Privacy Policy

Effective Date: 11/17/14

Atkins Nutritionals, Inc. (“ANI," “we" or “us") values your privacy. In this Privacy Policy (“Policy"), we describe how we collect, use, and disclose information that we obtain about visitors to our websites, www.atkins.com, community.atkins.com, www.atkinscookbook.com, www.atkinschefrecipes.comand www.atkins-HCP.com (including any forums and chat rooms accessible these websites, all collectively, the “Site") and the features and services available through the Site (collectively, the “Services"), and how we use and disclose that information. If you are using our mobile application, please click here to read a privacy policy specifically designed for the App. Please read this Privacy Policy ("Policy") carefully to understand how we will collect and use your information.

By visiting the Site or using any of our Services, you agree that your information will be handled as described in this Policy. Your use of our Site and Services, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The Terms of Use are incorporated by reference into this Policy.

Information We Collect About You
Information We Collect Directly From You
Information We Collect Automatically
How We Use Your Information
How We Share Your Information
Our Use of Cookies and Other Tracking Mechanisms
Third-Party Analytics
Third-Party Ad Networks
User-Generated Content
Third-Party Links
Security of My Personal Information
Access To My Personal Information
What Choices Do I Have Regarding Use of My Personal Information?
Children Under 13
Special Information for California Consumers
Contact Us
Changes to this Policy

Information We Collect About You
We collect information about you directly from you and from third parties, as well as automatically through your use of the Site or our Services.

Information We Collect Directly From You
We collect information from you when you register to be a member on our Site, purchase products from us, and otherwise interact with our Site and Services. The type of information that we collect from you varies based on your particular interaction with our Site, but may include, without limitation, your name, address, and email address, and any other information that you choose to provide

Information We Collect Automatically
We may automatically collect the following information about your use of our Site or Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and use our Services; and the referring URL, or the webpage that led you to our Site. We also may collect information about you automatically if you “Like Us", follow us, or click on other social media plug ins, such as the information listed above. We may combine this information with other information that collect about you. Please see the section “Cookies and Other Tracking Mechanisms" below for more information.

How We Use Your Information
We use your information, including your personal information, for the following purposes:

  • To provide our Site and Services to you, to facilitate the features on our Site, to communicate with you about your use of our Site and Services, to respond to your inquiries, to manage your account, to send you information that you have requested, to fulfill your orders, and for other customer service purposes.
  • For marketing and advertising purposes. For example, we will send you information by email on products, services, special offers, and promotions and newsletters. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.
  • To keep up to date on product announcements or other information we think you would like to hear about.
  • To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.
  • To communicate with you. For example, we will send you a welcome email when you sign up with us; we also will send other communications, including marketing, to you by email.
  • To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to user desires and preferences, and for other research and analytical purposes.

How We Share Your Information
We may share your information, including personal information, as follows:

  • Our Online Community. If you participate in our online community, including our forums or chatrooms, your user name and any information that you choose to provide (e.g., your comments) will be available to all other users of the forums and online community. To control what profile information other users see about you, click here to log in and edit your privacy settings.
  • Third Party Service Providers for our Store. Our online store is powered by a third party service provider(s), and any information that you submit in connection with the purchase will be transferred to the service provider(s). All information you submit in connection with these ecommerce or online store features will not be subject to this Policy and will be subject to the privacy policies and practices of these third parties. As an example, these third parties may send you marketing materials. We are not responsible for the policies, practices, acts or omissions of these third parties. You should directly contact these third parties with any questions that you have regarding the collection or use of your information.
  • Other Service Providers. We also may share your information with other third party service providers to assist us in bringing our Site and Services to you, responding to your requests, and improving our Site and Services. We also may engage third parties to assist us in marketing our own products and services.

We also may share your information in the following circumstances:

  • Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
  • In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  • To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
  • Legal Purposes. To enforce our Terms of Use; for example, to protect the security of our Site, as required by law or when we believe that disclosure is necessary to protect our rights.

Connecting with Fitness Trackers and Our Mobile App
If you are a part of our online community or have downloaded your App, you have the option of uploading data from certain fitness trackers to our Site or our App (the permissible trackers may change from time to time). In addition, if you download our App, you may synch your account on our Site with your App.

Cookies and Other Tracking Mechanisms
We and our third party service providers use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Currently, our systems do not recognize browser “do-not-track" requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section.

  • Cookies. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. There are two types of cookies: session and persistent cookies.
    • Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
    • Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, and to display advertising both on our Site and on third-party sites.

Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs") to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel" and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel" and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Third-Party Analytics
We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and, to the extent permitted, our Application. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. You may opt-out of analytics by visiting the Google Analytics Opt-out page and http://www.flurry.com/legal-privacy/end-user-opt-o...

Third-Party Ad Networks
We use third parties such as network advertisers to display advertisements on our Site, to assist us in displaying advertisements on third party websites, and to evaluate the success of our advertising campaigns. Network advertisers are third parties that display advertisements based on your visits to our Site as well as other websites. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party cookies and other technologies are governed by each third party's specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of our Site and our services, as well as aggregate or non-personally identifiable information about visitors to our Site and users of our service.

You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page.

You also may opt out of ad networks that are members of NAI and DAA members, by going to: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).

Opting out of one or more NAI member or DAA member networks (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Site or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites accessible by the above links.

User-Generated Content
We invite you to post content on our Site (including our chatrooms/forums) your comments, pictures, and any other information that you would like to be available on our Site. If you post content to our Site, all of the information that you post will be available to all visitors to our Site or, in some cases, only registered users on our Site. If you post your own content on our Site or Services, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

Third-Party Links
Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites. Other sites accessible through our Site have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. You should contact these sites directly if you have any questions about their use of the information that they collect. We are not responsible for the policies or practices of third parties. We cannot control this collection of information.

Security of My Personal Information
Please be aware that no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

What Choices Do I Have Regarding Use of My Personal Information?
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail or by contacting us by email at contactus@atkins.com or completing the form at www.atkins.com/contact-us. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

To request removal of your personal information from our blog or community forum, contact us by email at contactus@atkins.com or complete the form at www.atkins.com/contact-us.aspx. To have personal information that you have submitted to our Site changed or deleted, send us an email atcontactus@atkins.com or call us toll free 1-800-6ATKINS (1-800-628-5467). If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us by email at contactus@atkins.com or complete the form at www.atkins.com/contact-us. In all cases, we may retain and use your information for archival purposes or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Children Under 13 Our Site and Services are not directed toward children under age 13. We do not knowingly collect information from anyone under age 13.

Special Information for California Consumers
California residents may request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at:

Atkins Nutritionals, Inc.
Attention: Legal Department/Privacy
1050 17th Street, Suite 1500
Denver, Colorado 80265

Please allow up to thirty (30) days for a response.

Contact Us Please contact us by sending an email to contactus@atkins.com or you can write to us at:

Atkins Nutritionals, Inc.
Attention: Legal Department/Privacy
1050 17th Street, Suite 1500
Denver, Colorado 80265

Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.