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Last Updated: 09-04-2023
Livingood Daily Inc. trading as SlimminGood, together with its subsidiaries and affiliated companies including SlimminGood, LLC. (collectively, “SlimminGood”, "Company", "we" or "us"), is devoted to making sure that your privacy rights are respected, and personal data is collected and used in accordance with the current and applicable privacy and data protection law.
SlimminGood develops and markets health and wellness products designed to assist in weight management and overall health improvement. Our offerings include dietary supplements, meal plans, fitness programs, and related services (the “Product/s”).
As part of that, we operate promotional websites and landing pages, including https://slimmingood.com/, allowing prospective customers and other site visitors to receive information about the Product and our proposal, contact us, subscribe to our marketing materials lists, etc. (“Site”). The Product and Site shall be referred to, collectively, as the “Services”.
This privacy policy (“Privacy Policy”) explains what data we collect when using our Services, how such data may be used or shared with others, how we safeguard it, and how you may exercise your rights related to your Personal Data (as defined below), as required under applicable data protection laws. The Privacy Policy provides details regarding the processing of Personal Data in connection with:
Visitors and Customers shall be further, separately and collectively, referred to herein as “you”.
This Privacy Policy is an integral part of any other agreement between you and us, including the Terms and Conditions available at https://lp.slimmingood.com/site/terms-and-conditions, incorporated here by reference (“Terms”). Any term not defined herein shall have the meaning ascribed to such term under the Terms or where applicable under the relevant privacy regulation, especially the EU General Data Protection Regulation known as the “GDPR”.
US States Residents Notice: If you are a U.S. resident, please review our U.S. Privacy Notice to learn more about our privacy practices in accordance with applicable U.S. state privacy laws, including the specific disclosures required under the California Consumer Privacy Act of 2018 ("CCPA"), which may apply to you based on your state of residency.
We reserve the right to change this Privacy Policy occasionally, at our sole discretion. The most recent version of the Privacy Policy will always be posted on the website, and the update date will be reflected in the “Last Modified” heading. We will notify you if these changes are material, and, where applicable law requires, we will obtain your consent. Any material amendments to the Privacy Policy will become effective within 30 days upon the display of the modified Privacy Policy.
We recommend you review this Privacy Policy periodically to ensure that you understand our most updated privacy practices.
SlimminGood is the “Data Controller” or “Business” (as such term is defined under applicable privacy legislation) of Personal Data pertaining to you.
If you have any questions, inquiries, requests, or concerns related to this Privacy Policy and our privacy practices or the processing of your Personal Data by us, you may contact our privacy team as follows:
Per UK GDPR, we have appointed Prighter as our UK Data Protection Representative. The DPR contact details are: Prighter Maetzler Rechtsanwalts GmbH & Co KG, a company registered under FN 502860a with the companies register of the Vienna commercial court, 1010 Vienna, Austria. To verify, please see: https://prighter.com/q/14155658620.
You will find below information regarding the types of data we collect, the purposes for which we process your data as well as our lawful basis for processing (where the GDPR applies to your data).
We collect two types of data, depending on your interaction with us:
“Non-Personal Data” meaning aggregated, non-identifiable information, which may be made available or gathered via your access to and interactions with the Services. We are not aware of the identity or other identifiers of the individual from which the Non-Personal Data is collected. The Non-Personal Data being collected may include aggregated usage information, such as views of certain Site pages and actions on the Site, or statistical analysis regarding the use of the Product or the App), as well as technical information transmitted by your device, such as the type of browser or device, type of operation system, device settings and technical software data, etc.
“Personal Data” or “Personal Information” meaning, individually identifiable information, namely information that identifies an individual or may, with reasonable effort, be used to identify an individual. For avoidance of doubt, any Non-Personal Data connected or linked to any Personal Data shall be deemed as Personal Data as long as such connection or linkage exists.
Applicable privacy legislation defines a sub-category of Personal Data, pertaining to "Special Categories of Data" or "Sensitive Data," which includes inter alia health-related data ("Sensitive Data"). Such data may be collected, processed, and used through our Site and Product, for providing you with our Services as detailed below.
The tables below detail the processing of Personal Data we collect, the purpose, lawful basis, and processing operations:
| Data Sets | Purpose and Operations | Lawful Basis (Where the UK GDPR applies) |
|---|---|---|
| Contact Communications: In the event you contact us for learning more about our product or with any other inquiry, either through the online forms available on the Site, by sending us an email, or by other means of communication we make available, you will be requested to provide us with your name, email address, phone number, and any other information you choose to share with us. | We process such data solely for the purpose of contacting you, responding to your inquiries, and providing you with the support or information you have requested. The correspondence with you may be processed and stored by us to improve our customer service, and in the event, we reasonably determine it is needed for future assistance or to handle any dispute you might have with us. | We process such Contact Communications data subject to our legitimate interest in order to respond to your inquiry and as part of our internal record-keeping. |
| Quiz Data: We collect data during the quiz phase including gender, age, weight, height, target weight, challenges in life (e.g., headaches, insomnia, fatigue, back pain, low energy, sleep issues, night cravings, brain fog, fungus), and digestive conditions (e.g., bloating, nausea, diarrhea). This may include Sensitive Data, subject to applicable law and provided voluntarily. |
We use Quiz Data to fit you with our optimal Product in light of your characteristics and needs.
We may retain and use Quiz Data in a de-identified form that does not allow your identification, for further internal research and development purposes. |
Initially, we process such data subject to our legitimate interest in order to provide you with customized Product and business proposals. Unless you make a purchase and become a Customer, such data will be deleted shortly.
If you become a Customer, such data will be retained by us as part of the Contract between us to provide you with our Services. |
| Video Interaction Data: We collect data on your interaction with videos, including cookies and other interaction data. | We collect such data through the use of cookies and similar technologies (see below regarding “Online Identifiers”), for the purpose of monitoring your usage of the Services and your interaction with the Site while you watch our movies. | We process this data based on your consent obtained through our cookie notice and consent management toolbar. |
| Payment Data: When you make a purchase, we may keep transactional data, such as Invoice Data (full name, address, zip code), purchased Products, transaction date and time, information related to fraud prevention, means of payment data, etc. | Through Digistore24 and Shopify, we collect payment data to complete your purchase, collect payment and provide you with the Products you have purchased. | We process this data to fulfill our contract with you. |
| Product Interaction Data: After purchasing, we collect data on your interaction with the product, interfaces, emails, and other related communications. This includes data on how you use our products and services, feedback, and any issues encountered. | We collect such data to manage your purchases, deliver our Services to you, measure and improve our services, and propose new services and offerings. | We process such data based on our legitimate interest in improving our services and customer experience, and to fulfill our contract with you, where such data is processed as part of a purchased Product. |
| Online Identifiers and Usage Data: When you access our Site, we may collect certain online identifiers such as IP address, Device ID, cookie ID and other similar identifiers (“Online Identifiers”). We may further collect information related to your use and interaction with our Site such as directing campaign and URLs, pages viewed, access time and date, duration, clickstream, WiFi network, DNS name, screen resolution, device type and model, etc. (“Site Usage Data”). |
We process Online Identifiers and Site Usage Data through our or third-party services and tracking technologies for analytic, marketing and advertising purposes.
For example, we process this data to understand how Visitors use our Site, personalize the Services for you and your preferences as well as to measure effectiveness of our features and content. In addition, Site Usage Data helps us to better understand our business, analyze our operations, maintain, improve, design, and develop the Service, conduct statistical analysis, etc. Further, Site Usage Data is used sometimes for operation, Site functionality, security and fraud prevention and debugging purposes, and to resolve technical problems. |
Where we collect Online Identifies or Site Usage Data for analytic and advertising purposes, we process such data based on your consent obtained through our cookie notice and consent management toolbar. You may withdraw consent or change your preferences at any time by using the cookie settings tool available on our Site.
Where we collect Online Identifiers or Site Usage Data for operation and security purposes, we process your data based on our legitimate interest. |
| Newsletter Registration: In the event you register for our newsletter or direct marketing communications, you will be requested to provide us with your email address, phone number, and any other information you choose to share with us. | We process such data to register you as a recipient of our newsletter, updates, and news about SlimminGood and the Services. We may further process your data to send you needed information related to our webinars, additional occasional communications, and updates related to our Services, promotional and marketing emails (i.e., Direct Marketing). | We process such information subject to our legitimate interest. Direct Marketing is further based on our legitimate interest, and you may opt-out at any time through the “unsubscribe” link within the email or by contacting us directly. For SMS marketing, we obtain your consent where required by law. |
Please note that the actual processing operation per each purpose of use and lawful basis detailed in the table above may differ, and we are only responsible for the Personal Data we collect and process as the controller of the Personal Data. Such processing operation usually includes a set of operations made by automated means, such as collection, storage, use, disclosure by transmission, erasure, or destruction.
The transfer of Personal Data to third-party countries, as further detailed in the “Data Transfer” Section below, is based on the same lawful basis as stipulated in the table above.
Depending on the nature of your interaction with the Site and Services, we may collect information as follows:
We share your Personal Data with third parties, including our affiliated companies and subsidiaries, as well as service providers that help us provide our Services. You can find in the table below information about the categories of such third-party recipients.
| Category of Recipient | Data That Will Be Shared | Purpose of Sharing |
|---|---|---|
| Service Providers | All types of Personal Data | We share Personal Data with our trusted agents (such as legal counsel) and service providers (including, but not limited to, our Cloud Service Provider, Analytics Service Provider, CRM provider, etc.) so that they can perform the requested services on our behalf. Thus, we share your data with third party entities, for the purpose of storing such information on our behalf, or for other processing needs. These entities are prohibited from using your Personal Data for any purposes other than providing us with requested services |
| Digistore24 | Payment and Purchase data | When you make a purchase or provide financial information on our Site, your data may be collected and processed directly by Digistore24, and their data processing practices will be governed by their own privacy policy/. |
| Any acquirer of our business | All types of Personal Data | We may share Personal Data, in the event of a corporate transaction (e.g., sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, our affiliated companies or acquiring company will assume the rights and obligations as described in this Policy. |
| Affiliated companies | All types of Personal Data | We may share Personal Data with our affiliated companies in accordance with the terms of this Policy and for the purpose of providing the Services. |
| Legal and law enforcement | Subject to law enforcement authority request | We may disclose certain data to law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to terror acts, criminal investigations or alleged illegal activity or any other activity that may expose us, you, or any other user to legal liability, and solely to the extent necessary to comply with such purpose. |
For avoidance of doubt, we may transfer and disclose or otherwise use Non-Personal Information or information which is linked to anonymous random identifiers or information that is aggregated in a non-identifiable way, at our own discretion.
When you access or use the Site or the Dashboard, we use “cookies” or similar tracking technologies, which store certain information on your device (i.e., locally stored). The use of cookies is a standard industry-wide practice. A “cookie” is a small piece of information that a website assigns and stores on your computer while you are viewing a website. Cookies are used by us for various purposes, including allowing you to navigate between pages efficiently, as well as for statistical purposes, analytic purposes and advertising. You can find more information about our use of cookies here: www.allaboutcookies.org.
You can always review the list of Cookies on our Site and control your cookie preferences by the designated cookies tool available on our Site.
Also note that, most browsers will allow you to erase cookies from your computer's hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You may set your browser to block all cookies, including cookies associated with our Site and Services, or to indicate when a cookie is being used by us, by adjusting the privacy and security settings of your web browser. Please refer to the support page of your browser to learn more about how you can adjust your privacy and security settings. Please note that once you choose to opt-out or disable cookies, some features of the Services may not operate properly and your online experience may be limited. In addition, even if you opt-out, you may still receive some content and advertising, however, it will not be targeted content or advertising.
Where we use third-party advertising cookies, such third-party may independently collect, through the use of such tracking technologies, some or all types of Personal Data detailed above, as well as additional data sets, including to combine such information with other information they have independently collected relating to your online activities across their network of websites, for the purpose of enhanced targeting functionality and delivering personalized ads, as well as providing aggregated analytics related to the performance of our advertising campaign you interacted with. These third parties collect and use this information under their own privacy policies, and are responsible for their practices.
We retain the Personal Data we collect as long as it remains necessary for the purposes set forth above, all in accordance with applicable regulation, or until an individual expresses a preference to opt-out. Please note that certain Customer data may be retained without limitation as such data is also part of our internal record keeping as a business.
Other circumstances in which we will retain your Personal Data for longer periods of time include: (i) where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements; (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges; or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data. Please note that except as required by applicable law, we may at our sole discretion, delete or amend information from our systems, without notice to you, once we deem it is no longer necessary for such purposes.
We work hard to protect the Personal Data we process as part of our Services from unauthorized access, alteration, disclosure, or destruction. We have implemented physical, technical, and administrative security measures that comply with applicable laws and industry standards, such as encryption, access restrictions and permissions, etc.
Note that we cannot be held responsible for unauthorized or unintended access beyond our control, and we make no warranty, express, implied, or otherwise, that we will always be able to prevent such access. Therefore, without derogating from our obligations under applicable law, you, including any Customer, remain fully responsible for the security of the data processed through the Services.
Due to our global business operation, we may store or process your Personal Data in the United States or in other countries. Thus, any information you provide to us may be transferred to and processed in countries other than the country from which you accessed our Service. In the event that we need to transfer your Personal Data out of your jurisdiction, we will take appropriate measures to ensure that your Personal Data receives an adequate level of protection as required under applicable law.
When Personal Data that is collected within the European Economic Area (“EEA“) is transferred outside of the EEA to a country that has not received an adequacy decision from the European Commission or relevant applicable law (e.g., UK's), we will take necessary steps in order to ensure that sufficient safeguards are provided during the transferring of such Personal Data, in accordance with the provision of the standard contractual clauses approved by the European Union. Thus, we will obtain contractual commitments or assurances from the data importer to protect your Personal Information, using contractual protections that EEA and UK regulators have pre-approved to ensure your data is protected (known as standard contract clauses), or rely on adequacy decisions issued by the European Commission. Some of these assurances are well-recognized certification schemes.
We acknowledge that different people have different privacy concerns and preferences. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. We provide you with the ability to exercise certain choices, rights, and controls in connection with your Personal Data. Depending on your relationship with us (e.g., if you are a visitor of the Site or a Customer), your jurisdiction, and the applicable data protection laws that apply to you, you have the right to control and request certain limitations or rights to be executed. Under the UK-GDPR, these rights include the right to access your Personal Data, the right to rectify inaccurate or incomplete data, the right to erasure (also known as the "right to be forgotten"), the right to restrict processing, the right to data portability, the right to object to processing, and the right not to be subject to a decision based solely on automated processing, including profiling. We are committed to facilitating the exercise of these rights and ensuring that your privacy preferences are respected.
For detailed information on your rights and how to exercise your rights, please see the Data Subject Request (“DSR”) form available here and send it to our privacy team at: support@drlivingood.com.
Certain rights can be easily executed independently by you without the need to fill out the DSR form, for example:
If you are an EU or UK resident, you may also submit the request to exercise your right to our Data Protection Representative as explained above.
Where we are not able to provide you with the information for which you have asked, we will endeavor to explain the reasoning for this and inform you of your rights, including the right to complain to the supervisor authority (in the event you are an EEA resident). We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law.
In the event you are a Customer - note that termination of the engagement or stopping use of the Product does not automatically resolve in deletion of data. If you wish to delete the data, please be sure to contact us with such a request.
For more US-related privacy rights, please review our U.S. Privacy Notice.
Our Site as well as the Services are not intended for users under the age of eighteen (18). Therefore, we do not intend and do not knowingly collect Personal Data from children. We will discard any information we receive from a user that is considered a "child" immediately upon discovering that such a user shared information with us. Please contact us at: support@drlivingood.com if you have reason to believe that a child has shared any information with us.
The Site may contain links to third-party websites. It is our intent to provide links only to other quality websites. However, we have no control over these linked websites or, for that matter, any third parties. Any information collected by websites, other than the Site, is not covered by this Privacy Policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites that may be linked to or from the Site. We encourage you to read the provisions of privacy policies on other websites before providing them with your personal information.
Livingood Daily Inc. trading as SlimminGood and its affiliates operates the website currently located at https://www.slimmingood.com (the Website) and it is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
You can review the most current version of the Terms at any time on this page (Website Terms). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms. If you register an account on SlimminGood's Website, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your e-mail address and name. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify SlimminGood of any unauthorized use of your password or account or any other breach of security. You may never use another user's account without prior authorization. SlimminGood will not be liable for any loss or damage arising from your failure to comply with these Terms. By providing SlimminGood with your e-mail address, you consent to our use of such e-mail address to send you notices regarding our products and services, including those required by law, in lieu of ordinary mail. We may also use your e-mail address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you may opt-out of receiving them by clicking “Unsubscribe.”
Our privacy policy may be viewed here. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.
SlimminGood reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms of Sale; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of SlimminGood's rights or interests in its Website, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. SlimminGood may take any other actions necessary in this regard or seek any remedies permitted by law.
You further agree that any products or services you purchase from SlimminGood on or through the Website will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website.
The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for the medical advice of a physician. The statements made on this Website have not been evaluated by the Food and Drug Administration. Read all product labels carefully before using them. You should consult your physician before using any information provided by SlimminGood.
Always consult a medical doctor before modifying your diet, using any new product, drug, supplement, or doing new exercises. If you suspect you have a medical problem or disease please consult a health care professional for diagnosis and treatment. It is important that you talk to your doctor so that you can gather all the information about your health (ex. age, health history, symptoms, etc.) to determine your status. While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the appearance, colors, textures, or finishes of our products that appear on the Website. What you see will depend on your monitor and computer equipment and we are unable to guarantee that the product images are an accurate representation of the actual merchandise. Please refer to our Refund Policy if you are unhappy with your purchase.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SlimminGood does not make any guarantee that you will accomplish your health and/or wellness goals, and you accept personal responsibility for your results. Your results may vary depending upon a variety of factors unique to you, such as your age, health, and genetics. You acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and countless other circumstances that are beyond the control of SlimminGood.
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to refund, return or exchange only according to our Refund Policy.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card's updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. Products are also subject to availability. As there is a delay between the time when your order is placed and the time when the order is accepted, the stock of that particular item may change. In the event we deny your order or if any item becomes out of stock before we accept the order, we will notify you as soon as possible and you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.
SlimminGood may offer products and services on the Website that require payment of a fee(s). You may have the option of buying a product one time, or enrolling in subscription programs. The price of a subscription to any recurring program will vary based on which fee-based Products you select and/or subscribed to. You may choose to make a one-time payment or recurring payments, as will be clearly shown on the applicable order form. If the Product offers a trial period option which would require an initial payment at the start of the trial, the remaining balance would be paid after the trial period expires. If you purchase a subscription to SlimminGood Program and/or related Product that requires recurring payments and you later wish to discontinue making recurring payments after the Refund Period (as defined below) has ended, you will be required to cancel your subscription. You can modify or cancel your subscription by contacting us our support email: support@drlivingood.com. Cancelled subscriptions will immediately lose access to paid features on the Website. For more information about subscription billing practices, please review our Refund Policy.
SlimminGood ships to addresses located in the United States. Please visit our detailed Shipping Policy page for additional information regarding order processing, order handling, shipping times, and commercial couriers used by SlimminGood. Domestic orders generally ship within 2-3 business days of the time of placement. Orders placed after 7:00 PM PT will be processed the next business day, excluding weekends and holidays. Domestic orders typically arrive within 4-7 business days once processed and shipped, depending on where you are located. If a product is on back order and/or if we are experiencing high order volume, the shipping time may vary. Once the item you ordered is back in stock, it will typically ship within 1-2 business days. Shipping charges, if any, will be calculated and displayed at checkout. SlimminGood is not responsible for these charges if they are applied and are your responsibility as the customer.
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or obligations under these Terms.
Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted or wish to cancel or modify your order after you placed it and before it has been shipped, please contact Customer Support immediately by email (support@slimmingood.com). You must contact us as soon as possible in order to attempt to modify or cancel your pending order. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a signature.
SlimminGood offers a Satisfaction Guarantee within sixty (60) days from the date of delivery for a full refund according to the terms found in our Refund Policy. Please contact Customer Support by email (support@slimmingood.com) to request a refund under our Satisfaction Guarantee. Products subject to this Satisfaction Guarantee must be returned unopened and sealed in their original packaging.
SlimminGood will refund the entire purchase price for all approved refunds less shipping and handling in case of physical products. Refunds will be issued to the same credit card or method of payment that was used to order the product. Please allow 5-10 business days for us to process your request. Timeframes may vary depending on your financial institution.
SlimminGood wants you to be beyond satisfied with your experience with us so we have made returning or exchanging products easy. If you are dissatisfied with our product, or if it arrives damaged, please refer to our detailed Refund Policy. To submit a return, please reach us at support@slimmingood.com. After the shipping department receives your return, please allow 5-10 business days for us to process your request and post it to your account. Timeframes may vary depending on your financial institution.
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of SlimminGood, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL SLIMMINGOOD OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER SLIMMINGOOD HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SLIMMINGOOD IS FOUND LIABLE UNDER ANY THEORY, SLIMMINGOOD'S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER SLIMMINGOOD WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SLIMMINGOOD ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
a. General
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, SlimminGood, or any involved third-party relating to your account, your use of the Website, your relationship with SlimminGood, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by SlimminGood or any third-party related to your use or attempted use of the products, and any communications from SlimminGood or any third party on SlimminGood behalf. You, SlimminGood, or any involved third-party may pursue a Claim. SlimminGood agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against SlimminGood. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California's Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California's Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in North Carolina on a class basis, with exception of UK-based users as described here below under paragraph 17 i., and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.
b. Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and SlimminGood both retain the right to pursue, in small claims court, any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court's jurisdiction. SlimminGood will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in North Carolina (with the exception of UK customers, as stated under paragraph 17 i): (i) an action by SlimminGood relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by SlimminGood for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in North Carolina, and forever waive any challenge to said courts' jurisdiction and venue, with the exception of UK-based customers, as described below in paragraph 17 i..
c. Required Pre-Dispute Procedures
Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to Livingood Daily Inc., 5000 Centregreen Way, Ste. 500, Cary, NC 27513, Attn: Legal Department. SlimminGood will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with SlimminGood or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.
d. Commencing Arbitration
You and SlimminGood agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.
e. Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in North Carolina unless SlimminGood otherwise agrees to arbitrate in another forum requested by you, with the exception of UK-based customers who shall have the rights described under paragraph 17 i.
f. Organization, Rules and the Arbitrator
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA, Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration. The AAA's Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or SlimminGood. The above does not apply to UK-based customers who shall have the rights described here below under paragraph 17 i.
g. Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA's Rules.
h. Governing Law and Award
The arbitrator shall follow the substantive law of the State of North Carolina without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. This does not apply to UK-based customers who shall have the rights described here below under paragraph 17 i. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
i. UK-based users
UK-based users are entitled to bring court proceedings to assert or defend their legal rights in their own jurisdiction.
j. Enforceability
This provision survives termination of your account or relationship with SlimminGood, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
k. Miscellaneous
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and SlimminGood and shall not be modified except in writing SlimminGood.
l. Amendments
SlimminGood reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a SlimminGood product, constitutes your consent to such changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT LIVINGOOD DAILY INC., 5000 CENTREGREEN WAY, STE. 500, CARY, NC 27513, ATTN: LEGAL DEPARTMENT. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless SlimminGood, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys' fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non proprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. Submissions represent the unique experience of the submitting customers, and do not necessarily reflect the experience that you may have using our products. As noted in Section 5 above, your results will vary depending upon a variety of factors unique to you, such as your age, health, and genetics. SlimminGood reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. SlimminGood shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
a. DMCA Notice
This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement:
Livingood Daily Inc.
Attn: DMCA/Copyright Agent
5000 Centregreen Way
Ste. 500
Cary, NC 27513
Email: support@slimmingood.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
b. Intellectual Property Rights, License
The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and SlimminGood , we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to you in writing by SlimminGood , no rights are granted to you.
You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of SlimminGood.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Sale, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in this Terms of Sale or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
c. Copyright
The copyright in all materials provided on the Website is owned by SlimminGood or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of SlimminGood. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. SlimminGood may revoke any of the foregoing rights at any time. You may not, without SlimminGood 's prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
d. Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of SlimminGood. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of SlimminGood, Livingood Daily or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of SlimminGood. SlimminGood prohibits the use of any SlimminGood logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by SlimminGood in writing.
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You may not assign any of your rights under these Terms, and any such attempt will be null and void. SlimminGood and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of SlimminGood's business is transferred to another entity by way of merger, sale of its assets or otherwise.
No waiver by SlimminGood of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by SlimminGood to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that we terminate this Agreement, Sections 2-5, 14-18, 20-27, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and SlimminGood, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
If you purchased a product or service through the Website, please contact Customer Support by phone or email.
Livingood Daily Inc.
Attn: DMCA/Copyright Agent
5000 Centregreen Way
Ste. 500
Cary, NC 27513
Email: support@slimmingood.com
Last Updated: September 11, 2024
This US Privacy Notice applies to residents of specific US states, including California, Virginia, Connecticut, Colorado, Utah, Texas, Oregon, Montana (effective October 1, 2024), and effective of January 1, 2025 - Nebraska, New Hampshire, New Jersey, Delaware, and Iowa, under their respective privacy laws (collectively, “US Privacy Laws” and “Covered States”).
Livingood Daily Inc. trading as SlimminGood, together with its subsidiaries and affiliated companies including SlimminGood and LLC. (collectively with its subsidiaries and affiliates, “SlimminGood”, "Company", "we" or "us"), provide this US Privacy Notice to supplement our general Privacy Policy and inform residents of these Covered States about their rights regarding the collection, use, and disclosure of their Personal Information during the use of our Site, Product and Services. That, also with regard to California Residents under the California Consumer Privacy Act of 2018 (“CCPA”).
This Notice is an integral part of our Privacy Policy and supplements it with additional information under US Privacy Laws; capitalized terms used but not defined in this US Privacy Notice will have the meanings set out therein or as defined under the applicable privacy law of the respective state. If there is any conflict or inconsistency between the terms of this Notice and the Privacy Policy, the terms of this Notice will prevail solely for eligible consumers.
As detailed under Section 3 of our Privacy Policy, we collect and process various types of Non-Personal Data and Personal Data, or Personal Information under applicable US Privacy Laws.
Personal Information under applicable US Privacy Laws further includes Sensitive Personal Information (“SPI”). However, as provided in the table below, we generally do not process such SPI.
In addition, under US Privacy Laws, Personal Information does not include: Publicly available information that is lawfully made available from government records, that a consumer has otherwise made available to the public; de-identified or aggregated consumer information; any other types of information excluded from US Privacy Laws, such as: Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPPA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA) and the Driver's Privacy Protection Act of 1994.
As further elaborated under Section 4 to the Privacy Policy, in the last twelve (12) months, we have collected as a “Business” or “Controller” the following categories of Personal Information:
| Category under the CCPA | Example | Whether Collected and examples |
|---|---|---|
| A. Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. | Yes: Contact Communications info and as part of purchasing our products and interacting with the Services if provided by you. |
| B. Personal information categories listed in the California Customer Records statute | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. | Yes: Credit Card and payment data if you are a Customer. |
| C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | Yes: Gender, Age |
| D. Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | Yes: Purchase records and Payment Data. |
| E. Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | No |
| F. Internet or other similar network activity. | Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. | Yes: IP address, Cookie identifiers, hardware type, operating system, interaction with the Services. |
| G. Geolocation data. | Physical location, approximate location derived from IP address or movements. | Yes: Approximate location inferred from IP. |
| H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | No |
| I. Professional or employment-related information. | Current or past job history or performance evaluations. | No |
| J. Non-public education information | Education records directly related to a student maintained by an educational institution or party acting on its behalf, etc. | No |
| K. Inferences drawn from other personal information. | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | No |
| L. Sensitive personal information. | Including without limitation precise geolocation, racial or ethnic origin, religious or philosophical beliefs, or union membership, the contents of a consumer's mail, email, and text messages unless the business is the intended recipient of the communication, genetic data, biometric data, information concerning health, sexual life or sexual orientation. | Health-related data, if provided by you voluntarily for customization of the Product and our offerings. |
We may disclose your Personal Information to a contractor or service provider for business purposes. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except fulfilling the contract. We further restrict the contractor and service provider from selling or sharing your Personal Information.
Section 5 of the Privacy Policy provides details regarding the sharing of Personal Data with third parties. The below disclosure is designated to provide further disclosure in accordance with US Privacy Laws, and specifically the CCPA.
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:
| Business Purpose | Category (corresponding with the table of our Privacy Policy) | Category of Recipient |
|---|---|---|
| Providing our services and selling our products through the use of external vendors |
Category A Category B Category C Category D Category F Category G |
e-commerce platforms, distributors and resellers, shipping and logistics vendors, payment processors, Email and SMS delivery systems, Other Users of our Services, etc. |
| Helping to ensure security and integrity to the extent the use of Personal Information is reasonably necessary and proportionate for these purposes. |
Category A Category B Category C Category D Category F Category G |
Security prevention providers, operating systems. |
| Debugging to identify and repair errors that impair existing intended functionality. |
Category A Category B Category C Category D Category F Category G |
Security prevention providers, operating systems. |
| Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business. |
Category A Category B Category C Category D Category F Category G |
Payment processors, distributors and resellers, affiliated companies, operating systems, CRM, ERP, etc. |
| Undertaking internal research for technological development and demonstration. |
Category A Category B Category C Category D Category F Category G |
Developers, operating systems, cloud and hosting providers. |
| Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned or controlled by the business. |
Category A Category B Category C Category D Category F Category G |
Developers, operating systems, cloud and hosting providers. |
| Operating our services and products | Category L | cloud computing and storage vendors, providing infrastructure to our Services. |
| Complying with our legal obligations, and providing governmental authorities with require information | Any Type and Category of Data | Any governmental or similar authority |
| Sharing information with our affiliates and collaborators | Any Type and Category of Data | Our subsidiaries and third-party affiliates, collaborating with us for the provision of the Services |
This section describes the categories of personal information we may disclose for “cross-context behavioral advertising” (“CCBA”) or “Targeted Advertising” as such terms are defined under the US Privacy Laws — i.e. delivering targeted advertising to consumers based on personal information we may obtain from their activity across businesses, distinctly-branded websites, applications, or services, other than those with which they intentionally interact. We do not “sell” information as most people would commonly understand that term, meaning we do not, and will not, disclose your Personal Information in direct exchange for money or some other form of payment. We may “share” Personal Information for “interest-based advertising” or “cross-context behavioral advertising”. In other words, we may share your Personal Information with a third party to help serve personalized content or ads that may be more relevant to your interests, and to perform other advertising-related services such as enabling our partners to serve such personalized content.
In the preceding twelve (12) months, we “sell” or “share” the following categories of Personal Information for a business purpose:
| Category of Recipient | Shared Information | Purpose of Sharing |
|---|---|---|
| Marketing and Advertising Firms and Networks. |
Category A Category B Category C Category D Category F Category G For the avoidance of doubt, we never share any sensitive information for such third-parties' purposes. |
We may disclose personal information to entities that perform marketing, advertising or market research on our behalf or help us determine the effectiveness of our marketing. |
If you are a resident of a Covered State, subject to certain limitations set forth by applicable law and per the specific circumstances, you may be able to exercise the following rights (Nevada specific rights are separately detailed below):
| Privacy Right | Details |
|---|---|
| Right to Know and be informed. | You may have right to know what Personal Information we have collected about you, including the categories of personal information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom the business discloses Personal Information, and the specific pieces of Personal Information we have collected about you. That right is being also provided to you through our Privacy Policy and that Notice. |
| Right to Access Personal Information. | You have the right to obtain access to the personal data we have collected about you and, where required by law, the right to obtain a copy of the personal data in a portable and. |
| The Right to Correct Personal Information. | You may have the right to request that we correct inaccurate personal information that we maintain about you. |
| Right to delete personal information. |
You have the right to request the erasure of certain Personal Data if specific conditions are satisfied. This right is not absolute. We may reject your request under certain circumstances, including where we must retain the data in order to comply with legal obligations or defend against legal claims, other legitimate interests such as record keeping with regards to our engagements, completing transactions, providing a good or service that you requested, taking actions reasonably anticipated within the context of our ongoing business relationship with you, fulfilling the terms of a written warranty, detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible for such activities; debugging products to identify and repair errors that impair existing intended functionality; exercising free speech, ensuring the right of another consumer to exercise their free speech rights, or exercising another right provided for by law; and engaging 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 the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent. You do not need to create an account with us to submit a deletion request. |
| Non-Discrimination Right. | You may have the right not to receive discriminatory treatment for the exercise of privacy rights, including (where relevant) an employee's, applicants, or independent contractor's right not to be retaliated against for the exercise of their rights, denying a consumer goods or services, charging different prices or rates for goods or services, providing you a different level or quality of goods or services, etc. We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by your Personal Information. |
| Data Portability Right | You may have the right, where feasible, to obtain a copy of the Personal Information you provided to us in a portable format. |
| Opt-Out of Sharing for Cross-Contextual Behavioral Advertising or from selling, where applicable. |
You have the right to opt-out of the “sharing” of your personal information for “cross-contextual behavioral advertising,” often referred to as “interest-based advertising” or “targeted advertising.”, you may opt out through the “do not sell or share my personal information” button available within the Websites' footer. You may opt out through device settings (opt-out from tracking AAID, ADID, please see the following for information applicable to all devices: https://thenai.org/opt-out/mobile-opt-out/). Further, you can opt-out from interest-based advertising, CCBA, by using Self-Regulatory Program for Online Behavioral Advertising such as: Digital Advertising Alliance's (“DAA”), and the Network Advertising Initiative (“NAI”). Last, you can join Global Privacy Control (“GCP”) for opting out generally through your browser: https://globalprivacycontrol.org/. Our Cookie toolbar at the Website will know to read all of these signals and ensure compliance with your request. In any event, please keep in mind:
|
| Right to opt out from Profiling and automated Decision Making | We do not profile you, thus we do not provide an opt-out mechanism in this regard. |
If you want to exercise your rights, please fill in this DSR form to and sending it to us by mail: support@drlivingood.com. Before processing your request, we will need to verify your identity and confirm you are a resident of a state that offers the requested right(s). In order to verify your identity, we may require you to provide additional personal information, including, but not limited to, your name, email address, mailing address, date of your last interaction with us, and the general nature of your interactions with us. If we are able to verify your identity, we will respond to your request or provide an explanation as to why we are unable to comply with your request.
In certain circumstances, we may decline a request to exercise the rights described of our Privacy Policy, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
In certain circumstances, and subject to applicable Data Protection Laws, you may permit an authorized agent to submit requests on your behalf. The authorized agent must provide a letter signed by you confirming the agent has permission to submit a request on your behalf or must provide sufficient evidence to show that the authorized agent has been lawfully vested with power of attorney. For security purposes, we may need to verify your identity and confirm directly with you that you have provided the authorized agent with permission to submit the request, and it may take additional time to fulfill agent-submitted requests. We may deny a request in the event we are not able to verify the authorized agent's authority to act on your behalf. Please note that for privacy and security reasons, we will direct future communications to the individual on whose behalf the request was made.
We will respond to a verifiable request within the timeframes set by applicable Data Protection Laws (usually up to 45 days). We reserve the right to extend the response time by an additional period as permitted by Data Protection Laws. If we determine that the request warrants a fee, we will tell you why we made such a decision and provide you with a cost estimate before completing your request.
Depending on your state of residency, you may be able to appeal a decision we have made in connection with your privacy rights request, by contacting us as instructed in our response. Please send your appeal request with a summary of the request and decision you want to appeal to support@drlivingood.com.
Not more than 60 days after receipt of an appeal we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reason for the decisions.
If you are not happy with our response, depending on your jurisdiction, you may have the right to lodge a complaint against us with the relevant State's Attorney General:
Depending on your state of residency, you may be able to appeal a decision we have made in connection with your privacy rights request, by contacting us as instructed in our response. Please send your appeal request with a summary of the request and decision you want to appeal to support@drlivingood.com.
1. Notice Of Financial Incentive
We do not offer financial incentives to consumers for providing Personal Information.
2. Do Not Track Settings and Shine the Light Law for California Residents
Cal. Bus. And Prof. Code Section 22575 also requires us to notify you how we deal with the “Do Not Track” settings in your browser. As of the effective date listed of our Privacy Policy, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we do not respond to the Do Not Track settings. Do Not Track is a privacy preference you can set in your web browser to indicate that you do not want certain information about your web page visits tracked and collected across websites. For more details, including how to turn on Do Not Track, visit: www.donottrack.us.
Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. If you are a Nevada resident, you still may submit a verified request to opt out of sales and we will review your requests' applicability. You may send opt-out requests to support@drlivingood.com.
This notice was last updated in July 2024. As required under the CCPA, we will update this US Privacy Notice every 12 months. The last revision date will be reflected in the “Last Updated” heading at the top of this US Privacy Notice.
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© 2024 SlimminGood, LLC. All rights reserved.
© 2024 SlimminGood, LLC. All rights reserved.