WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU?
We collect personal information you manually provide us, including, but not limited to:
- Your first and last name
- Mailing address
- Email address
- Telephone number
When you use or browse our Website, we collect information that is automatically sent to us by your web browser or mobile device. This information typically includes your user IP address, browser type, domain name, and other statistical data involving the use of our Website. The information we receive may depend on your browser or device settings.
This information is used to help us understand who uses our Website and to improve and market our Website and Products in general.
We may also supplement the personal information we collect with information from other sources to assist us in evaluating and improving our Website and Products, to determine your preferences so that we can tailor our Website and Products to your needs, and to study nutritional, behavioral, and fitness questions in general.
We collect personal information (from you in different manners and at different places and times on our Website, such as when you register to visit a certain page on our Website or order Products. The following is a description of the areas and/or manners in which we primarily collect information about you.
Becoming a Registered User. In order to use our Website for purchasing our Products, you must first complete certain steps to become a registered user. During these steps, you may be required to provide us with personal information. This information is used to help us understand who uses our Website, to improve our Website, to monitor and improve our online ordering process, and to contact users with regards to their use of our Website and the purchase of our Products. We encourage you to provide demographic information so that we can provide a more personalized experience on our Website.
Log Files. We also collect personal information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other statistical data involving the use of our Website. This information may be used to analyze trends, to administer the Website, to monitor our Website's use, and to gather general demographic information. We may link this information to personal information for these and other purposes such as personalizing your experience on our Website.
DO WE COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?
We are committed to protecting the privacy of children. Our Website and Products are not designed for or directed to children under the age of 13. We do not collect personal information from any person we actually know is under the age of 13. We urge all parents or guardians to participate in their children's exploration of the Internet and to teach their children about protecting their personal information while online.
In general, we use the information collected to help us understand who uses our Website, how our Website is used, who orders our Products, the volume of Product orders, how to improve our Products, and how to personalize your experience. If you become a registered user of our Website, we may use your information to send you a welcoming email that may confirm your username. If you "opt-in" (for example, if you check a box, or if the box is pre-checked, you do not opt out by unchecking the box) we may send you electronic newsletters, contact you about our Products, provide you with news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with an option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your personal information to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to contact you about important service announcements and updates regarding our Website or Products. If you are a registered user, we may use the information to contact you about your account. You will not be able to opt-out of these service announcements and updates as they contain important information relevant to your use of our Website or with non-promotional information about our Products. If you do not wish to receive these service announcements, you may cancel your account with us. We may also use the information gathered on our Website and Products ordered by you to perform statistical analysis of user behavior; to analyze and evaluate issues relating to nutrition, behavior and fitness; or to evaluate and improve our Products. We may link some of this information to personal information for internal purposes only.
WHEN DO WE DISCLOSE PERSONAL INFORMATION TO THIRD PARTIES?
Third Parties Generally. We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Website. For example, we might inform third parties regarding the number of unique users who visit our Website, the demographic breakdown of the registered users of our Website, or the activities that visitors to our Website engage in while on our Website. The third parties to which we may provide this information may include our webmaster, potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers, and other similar parties.
IS THE PERSONAL INFORMATION WE COLLECT SECURE?
WHAT CHOICES DO YOU HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONAL INFORMATION?
Email preferences. You cannot opt out of transactional emails related to your membership/registration with our Website. However, you can opt out of promotional emails we send you. If you wish to stop receiving promotional emails, simply select “unsubscribe” located at the bottom of each communication.
Cookies. Most web browsers automatically accept cookies, but you can change your browser’s settings to disable all or certain cookies if you wish. Please note that by disabling or deleting cookies, you may not be able to access the full functionality of our Site. Disabling or clearing cookies also may affect cookie-based opt-outs by either preventing you from using such cookie-based opt-outs or clearing opt-outs that you previously set.
Do Not Track. Because there currently is not an industry or legal standard for recognizing or honoring Do Not Track (“DNT”) signals, we do not respond to them at this time.
LOCATION OF OUR WEBSITE
Our Website is hosted and operated in the United States. However, we and our service providers may store information about individuals in the United States, or we may transfer it to, and store it within, other countries.
Visitors from jurisdictions outside the United States visit us at their own choice and risk.
If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States or elsewhere. Please note that the level of legal protection provided in the United States from which you may access our Website may not be as stringent as that under privacy standards or the privacy laws of other countries, possibly including your home jurisdiction.
YOUR CALIFORNIA PRIVACY RIGHTS
Pursuant to applicable California law, including the CCPA, we make the following disclosures regarding the personal information we collect:
Category of Personal Information
Category of Source from Which Data is Collected
Purpose of Collection
Category of Third Parties to Whom Data is Disclosed
Mailing address, email address, telephone number, birth date, profession, meal preferences, taste preferences, dietary lifestyle
Directly from user
To help understand who uses our Website, to improve our Website, to monitor and improve our online ordering process, to contact users with regards to their use of our Website and the purchase of our Products.
IP address, browser type, domain name, the activities of users’ computers on our Website, users’ activities in connection with our advertisements and other marketing and promotional efforts, and other statistical data
To analyze trends, to administer the Website, to monitor our Website's use, to gather general demographic information, to conduct marketing and promotional efforts, tailor certain advertisements to users’ browsers that we think may be of interest to users, to determine the popularity of certain Products or content. to personalize users’ experience on our Website; to assist users in ordering our Products; to allow us to statistically monitor how users are using our Website for purposes of improving our online offerings.
We have not sold consumers’ personal information in the twelve (12) months preceding the Effective Date of this Policy.
If you are a California resident, pursuant to the CCPA, you have the right to request:
- the categories of personal information we have collected about you;
- the categories of sources from which your personal information is collected;
- the business or commercial purpose of collecting or selling your personal information;
- the categories of third parties with whom we share your personal information;
- the specific pieces of personal information we have collected about you;
- the categories of personal information that we have sold about you and the categories of third parties to whom the personal information was sold, if applicable;
- deletion of your personal information; and
- an opt out of having your personal information disclosed or sold to third parties.
To submit a request, or designate an authorized agent to make a request under the CCPA on your behalf, please contact us at info@SmootherNutrition.com. To verify your identity when you submit a request, we will match the identifying information you provide us to the personal information we have about you, and we will verify your identity through our existing authentication practices for your account.
However, we will not be required to comply with your request to delete your personal information if it is necessary for us to maintain your personal information in order to:
- complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- debug to identify and repair errors that impair existing intended functionality;
- exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
- engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent;
- to enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- comply with a legal obligation; or
- otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
We will not discriminate against you in the event you exercise any of the aforementioned rights under the CCPA, including, but not limited to, by:
- denying goods or services to you;
- charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- providing a different level or quality of goods or services to you; or
- suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
In addition, we do not and will not sell the personal information of any California resident consumer under 16 years of age, unless the consumer, in the case of consumers between 13 and 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sale of the consumer’s personal information.
WHOM DO YOU CONTACT IF YOU HAVE ANY PRIVACY QUESTIONS?
WEBSITE TERMS AND CONDITIONS OF USE AND SALE
By using our Website, you agree to these Terms and Conditions of Use (“Terms & Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account.
Scope of Terms & Conditions
The following are the Terms and Conditions of Use and Sale (“Terms & Conditions”) of SmootherNutrition.
Terms & Conditions - In General
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to do any one or more of the following with or without prior notice to you: (a) Deactivate your password; (b) Terminate your user account; (c) Delete any and all information in your user account; and (d) Restrict or block your access to the Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website. From time to time, we may supplement these Terms & Conditions with additional terms and conditions ("Additional Terms"). You understand and agree that Additional Terms are automatically incorporated by reference into these Terms & Conditions.
Use of the Website is only available to users who are 18 years of age or older and reside in the United States, or its possessions AND territories. SmootherNutrition makes NO claims that the Website OR ANY of its content is accessible from outside the United States. Should you access our Website outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.
Restrictions on Use of Materials
You acknowledge that this Website contains, or may contain in the future, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). SmootherNutrition is a trademark owned by SmootherNutrition. SmootherNutrition reserves all rights in this trademark and any other trademarks or intellectual property owned by SmootherNutrition. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in the Content. You may download the Content for personal use only. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Becoming a Registered User
There is no cost to becoming a registered user of our Website. You do not have to become a registered user to use this Website. However, you must be a registered user to order our food products (“Products”). From time to time, areas of the Website may be restricted for use by registered users only. You must register in accordance with instructions that you will find on this Website. If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account or create a false or misleading identity on this Website. You may create an account on behalf of a family member or significant other who otherwise would not be able to register an account and manage it themselves.
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
Password and User Security
If you are a registered user of this Website, you are responsible for (a) maintaining the confidentiality of your password; (b) maintaining the confidentiality of your user account information; and (c) any and all activities which occur under your user account.
You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password.
This Website does not provide weight loss management or advice. SmootherNutrition is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis.
You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen.
The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers. We do our best to reflect that information on our website to assist in searching and sorting for the right meals for your needs. Whatever is on the meal container label is the most accurate.
We make every attempt to avoid errors in pricing and product information. If a mistake occurs, we reserve the right to correct it, and we apologize for any inconvenience it may cause. All prices listed on the Website are in U.S. dollars.
Free shipping discounts with or without promotion codes are available to some customers in certain states. Some customers may be excluded based on carrier availability. You can always see whether you are eligible to receive free shipping by creating a new SmootherNutrition subscription at your desired address.
Food Substitution Policy
Although SmootherNutrition takes every reasonable measure to obtain sufficient inventory to fill your order, availability of product(s) may change without notice. SmootherNutrition is not responsible for unavailability of product due to popular demand or discontinuation.
SmootherNutrition reserves the right to substitute an unavailable product with a similar product. When making substitutions, SmootherNutrition will attempt to meet the requirements of your particular SmootherNutrition meal plan. Substituted food items may contain different ingredients and allergens than those in items originally ordered. If you have any food allergies or if you are otherwise concerned about any particular ingredients, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content prior to consumption of any of SmootherNutrition’s food products.
Cross Contamination Risk
Please Note: SmootherNutrition’s food items may contain or may have been manufactured in a facility that also processes dairy, eggs, fish, shellfish, soy or tree nuts.
We have made every effort to accurately display the Products featured on the Website. However, the colors we use and the capabilities of your computer monitor may affect the colors visible on your screen. As such, we cannot guarantee that your monitor’s display will be accurate.
Credit Card Security
PLEASE NOTE THAT NORMAL E-MAIL (SUCH AS USING “CONTACT US” OR YOUR HOME E-MAIL) IS NOT ENCRYPTED AND THUS IS NOT A SECURE MEANS FOR TRANSMITTING CREDIT CARD INFORMATION OR ANY PERSONAL INFORMATION YOU WISH TO KEEP PRIVATE AND SECURE.
SmootherNutrition currently accepts Visa, MasterCard, and American Express for all orders. Payment for Products ordered will be processed at the time of placing such order. You agree to pay promptly all charges to your account (which includes items purchased and applicable taxes) for any order placed by you or anyone who you allow to use your customer identification number or password, including members of your family, friends or any other person. For your order to be accepted, your method of payment shall be validated and must have enough available funds required for the transaction. Upon approval, the order will be accepted for shipping and delivery. SmootherNutrition reserves the right to establish a spending limit for your account. Your right to order Products is also subject to limits established by your payment card issuer.
If you are dissatisfied with a meal, meal ingredient or a meal's appearance on arrival, please contact us at info@SmootherNutrition.com and our customer service agents will research the incident, and at their discretion, may offer credit in the form of reward points or coupons to the customer account. We may require photographic documentation of any meal with which you are dissatisfied before we issue a credit. Meals that did not meet your taste expectations are covered by a money-back guarantee of up to 100%.
Guarantee applies to your first order only. Refund requests in accordance with this guarantee must be made by phone or email within 7 days of delivery. Meals that arrive unfit can be credited to the account for use in a future order. We value photos of any improper food arrival to continue improving our packaging. A customer service agent may request photographs be sent to accompany the reported complaint. We encourage all customers to remove meals immediately from their box and place in the refrigerator, inspecting containers as they are transferred. Meals delayed by our third-party courier must be communicated with our team in urgency so we may try to resolve this issue. Credit on orders that did not arrive due to courier or SmootherNutrition fault will be given in the form of reward points or coupons to the customer account. SmootherNutrition is not liable for packages undelivered due to incorrect addresses submitted by the customer. Orders may be modified at any time until the weekly cutoff of Wednesday at 11:59 pm ET via our website or by contacting us at info@SmootherNutrition.com. We are unable to modify or cancel orders once the cutoff has passed as ingredients have been ordered.
We use reliable third-party delivery companies to deliver your meals, that will generally deliver your meals prior to 9 pm ET on your delivery date. Each box is carefully packaged to stay fresh until at least 10 pm ET on the day of delivery. However, to maintain the highest quality and integrity of the meals after delivery, we recommend that you immediately refrigerate the items when you receive them. Furthermore, you should inspect your package to ensure the contents arrive in a cool, refrigerated condition. The best way to do this is to check the meat and fish with a thermometer to ensure their internal temperatures are 41F or below. If a fresh food product arrives at above 41F, you should contact our customer service and discard the item.
If you are not home when a delivery arrives, our delivery person will leave the package for you at your door. We may ask you to provide a cooler or container to protect your order at your door.
In the case of inclement weather, we will deliver your order as soon as reasonably possible when the conditions permit. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date for the delivery.
SmootherNutrition Intellectual Property
The entire contents of the Website are copyrighted as a collective work under the laws of the United States and other copyright laws. SmootherNutrition holds the copyright in the collective work. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SmootherNutrition or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Website for your personal, non-commercial use only. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Website solely for your own non-commercial use or any other expressly permitted use (e.g., in the case of electronic coupons, etc.). You may not otherwise reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You may not (i) modify copies of any materials from the Website; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You may not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by SmootherNutrition. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us at info@SmootherNutrition.com. If SmootherNutrition’s customer service department is unable to resolve your complaint to your satisfaction (or if SmootherNutrition has not been able to resolve a dispute between us after attempting to do so informally), we each agree to resolve any disputes through binding arbitration or in a small claims court of competent jurisdiction instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court of competent jurisdiction or by individual arbitration in accordance with the rules of the American Arbitration Association ("AAA"). Unless you and SmootherNutrition agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR SmootherNutrition SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Telephone Calls and SMS Text Messages
Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number enables SmootherNutrition to reach you with informational calls related to your transactions, including shipping updates. All calls to and from SmootherNutrition may be monitored or recorded for quality and training purposes.