Privacy Policy
At My Healthy Penguin, we will not share your information without your permission. Our Privacy Policy will explain what information we collect when you visit our site, how we use that information, and what choices you have about how that information is used. We urge you to read our entire Privacy Policy so that you will understand our commitment to you and your privacy.
PERSONAL/CONTACT INFORMATION
When you place an order on our Site, we collect your name, email address, mailing address and credit card number. The personally identifiable information we collect when you place an order or register for membership on our Site may be used for any of the following purposes: (1) to fulfill your requests for products and services; (2) to notify you of order, delivery, and shipment statuses; (3) to provide you with offers from My Healthy Penguin; (4) to contact you when necessary; (5) to review Site usage and operations; (6) to address problems with the Site, our business or our products and services; and (7) to protect security or integrity of the Site and our business.
Your personal information may be shared with reputable third-party associates of My Healthy Penguin that work with us to provide products and services to our customers. This helps us with marketing campaigns in order to market products and services to you directly, unless you have asked us not to. We may also disclose your information to third parties if the law requires it or to protect the rights or property of My Healthy Penguin.
If you do not want us to share your contact information with other companies or organizations, or do not want to receive additional promotions from us, please let us know by emailing us at hello@myhealthypenguin.com.
If you opt-out of promotional or newsletter emails from My Healthy Penguin, we may continue to send you certain transactional communications, such as service announcements and administrative messages relating to My Healthy Penguin that are necessary for our relationship with you.
HEALTH AND AGE INFORMATION
When you register for membership on our Site, we also collect your basic health profile information when you actively give us such information. The health and age information we collect allows My Healthy Penguin to evaluate your self-reported health status to determine basic program eligibility. You will be notified at registration if your profile excludes you from participation in the plan. My Healthy Penguin will not disclose your health and age information (including self-reported height and weight) to third parties.
CREDIT CARD AND PAYMENT INFORMATION
My Healthy Penguin does not share payment information with third parties.
INFORMATION PROVIDED IN OPTIONAL SURVEYS
My Healthy Penguin periodically asks members to participate in online surveys to fill out online questionnaires concerning topics such as the effectiveness of the weight loss program, advertising effectiveness and customer satisfaction. All surveys and questionnaires are optional and the information collected will not be associated with any user’s personal information. Information gathered may be shared with third parties in order to improve customer satisfaction and program effectiveness. No personal information of any user will be connected to survey or questionnaire results.
OTHER INFORMATION YOU MAY VOLUNTARILY PROVIDE
From time to time, My Healthy Penguin collects third-party email addresses or other contact information from our users and customers so that My Healthy Penguin may send information to their friends and family on an as-requested basis. For example, My Healthy Penguin collects email addresses when a customer provides us with that information so that we may send out Referral Coupons. We also require the same information when customers utilize certain functions such as “email this to a friend” features.
Information Provided Automatically
COOKIES
When you use our Sites, we gather web traffic information via “cookies”. Cookies are small pieces of digital information stored by your browser on your computer that tracks initial and returning visits, browsing patterns on our site, and products ordered and viewed. Our cookies do not contain personally identifying information, but they enable us to identify you as a repeat visitor and help us personalize your myhealthypenguin.com experience. You need to have cookies enabled on your computer in order to use our site.
FLASH COOKIES
Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. Flash cookies are not managed by the same browser settings that are used for browser cookies.
WEB BEACONS, PIXEL TAGS, AND 3RD PARTY COOKIES
My Healthy Penguin, or third parties engaged by us, may use web beacons on some pages of this site. A web beacon (also known as a pixel tag or clear GIF) is a graphic image which is used to better understand the browsing patterns of visitors to the page.
When the HTML code for the web beacon points to a site to retrieve the pixel image, information can be passed along, such as the IP address of the computer that requested the image, the time the web beacon was viewed and for how long, the type of browser that was used, and previously set cookie values. Web beacons DO NOT pass or read personally identifiable information about you.
Web beacons work in conjunction with cookies set by trusted third parties that are used to assess the effectiveness of particular promotional campaigns or to optimize advertising once a user leaves a website. View your browser’s help section to determine how to configure your browser to reject or manage first party (i.e., My Healthy Penguin) and/or third-party cookies.
My Healthy Penguin shares aggregated information collected through web beacons to vendors for which the beacon was set to determine the success of marketing campaigns, but does not disclose personally identifying information to these vendors.
HOW DOES MY HEALTHY PENGUIN PROTECT CUSTOMER INFORMATION?
Protecting your information from unauthorized disclosure is extremely important to us. We use the industry standard technology to protect the security of your information. We have taken certain physical, electronic, contractual and managerial steps designed to safeguard the information we collect from you. Unfortunately, no data transaction over the internet can be guaranteed to be 100% secure. The Site operator is not subject to the privacy and data security requirements of the Gramm-Leach-Bliley Act (“GLBA”) or Health Insurance Portability and Accountability Act (“HIPAA”).
WILL MY HEALTHY PENGUIN DISCLOSE THE INFORMATION IT COLLECTS TO OUTSIDE PARTIES?
My Healthy Penguin shares information with third-party intermediaries for shipping and billing purposes and with other third-party intermediaries that provide a service for My Healthy Penguin to help us operate our business, our Site, or administer activities on our behalf. These companies do not retain personal information or share it with any other parties. These companies may include Cybersource, United Parcel Service, Federal Express, Visa, Mastercard, Discover, American Express and others.
My Healthy Penguin may also provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors.
In addition, from time to time, we may make customer e-mail addresses and postal addresses available to other reputable business associates whose products or services might be of value to you. If you do not want us to share your information with other companies or organizations, please let us know by emailing us at hello@myhealthypenguin.com.
If you opt-out of promotional or newsletter emails from My Healthy Penguin, we may continue to send you certain communications, such as service announcements and administrative messages, relating to My Healthy Penguin that are necessary to our relationship with you.
My Healthy Penguin may also disclose your personal information to third parties in certain limited circumstances, as follows (1) as necessary if we believe that there has been a violation of our Terms and Conditions, of the law, of our rights or of any third party; (2) to respond 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; and (3) if you have given permission for us to share your account information with other members of your household.
My Healthy Penguin may also sell, transfer, or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets, or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.
MOBILE DEVICES/THIRD-PARTY FEES
From time to time, we may make mobile device application and mobile marketing campaigns available to you and may allow you to register for services that involve messages and/or e-mails being sent to your mobile device. You are responsible for obtaining access to the mobile device services. Such access may involve third-party fees, including mobile carrier, text messaging, or airtime charges.
You are solely responsible for those fees, including any and all fees associated with the use of the applications, delivery of the messages, e-mails or other materials to your mobile device. Please consult your mobile service provider’s pricing plan prior to purchasing or downloading any application or registration for any such service to determine the charges for sending and receiving text messages from/to your mobile device. You will be given the opportunity to opt-out of receiving text messages or emails to your mobile device at the time you register for the campaign and with each message or email you receive.
Mobile marketing campaigns may involve your sending an e-mail from your mobile device to us or a third-party campaign operator. An e-mail or other response will then be sent to your mobile device. Opting to participate in a campaign is 100% your choice. When you engage in these mobile marketing campaigns, we and the third-party campaign operator may collect your cell phone number, the name of your wireless service provider, images that you send using your cell phone as part of the campaign, and other relevant information.
OUR BULLETIN BOARDS, SOCIAL MEDIA PAGES, CHAT ROOMS & USER BLOGS
Our program provides support through bulletin boards, chat rooms (support groups), social media pages and blogs. This format gives our members the opportunity to interact with each other. These areas are moderated to help keep inappropriate messages from being posted. You are offered the opportunity to include your e-mail address with your message, but you are not obligated to do so.
Please keep in mind that whenever you voluntarily disclose personal information online (whether it is on message boards, through e-mail, in meeting rooms, on social media pages or in blogs) your information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. We cannot control the actions of any third parties. We reserve the irrevocable, perpetual and worldwide right to copy and post both within the My Healthy Penguin website, and those of its parent, affiliates, subsidiaries, assigns, agents and licensees and any social media outlets and advertising medium through which we are engaged any comments, pictures or other information you post on the bulletin boards, social media pages, chat rooms, blogs, or elsewhere on the My Healthy Penguin community website, without any further notice to you or any remuneration therefore.
Your Rights and Your Consent
A SPECIAL NOTE TO PARENTS OR LEGAL GUARDIANS
My Healthy Penguin only allows the participation of persons 14 years and older to be on a mealprep program. For legal guardians or parents of children ages 14 – 17 years old, please emailhello@myhealthypenguin.com. For parents interested in helping children younger than 14 lose weight, please consult a physician. This website is not subject to Children’s Online Privacy Protection Act (“COPPA”).
NOTICE TO CALIFORNIA CUSTOMERS – YOUR CALIFORNIA PRIVACY RIGHTS
California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact us at hello@myhealthypenguin.com.
YOUR CONSENT AND NOTIFICATION OF CHANGE
By using our Site, telephone consultation, or mailing in requests for information you consent to the collection and use of your information by My Healthy Penguin. If at some point in the future, there is a material change to our information usage practices that affect your personally identifiable information, we will notify you by e-mail. At the time of this message, you will be able to opt-out of the new information usage by sending a message to the following e-mail: hello@myhealthypenguin.com.
NEWSLETTER
If a user wishes to subscribe to our newsletter, we ask only for an individual’s e-mail address. Out of respect for our users’ privacy, we provide a way to opt-out of these communications. Click here to unsubscribe to the My Healthy Penguin newsletter.
CORRECTIONS/UPDATES
To make changes to any of your personal information, including name, username, password, shipping address, and telephone number, click on the My Account section of the My Healthy Penguin web site or email My Healthy Penguin athello@myhealthypenguin.com. Household members may not make changes to your account information, or cancel or renew your account without your permission. If you have not already indicated your permission for household members to access your account at the time you placed your first order, please email hello@myhealthypenguin.com.
THIRD-PARTY WEBSITES
Our Site may contain links to third-party websites, which may have privacy policies that differ from our own. We are not responsible for the activities and practices that take place on these sites. Accordingly, we recommend that you review the privacy policy posted on any site that you may access through our Site.
TELL US WHAT YOU THINK
My Healthy Penguin welcomes your questions and comments about privacy and/or this policy. Please contact us at hello@myhealthypenguin.com.
Please also read the Terms and Conditions page on the site to understand additional terms and conditions which apply to the use of our Site