Thank you for visiting www.balance.com
1. Definitions. The following terms have the following meaning in these Terms and Conditions of Use.
(a) “We”, “Us”, “Our”, or “Balance Bar” mean Balance Bar Company;
(b) “Site” means this web site, namely, www.balance.com or any other related web sites
We may establish;
(c) “You” or “Your” means any visitor to this Site;
3. Anonymous or Non-Personally Identifiable Information. When You visit this Site, We may automatically collect information from You, including the following:
a) the search engine You used to access the Site,
b) the previous websites You visited,
c) the websites or advertisements You view or select,
d) the type of Internet browser You use,
e) the computer operating system You use,
f) Your computer's IP address and
g) information concerning Your food preferences.
4. Personally Identifiable Information. Personally identifiable information is information that can be used to identify You, such as Your name, postal address, telephone number, e-mail address, payment method and any other information that once it is associated with any other piece of information, can be used to identify you. We may ask You to provide personally identifiable information when You create an online account, purchase products or services, participate in a sweepstakes, promotion or survey, contact Us with a question or concern, or participate in other activities when You visit the Site. We may also collect publicly available information about You from other sources, such as information from newspapers, blogs, and commercial websites or third party data aggregators; we may use such information to supplement Your personally identifiable information maintained by Us. We may also collect personally identifiable information that You voluntarily disclose on the Site, absent any request from Us. We will never collect personally identifiable information from You without Your knowledge and consent. You always have the right to decline to disclose all or any of the requested information; however, if you decline to disclose certain pieces of information to Us, You may be unable to fully access all of the features of the Site.
5. Use of Personally Identifiable Information.
(a) We use personally identifiable information only for the purpose for which You provided it, such as to fulfill Your request for products, services or information, to process and administer Your contest or sweepstakes entry, to activate Your online account, and to allow You to participate in any public area of the Site. We may also use personally identifiable information to notify You of changes to this Site, to provide You with news, e-mail offers, and savings, to let You know about other products and services that may be of interest to You, and to tailor Our online or in-store offerings to Your preferences.
(b) We may also combine anonymous usage information collected from Your visit to the Site with that of other users to determine which features and areas of the website are most popular. This aggregated information does not contain information personally associated with You.
(c) We may also update and supplement personally identifiable information collected from You with other information that We obtain from third parties or from Our subsidiaries, licensees, licensors, or affiliates. If We associate information obtained from Our affiliates licensees, licensors, subsidiaries, or third parties with personally identifiable information collected under this policy. We will treat the acquired information like information We have collected Ourselves.
6. Sharing of Information.
(a) We will never share information about You other than as set forth in this document. We may combine personally identifiable information collected by an affiliate, licensee, licensor, or subsidiary with personally identifiable information We have collected from You, and We may share Your personally identifiable information with Our affiliates, licensees, licensors, or subsidiaries, including third parties that send emails to our customers and prospective customers on our behalf.
(b) We may share aggregated information with third party service providers to assist Us with collecting demographic information and improving Our Site. We may also share aggregated information with potential advertisers, contractors, investors and other third parties in connection with the sale of advertising and the marketing of Our products and services. This aggregated information does not contain any personally identifiable information about You.
(c) We use third parties to assist us in providing services, fulfilling orders and information requests, and for other business purposes, and in connection with these activities, We may share personally identifiable information with such third parties.
(d) If You are a member of a social network service, such as Facebook, MySpace, or similar website where You have authorized them to gather information about Your online behavior on Our Site, including participation in any behavioral reporting program that they may operate on or off of their own site, We may share information regarding Your activities on Our Site with those third parties under and as authorized by You, and they may associate that information with personally identifiable information they already have about You (such as Your Facebook Profile) and use it.
7. Disclosure Required by Law. From time to time, We may be required to provide Your personally identifiable information in response to a court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that We, in good faith, believe to be unlawful. We also may share certain personally identifiable information when We believe that such sharing is reasonably necessary to protect the rights, property, and safety of others and Ourselves.
8. Disclosure as a part of a Business Transaction. We may also disclose personally identifiable information to third parties in relation to planned or potential corporate sales, mergers, reorganizations, dissolutions or similar events. As a part of any such transaction, We will treat Your information as an asset and transfer it to the purchaser. In the event that We or some of Our assets are sold or transferred or used as security, our lenders and business partners will be asked to maintain such personally identifiable information in the same privacy as Balance Bar.
11. Log Data. When You visit the Site, Our web servers may automatically collect anonymous information that describes how Our visitors use and navigate Our Site. This information includes the number and frequency of visitors to each web page and the length of their stays, as well as the anonymous information that Your web browser automatically sends to Us, such as browser type, referrer data that identifies the web page visited before and after Your visit to Our Site, and IP addresses. We also may determine what technology is available through Your browser to serve You the most appropriate version of a web page. For example, We may determine that You have installed a version of Flash, and We will then send to You the appropriate Flash version of the web page rather than an HTML page. This information does not contain any personally identifiable information about You.
12. IP Addresses. An IP address is a number that is assigned to Your computer or network when You are on the Internet. When visitors request pages from Our Site, Our servers log the visitor's IP address. We or Our service providers may also serve advertisements based upon the geographic location of Your IP address. This information does not contain any personally identifiable information about You.
13. Clear GIFs. Clear GIFs or pixels are invisible files on web pages that You visit. When You visit a page on the Site that contains a clear GIF, the clear GIF communicates with Your computer to determine, among other things, whether You have been to that page before or viewed a particular advertisement. We or Our third party advertising providers may use clear GIF to track usage of the Site. This information does not contain any personally identifiable information about You.
14. Other Methods. Where authorized by law and as permitted by FTC guidelines, We may use web beacons, other monitoring technologies and third party service providers who may gather data for purposes of advertising or reporting website traffic and statistics.
15. Third Party Advertisements and Operations. We may allow third parties to deliver advertisements on Our Site or perform certain functions for Us. Our websites may also contain links to websites that are owned and operated by third parties. You should be aware that when You click on these third-party advertisements or links, You may deploy cookies or web beacons, which third parties may use to identify some of Your preferences or to recognize You if You have previously been to their website or otherwise had contact with them. Certain activities on Our Site, such a purchases, may be performed or sponsored by third parties (e.g. shopbalance.com is such a site), and You will be asked to submit personally identifiable information to complete Your transaction. We do not control how these third parties use the information they collect from You, whether collected from the delivery of advertisements to You, Your use of links or Your purchase of products or other voluntary submissions of information. We have no responsibility (and disclaim any representations, warranties or responsibility) for these third-party advertisements and websites, including, without limitation, their content and privacy policies. We encourage You to read the privacy policies of the advertisers and websites to learn how they may collect and use information about You. If You voluntarily disclose personally identifiable information in a public area of Our Site such as a blog or message board, third parties may collect this information and use it to send You unsolicited marketing communications, messages or for other purposes. You disclose personally identifiable information in public areas of Our Site websites at Your own risk.
16. Copy of Personally Identifiable Information. You may obtain a copy of Your personally identifiable information by contacting Balance Bar Company, Attention: Privacy Manager, 115 Stevens Ave. Suite 202, Valhalla NY 10595. For Your protection, You may be required to provide proof of Your identity to obtain a copy of Your personally identifiable information. You may correct any errors in Your personally identifiable information by providing Us with the correct information, and We will delete Your personally identifiable information (except for Your transaction history) from Our records upon Your written request. However, You may not be able to access some areas of the Site if You choose to delete Your personally identifiable information.
California Civil Code Section 1798.83 permits guests and customers who are California residents to request certain information regarding disclosure of personally identifiable information to third parties for their direct marketing purposes. You may make such a request by contacting Balance Bar Company, Attention: Privacy Manager, 115 Stevens Ave. Suite 202, Valhalla NY 10595.
17. Privacy of Children. We are committed to protecting the privacy of children. The Site is not intended or designed for children under the age of 13 years of age. By creating an account, accessing or using the Site, You represent that You are at least 13 years of age. Balance Bar does not knowingly collect personal information from individuals under 13. If You are under 13, We ask that You not send Us any Personal Information. In the event that We learn that such information has been sent to Our Site, We will not create a profile or otherwise retain the child’s information.
18. Security. We use several encryption methods, such as Secure Sockets Layer, and other measures to ensure that the personally identifiable information You submit to Us is secure. We take reasonable measures to ensure that Your information remains reliable, accurate, complete and current. We also take physical, electronic and managerial steps to maintain the security and accuracy of information We collect, including limiting the number of people who have physical access to Our database servers, as well as using electronic security systems and password protections that guard against unauthorized access by other visitors or third parties. Unfortunately, no data transmission over the Internet is 100% secure. We and the Site will take reasonable measures to protect Your personal information from loss, misuse, alteration or destruction; however, We cannot ensure or warrant the security of that information.
19. United States Only. This website is intended for users from the United States of America only. All matters relating to this site are governed by the laws of the State of New York in the United States. If You are located outside of the United States and You contact Us, please be advised that any information You provide to Us will be transferred to the United States and that by submitting information You explicitly authorize this transfer and the processing of this information within the United States.
21. Opt Out. At various points during the registration process on Our Site, when signing up for a Balance Bar Activity, or when subscribing to a newsletter or mailing list, You may be asked to indicate Your willingness to allow Us to communicate with You on an on-going basis, or receive updates or notifications regarding the Service. We will honor Your preferences. At any time, however, You may (a) stop the receipt of a particular promotional or notification email by clicking on an "unsubscribe" hyperlink contained in any promotional or notification emails We send You, or (b) opt out of further disclosures of Your personal information to third parties by contacting Us at: Balance Bar, 115 Stevens Ave, Suite 202, Valhalla NY 10595; or through Our online Contact Us form. It may take up to six (6) weeks to modify Your preferences.
23. Contacting Us. If You have any additional questions, please feel free to contact Us any time at “Contact Us” or via mail at
Balance Bar Company
Attention: Privacy Manager
115 E. Stevens Ave. Suite 202
Valhalla, NY 10595
24. Message Board Please be aware that any messages, information or materials posted on our message board are not subject to the terms of this policy. Please do not submit any information to our message boards that you would like to be kept private or secure. We do not control or regularly review the messages, information or materials posted in the message boards. It is a condition of your use of the message boards and the Site that you do not upload to, post, distribute or transmit to or through the Site any messages, information or materials which violate or infringe in any way the rights of others, or which are libelous, defamatory, obscene, pornographic, threatening, abusive, unlawful or would otherwise violate any law, or encourage such conduct, or which, without Our express written consent, contains advertising or any commercial solicitation; post or transmit any material that contains a virus or other harmful component; restrict or inhibit anyone from using and enjoying the message boards.]