Policy on Security, Privacy and Website Terms of Use
This policy sets forth the type of information OrganicMD.com collects from you via this website (the “Website”) and the way such information is used. In addition there are procedures used to keep such information confidential. This policy also sets forth the terms and conditions of your use of the website and its content.
OrganicMD.com takes every reasonable precaution to protect a users’ personal information. When users submit sensitive information via the OrganicMD.com website, their information is protected both online and off-line
Your Consent
By using the OrganicMD website, you consent to the collection and use of certain information in the manner we describe. You agree to the terms of use as set forth herein. If you utilize our online shop and have a cart, you consent to periodic email notifications regarding the status of your check-out process. You may opt out of these any time after your initial notice.
Notification of Changes
The practices and policies contained in this Policy are subject to change at any time without prior notice. If a change in the policies, the changes will be presented on this Website. Any information collected prior to changes in the policy will be secured according to the Policy in place at the time that information was collected, despite future changes to this Policy. The practices and policies stated here replace all previous notices or statements with respect to the same topics.
Opt-out or Termination of User Accounts
OrganicMD.com will not contact such users that have opted out of all communication with the Website, or deleted/deactivated their account. Their personal information will never be used by us in any manner.
Contact Information
For any questions or suggestions regarding the Policy, users may contact OrganicMD through these means: [email protected].
Security
We are committed to preventing others from unauthorized access to the personal information you provide to us. We maintain commercially reasonable procedures and technology designed for this purpose. The Website has reasonable technical and organizational security measures in place to protect the loss, misuse or alteration of information under our control. However, we cannot guarantee that unauthorized third parties will never be able to defeat those security measures or use your personal information for improper purposes.
When our registration/order form asks users to enter sensitive information, such as a credit card number, that information is encrypted and protected with the best encryption software in the industry, 128-bit SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just ‘surfing’.
While we use 128-bit SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment.
The Information We Collect
We request information from you on secure order forms. Users must provide contact information (name, email, and shipping address) and financial information (like a credit card number, expiration date). This information is used for billing purposes and to fill orders. We may store this information securely on our server.
If we have trouble processing an order, we use provided information to contact the user. Information is shared only with other companies who work on behalf of OrganicMD.com to provide a product or service to you. These companies do not have the right to use the personal information we provide to them beyond what is necessary to assist us, unless we inform you otherwise. We may also use this information to inform you of additional goods and services about which you might be interested or to customize your experience and use of the Website.
We may ask you for personal-id information in association with a promotion or survey. Any email you may receive from us, or third parties authorized by you to send email, will contain additional opt-out options in the email with instructions on how to unsubscribe from receiving future emails.
We may automatically gather basic statistical information about our website and visitors, such as IP addresses, browsers, items viewed, number of visitors, items or services purchased, transactions completed, etc. To do this, we use tags and cookies provided by our site analytics and marketing associates. Although these partners log the information coming from our site on our behalf, we authorize how that data may and may not be used.
Children under 13
We do not collect knowingly or use personal information from children under 13 without containing verifiable consent from their parents. There is no way of distinguishing an age of individual who visits our website, and so we carry out the same Privacy Policy for individuals of all ages. If a child has provided us with personal information without parental or guardian consent, the parent or guardian should contact us to remove the information and opt out of promotional opportunities. For more information about the Children’s Online Privacy Protection Act (COPPA), visit http://www.coppa.org/.
Log Files
Like most website servers, we use log files. This includes internet protocol (IP) addresses, internet service provider (ISP), browser type, referring/exit pages, date/time stamp, platform type, and number of clicks to analyze a number of things. Administer the site, track user’s movement, trends, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
The Way We Use Information
Our goal is to provide items and services that best meet the needs of our visitors. We evaluate your personal interactions with us so as to bring you products that best suits your interests. In addition, we use your information to improve marketing and promotional efforts, to analyze site usage, to improve content and product offerings and to customize our site’s content, layout, and services.
At times we may use your information to deliver updates to you that, in some cases, is focused to your interests, such as targeted banners, new products, services etc. At times we may ask you to provide us voluntarily with additional information regarding your personal or business interests, experience or requests. We may use this to customize our products and services for you.
If you request a product or service, we use your personal information to ship your order; if the products or services are from a retail partner, we may provide the relevant information needed to that retailer for purposes of the transaction. If you establish a credit account with us, or our providers, we collect additional information, including billing information, credit card number and expiration date, and tracking information from checks or money orders.
We may also use or disclose information to resolve disputes or investigate problems. We may disclose or access information whenever we believe in good faith that the law so requires or if we otherwise consider it necessary to do so to maintain service and improve our products and services.
We may use your IP address to help diagnose problems with our servers, to manage our website and to enhance our site based on the usage pattern data we receive.
Newsletter/Blog
Anyone wishing to opt out of our newsletter/blog or regular may opt-out of receiving these communications by following the instructions on our unsubscribe page.
Email-A-Friend
If you elect to use the option of “Email This to a Friend” in regards to one of our articles, this will launch the default email program on the users computer. We do not know where you sent the article to and therefore do not collect and store that data.
Links
The Web site contains links to other sites. OrganicMD.com is not responsible for the policies and practices or the content of such other sites. By including links to other websites, we neither endorse nor guarantee that the information they contain is accurate. Please be aware when you leave our site to read the privacy statements of every linked website since these policies may differ from ours. This privacy statement applies solely to the OrganicMD.com website.
Third Party Advertising
We do not accept any paid advertisements on OrganicMD.com. Any services or products recommended and/or offered through our materials and website at OrganicMD.com have gone through extensive review before any recommendations are made. Based on that review we recommended and/or offer such an item.
Google, as a third party vendor, uses cookies to deliver ads on OrganicMD.com. Google’s use of the DART cookie enables it to serve ads to OrganicMD.com users based on their visit to OrganicMD.com and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
We may use third-party advertising companies to deliver ads when you visit our Website. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you.
Unsolicited Ideas
As always your feedback, questions and comments about our products, services and this Website are welcome. However, as a general policy, we do not accept unsolicited ideas for products or services through this Website. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to this Website by e-mail or otherwise are and shall remain the sole and exclusive property of OrganicMD.com and may be used by us for any purpose whatsoever, commercial or otherwise, without compensation to you.
Intellectual Property
OrganicMD.com and OrganicMD Media is exclusive owner and or licensee of the content, products and services (“Content”) offered on the OrganicMD website and media publications. OrganicMD and OrganicMD Media retains all proprietary rights in and to such Content, including all copyrighted material, trademarks, and other proprietary information of OrganicMD.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Copyright Infringement Policy for Claims under the DMCA
If you believe that any Content has been copied and posted on the OrganicMD website by OrganicMD or any third party in a manner that constitutes copyright or trademark infringement, please provide our staff with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. OrganicMD.com’s staff that manages any notice of claims of copyright infringement under the DMCA can be reached as follows:
OrganicMD.com customer service: [email protected]
Warranties and Warranty Disclaimer
OrganicMD will use reasonable commercial efforts to maintain the functionality and availability of services; however the services are provided to you “AS IS” without any warranty of any kind. TO THE FULLEST EXTENT ALLOWED BY LAW, ORGANICMD.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE WEBSITE, ITS CONTENT, PRODUCTS AND SERVICES INCLUDING WITHOUT LIMITATION TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
A user agrees that your use of the Website is done at your own risk. OrganicMD does not warrant your use of the Website will be uninterrupted or error free. OrganicMD.com is not responsible for any incorrect or inaccurate Content posted on the website, whether caused by OrganicMD, Members, non-members, representatives, agents, partners or licensors.
OrganicMD.com assumes no responsibility for any error, omission, defect, deletion, interruption, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. OrganicMD.com is not responsible for problems or technical malfunction of any telephone network or lines, computer online systems or access, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the services.
OrganicMD makes no warranties and shall have no liability for any claim of copyright, trademark or patent infringement based on your use of or combination of any third party product or software with the services, or any part thereof, (unless authorized in writing by OrganicMD) if such infringement would have been avoided by the use of the services without the use of other software, hardware or products.
Limitation of Liability and Liability Disclaimer
ORGANICMD, ORGANICMD.COM AND ITS AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OR LOSS ARISING FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION TO INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGE, WHETHER BASED ON TORT, BODILY INJURY, DEATH, LOST REVENUE OR OTHERWISE, REGARDLESS OF WHETHER ORGANICMD AND ORGANICMD.COM WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES IN ADVANCE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY OF ANY KIND. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ORGANICMD AND ORGANICMD.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ORGANICMD AND ORGANICMD.COM FOR THE SERVICES. ON BEHALF OF ITSELF, ITS PARTNERS, LICENSORS AND SUPPLIERS, ORGANICMD AND ORGANICMD.COM DISCLAIMS ANY AND ALL LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BODILY INJURY OR DEATH) ARISING FROM OR RELATED THIS AGREEMENT OR YOUR USE OF ANY SERVICES.
Indemnification
You hereby agree to indemnify and hold harmless OrganicMD.com, its subsidiaries, officers, affiliates, agents, partners, licensors and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website, Content and services in violation of this Agreement and/or arising from a breach of this Agreement.
Miscellaneous
Any dispute about or involving OrganicMD.com and/or your use of this Website shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California. If any provision of this Agreement is determined by a court of competent jurisdiction to be or becomes unenforceable or illegal, such provision shall be adjusted to the minimum extent necessary to cure such unenforceability or illegality and the remainder of this Agreement shall remain in effect in accordance with its terms as modified by such adjustment.
