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Intensive Dietary Management Inc.’s (“Intensive Dietary Management“, “The Fasting Method”, ”We”, “Us”, or “Our”, as applicable) current mission is to provide visitors and users, such as yourself (“You”), with education regarding intermittent fasting and low carbohydrate diets. To achieve Our mission, We provide You with knowledge, tools, and inspiration that We believe will benefit You.
Below are the terms and conditions (the “Terms“) that apply anytime You use or access Our “Services” which include:
Our “website(s)” which include idmprogram.com, thefastingmethod.com and other websites where We link to or post this Privacy Policy, including any subdomains or mobile versions;
the Intensive Dietary Management mobile applications (“Apps”);
Our online platform and related services available through Our website and Mobile Apps, except as otherwise specified below (“Platform”); and
any Intensive Dietary Management services, resources, blog posts, educational material, content, Apps, or the free community Facebook group (located at www.facebook.com/groups/obesitycodenetwork/ and www.facebook.com/thefastingmethod)
Before agreeing to participate, it is important that You read and understand the Terms. Through Your use of Our Services, You agree to these Terms, and acknowledge Our
Additional Agreements
To the extent additional rules or guidelines of Intensive Dietary Management affect Your use of Our Services, those rules and guidelines hereby incorporated by reference into these Terms. Additionally, if You subscribe to Our Fasting Method Community, the additional Community terms (below) will apply in connection with Your subscription. Additionally, You represent and warrant that You have read and agree to Our Participation Terms.
In the event of a conflict between these Terms and Our Privacy Policy or any Community Terms, the Privacy Policy or Community shall control to the extent of such conflict. Capitalized terms not defined in these Terms will have the definition set forth in Our Privacy Policy.
Disclaimer
You are voluntarily choosing to participate in The Fasting Method Community.
The Services We provide at Intensive Dietary Management (or IDM.health or The Fasting Method or thefastingmethod.com) are for informational purposes only and do not replace or constitute a substitute for professional or medical advice, consultation, evaluation, diagnosis, or treatment with a qualified medical professional (“Medical Advice”). Nothing contained in Our Website or the Services shall be interpreted as a substitute for Medical Advice; We are not a medical organization and Our staff cannot give You Medical Advice or diagnosis. Intensive Dietary Management does not endorse any specific tests, physicians, products, procedures, diets, lifestyle changes, opinions, or other information that may be referred to by the Services.
You should inform and consult with Your physician or healthcare provider before making any changes to Your lifestyle or beginning any programs, including Our program(s), and obtain periodic medical checkups with Your physician. Medical monitoring is especially important for people with a known medical condition. This Website and the Services are intended for use only by adults over the age of majority in their province or territory of residence. You acknowledge that Your use of the Services is solely at Your own risk. For questions or concerns about Your health or any medical conditions You may have, please contact Your physician or healthcare provider.
The Fasting Method’s Management Membership site is facilitated by Intensive Dietary Management staff. You acknowledge and agree that the Intensive Dietary Management staff cannot provide Medical Advice, interpret medical results, or issue or change prescriptions, and that the staff are not physicians, nurses, pharmacists, dieticians, nutritionists, or any other regulated health professionals (collectively, “HCPs”). You shall not treat any interaction with the Intensive Dietary Management staff as an interaction with an HCP or any information obtained through Intensive Dietary Management staff or the Services as Medical Advice. You are fully and solely responsible for any changes that You make to Your lifestyle.
THE SERVICES, INCLUDING ANY USER CONTENT (AS DEFINED BELOW) AND TESTIMONIALS FOUND WITHIN THE SERVICES, ARE PROVIDED “AS-IS”, “WHERE-IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, IN EACH CASE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY KIND. WE, ON BEHALF OF OURSELVES AND ANY AFFILIATES AND INTENSIVE DIETARY MANAGEMENT STAFF HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES WITH RESPECT TO THE SERVICES (INCLUDING ANY USER CONTENT AND TESTIMONIALS), WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITH RESPECT TO MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR RELIABILITY. WE PROVIDE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION, PROVISION, OR AVAILABILITY WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES/MALWARE, OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WE PROVIDE NO WARRANTY THAT ANY DEFECT IN THE SERVICES WILL BE CORRECTED. YOU ACKNOWLEDGE THAT BY AGREEING TO THE TERMS AND USING THE SERVICES, YOU HAVE NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES MADE BY US.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE, ANY AFFILIATED COMPANIES, OR ANY INTENSIVE DIETARY MANAGEMENT STAFF, DIRECTORS, OFFICERS, AGENTS, LICENSORS, VENDORS, SUPPLIERS, DISTRIBUTORS, OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF OR INABILITY TO USE THE SERVICES, INCLUDING A THIRD PARTY’S OR YOUR RELIANCE ON THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, AND EXEMPLARY DAMAGES, LOSS OF REVENUE, LOSS OF INCOME, LOSS OF PROFIT, LOSS OF DATA, BODILY HARM, AND LOSS OF OPPORTUNITY), WHETHER IN CONTRACT, STRICT LIABILITY, EXTRA CONTRACTUAL FAULT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF WE HAVE BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, OR HAVE EXPRESS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES IMMEDIATELY. YOU ACKNOWLEDGE BY YOUR USE OF THE SERVICES THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE HAVE NO RESPONSIBILITY AND WILL IN NO WAY BE HELD RESPONSIBLE FOR THE HEALTH, BODILY INTEGRITY, MEDICAL WELLBEING, OR HEALTHCARE OF YOU OR ANY THIRD PARTY. APPLICABLE LAW (AS DEFINED BELOW) MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF INTENSIVE DIETARY MANAGEMENT, ANY AFFILIATED COMPANIES, OR ANY OF OUR EMPLOYEES, STAFF, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS, SUPPLIERS, DISTRIBUTORS, OR PROVIDERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT WOULD HAVE BEEN LIMITED WILL NOT EXCEED $50 CAD.
You acknowledge that You may have or may in the future have claims against Us which You do not know or suspect to exist in Your favor when You agreed to these Terms and which if known, might materially affect Your consent to these Terms. You expressly waive all rights You may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Usernames, Passwords and Security
Your username and password will be Your identity for purposes of interacting with Intensive Dietary Management and other users through the Services. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, Your username and password for the Services. You shall immediately notify Intensive Dietary Management if You learn of or suspect: (i) any loss or theft of Your username or password, or (ii) any unauthorized use of Your username or password or of the Services. In the event of such loss, theft, or unauthorized use, Intensive Dietary Management may impose on You, at Intensive Dietary Management ‘s sole discretion, additional security obligations. If any unauthorized person obtains access to the Services as a result of any act or omission by You, You shall use Your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief Intensive Dietary Management . You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Copyright and Trademark Information
All content, copyrightable material, and other intellectual property rights in the content available on Our Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by Intensive Dietary Management or users with all rights reserved, or in some cases may be licensed to Intensive Dietary Management by third parties. This Content is protected by the intellectual property rights of Intensive Dietary Management or those owners. All trademarks displayed on Our Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Intensive Dietary Management .
User Content
While using the Services, You may have the opportunity to upload or post materials or comments (“Your Content”), and to view the posts and comments of other users (“User Content”).
You shall not include anything in Your Content that: (a) is obscene, defamatory, or scandalous; (b) infringes, violates, or misappropriates any intellectual property rights of any third party; (c) constitutes spam or advertising; (d) is intended to impact or degrade the performance of the Services or the performance of other users’ devices; (e) impersonates Intensive Dietary Management or any of Our employees; or (f) violates any Applicable Laws or regulations. You acknowledge and agree that We may moderate, review, edit, modify, alter, remove, delete, or block any of Your Content in Our sole discretion and without any further obligation to You.
We, Our customers, Our affiliates, Our employees, and Our representatives may collect, use, store, and disclose all or part of Your Content in any manner, for any purpose, and at any time (including after any termination of these Terms and/or after You discontinue Your use of the Services), and You hereby consent to any such collection, use, storage, and disclosure. By submitting Your Content to the Services, You represent and warrant that You have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. You hereby grant to Us and Our affiliates, employees, and representatives an unlimited, worldwide, royalty-free, perpetual, irrevocable, transferrable, assignable, and unrestricted license to collect, use, store, perform publicly, translate, modify, create derivative works from, publish, and disclose any and all of Your Content in any manner, for any purpose, and at any time (including after any termination of these Terms and/or after You discontinue Your use of the Services). You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
User Content is owned by the author thereof, and Intensive Dietary Management does not claim ownership of original works created and posted by individual visitors to the Services. You acknowledge and agree that We are under no obligation to moderate, review, edit, modify, alter, remove, delete, or block any User Content and that We have no responsibility or liability arising from any User Content, including for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality, or inaccuracy in the User Content. However, Intensive Dietary Management reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Services. You agree that the exercise by Intensive Dietary Management of such discretion shall not convert or transform User Content to content owned or provided by Intensive Dietary Management , and the user who made such User Content available on the Services will retain ownership thereof as described below.
Notification of Claimed Copyright Infringement
In the event that You find content posted on Our Services which You believe to be an infringement of the copyright of any third party, please immediately contact Intensive Dietary Management ’s Copyright Agent as described below. To report any alleged infringement, please contact Us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA“):
Your name, address, telephone number, and email address, and if You are acting on behalf of the owner of the intellectual property, the name of the owner;
1. a statement, made under penalty of perjury, that You are the owner of the copyright or are authorized to act on behalf of the owner;
2. a detailed description of the copyrighted work or other intellectual property that You claim has been infringed;
3. if Your claim is based on a registered work, the registration number, and the date of issuance of the registration;
4. a description of the infringing material and the URL where such material is located on the Services, or a description of where on Our Services You found such material;
5. Your written statement that You believe, in good faith, that the use of the work on Our Services has not been authorized by the true owner of the work, its agent, or as a matter of law; and a statement that all of the information You have provided is true.
Please send Your notice of alleged infringement to Us:
304 Crestwood Road, Bolton, ON, L7E 3V7, Canada
E-mail: [email protected], subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of Intensive Dietary Management to terminate use of Our Services by repeat infringers in appropriate circumstances.
Links to Third-Party Sites
The Services or User Content may contain links or references to third-party internet websites (“Linked Sites”). You acknowledge and agree that the Linked Sites are not under Our control and that We are not responsible for the delivery or contents of any Linked Site, including, without limitation, the content of a Linked Site, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site, nor are We responsible if the Linked Site is not working appropriately. These links are provided to You only as a convenience, and the inclusion of any link does not imply endorsement by Us of the Linked Site or any association with its operators. You are solely responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Restricted Activities
You may not engage in any of the following with regard to the Services (including without limitation posting or transmitting content through the Services):
1. violate or encourage the violation of any Applicable Laws;
2. collect or store personal data about other users of Our Services or solicit personal information from any individual without proper rights or consent of the individual;
3. send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that You have reason to know is false or misleading, or otherwise objectionable messages, as determined by Intensive Dietary Management in its sole discretion;
4. infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content You do not have a right to make available under any law or under contractual or fiduciary relationships;
5. promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
6. disrupt or interfere with the security or use of the Services or any websites or content linked to them;
7. interfere with or damage the integrity of the Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of Services attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to Our Services;
8. use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
9. attempt to use another user, person or entity, misrepresent Your affiliation with a person or entity, including (without limitation) Intensive Dietary Management or create or use a false identity;
10. attempt to obtain unauthorized access to the Services or portions thereof that are restricted from general access;
11. use any meta tags or any other “hidden text” utilizing Intensive Dietary Management name, trademarks, or product names;
attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Services;
13. engage in any activity that interferes with any third party’s ability to use or enjoy the Services; or
14. assist any third party in engaging in any activity prohibited by these Terms.
Further, without Our written consent, You may not:
1. reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any Intensive Dietary Management content or any use of or access to the Services;
2. use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Services or monitor or copy Our web pages or the content contained thereon;
3. deep link to the Services for any purpose; or frame the Services, place pop-up windows over any content, or otherwise affect the display of the Services;
4. access the Services in order to build a competitive Services or to benchmark with a non-Intensive Dietary Management Services; or
5. reverse engineer the Services (to the extent such restriction is permitted by law).
Indemnity
You will not sue Intensive Dietary Management, its parent and affiliated companies, and their respective officers, directors, employees, agents, vendors, suppliers, licensors, distributors, or providers, and hereby waive any and all claims against such parties relating to any loss, damage, or liability whatsoever arising out of or related to Your use of the Services, acts or omissions in response to Your use of the Services, and acts or omissions of other users related to the Services. You will defend, indemnify, and hold harmless Intensive Dietary Management, its parent and affiliated companies, and their respective officers, directors, employees, agents, vendors, suppliers, licensors, distributors, and providers from and against any claims, actions, or demands, including, without limitation, legal and accounting fees, alleging or resulting from Your breach of the Terms, use or misuse of the Services, Your violation of any laws, regulations or third party rights, Your negligent act or omission, Your willful misconduct, or Your reliance on the Services as Medical Advice or any other form of lifestyle or health advice.
License and Ownership
Provided You comply with the Terms, We hereby grant to You a revocable, limited, non-transferrable, non-assignable, non-exclusive, personal license to use the Services in accordance with the Terms, and any other terms, conditions, instructions, or guidelines made available through or in connection with the Services.
The Services are exclusively Our property and are protected by copyright, trade-mark and other intellectual property laws. Any rights not expressly granted by Us to You are reserved by Us, and We disclaim any implied rights and licenses.
You will not copy, reproduce, publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, or create derivative works from the Services and/or any User Content, or any part thereof. You will not assign, sublicense, convey or otherwise transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder with respect to the Services and/or any User Content. You will not copy, reverse engineer, translate, adapt, scrape, store, collect, or modify the Services and/or User Content, or any part thereof. You will not distribute, post, publish, market, co-brand, or private label the Services and/or User Content, or any part thereof. You will not use the Services and/or User Content, or any part thereof: (a) for the benefit of any other person or entity, (b) to create any new content, software, components, designs or tools, including for the purpose of competing with, replacing, or emulating the Services or User Content; (c) use the Services or User Content for any commercial purpose whatsoever; or (d) in competition with Us in any way. You will not cause, assist or permit any third party to do any of the foregoing.
Providing Feedback to Intensive Dietary Management
We welcome Your comments and feedback about Our Services. All information and materials submitted to Intensive Dietary Management through the Services or otherwise, such as any comments, feedback, ideas, questions, designs, data, User Content, or the like regarding or relating to the Services or the business of Intensive Dietary Management (collectively, “Feedback“), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to You, but Intensive Dietary Management reserves the right to treat any such Feedback as the confidential information of Intensive Dietary Management .
By submitting Feedback to Intensive Dietary Management, You assign to the Intensive Dietary Management , free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. Intensive Dietary Management will be entitled to use any Feedback You submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating You in any way. You are responsible for the information and other content contained in any Feedback You submit to Us, including, without limitation, its truthfulness and accuracy.
Termination
If You fail to comply with these Terms, then: (a) You are required to immediately stop using the Services; and (b) the Terms will terminate immediately and without notice to You. In Our sole discretion, We may terminate or restrict Your use of the Services at any time and without notice. We will not be liable to You or any third party for any termination of the Terms or any termination or restriction of Your right to use the Services. In the event that the Terms are terminated for any reason: (i) You are required to immediately stop using the Services; (ii) the license to use the Services as set out herein will terminate contemporaneously; and (iii) with the exception of the license to use the Services, all other terms and conditions in the Terms will survive such termination.
Injunctive Relief
You acknowledge that any violation of these Terms will cause irreparable damage or injury to Us, the exact amount of which may be impossible to ascertain, and that, for such reason, in addition to any other remedies available to Us, We are entitled to proceed immediately to court in order to obtain, and You will consent to, interim, interlocutory, and final injunctive relief restraining You from breaching, and requiring You to comply with, Your obligations pursuant to these Terms, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made. You acknowledge the importance to Us of Your strict compliance with the terms and conditions of these Terms and acknowledge that Our interest in the strict enforcement of these Terms will outweigh the balance of convenience or harm that You may suffer as a result of the strict enforcement of these Terms. Nothing in this Section will be construed to limit the right of Intensive Dietary Management to obtain injunctive relief in any other circumstance in which We may be otherwise entitled to such relief.
Consent to Electronic Communications
By using the Services, You agree that Intensive Dietary Management may communicate with You electronically regarding Your use of the Services and related matters, and that any notices, agreements, disclosures or other communications that Intensive Dietary Management sends to You electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw Your consent to Your receipt of electronic notice, please notify Intensive Dietary Management at: [email protected].
Modifications and Interruptions
We reserve the right to modify or discontinue all or any portion of Our Services with or without notice to You. We will not be liable if We choose to exercise this right. You acknowledge and accept that We do not guarantee continuous, uninterrupted or secure access to Our Services, or that Our Services will be error free. You understand that usage of Our Services may be interfered with or adversely affected by numerous factors or circumstances outside of Our control.
Compliance with Laws
You will comply with all applicable laws and regulations of Canada and other countries (“Applicable Laws”) to ensure that the Services are not used for or in connection with any purpose prohibited by Applicable Laws.
Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You attorn to the jurisdiction of the courts of the Province of Ontario with respect to any proceedings arising from these Terms.
Entire Agreement
These Terms (including the terms herein, the and any terms incorporated herein by reference) constitutes the entire agreement between You and Intensive Dietary Management with respect to the Services. Except as expressly provided herein, these Terms supersede and cancel all previous or contemporaneous written and oral agreements, communications, proposals, and representations relating to the subject matter contained herein.
Notice for California Residents
If You are a California resident, in accordance with Cal. Civ. Code §1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Change of Terms
We may amend these Terms at any time, in Our sole discretion. Your continued use of the Services following any such amendment constitutes Your acceptance of such amendment. You acknowledge that it is Your responsibility to periodically review these Terms and any applicable changes and You hereby waive any entitlement to notice of changes to the terms and conditions contained herein. If You do not agree with any such amendment, then: (a) You are required to immediately stop using the Services; and (b) these Terms will terminate immediately and without notice to You.
Miscellaneous
No failure or delay of Intensive Dietary Management in exercising any right, power or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise of any right, power or remedy under these Terms. If any provision of these Terms is held by a court to be void, invalid, unenforceable or illegal, this will in no way affect the application of such provision in any other circumstance, or the validity or enforceability of these Terms or any other provision herein. Section headings used in these Terms are intended for convenience only and will not affect the interpretation or construction of these Terms. These Terms will inure to the benefit of, and be binding on, both You and Intensive Dietary Management and any successors and permitted assigns. You shall not assign Your rights or obligations under these Terms without Our prior written consent. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.
Associate Program
Intensive Dietary Management Inc. participates in the Amazon Associate Program and as an Amazon Associate We earn from qualifying purchases.
Additional Terms: Apple App Store
These Terms apply to Your use the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”):
Both You and Intensive Dietary Management acknowledge that the Terms are concluded between You and Intensive Dietary Management only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to You on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that You own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, You may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to You will be to refund to You the purchase price, if any, of the Application;
You acknowledge and agree that Intensive Dietary Management , and not Apple, is responsible for addressing any claims You or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, Intensive Dietary Management , and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties;
Both You and Intensive Dietary Management acknowledge and agree that, in Your use of the Application, You will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
Both You and Intensive Dietary Management acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as the third party beneficiary hereof.
Payments, Subscriptions and Automatic Renewals
The Fasting Method Community (“Community”) is a subscription-based Services with monthly or annual memberships that will automatically renew until You cancel Your membership. Subject to the terms below, Your membership can be cancelled anytime by emailing Us at [email protected]. All memberships will remain active until the end of a member’s current billing cycle. If Your subscription started with a free trial, Your chosen method of payment will be automatically billed once Your trial period has ended. Lifetime memberships do not automatically renew.
If for any reason Your payment method is not processed successfully, We reserve the right to suspend Your access to the Community until Your subscription is brought into good standing.
Payment Method
For members that signed up through idmprogram.com or thefasthingmethod.com, Your monthly, annual or lifetime membership payments are processed through PayPal or Stripe, or the applicable application marketplace (such as the App Store or Google Play) (“Payment Processors”). All payment information is handled in accordance with Payment Card Industry (“PCI”) guidelines with Our Payment Processors. Our subscriptions are recurring and renew automatically upon the end of the term. You hereby authorize Us to continue to charge the method of payment You have provided to one of Our Payment Processors until You have cancelled Your subscription.
Refund and Cancellation Policy:
All Community subscriptions are non-refundable, except where required by law or any applicable partner/Services provider terms. Once Your subscription is cancelled You will retain access to Your account until the end of Your current billing cycle. No partial refunds will be issued. All memberships must be cancelled at least a day before Your next billing cycle begins. While We may attempt to processes cancellations submitted thereafter, You are responsible for renewal payments that may process due to any late cancellation.
Free Trials
For new subscribers We routinely offer free trials. Each user is only authorized for one free trial with the exception of current or past subscribers who have purchased a coaching package through Our Personalized Coaching Program who have received a subsequent free trial with the purchase of a coaching package. If We discover a client has abused or circumvented Our free trial offer, We reserve the right to immediately process their payment for the type of subscription they have chosen.
If You are an existing subscriber and You purchased a coaching package that is eligible for a free trial, You must cancel Your current subscription and signup again using the link or promotional code provided to You for the free trial. No refunds will be issued if You failed to cancel Your subscription and signup again using the promotional code or link.
Price Changes
Occasionally We might adjust the pricing of Our subscriptions. For any price increases We will provide existing users with a minimum of 30 days notice. If You do not cancel Your subscription within these 30 days, We would have deemed You in acceptance and agreeance with the new subscription fee.
Promotional Offers
If You subscribed to the Community through a promotional offer, the offer is valid for one use only and for the time specified in the offer. After Your promotional period has ended, Your membership will be renewed at the current subscription fee.
If You received a coupon code with the purchase of a Coaching Package, the coupon code is valid for one use and may not be shared with other potential users. If We find that the code has been shared, We reserve the right to immediately charge or delete the shared users’ account.
Product Specific Terms
Please note, some products and services (such as our Masterclass Services) may be subject to additional Terms and Conditions. Please see the applicable purchase terms, refund policies, and related conditions on Our Website or that have been provided to You in connection with Your purchase or subscription.
Welcome to The Fasting Method (“TFM”) by Intensive Dietary Management (“IDM”)! Before you participate in TFM, it is important that you read, understand and agree to the following that describes the purposes, risks and benefits of TFM.
Introduction and Purpose:
TFM uses an intensive form of dietary therapy called fasting (which involves abstaining from food for a certain prescribed period of time). The hope is that this can be an effective form of dietary therapy and improve health conditions for some individuals.
Your participation is entirely voluntary and at your own choice. You can choose to not participate at any time.
TFM:
TFM may not be suitable for everyone. By participating, you agree that:
You have consulted with and obtained consent from your physician to participate in TFM, and your physician has determined that it is medically safe for you to do so; and
You will continue to meet and consult with your physician regularly throughout your participation in TFM, including in relation to: obtaining regular medical exams (with blood and urine tests as necessary to avoid low or high blood sugar), and regular advice relating to any medication, treatment, or physical exercise needs; and
You are not pregnant, suspect that you are or might become pregnant or are currently breastfeeding.
You are at least 18 years of age or older and are of at least the age of majority in your country of residence.
You also acknowledge and agree that TFM is not a medically supervised program, and that you and your physician are in all instances responsible for your own medical care, direction and advice. In particular:
TFM is facilitated by IDM staff (including independent contractors and agents acting on IDM’s behalf). These staff members are not medical doctors, nurses, pharmacists or regulated health professionals. They cannot give medical advice, diagnose, treat or evaluate medical conditions, interpret medical results, or issue or change prescriptions. They may give you dietary information.
Nothing obtained through our website (thefastingmethod.com), IDM staff or representatives shall be interpreted as a substitute for medical advice. IDM does not endorse any specific tests, products, or procedures.
You are aware that your participation in TFM does not replace the need for regular medical exams or consultations. Medical monitoring is especially important for people with a known or pre-existing medical condition. During and after completion of TFM, you agree to continue medical care with your regular physician.
In the event that you have any issues or questions about TFM and its impact on your health, you agree to consult with your physician immediately before proceeding.
Especially if you have any pre-existing medical conditions, electrolytes, blood counts and urinary tests should be monitored to ensure your safe use of the Program by your physician.
TFM’s Community, Coaching Program and Masterclass program are offered exclusively online. All appointments and classes are solely offered online through video conferencing software. You recognize that it is your responsibility to ensure you have a stable and reliable internet connection to participate in any TFM programs. A dial-in phone number may not be available for all appointments. TFM strongly recommends that you log in a few minutes before your appointment to attempt to troubleshoot any possible technological issues.
Risks of Participating in TFM:
Like other forms of dietary therapy, there are risks of participating in TFM. These include, but are not limited to:
Low Blood Sugar (Hypoglycemia) – For certain individuals, during the intensive period of the dietary therapy, your need for medications and/or insulin may be reduced. You will need to be closely monitored by your physician for the occurrence of low or high blood sugar levels. If you develop low blood sugar, you should immediately take steps to correct the situation even if it means breaking the fasting period. In all respects, you must seek the medical advice of your physician. TFM can only provide you with dietary information.
Low Blood Pressure (Hypotension) – During the intensive period of the dietary therapy, it is possible that your blood pressure may be reduced and especially if you are taking blood pressure medications, you may feel dizzy or faint. You need to be closely monitored for this occurrence by your physician. If you develop any of these symptoms, you should report them to your doctor immediately.
Inter-current Illness – If you become sick for any reason, it is expected that you will immediately stop the dietary protocol and seek medical advice from your physician. Feelings of persistent nausea, vomiting, feelings of unwellness, fatigue, palpitations, hypoglycemia, feeding syndrome are NOT NORMAL and not part of TFM.
Other common side effects include but are not limited to –
increased hunger and/or thirst, bad breath, rash, constipation and/or diarrhea, flu-like symptoms (headaches, dizziness, muscle cramps, mental fog lethargy), hair loss insomnia and/or restlessness.
Potential aggravation of pre-existing conditions or possible side effects that can be induced by fasting – acid reflux, gout and kidney stones.
There may also be other serious risks to participating, depending on your personal health status, condition or medical needs. Please consult with your physician before and during any participation in TFM.
Confidentiality:
All personal information you submit to TFM will be treated as confidential and private, and used in accordance with our Privacy Policy. If you signed up through one of our business partners, TFM may share information about your use of our services, including the frequency of usage and types of features used, with these business partners for research and development purposes. If you have questions about our privacy practices, please contact [email protected].
If you are currently being seen by more than one of our Coaches and other practitioners, or have previously seen one Coach and have signed up with a new one, you grant us the right for the notes to be shared between the Coaches and other practitioners
Nadir M Ali, MD PLLC
Online Consults are cash pay services that are not covered by health insurance. Online consults are not intended to establish a provider-patient relationship as our providers are unable to diagnose, treat or prescribe medication without a face-to-face encounter, as mandated by US state licensing regulations. Our healthcare professionals can however discuss online the general approaches to specific health and lifestyle concerns with clients. All communication is private and protected. We maintain a secure record of all communication.
Waiver, Release and Indemnification:
I hereby waive, release and forever discharge the officers, directors, members, representatives, successors and assignees of The Fasting Method, Nadir M Ali, MD PLLC. Intensive Dietary Management Inc. (collectively, “Releases”), from any and all actions, causes of action, damages, lawsuits, claims, demands, costs and expenses and any other liability for injuries, damages or any kind whatsoever, whether in law or in equity (collectively, “Claims”) resulting directly or indirectly from my participation in the Program. I further agree to hold harmless and indemnify the Releasees from any and all Claims which hereinafter may be brought or made against the Releasees for any damage or personal injury, including illness or death, to any third party or myself, resulting directly or indirectly from my participation in the Program offered by or associated with the Releasees. I understand and agree that the office will not file a claim to my insurance on my behalf and understand at this time I will not be able to file a claim on my own to my insurance for reimbursement for services performed by Nadir M Ali, MD, PLLC. I understand and agree that the Releasees shall assume no responsibility or liability for me for accident, illness or damage resulting from my participation in the Program.
BY ACCEPTING THESE TERMS I AGREE THAT I HAVE FULLY READ, UNDERSTOOD AND CONSENT TO THE RISKS, TERMS AND CONDITIONS OF PARTICIPATING IN THE PROGRAM AND THE BILLING TERMS.
WITH FULL KNOWLEDGE OF THE FOREGOING, I AGREE TO PARTICIPATE IN THE PROGRAM AT MY OWN RISK. I AGREE TO SEEK REGULAR MEDICAL ADVICE FROM MY PHYSICIAN AT ALL TIMES DURING MY PARTICIPATION IN THE PROGRAM.
Last updated and effective as of: November 13 , 2024
Intensive Dietary Management Inc. (DBA The Fasting Method) stores and uses Personal Information (as defined below) in order to provide our Services and for certain business and commercial purposes, described below. Please read this Privacy Policy carefully to understand how we collect, use, share, and process your Personal Information, as well as your rights and choices regarding how we process your Personal Information.
When you use our Services you acknowledge that you have accepted the practices we describe in this Privacy Policy. If you do not agree with these practices, please do not use or access the Services.
This Privacy Policy applies to our “Services” which include:
our “website(s)” which include idmprogram.com, thefastingmethod.com and other websites where we link to or post this Privacy Policy, including any subdomains or mobile versions;
the Intensive Dietary Management mobile applications (“Mobile Apps”); and
our online platform and related services available through our website and Mobile Apps, except as otherwise specified below (“Platform”).
This Privacy Policy does not apply to information processed by third parties, for example, when you visit a third-party website or interact with third-party services, unless we process information from those parties. Please review any relevant third party’s privacy policy for information regarding their privacy practices.
Tip: If you are a resident of California, the EEA, UK or Switzerland, see the “Supplemental Disclosures” sections below for additional information.
“Personal Information” means information that relates to an identified or identifiable individual and which is submitted to and/or collected by Intensive Dietary Management and maintained by Intensive Dietary Management in an accessible form, in the course of our commercial activities.
Note: Certain Personal Information we collect (such as health data) may include categories of data (such as health data) considered to be Special Category Data subject to additional protections under applicable law. “Special Category Data” generally includes any information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
When you use our Service, we may collect the following categories of Personal Information:
Identity Data:
Personal Information about you and your identity, such as your name, username, biographic/profile information, employment, and other Personal Information you voluntarily provide us on registration forms or as part of an account profile.
Contact Data:
Identity Information used to contact you, such as your email address, physical address, or phone number.
Financial Data:
Information relating to financial accounts or payment, such as a credit card number, bank account, or similar payment method
Transaction Data:
Personal Information we collect in connection with a transaction or purchase or relating to Services you are interested in.
Device/Network Data:
Personal Information relating to your device, browser, or application, for example, IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session history and similar browsing metadata, and other data generated through applications and browsers, including via cookies and similar technologies.
User Content:
Personal Information included in content provided by users of the Services in any free-form or unstructured format, such as in a “contact us” box, free text field, in a file or document, or messages to us.
Inference Data:
Personal Information inferred about personal characteristics and preferences, such as predicted creditworthiness, demographics, interests, behavioral patterns, psychological trends, predispositions, or behavior.
Physical Data:
Personal Information relating to physical characteristics, such as your height and weight (this may be classified under applicable law as Special Category Data)
Health Data:
Personal Information relating to health or medical conditions, allergies, dietary restrictions, and related information (this may be classified under applicable law as Special Category Data)
Information you provide: We collect Personal Information directly from you. We will ask you for Personal Information when you interact with us, such as when you register on our websites, sign up to receive a newsletter, or make a purchase.
Automated Collection: If you interact with us online, we use cookies and other technological tools to collect information about your computer and your use of our website and platforms.
Service Providers: We receive Personal Information from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Partners: We may receive information from partners that refer users to our Services, or that act as resellers or agents collecting information on our behalf (“Partners”).
Data we create or infer: We (or third parties operating on our behalf) create and infer Personal Information (such as Inference Data) based on our observations or analysis of other Personal Information we process, and we may correlate this data with other data we process
Comments, ratings, favorites, questions and similar information
When you submit User Content to Intensive Dietary Management to comment on posts and articles, rate a recipe or video, answer a question, or mark content as favorite or to watch later, we may collect Device/Network data, such as the internet address you are using will be stored, as well as the User Content you provide and the Identity Data associated with your account. We use this information to operate our Services, to create certain Inference Data (e.g. to improve recommendations and understand your preferences), and we may associate such information with your user profile.
Please note: In some cases, if you comment on a public post, forum, or related area of the Services, the Personal Information you provide may be public.
Registration and Member information
A member’s Identity Data, Device/Network Data, Physical Data, Health Data, Contact Data, such as name, email address and internet address used when registering for the Services, or if you want start a Subscription. If you subscribe, we may also collect and process certain Financial Data in order to process your payment transaction, as well as Commercial Data relating to the transaction and goods/Services you purchased. When you use your account, we may also generate and process Inference Data, (e.g. video views, ratings, last visit etc.) in connection with our recommendations and preferences tools.
We primarily use this data as necessary to create, maintain, and provide you with important information about your account, and to otherwise provide the Services and features you request. We use Financial Data and Personal Information collected in connection with your payment only as necessary to process the billing and payment transaction, to contact you with information regarding the transaction (e.g. payment success or failure, or transaction confirmation), and for security/antifraud and other internal business purposes (described below). When we process Special Category Data, as necessary to fulfill a transaction you request, for the vital interests of the individual, and where required by law, in accordance with your consent
Marketing Communications
With your consent, we may send you commercial electronic messages to the email address you provided, including newsletters, information about our products and Services, and other information and news that we believe may be of interest to you. We may process Identity Data, Physical Data, Device/Network Data and Contact Data in connection with these marketing communications we may also automatically collect Device/Network Data when you open or interact with those marketing communications.
Note, where allowed by law, you might receive marketing communications if you register for an account, choose to receive marketing communications, or engage in a transaction allowing us to send you those marketing communications.
If you no longer desire to receive these communications, you have the right to withdraw your consent to receive future communications at any time. To unsubscribe to commercial electronic messages from Intensive Dietary Management use the following link: Unsubscribe.
When you Use our Services
When you use our Services, we automatically collect and process Device/Network Data (including using cookies and similar technologies). We may also collect and process Contact Data, Identity Data, and Inference Data that we collect, create, and/or receive. We use this information as necessary to initiate or fulfill your requests for certain features, or enable the functionality of our Services, such as keeping you logged in, delivering pages, etc. we may also stores standard access logs of all visits to the site. This includes access time, URL, internet address, and browser information.
Surveys and Contact Us Forms
We also process Personal Information if you respond to a surveys, contact us, or reply to via email or other communication from Intensive Dietary Management. We process Identity Data, Contact Data, and User Content if you choose to do. We may receive that data from a third party if and to the extent provided to us by a third party (e.g. contact or communications platforms). We use Identity Data, Contact Data, and User Content as necessary to communicate with you about the subject matter of your request and related matters, to manage the survey, and for other business purposes described below.
Where permitted by law, may also use Identity Data and Contact Data to in connection with Marketing Communications, if relevant to your request, such as when you request more information about our Services.
Promotions and Offers
We may process Identity Data and certain Contact Data if you choose to register for special promotions and offers such as sweepstakes or contests. Note, some special promotions and offers are operated/controlled by us, and others are operated/controlled by third parties. We may receive this data from third parties to the extent allowed by the applicable partner; otherwise, this Privacy Policy will not apply.
Note: If you win a promotion, your acceptance of a prize may allow us to make certain Personal Information public, e.g. posting your name on a winner’s page. See the applicable program’s terms and conditions for details.
Cookies & Similar technologies
Intensive Dietary Management uses cookies and similar technologies on our Services. These technologies make it possible to place orders, to manage your account information, and to help us better serve you when you visit the website. Some cookies are stored on your computer until you delete them. It you want to avoid storing cookies, you can turn off the feature in your web browser. However, this may negatively impact your user experience (for example, you will not be able to log in or register as a member). Please note that the privacy policies of third parties may also apply to these technologies and the Personal Information collected through them, and some of these technologies can be used to identify you across devices, sites, and other services.
We, and certain third parties, may process Identity Data, Contact Data, and Device/Network Data when you interact with cookies and similar technologies on our Services.
We may receive this information from third parties to the extent allowed by the applicable partner.
We may use this information as follows:
for “essential” or “functional” purposes, such as to enable certain features of the Services, or keeping you logged in during your session;
for “analytics” and “personalization” purposes, consistent with our business interest in how the Services are used or perform, how users engage with and navigate through our Services, what sites users visit before visiting the Services, how often they visit the Services, and other similar information, as well as to greet users by name and modify the appearance of the Services to usage history, tailor the Services based on geographic location or Customer, and understand characteristics of users in various technical and geographic contexts; and
for retargeting or online advertising (described below), such as:
for social media integration e.g. via third-party social media cookies, or when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook or Twitter;
to collect information about your preferences and demographics to help target advertisements which are more likely to be of interest to you using behavioral advertising; and
to allow us to carry out retargeting (this includes, for example, when advertisements are presented to you for products or Services which you have previously looked at on a website but have not purchased).
In addition to the processing described above, we generally process Personal Information for several common purposes in connection with certain business purposes. Applicable law may grant you certain rights and choices with respect to the processing described in this section as this processing is based on our legitimate business interests. See the rights and choices section below for more information.
Service Provision and Contractual Obligations
We process any Personal Information as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you. For example, to provide you with the information, features, and Services you request. We may also use Personal Information to fulfill any contracts we have with you. Similarly, we may contact you about important announcements and updates regarding our Services, for customer inquiries and the resolution of problems associated with the Services, to provide you with information you request, and otherwise in relation to your transactions or use of the Services.
Personalization
We process Personal Information in connection with our legitimate business interest in personalizing the Services. For example, the Services may be customized to you so that it displays your name, reflects your preferences or to display content that we think may be of interest to you based on your interactions with our Services, questionnaires, purchases, etc. This processing may involve the creation and use of Inference Data relating to your preferences.
Internal Processes and Service Improvement
We may use any Personal Information we process through our Services as necessary to improve the design of our Services, understand how our Services are used or function, for customer service purposes, to create and analyze logs and metadata relating to the use of our Services, and to ensure the security and stability of the Services. Additionally, we may use Personal Information to understand what parts of our Services are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
Aggregate Analytics
We process Personal Information as necessary in connection with our creation of aggregate analytics relating to how our Services are used, the products and Services our users purchase, use, and in what ways, to create service delivery metrics, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate information will not contain information from which an individual may be readily identified.
Security and Fraud Detection
Whether online or off, we work to ensure that our Services are secure, and we work to prevent fraud on our Services. We may process any Personal Information we collect in connection with our business interest in ensuring that our properties and locations are secure, to identify and prevent crime, prevent fraud, and ensure the safety of our users. Similarly, we process Personal Information on our Services as necessary to detect security incidents, protect against, and respond to malicious, deceptive, fraudulent, or illegal activity. We may analyze network traffic, device patterns and characteristics, maintain and analyze logs and process similar Personal Information in connection with our information security activities.
Research and Public Health
We may also process and disclose your Personal Information for uses related to medical research, public health, and for other research and public health/safety grounds, to the extent and under the conditions allowed by applicable law
Compliance, Health, Safety & Public Interest
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Information subject to this Privacy Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfil our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the information sharing section for more information about how we disclose Personal Information in extraordinary circumstances.
Other Processing of Personal Information
If we process Personal Information in connection with our Services in a way not described in this Privacy Policy, this Privacy Policy will still apply generally (e.g. with respect to users’ rights and choices) unless otherwise stated when you provide it.
In general, Intensive Dietary Management will not share your details with any third party unless required to do so by law, or as provided below. We may also share your Personal Information with our service providers, sub-contractors and agents in order to process your transactions and to manage the client relationship.
We generally disclose your Personal Information to third parties as follows:
Service Providers
In the event that we outsource certain operational processes, or in connection with our product/Service improvements, to enable certain features, and in connection with our other business purposes, we may share Personal Information with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may disclose information as part of our own internal operations, with vendors such as cloud-hosting providers, CRM providers, payment processors, IT security vendors, and other utilities or functions.
Partners
If you subscribe to or are referred to our Services through a Partner, we may share with that Partner certain information relating to your use of the Services. For example, we may share with the Partner information about how the types of features you use, how often you use the Services and certain features, as well as aggregated information around use of the Services and trends among individuals that subscribed to the Services through the Partner.
Corporate Events
In the event that we intend to sell or transfer ownership or control of any or all of our business, operations or services to a third party. In such case, we reserve the right to disclose your personal information to a potential buyer both before and after the purchase. However, in the event the sale goes through, we will require that the receiving party agree that they will be similarly bound by the provisions of this privacy policy and that they will only use and disclose your personal information as we are similarly entitled under this privacy policy. In the event the sale does not go through, we will require the potential purchaser to not use or disclose your personal information in any manner whatsoever and to completely erase the same.
Affiliates
In order to streamline certain business operations, develop products and services that better meet the interests and needs of our users, and for other authorized purposes, we may share your Personal Information with any of our current or future affiliated entities, subsidiaries, and parent companies.
Legal Disclosures
In limited circumstances, we may, without notice or your consent, access and disclose your Personal Information, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use or a Services Agreement, or in the vital interests of us or any person. We may, in our sole discretion (but without any obligation except as required by law), object to the disclosure of your Personal Information to such parties.
Service Provider List
Below is a list of the third-party providers Intensive Dietary Management uses and what information these have access to, as well as the purposes for which they process your Personal Information:
Akismet anti-spam service
Intensive Dietary Management shares information about all blog comments to help avoid comment spam.
Cloudflare
Intensive Dietary Management uses content delivery services to speed up access to the site. As requests to Intensive Deitary Management pass through these services they will get standard access information for each request sent.
PayPal, PayPal Payments Pro, and Stripe
Intensive Dietary Management uses PayPal, PayPal Payments PRO and Stripe to process payments. When you pay, the information required to process the payment is handled by our payment-service providers PayPal, PayPal Payments Pro and Stripe
Google Analytics
Intensive Dietary Management uses Google Analytics to help Us understand how our website is used. As a result, Google Analytics stores cookies on our site.
MailChimp
Intensive Dietary Management uses MailChimp to send our newsletters and some other e-mails (such as for the 2-week challenge). For those who are signed up to the newsletters MailChimp will store e-mail information, and information about how you interact with individual e-mails (like open and click rates).
Sharing buttons and widgets for Facebook, Instagram and Twitter
Intensive Dietary Management uses social-media technology to allow you to share Intensive Dietary Management content. These services use their own third-party cookies.
Vimeo and YouTube
Intensive Dietary Management uses video services (Vimeo, YouTube, etc.) that store their own third-party cookies.
Heads Up Health
Intensive Dietary Management uses Heads Up Health to allow you to track health markers and to share them with. These services use their own third-party cookies. Please click here to view Heads Up Health Terms & Conditions and Privacy Policy.
Zendesk
Intensive Dietary Management uses Zendesk for customer service.
LeadQuizes
Intensive Dietary Management uses the online quiz maker on its website. These services use their own third-party cookies. Please click here to view LeadQuizes Terms & Conditions and Privacy Policy.
Acuity Scheduling
Intensive Dietary Management uses Acuity Scheduling to manage its coaching business. Any information inputted into appointment forms is stored by Acuity. These services use their own third-party cookies. Please click here to view Acuity’s Terms & Conditions and Privacy Policy.
Applicable law may grant you rights in your Personal Information. These rights vary based on your location, state/country of residence. Your rights and our obligations may be subject to certain exemptions in applicable laws and may be limited by other individuals’ rights in their own data. If and to the extent applicable law grants you rights in the Personal Information we process, you may submit a request to exercise those rights by contacting us at [email protected].
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Information. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. If you used our Services on a Client Site, please contact the Client for any data rights requests.
You may have the following rights in your Personal Information
The Right to Request and Modify Personal Information
You have a right to access, correct or delete your Personal Information in Intensive Dietary Management’s custody or control, subject to limited exceptions.
In some circumstances, we may not be able to provide access to your Personal Information, for example if it contains the Personal Information of other persons, if it constitutes confidential commercial information, or if it is protected by solicitor-client privilege. If we deny your request for access to, or refuse a request to correct, your Personal Information, we will advise you of the reasons for this refusal.
Consent
If you consent to processing, you may withdraw your consent at any time. You may be required to close your account in order to withdraw consent where your consent is necessary to perform essential aspects of our Services.
Direct Marketing
You have the choice to opt-out of or withdraw your consent to marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us using the following link: Unsubscribe.
Cookies & Similar Tech
You may opt out or withdraw your consent to online advertising. You must opt out of certain third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Intensive Dietary Management retains Personal Information it collects only as long as it is necessary to completely fulfill our Services or remains appropriate given the purpose for which it was originally collected. We will review retention periods periodically, and if appropriate, we may de-identify or anonymize data held for longer periods
Intensive Dietary Management is committed to ensuring the security of customer Personal Information in order to protect it from accidental loss and from unauthorised access, collection, use, alteration or disclosure. Intensive Dietary Management has put reasonable physical, organizational, and technological security measures in place for Personal Information, whether in paper, mechanical, electronic or other form, to ensure the security of this information. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your Personal Information for improper purposes.
We are a Canadian company with U.S. affiliates, and we may use service providers located in the U.S. and Canada, and you acknowledge that your Personal Information will be transferred to the U.S. and Canada for processing.
Our Services are neither directed at nor intended for use by minors under the age of majority in the relevant jurisdiction. Further, we do not knowingly collect Personal Information from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. If you provide Personal Information relating to a minor, you agree to our processing of that Personal Information as provided in this Privacy Policy. Do not provide any information relating to a minor (or any third party) unless you have all necessary rights to do so.
We may change this Privacy Policy from time to time. Please visit this page regularly so that you are aware of our latest updates. Your use of the Services following notice of any changes indicates acceptance of any changes.
Contact Us
Feel free to contact us with questions or concerns using the appropriate address below.
General inquires: [email protected]
Mailing Address: 304 Crestwood Road, Bolton, ON, L7E 3V7, Canada
Data rights requests: [email protected]
If and to the extent the California Consumer Privacy Act (“CCPA”) applies to us and the Personal Information we process, and as provided under other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
Privacy Rights
Right to Know
You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Information we have collected about you, or that we have sold or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Information was collected; (3) the business or commercial purpose for which we collected or sold your Personal Information; (4) the categories of third parties to whom we have sold your Personal Information, or disclosed it for a business purpose; and (5) the specific pieces of Personal Information we have collected about you. See below for a table summarizing this information.
Right to Delete
You may have the right to have us delete (or deidentify) certain Personal Information that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination
You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing
You may have the right to request a list of Personal Information we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale
At this time, we do not sell Personal Information. If we engage in sales of Personal Information in the future (as defined by applicable law), you may direct us to stop selling or disclosing Personal Information to third parties for commercial purposes.
Submission of Rights Requests
If and to the extent the CCPA applies to you and the Personal Information we process, you may submit requests, via at [email protected]. See below for information regarding information that you must submit to verify your identity.
Verification of Rights Requests
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Information. We may require that you provide the email address we have on file for you (and verify that you can access that email account) and we may request additional information such as an address, phone number, or other data we have on file, in order to verify your identity. Depending on the sensitivity of the Personal Information you request and what type of request you submit, we may request additional information from you. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
Supplemental Data Processing Disclosures
Categories of Personal Information Disclosed for Business Purposes
For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Information: Identity Data; Contact Data; Financial Data; Transaction Data; Device/Network Data; User Content; Inference Data; Health Data.
Data Sale
For purposes of the CCPA, we do not “sell” your Personal Information.
Controller
Intensive Dietary Management Inc. is the data controller for Personal Information collected under this Privacy Policy
Legal Basis for Processing
All processing of your Personal Information is based on one of a number of legal bases. Generally, these will be:
Consent – e.g. when we place cookies which process Personal Information, for email marketing from our third-party partners, and when we process Special Category Data for purposes other than to fulfill a request or for the vital interests of an individual, or to comply with a legal obligation. Where we rely on your consent you have the right to withdraw it anytime by closing your account.
Contractual Necessity – This processing is necessary to perform the contract governing our provision of the Services or to take steps that you request prior to signing up for the Services. This may include processing that is in connection with operations that are necessary to provide the Services themselves. For example, we process on the basis of contractual necessity when we process a payment from you or deliver requested Services.
Legal Obligations – This processing is necessary for us to comply compliance with our legal obligation (e.g., for tax or fraud reporting, or where we are required to disclose information to a court or other governmental authority);
Legitimate interests – This processing we undertake as necessary for common business purposes. We balance any potential impact on you when we process your Personal Information for our legitimate interests. You may object to this processing as permitted by law. For example, our legitimate interests include:
Direct marketing;
Determining the effectiveness of marketing campaigns;
To create, provide, support, maintain, and improve the functionality and performance of our Services, and operate our business; and
To secure our Services and network, investigate suspicious activity or violations of our terms or policies; and to protect the safety of Personal Information, including to prevent exploitation or other harms to which users may be particularly vulnerable.
Other – We may process and disclose Personal Information where it is in the vital interests of a data subject, to comply with a legal obligation to which we are subject, in the public interest, for public health purposes and medical or scientific research, or other appropriate legal ground which may apply under applicable law.
Your Rights
Subject to applicable law, as a resident of the EEA/UK/Switzerland, you may have some or all the following rights regarding your Personal Information. You may submit requests to [email protected] (subject line: Rights Request).
Access
You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Information and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Information, to the extent required and permitted by law.
Rectification
You may correct any Personal Information that we hold about you to the extent required and permitted by law.
Delete
To the extent required by applicable law, you may request that we delete your Personal Information from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Information will be erased in connection with your request.
Data Export
To the extent required by applicable law, we will send you a copy of your Personal Information in a common portable format of our choice.
Right to Object
Where we process Personal Information on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict
You may have the right to restrict processing of your Personal Information where the accuracy of the Personal Information is contested, the processing is unlawful but you object to deleting the Personal Information, or we no longer require the Personal Information, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing
To the extent we process Personal Information using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact
You may have the right to file a complaint with regulators about our processing of Personal Information. To do so, please contact your local data protection or consumer protection authority.
EEA/UK/Swiss residents should be aware that we are headquartered in Canada with affiliates in the United States. Your Personal Information will routinely be transferred to and stored in the Canada or the United States for processing. Although Canada has obtained an “adequacy” decision from the European Commission, the U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the Standard Contractual Clauses (e.g. eligibility data from Clients), or other adequacy mechanisms, or pursuant to exemptions provided under GDPR (e.g. if you consent when you register). Contact us for additional information regarding the mechanisms to ensure adequate protection of data subject to the laws of the EEA, UK or Switzerland.