to carry out work on our behalf; to assist Dietitians in providing you with information or answer questions you may have in connection with our Offerings; if we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of WellSeek or others; and with your consent or at your direction, including if we notify you through our Offerings that the information you provide will be shared in a particular manner and you provide such information.

Account Information

WellSeek’s Privacy Policy covers Personal Information obtained when creating your Account.  This may include your name, phone number, gender, payment information, address (both physical and electronic), username, and password.  We may gather information you provide when using or accessing the Offerings such as weight, height, and location data.  We may also collect “non-personally identifiable” information, meaning information that cannot be used to specifically identify you.  WellSeek uses both types of information, including combinations of thereof, as described herein.

Protected Health Information

If you are a client receiving nutritional advice or consultations through the Offerings from a Dietitian, you have other rights with respect to the access, use, and disclosure of your protected health information (“PHI”).  For a more complete description of your rights under the Health Insurance Portability and Accountability Act (“HIPAA”), please refer to your Dietitian’s Notice of Privacy Practices, which provides important information to you about how your PHI may be used and disclosed.

PHI is information about you that may be used to identify you such as your name, social security number, or address, and that relates to (a) your past, present, or future health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care.  In providing the Offerings, we will receive and create records containing your PHI, and may use it to assist in you in handling appointments, bill amounts due for health care services provided by a Dietitian under the Offerings, develop and conduct surveys with you to assist in providing you better Offerings, conduct our management and administrative activities, and otherwise stated in this Privacy Policy.

User Content

All content submitted by you to the Offerings may be retained by us indefinitely, even after you terminate your Account.  We may continue to disclose such content to third parties in a manner that does not reveal Personal Information or PHI, as described in this Privacy Policy.

Financial Information

Currently, WellSeek does not collect financial information, such as your payment method (valid credit card number, type, expiration date or other financial information).  Financial information is collected and stored by our third party payment processing company (“Payment Processor”).  The Payment Processor’s applicable terms of service and privacy policy governs the use and storage of financial information.

WellSeek may request and receive some of your financial information from our Payment Processor for the purposes of completing transactions through the Offerings, protecting against or identifying fraudulent transactions, and otherwise as needed to manage the Offerings.

Log Data

WellSeek systems automatically record information (“log data”), including information that your browser or mobile application sends whenever you access our Offerings.  This log data may include your Internet Protocol address (“IP address”), the address of the web pages you visited that had WellSeek features, browser type and settings, the date and time of your request, how you used WellSeek, and data from cookies.  This information is not made public.  However, at times we may share this information with our partners, service providers, and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy.   We require that these outside partners, service providers, and other persons agree to keep confidential all information we share with them and to use the information only to perform their obligations to WellSeek.  Except as otherwise provided, we do not share this information with non-affiliated third parties without your permission.

Cookies

WellSeek may interact with one or more small files (“cookies”) on your device each time you visit our website or access our Offerings.  Cookies are pieces of text that may be provided to your computer through your web browser when you access a website.  We use cookies so that your preferences and other settings may be saved between each of your visits to WellSeek.  This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties.  We do not control when or how third parties place cookies on your computer.

Device Information

In addition to log data and cookies, WellSeek may also collect information about the device through which you access our Offerings.  This information may include operating system, device settings, unique identifiers, and operational data.  Different types of information can be collected based on your specific device, which also depends on the policies of your device manufacturer or software provider.

Advertising

We do not provide Personal Information to any third parties for use outside of the Offerings.  We may serve advertisements and also allow third party advertisements through the Offerings.  These advertisements are sometimes targeted and served to particular users and may come from third party companies (“ad networks”), including third party ad servers, ad agencies, ad technology vendors and research firms.  The advertisements may target users who fit a certain general profile category based on anonymized information inferred from information provided to us by a user, including Personal Information, usage patterns of particular users, or your activity on Third Party Services.

Public Information

Some of your activity on and through the Offerings is public by default.  This may include, but is not limited to, content you have posted publicly through the Offerings.  Registered users may have some of this information associated with their Accounts.  Unregistered users will not have this association, but information concerning their use of the Services may be tracked anonymously through the use of cookies and stored by us.

Dietitians

When using the Offerings you may share your Personal Information and/or PHI with your designated Dietitian(s).  By using the Offerings, you expressly consent to sharing your Personal Information and/or PHI with your Dietitian, and you understand that all information shared with your Dietitian is subject to your Dietitian’s professional and legal duties of confidentiality and responsibility, which WellSeek does not control.  You expressly authorize the sharing of this information with other Dietitians on WellSeek who you elect to contact.

Agents

WellSeek may employ and contract with other people and entities that perform certain tasks on our behalf and who are under our control (“Agents”).  We may share Personal Information with our Agents to provide products and services to you.  Unless otherwise advised, our Agents, do not have any right to use Personal Information or other information we share with them outside of the scope of what is necessary to assist you.  You hereby consent to our sharing of Personal Information with our Agents.

Business Engagements

WellSeek may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Privacy Policy.  WellSeek may choose to buy or sell assets.  User information is typically one of the transferred business assets.  You acknowledge that such transfers may office, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this Privacy Policy.

Legal Purposes

WellSeek reserves the right to access, read, preserve, and disclose any information WellSeek reasonably believes is necessary to (i) comply with a law, regulation or legal request; (ii) to protect the safety, rights, or property of the public, any person, or WellSeek; (iii) to detect, prevent, or otherwise address fraud, security or technical issues; or (iv) to enforce this Privacy Policy and our Terms of Service.

Security

We seek to protect Account information to ensure that it is kept private.  WellSeek stores all of your information using industry-standard techniques.  However, WellSeek cannot guarantee the security of any Account information.  Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.  Your Account information will be protected by a password for your privacy and security.  You need to prevent unauthorized access to your Account and Personal Information and protect your password.

When we collect, maintain, access, use, or disclose your Personal Information and/or PHI, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws, including, without limitation, HIPAA.  We will limit access to your Personal Information and PHI to personnel who have a need to know it for purposes of delivering our Offerings.  All of our personnel must comply with our restrictions on access, use, and disclosure of PHI or fact disciplinary action.

California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: [email protected].

Account Termination

You may delete your Account by emailing [email protected].  When you terminate your account, WellSeek will deactivate it and remove your content from WellSeek.  WellSeek may retain archived copies of your information as required by law or for legitimate business purposes.

Privacy Policy Changes

WellSeek reserves the right, in its sole and exclusive discretion, to amend this Privacy Policy.  WellSeek will post a notice on WellSeek’s website or send you notice through the Offerings, via e-mail or by another appropriate means of electronic communication.  While WellSeek will timely provide notice of modifications, it is also your responsibility to check this Privacy Policy periodically for changes.  Your continued use of the Offerings following notification of any changes to this Privacy Policy constitutes acceptance of those changes.

 

CONTACT

You may contact WellSeek at the following email address: [email protected].

For information about opting out of Gourmet Ads and ad serving partners please visit http://www.gourmetads.com/about/privacy-policy