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DR. DITCHEK™ PRIVACY POLICY

Last Updated: November 15, 2007

Thank you for visiting the www.DrDitchek.com website (“Website”), which is owned, operated and maintained by Pediagreen, LLC, a provider of online information, products and services for optimum health and wellness (“Dr. D™,” “Pediagreen,” “we,” or “us”). This notice outlines the privacy policies associated with the Website. By visiting the Website, you are accepting the practices described in this privacy policy (“Privacy Policy”). This Privacy Policy covers our treatment of Personal Information (as that term is defined below) that we collect when you: (a) register as a member on the Website (“Member”), which enables you to access the various Member-based services (“Services”); or (b) otherwise make a purchase of the products and/or services offered by and through the Website. It is important that visitors are fully informed about the use of their Personal Information. We believe in 100% permission-based marketing.

If you are a resident of the State of California or Vermont and would like to opt-out from the disclosure of your Personal Information to any third party for marketing purposes, please e-mail us at: Unsubscribe@DrDitchek.com. Please be advised that where California and Vermont residents opt-out from permitting their Personal Information to be shared, such individuals may still receive selected offers directly from us, in accordance with the law.

THE INFORMATION PROVIDED TO YOU BY DR. D™ IS NOT CONSIDERED PROTECTED HEALTH INFORMATION UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”). AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS OF USE.

Your IP Address

Each time that you visit the Website, our web server automatically recognizes your IP address and the web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you. We also use your IP address to help diagnose problems with our servers, to administer the Website and to better serve you in using the products, services and other features contained within the Website.

Non-Personally Identifiable Information

We may collect certain non-personally identifiable information about you when you visit many of the pages of the Website. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Netscape, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).

We use the non-personally identifiable information that we collect to improve the design and content of our Website and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Website usage, as well as to offer you products and services. We also reserve the right to use aggregate or group data about our visitors for any and all lawful purposes. Aggregate or group data is data that describes the demographics, usage and/or characteristics of our visitors as a group. By visiting and/or supplying your personal Information at this Website, you agree to allow us to provide such aggregate data to third parties.

Cookies

We use cookies to deliver content specific to your interests. Cookies are text files that we place in your computer's browser to store your preferences. Cookies do not personally identify you in any way. You can disable cookies through your Internet browser. If you wish, you may set your browser to reject all cookies and still view the Website. To find out more about cookies, please visit www.cookiecentral.com.

Personal Information We Collect From You

By registering with, making a purchase at or providing Personal Information to, the Website, as well as providing permission to receive marketing offers, users allow us and our affiliates to make their personally identifiable information (other than Sensitive Information as defined below) available to third parties in accordance with the terms of this Privacy Policy. While on the Website, we may collect “Personal Information” from you. For the purposes of this Privacy Policy, Personal Information shall mean individually identifiable information from or about an individual including, but not limited to: ((a) your full name; (b) mailing address; (c) e-mail address; (d) telephone number; (e) date of birth; (f) gender; (g) credit or debit card information (where applicable); (h) name(s) of your child(ren) that you would like to include in the Services (“Participating Children”); (i) age(s) of Participating Children; (j) gender of Participating Children; and/or (k) any other information requested on the applicable form (collectively, “Registration Data”).

How We Use Personal Information

This Privacy Policy applies to consumers that have agreed to receive e-mail marketing from us. By submitting your Personal Information on the Website (regardless of whether you complete an order for products), you agree that we may use such Personal Information for any lawful purpose, subject to any restrictions contained herein. We may also sell the Personal Information that you supply to us, other than credit card information and information associated with Participating Children (collectively, “Sensitive Information”), to any third party and we may work with other businesses to bring selected retail opportunities to our users. These businesses and third parties may include, but are not limited to: (a) providers of the products and/or services that you registered for on the Website; (b) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (c) e-mail marketers; (d) telemarketers; and (e) direct marketers.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users’ Personal Information, other than the Sensitive Information, as needed to perform their functions for us but we do not permit them to use your Personal Information for other purposes.

Additionally, we purchase and manage e-mail lists generated by third parties. Users may remove themselves from a specific mailing list by utilizing the unsubscribe options that are present and available at the end of each piece of e-mail that we send.

We will also use your Personal Information for customer service, to provide you with information that you may request, to customize your experience on the Website and/or to contact you when necessary in connection with transactions entered into by you on the Website. We may also use your Personal Information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources. We may use third parties to help us operate our business and the Website or to administer activities on our behalf. We also reserve the right to release current or past user information in the event that we believe that the user is using, or has used, our products, services and/or Website: (i) in violation of the terms and conditions of this Privacy Policy or any other of our operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published by us from time to time; (ii) to commit unlawful acts; (iii) if such information is subpoenaed; (iv) if we are sold or acquired; (v) or when we deem it necessary or appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission implementing regulations. Without limiting the generality of the foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute any and all Personal Information, other than the Sensitive Information, with/to any third party for any and all uses permitted by this Privacy Policy and applicable law.

In addition, by registering at the Website, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and the applicable state do-not-call regulations.

In addition, you agree that by submitting your Personal Information at the Website, you agree to receive mobile marketing including, but not limited to, text-message based marketing, from us. As such, notwithstanding that your mobile telephone number may be listed on state and/or federal Do-Not-Call registries, we retain the right to contact you via text-message based marketing in accordance with applicable state and federal law. Further, you agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute your mobile telephone and other mobile data with/to any third-party for any and all marketing and non-marketing uses permitted by this Privacy Policy and applicable law.

You may unsubscribe from any of our e-mail marketing programs at any time. In every e-mail communication that we send, there is an unsubscribe hyperlink that allows the recipient to unsubscribe from the specific marketing program by simply clicking the hyperlink provided and following the instructions that follow. We attempt to process all unsubscribe requests in a prompt fashion. However, after unsubscribing, we cannot guarantee that you will never receive another mailing from us, because we may obtain your e-mail address in the future through a different e-mail marketing program that you have opted into. We can guarantee, however, that if you should ever receive another e-mail communication from us, you will be able to remove your e-mail address via the unsubscribe hyperlink. We are able to offer our free services, in part, based upon the willingness of our users to be contacted by our marketing partners, including affiliated third party advertisers. By allowing us to make the information that you supply available to our marketing partners, you will receive free product and service information that may be of interest to you. You may, at any time, notify us that you do not wish to have your Personal Information disclosed to third parties for offers and promotions by sending an e-mail to Unsubscribe@DrDitchek.com.

We will never disclose any credit card information to any third-party marketers or other non-governmental entity. Notwithstanding the foregoing, we may: (1) share the fact that we have credit card information on file for specific users of the Website but we will not share your specific credit card information with such third parties without your prior informed consent; (2) share your credit card information with consumer credit agencies; and (3) disclose your credit card information to third party processors for the sole purpose of effectuating transactions that you enter into at the Website.

Other Websites

The Website may contain links to other third-party owned and/or operated websites. Dr. D™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of their third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Dr. D™ has no responsibility or liability relating to them.

Our Security Precautions

All collected information is stored in a technically and physically secure environment. When our registration/application process prompts users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that information is encrypted and is protected with SSL encryption software. While we use SSL encryption to protect Sensitive Information online, we also do everything in our power to protect other user information both online and off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. All of our users' information, not just Sensitive Information, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to Personal Information. Furthermore, access to this information is strictly limited, and not accessible to the public. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our firm policies are subject to disciplinary action.

Please note that any attempt to breach the security of the network, our servers, databases or other hardware or software supporting this Website or other websites under the control of Dr. D™ constitutes a crime punishable by law. We will turn over to authorities, any and all evidence relating to a potential breach of security or other abuse against the network, servers, databases or other such supporting equipment or software. In compliance with applicable federal and state laws, we shall notify you in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

No information should be submitted to, or posted at, the Website by visitors under eighteen (18) years of age. Persons eighteen (18) years of age and younger are not permitted to access the Website and we do not knowingly collect Personal Information from such individuals. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Opt-Out/Unsubscribe

At your request, we will remove Personal Information that you have provided to us. You may do so by e-mailing us at Unsubscribe@DrDitchek.com. However, deleting your Personal Information or otherwise opting-out of receipt of communications from us or third parties will only change or delete the data in our database for purposes of transacting future business on the Website and for managing future communications from us and third parties. These deletions will not change or delete Personal Information already collected as part of a particular transaction in our database, which may have already been shared with third parties, all as provided above in this Privacy Policy. You will need to contact third parties who may contact you directly to change your preferences or your Personal Information that they may be using to contact you.

We provide users with the option to opt-out from receiving information sent via electronic mailings on behalf of third party advertisers. Users may unsubscribe from receiving e-mails at any time by following the instructions contained at the end of every e-mailing. Unsubscribe requests can only be processed if you have registered with us in the first instance. If you have not registered with us and wish to opt out of receiving e-mails from a particular sender, please consult that sender’s opt out policies or contact that sender.

Information sent on behalf of third party advertisers is prepared several days in advance, so users may continue to receive e-mail from us for up to ten (10) days following the unsubscribe procedures detailed above. If, after that point, a user is still receiving e-mail from us, the user should contact us at Support@DrDitchek.com.

Changes in Privacy Policy

Dr. D™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Website that we are changing our Privacy Policy. If the manner in which we use personally identifiable information changes, Dr. D™ will notify you by: (a) posting the changes as a start-up screen prior to your subsequent use of the products and/or service offered herein; (b) sending the modified policy to the users via email; (c) placing a link to the modified policy on the Dr. D™ home page; or (d) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner. At any time that you do not agree with the changes, you must opt out from receiving future communications from us (see the "Opt-Out/Unsubscribe" section above). Failure to opt out after notice of any such changes constitutes an affirmative acknowledgement and acceptance by you of the modified Privacy Policy.

Contacting Us About Privacy Questions or Concerns

If you have any questions about this Privacy Policy, the practices of the Website or your dealings with the Website, please call us at: 800-354-1327, e-mail us at Support@DrDitchek.com, or send a letter to:

Customer Service
Pediagreen, LLC
PO Box 2182
Livingston, NJ 07039-7782

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