Policies
Last modified: January 1, 2021
Introduction
Metagenics, Inc. ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.bariatricadvantage.com/ (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
- On this Website.
- In email, text, and other electronic messages between you and this Website.
- Through mobile and desktop applications, you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
- Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
- By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");
- That is about you but individually does not identify you, such as internet protocol address and your geographic location; and/or
- About your internet connection, the equipment you use to access our Website, and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
- From third parties, for example, our business partners or customers.
Information You Provide to Us
The information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
- Your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically does include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account, including expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Website.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form). For more information, see Choices About How We Use and Disclose Your Information.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred.
- To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Website, we will transmit the contents of that email and your email address to the recipients.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
- Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt out by checking the relevant box located on the form on which we collect your data (the registration form) or at any other time by sending us an email stating your request to [email protected] If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.
California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CCPA privacy notice for California Residents.
“Do Not Track” Signals under the California Online Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser, see Choices About How We Use and Disclose Your Information.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Contact Information
If you have any questions or comments about this privacy policy or need to access this privacy policy in an alternative format due to having a disability, please contact [email protected] and toll free at 800-692-9400.
Postal Address:
Attn: Privacy Office
Metagenics, Inc.
25 Enterprise, Suite 200, Aliso Viejo, CA 92656
Thank you for visiting Metagenics' Web site. The content, arrangement and layout of this site, including, but not limited to, the trademarks and text, are proprietary to Metagenics, and should not be copied, imitated, reproduced, displayed, distributed, or transmitted without the express permission of Metagenics. Any unauthorized use of the content, arrangement or layout of the site, or the trademarks found in the site may violate civil or criminal laws, including, but not limited to, copyright and trademark laws.
The information provided in this web site may not be construed as medical advice. It is merely for educational purposes and its accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any healthcare questions you may have.
INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Information for Patients
Bariatric Advantage has been exclusively designed for use by the bariatric patient both pre and post surgery. The products were professionally formulated with input by experienced Bariatric Surgeons and well respected nutritional experts.
Did you know that nutritional deficiencies of vitamin C, vitamin E, carotenoids, retinal, thiamin, riboflavin, folate, pyrodoxine, serum antioxidants, vitamin B complex, Zinc, and other key nutritional markers exist in patients affected by obesity prior to surgery?
Were you also aware that some of these deficiencies may have been induced by drugs like Antihypertensives, Antidiabetic Agents, Anti-inflammatories, and Bile Acid Sequestrants?
Information for Physicians
Bariatric Advantage is enjoying a successful implementation of our advanced nutritional supplement line in Surgical Practices and Support Groups around the country. This line has been professionally formulated with key research and development offered from practicing Bariatric Surgeons, well known and respected Naturopathic Doctors, and Support Group Directors.
To better understand our product offering and programming, please contact us directly at: (800) 898-6888.
Sales Tax – Customer is responsible for all sales, use, transaction privilege taxes, gross receipts, excise or similar transaction taxes (“Sales Taxes”) related to any products or other items purchased. Bariatric Advantage will typically collect Sales Tax at the time of sale and will either (1) remit Sales Taxes to the taxing authority directly or (2) remit the Sales Taxes to the Practitioners who will then remit Sales Taxes to the states. However, Customer agrees that Bariatric Advantage retains the right to subsequent payment from Customer of Sales Taxes, including if a taxing authority asserts that Sales Tax is due with respect to a product for which no Sales Tax was originally collected or Sales Tax was undercollected by Bariatric Advantage. Customer agrees that it will not assert or participate in any class action against Bariatric Advantage related to Sales Taxes.
Returns, Refunds, Shipping, Other
Bariatric Advantage 100% Satisfaction Guarantee
Your complete satisfaction is our goal. We are committed to providing you with quality products and outstanding customer service to support your life-long nutritional health. However, should our products or service ever fail to meet your expectations, we are committed to ensuring your satisfaction.
Our return policy is simple and it is the same for Opened and Unopened packages:
- If, within 60 days of your purchase, you return a product (whether opened or unopened), we will issue a full refund.
- You will not be charged a restocking fee on your return.
- Your return must be accompanied by a Return Authorization (RA) number. Prior to returning your product, log onto your online account or contact Patient Support to obtain your RA number.
- Your refund will be processed in the same method as your original payment, once the product is received by Bariatric Advantage; refunds will be processed within 4 weeks.
- We cannot accept returns of expired or discontinued product.
- You are responsible only for the shipping charge to return the product (a $5 flat fee).
- Any claims for shortage or damage must be made within 10 days of receipt of goods. All returns require a Return Authorization Number from Customer Service, so please call us at 800.898.6888.
You may process your return by logging onto your Bariatric Advantage online account or by calling Bariatric Advantage Patient Support (800) 898-6888.
Patients who place orders at their practitioners’ offices should handle returns through their practitioners, not through Bariatric Advantage.
Patients who place orders with a practitioner via the practitioner’s online store should handle their returns either online or by calling BA Patient Support.
The above Policy applies to products purchased directly from Bariatric Advantage by North American retail customers after August 1, 2019. Bariatric Advantage reserves the right to administer and interpret the Policy in its sole discretion. The Policy is subject to change without notice.
Shipping Policy
- All packages are shipped using the United States Postal Service (USPS) or through FedEx. Each method of shipment contains methods of delivery confirmation and tracking. Once the third-party company has established the delivery of a shipment the terms of the transaction are then void, and Bariatric Advantage is not responsible for compensation of lost or stolen product. All concerns will then be addressed to the appropriate third-party for attempted reimbursement.
- Bariatric Advantage is not responsible for the shipping time of orders.
- Most orders are sent via United States Postal Service (First Class or Priority Mail) and generally arrive within 3-4 days (not including Sundays). Orders sent FedEx have a delivery time of 1-5 business days depending on recipient location and FedEx service used.
- Any order that is disputed for the length of its arrival time may be re-processed for FedEx Next Day Air shipping. However, additional fees WILL apply!
- All FedEx Next Day Air orders are subject to a 24 hour payment processing before the product is actually shipped.
- FedEx Next Day Air orders will NOT arrive on Saturday!
- FedEx Next Day Air orders placed AFTER 10:00 AM Pacific will not be shipped out until the next business day.
- Bariatric Advantage hours of operation are Monday-Friday, excluding holidays. Any shipment placed during non-business hours will be processed during our next scheduled business day.
Other Policies
- The Bariatric Advantage Monthly Re-Order program recipients may be subject to additional fees if the credit card information on file, at the time of processing, is declined on more than one occasion.
- Any attempted fraudulent use of discounts, applied to an order, may result in additional fees for compensation of dollar values lost.
- Probiotics do not routinely ship with ice packs. More Information
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