Last updated April 06, 2010.
1. Collection of Information.
1.1 Survey Information.
BMI Elite collects information from individuals by various methods, including, but not limited to, when an individual voluntarily completes an BMI Elite survey, order form, or a registration page either online or offline, or by means of online or offline surveys, order forms, or registration pages operated by third parties (collectively, a "Survey"). (As used herein, "online" means using the Internet, including the Website, and related technologies, and "offline" means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, BMI Elite or a third party (a "Third Party") may ask an individual to provide various information to BMI Elite, which may include his or her name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time (together, "Survey Information"). BMI Elite may also collect information concerning an individual from another source and use that information in combination with information provided from this Web Site. Completing the Surveys is completely voluntary, and individuals are under no obligation to provide Survey Information to BMI Elite or Third Party, but an individual may receive incentives from BMI Elite or a Third Party in exchange for providing Survey Information to BMI Elite.
1.2 Third Party List Information.
BMI Elite collects information from individuals when an individual provides information to a Third Party and BMI Elite subsequently purchases, licenses, or otherwise acquires the information from the Third Party (the "Seller"). Such purchased information may include, but is not limited to, an individual’s name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the Seller (together, "Third Party List Information"). When acquiring Third Party List Information, BMI Elite seeks assurances from the Seller that the Seller has a right to transfer the Third Party List Information to BMI Elite and that the Seller has a right to provide offers from advertisers to the individuals whose personal information is included on the Seller’s list.
1.3 Other Information.
Other occasions when BMI Elite obtains information from individuals include (1) when an individual is making a claim for a prize or seeking to redeem an incentive offered by BMI Elite or by a Third Party, (2) when an individual requests assistance through BMI Elite’s customer service department, and (3) when an individual voluntarily subscribes to a BMI Elite service or newsletter (together, "Other Information").
1.4 Cookies, Web Beacons, and Other Info Collected Using Technology.
BMI Elite currently uses cookie and web beacon technology to associate certain Internet-related information about an individual with information about the individual in our database. Additionally, BMI Elite may use other new and evolving sources of information in the future (together, "Technology Information").
(a) Cookies.A cookie is a small amount of data stored on the hard drive of the individual’s computer that allows BMI Elite to identify the individual with his or her corresponding data that resides in BMI Elite’s database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Website need to accept cookies in order to use all of the features and functionality of the Website.
(b) Web Beacons.A web beacon is programming code that can be used to display an image on a web page (by using an <img src="x"> programming function — see http://truste.org for more information), but can also be used to transfer an individual’s unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows BMI Elite to track certain web sites an individual visits online. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes. For example, BMI Elite might place, with the consent of a Third Party website, a web beacon on the Third Party’s website where baseball products are sold. When Joe, an individual listed in BMI Elite’s database, visits the fishing website, BMI Elite receives notice by means of the web beacon that Joe visited the baseball site, and BMI Elite would then update Joe’s profile with the information that Joe is interested in baseball. BMI Elite may thereafter present offers of baseball related products and services to Joe. In addition to using web beacons on web pages, BMI Elite also uses web beacons in email messages sent to individuals listed in BMI Elite’s database.
(c) New Technology.The use of technology on the Internet, including cookies and web beacons, is rapidly evolving, as is BMI Elite’s use of new and evolving technology. As a result, BMI Elite strongly encourages individuals to revisit this policy for any updates regarding its use of technology.
1.5 Outside Information.
BMI Elite may receive information about individuals from Third Parties or from other sources of information outside of BMI Elite including information located in public databases ("Outside Information").
1.6 Individual Information.
As used herein, Individual Information means Survey Information, Third Party List Information, Other Information, Technology Information, and Outside Information, and any other information BMI Elite gathers or receives about individuals such as usage data, file transfer and viewing data.
1.7 No Information Collected from Children.
BMI Elite will never knowingly collect any personal information about children under the age of 13. If BMI Elite obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because it does not collect such information, BMI Elite has no such information to use or to disclose to Third Parties. BMI Elite has designed this policy in order to comply with the Children’s Online Privacy Protection Act ("COPPA").
1.8 Credit Card Information.
BMI Elite may in certain cases collect credit card numbers and related information, such as the expiration date of the card ("Credit Card Information") when an individual places an order from BMI Elite. When the Credit Card Information is submitted to BMI Elite, such information is encrypted and is protected with SSL encryption software. BMI Elite will use the Credit Card Information for purposes of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to Third Parties only as necessary to complete the purchase transaction.
Log File Data: When users log-in to access their account, our servers will automatically record and archive certain information that web-browsers send whenever visiting a Website. These server logs may include information vital to validating the user’s authorization to access the account. Information, such as a Web request, Internet Protocol (the "IP") address, browser type, browser language, referring pages, exit pages and visited URLs, platform type, click counts, pages viewed and in what order, time spent, the date and time of the request, and other important data is necessary to validate and authorize a user’s entry and activity on the Website.
2. Use of Individual Information.
2.1 Discretion to Use Information.
THE COMPANY MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE IN COMPANY’S SOLE DISCRETION.
The following paragraphs in Section 2 describe how BMI Elite currently uses Individual Information, but BMI Elite may change or broaden its use at any time. As noted, BMI Elite may update this policy from time to time. BMI Elite may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, among other possible uses.
BMI Elite uses Individual Information to provide promotional offers by email to individuals. BMI Elite may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all BMI Elite’s email lists, a person must send an email to unsubscribe@BMIElite.com.
2.2(a) Content of Email Messages.
In certain commercial email messages sent by BMI Elite, an advertiser’s name will appear in the "From:" line but hitting the "Reply" button will cause a reply email to be sent to BMI Elite. The "Subject:" line of BMI Elite email messages will usually contain a line provided from the advertiser to BMI Elite.
2.2(b) Solicited Email.
BMI Elite only sends email to individuals who have agreed on the Website to receive email from BMI Elite or to individuals who have agreed on Third Party websites to receive email from Third Parties such as BMI Elite. BMI Elite does not send unsolicited email messages. As a result, statutes requiring certain formatting for unsolicited email are not applicable to BMI Elite’s email messages.
2.3 Targeted Advertising.
BMI Elite uses Individual Information to target advertising to an individual. When an individual is using the Internet, BMI Elite uses Technology Information (see also Section 2.5 below) to associate an individual with that person’s Individual Information, and BMI Elite attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. BMI Elite may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
2.4 Direct Mail and Telemarketing.
BMI Elite uses Individual Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones.
2.5Mobile Phone SMS Messaging.
In certain cases, when requested by an individual, a Third Party may use Individual Information to provide customized content and advertising via SMS messaging to an individual’s cell phone.BMI Elite is not responsible for the privacy practices or the content of such Third Parties.
2.6 Use of Technology Information.
BMI Elite uses Technology Information (1) to match a person’s Survey Information and Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person’s online browsing habits on the Internet, (3) to determine which areas of BMI Elite’s web sites are most frequently visited. This information helps BMI Elite to better understand the online habits of individuals so that BMI Elite can target advertising and promotions to them.
2.7 Profiles of Individuals.
BMI Elite uses Individual Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Individual Information such as information obtained from public databases.
2.8 Storage of Individual Information.
BMI Elite stores the Individual Information in a database on BMI Elite computers. Our computers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under BMI Elite’s control. Not withstanding such measures, BMI Elite cannot guarantee that its security measures will prevent BMI Elite computers from being illegally accessed, and the Individual Information on them stolen or altered.
3. Dissemination of Individual Information.
3.1 Sale or Transfer to Third Parties.
BMI Elite MAY SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE IN BMI Elite’S SOLE DISCRETION.
3.2 Order Fulfillment.
BMI Elite will transfer Individual Information to Third Parties when necessary to provide a product or service that a person orders from such Third Party while using BMI Elite web sites or when responding to offers provided by BMI Elite.
3.3 Legal Process.
BMI Elite may disclose Individual Information to respond to subpoenas, court orders, and other legal processes.
3.4 Summary Data.
BMI Elite may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
Individuals have access to their Individual Information collected to provide an opportunity for an individual to correct, amend, or delete such information. Access can be obtained by contacting contact@BMIElite.com. BMI Elite may also grant advertising clients and email services providers’ access to an individual’s email address to verify the origin of the Individual Information collected.
4. Privacy Practices of Third Parties.
4.1 Advertiser cookies and web beacons.
Advertising agencies, advertising networks, and other companies (together, "Advertisers") who place advertisements on the Website and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. BMI Elite does not control Advertisers’ use of such technology and BMI Elite has no responsibility for the use of such technology to gather information about individuals.
The Website and email messages sometimes contain hypertext links to the web sites of Third Parties. BMI Elite is not responsible for the privacy practices or the content of such other web sites. Linked web sites may contain links to web sites maintained by Third Parties. Such links are provided for your convenience and reference only. BMI Elite does not operate or control in any respect any information, software, products or services available on such Third Party web sites. The inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
4.3 Affiliated Companies.
BMI Elite may disclose, transfer, and sell Individual Information to entities affiliated with BMI Elite in BMI Elite’s discretion.Should BMI Elite be subject to an acquisition, merger, sale or other change of control or business entity status, BMI Elite reserves the right to transfer or assign the Information collected from the Website.
5. Individuals Outside of the United States.
Anyone using the Website outside of the United States acknowledges that personal information will be collected and stored by BMI Elite in the United States.By using the Website, you consent to the transfer of information to and/or storage of information outside of your country and in the United States.
6. Unsubscribe Procedures.
6,1 If you wish to discontinue receiving email messages from BMI Elite, you have several options:
- Unsubscribe from one email list. To unsubscribe from a particular list, either (1) send an email to unsubscribe@BMIElite.com or (2) follow the instructions in each promotional email message sent by BMI Elite.
- Unsubscribe from all of BMI Elite’s email lists.
We reserve the right to add Individual Information to multiple lists maintained by BMI Elite. To globally unsubscribe from all of BMI Elite’s lists, send an email tounsubscribe@BMIElite.com.
- Unsubscribe from a particular SMS messaging campaign.
To unsubscribe from a particular SMS messaging campaign on a cell phone, send "STOP", "END", or "QUIT" to the SMS message received by the individual.In addition, other methods to unsubscribe may be set forth on the website at which the individual signed up for the SMS messaging campaign.
For more information about protecting your privacy, you may wish to visit:www.ftc.gov.If you have questions about this policy, please contact us at legalnotices@BMIElite.com.
California User Consumer Rights.In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org.
© 2010 BMI Elite, LLC.