Practitioner Account

ATRIUM PROFESSIONAL BRANDS
PURCHASE TERMS AND CONDITIONS
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Effective Date: April 3, 2023

Pure Encapsulations, LLC (“Atrium”) has implemented these Atrium Professional Brands Authorized Reseller Terms and Conditions (the “Terms”), which apply to all healthcare professional customers in the United States of America. By purchasing products in Atrium’s professional family of brands, including Pure Encapsulations®, Douglas Laboratories®, Seroyal®, Klean Athlete®, Genestra Brands®, Pharmax®, UNDA®, and Wobenzym® (“Product(s)”), from Atrium for retail sale to your patients and clients, you (“Reseller”) agree to adhere to the following terms. Until such status is otherwise revoked by Atrium, in Atrium’s sole and absolute discretion, Reseller shall be considered an “Authorized Reseller” hereunder. Atrium may review Reseller’s activities for compliance with these Terms and Reseller agrees to cooperate with any such investigation, including, but not limited to, permitting inspection of Reseller’s facilities and records related to the sale of the Products.

1. Establishing a Professional Account. Unless separately authorized in writing by Atrium, by establishing a Professional Account and purchasing the Products, you represent and warrant that you:

  1. are a physician or other licensed medical professional, certified by, and in good standing with, your relevant state professional and regulatory authority; and
  2. have provided or will provide to Atrium a copy of your current license, degree, or health practitioner certificate; and
  3. are purchasing our Products solely for retail sale to your patients and clients at your place of business as designated by you in your Professional Account application; and
  4. will sell our Products solely to individuals that you know are purchasing the Products for their personal use; and
  5. will only sell our Products at your place of business as designated by you in your Professional Account application.

2. Purchase Orders; Payment; Returns. Orders for Products (“Purchase Orders”) made by Reseller shall be paid for via a prepaid check or credit card. Account terms are not permitted. Atrium reserves the right to reject any Purchase Order, in whole or in part, for any reason. Product returns and/or credits will not be granted.

3. Authorized Customers Reseller is authorized to sell Products only to End Users in the United States. An “End User” is any purchaser of the Products who is the ultimate consumer of the Products and who does not intend to resell the Products to any third party. Reseller shall not sell or transfer Products to any person or entity Reseller knows or has reason to know intends to resell the Products. Reseller shall not sell or transfer a quantity of the Products to any individual greater than that typically purchased for personal use. Reseller shall not sell, ship, invoice, or promote the Products outside the United States of America without Atrium’s prior written consent.

4. Online Sales. Reseller shall not advertise, offer for sale, or sell the Products on or through any website, online marketplace (including, but not limited to, Amazon, eBay, Walmart Marketplace, Target+, and Sears Marketplace), mobile application, or other online forum without the prior written consent of Atrium, granted through execution by Atrium of the Atrium Professional Brands Authorized Online Seller Agreement. Any Reseller that violates this restriction is subject to immediate and permanent revocation of its status as an Authorized Reseller and purchasing privileges.

5. Sales Practices Reseller shall conduct its business in a reasonable and ethical manner at all times and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time. Reseller shall not make any warranties or representations concerning the Products except as expressly authorized by Atrium. Reseller shall comply with any and all applicable laws, rules, regulations, and policies (a) applicable to Reseller’s business, and/or (b) related to the marketing and sale of the Products. This requirement includes any and all consumer safety- or consumer protection-related laws, including, but not limited to the California Safe Drinking Water and Toxic Enforcement Act of 1986, as amended, AKA California Proposition 65 (“California Proposition 65”). Reseller shall represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of Atrium or the Products.

6. Product Care, Customer Service, and Other Quality Controls. Reseller must sell Products in their original packaging, with all seals intact. Relabeling, repackaging (including the separation of bundled products or the bundling of products), and other alterations to the Products or their packaging is prohibited. Reseller shall not tamper with, deface, or otherwise alter batch codes, lot codes, or any other identifying information on Products. Further, Reseller shall not remove, translate, or modify the contents of any label or literature on or accompanying the Products.

  1. Reseller shall comply with all instructions provided by Atrium regarding the storage, handling, shipping, disposal, or other aspect of the Products, including instructions provided on Product labels. Reseller shall store the Products in a cool, clean, dry place, away from direct sunlight, extreme heat, and dampness.
  2. Reseller shall sell Products in their original packaging. Relabeling, repackaging (including the separation of bundled Products or the bundling of Products), and other alterations are not permitted. Reseller shall not remove, translate, or modify the contents of any label or literature on or accompanying the Products. Reseller shall not tamper with, deface, or otherwise alter any serial number, UPC code, batch or lot code, or other identifying information on Products or their packaging. Reseller shall not alter or dilute Products.
  3. Reseller shall not resell any Product that has been returned opened or repackaged.
  4. Promptly upon receipt of the Products, Reseller shall inspect the Products and their packaging for damage, defect, broken seals, evidence of tampering, or other nonconformance (a “Defect”). If any Defect is identified, Reseller must not offer the Product for sale and must promptly report the Defect to Atrium at customerservice@pureencapsulations.com with respect to Pure Encapsulations Products, customerservice@douglaslabs.com with respect to Douglas Labs and Klean Athlete Products, or sales@seroyal.com with respect to all other Product brands.
  5. Reseller shall inspect its inventory regularly for expired or soon-to-be expired Products and shall remove those Products from its inventory. Reseller shall not sell any Products that are expired or within ninety (90) days of expiration. Reseller shall destroy or dispose of expired or soon-to-be expired Products in accordance with instructions provided by Atrium.
  6. Reseller shall be familiar with the special features of all Products marketed for sale and must obtain sufficient Product knowledge to advise customers on the selection and safe use of the Products, as well as any applicable warranty, guarantee, or return policy. Reseller must be available to respond to customer questions and concerns both before and after sale of the Products and should endeavor to respond to customer inquiries promptly.
  7. Reseller shall cooperate with Atrium with respect to any Product tracking systems that may be implemented from time to time.
  8. Reseller shall cooperate with Atrium with respect to any Product recall or other consumer safety information dissemination efforts.
  9. (i) Reseller shall report to Atrium any customer compliant or adverse claim regarding the Products of which it becomes aware and assist Atrium in investigating any such complaints or adverse claims.
  10. Reseller shall cooperate with Atrium in the investigation and resolution of any quality or customer service issues related to Reseller’s sale of the Products, including disclosing information regarding Product sources, shipment, and handling.

7. Intellectual Property Reseller acknowledges and agrees that Atrium or its licensors own all proprietary rights in and to the Pure Encapsulations®, Douglas Laboratories®, Seroyal®, Klean Athlete®, Genestra Brands®, Pharmax®, and Wobenzym® brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (the “Atrium IP”). Reseller is granted a limited, non-exclusive, non-transferable, revocable license to use the Atrium IP solely for purposes of marketing and selling the Products as set forth herein. This license will cease upon termination of Reseller’s status as an Authorized Reseller. All goodwill arising from Reseller’s use of the Atrium IP shall inure solely to the benefit of Atrium or its licensors. Reseller’s use of the Atrium IP shall be in accordance with any guidelines that may be provided by Atrium from time to time (“Brand Guidelines”) and must be commercially reasonable as to the size, placement, and other manners of use. Atrium reserves the right to review and approve, in its sole discretion, Reseller’s use or intended use of the Atrium IP at any time, without limitation. Upon request by Atrium, Reseller shall be required to submit samples of any manner of its display of the Atrium IP and samples of the Products. Reseller shall not create, register, or use any domain name or any mobile application that contains any Atrium Product name or any trademark owned by or licensed to Atrium, nor a misspelling or confusingly similar variation of any Atrium Product name or any trademark owned by or licensed to Atrium.

8. Termination In addition to all other available remedies, if Reseller breaches any of these Terms, Atrium reserves the right to terminate the Reseller’s Account and status as an Authorized Reseller with written or electronic notice. Upon termination of a Reseller’s Account and status as an Authorized Reseller, Reseller shall immediately cease (i) selling the Products; (ii) acting in any manner that may reasonably give the impression that Reseller is an Authorized Reseller of Atrium Products or has any affiliation whatsoever with Atrium with respect to the Products; and (iii) using all Atrium IP.

9. Warranty Disclaimer. ATRIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE OR OTHERWISE.

10. Indemnification. Except as otherwise provided herein, Reseller shall, and hereby does, indemnify, defend, save and hold harmless, Atrium, and its directors, officers, employees, shareholders, members, partners, counsel, auditors, accountants, agents, advisors and all other representatives and each of the heirs, executors, successors and assigns of any of the foregoing, from and against any and all losses, liabilities, obligations, actions, causes of actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims, and demands whatsoever, in law, admiralty, or equity, known or unknown of any kind to the extent they are caused by, arise from, or are incurred in connection with (a) any breach of, or failure to perform, any term, covenant or condition in the Terms by Reseller, (b) any failure by Reseller to comply with applicable laws (including, but not limited to, any consumer protection law, such as California Proposition 65), or (c) the negligence or willful misconduct of Reseller or its officers, employees, agents or contractors.

11. Limitation of Liability. ATRIUM SHALL NOT BE LIABLE TO RESELLER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF SALES, OR LOSS OF PROFITS. ATRIUM’S AGGREGATE LIABILITY FOR ANY DAMAGE OR THAT OF ANY THIRD PARTY CAUSED BY ITS PRODUCTS OR OTHERWISE BY IT ACTS OR OMISSIONS, SHALL NOT EXCEED, IN RESPECT OF ANY CLAIM ARISING OUT OF A SINGLE EVENT OR A SERIES OF CONNECTED EVENTS, THE AGGREGATE AMOUNT PAYABLE BY RESELLER TO ATRIUM DURING THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSATION OF ANY DAMAGES. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY HOWEVER THE LOSS OR DAMAGE IS CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, BREACH OF CONTRACT, DELAY OF PERFORMANCE, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, WHETHER OR NOT SUCH LOSS WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

12. Availability of Injunctive Relief. If there is a breach or threatened breach of Sections 1 (Establishing a Professional Account); 3 (Authorized Customers), 4 (Online Sales), 5 (Sales Practices), 6 (Product Care, Customer Service, and Other Quality Controls), 7 (Intellectual Property), or 8 (Termination), it is agreed that Atrium will have no adequate remedy in money or other damages at law. Accordingly, Atrium shall be entitled to injunctive relief and other equitable remedies; provided, however, no specification in the Terms of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of the Terms. No failure, refusal, neglect, delay, waiver, forbearance, or omission by Atrium to exercise any right(s) herein or to insist upon full compliance by Reseller with Reseller’s obligations herein shall constitute a waiver of any provision herein or otherwise limit Atrium’s right to fully enforce any or all provisions and parts thereof.

13. Miscellaneous.

  1. Modification. Atrium reserves the right to update, amend, or modify the Terms with written or electronic notice. Unless otherwise provided, such amendments will take effect immediately and Reseller’s continued use, advertising, offering for sale, or sale of the Products, use of the Atrium IP, or use of any other information or materials provided by Atrium to Reseller will be deemed Reseller’s acceptance of the amendments.
  2. Force Majeure. Atrium shall not be deemed to be in breach hereof or liable to Reseller in any manner on account of any delay in delivery or other performance caused in whole or in part by, or otherwise materially related to, the occurrence of any contingency beyond Atrium’s control, including without limitation, fire, flood, pandemic, terrorist threats or acts, riot or other civil unrest, war, invasion, hostilities, strikes or other labor disputes, embargoes or transportation delays, shortage of labor, inability to secure fuel, energy, materials, supplies or power at reasonable prices from regular sources or on account of shortages thereof, delays or failures of any of Atrium’s suppliers to deliver, acts of God or of a public enemy, the effect of any existing or future laws, acts or regulation of any applicable federal, state or local government, or any other commercial impracticability.
  3. Severability. If any provision of the Terms is held contrary to law, the remaining provisions shall remain valid.
  4. Survival. The following provisions shall survive the termination of the Terms: Section 7 (Intellectual Property); Section 10 (Indemnification); Section 13(d) (Survival); Section 13(e) (Governing Law and Venue); and Section 13(f) (Waiver of Jury Trial).
  5. Governing Law and Venue. These Terms and any dispute arising under them shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to its choice of law rules. In the event of a dispute over the terms or performance under the Terms, Reseller expressly submits to personal jurisdiction and venue in the federal or state courts in Middlesex County, Massachusetts.
  6. Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES EACH HEREBY IRREVOCABLY AND EXPRESSLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE TERMS OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY OR THE PARTIES’ ACTIONS IN THE NEGOTIATIONS, ADMINISTRATION, OR ENFORCEMENT HEREOF OR THEREOF. THE PARTIES ACKNOWLEDGE THAT SUCH WAIVER IS MADE WITH FULL KNOWLEDGE AND UNDERSTANDING OF THE NATURE OF THE RIGHTS AND BENEFITS WAIVED HEREBY, AND WITH THE BENEFIT OF ADVICE OF COUNSEL OF ITS CHOOSING.

14. MAP Policies. Atrium has unilateral Minimum Advertised Price (“MAP”) policies that apply to all resellers of Products located within the United States. This paragraph is intended to inform you of the MAP policies. It does not constitute consideration for any part of this agreement between you and Atrium, and does not separately constitute an agreement between you and Atrium regarding the prices you will charge your customers for the Products. Atrium does not seek, nor will it accept, from Reseller any assurance of compliance with the MAP policies.






Terms of Use
(Professional Accounts)

Effective Date: October 3, 2023

1. Acceptance and Modification of the Terms of Use

These Terms of Use (“Terms”) govern your use of the Pure Encapsulations Pro website at https://www.pureencapsulationspro.com/ and the Pure Patient Direct virtual dispensary online platform and service at https://www.pureencapsulationspro.com/patient-direct (collectively, the “Services”) operated by Pure Encapsulations, a Nestlé Health Science U.S. brand, or its affiliates and subsidiaries (referred to herein as “Pure Encapsulations,” “we,” “us,” or “our” as applicable). These Terms permit you to access information available on the Pure Encapsulations Pro website and to use the Services, and sets forth the Terms under which the Services will be delivered to you as a healthcare professional user of the Services.

By accessing the website, using the Services, or opening a healthcare professional account with Pure Encapsulations, you automatically agree to these Terms and to our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Services.

We may modify these Terms from time to time at our sole discretion. If we decide to modify these Terms, we will notify you by making the revised version available on the Services and will indicate at the top of this page the date that revisions were last made. Any such changes will be effective upon our posting. You are responsible for staying informed of any changes and are expected to revisit this page from time to time, as revised versions will be binding on you. You understand and agree that your continued access or use of the Services following our posting of revised Terms indicates your acceptance of and agreement to the changes. If you do not agree with the changes, you must stop accessing or using the Services.

2. Content for Information Purposes Only

As a condition of your use of the Services, you agree that the INFORMATION AND CONTENT CONTAINED ON THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO PROVIDE YOU WITH MEDICAL ADVICE OR FOR REPLACING YOUR PROFESIONAL KNOWLEDGE. The information on the Services is not a substitute for medical care or for seeing or obtaining advice from a healthcare professional. You should not use the information available on the Services for diagnosing, treating, curing, or preventing a health problem or disease, or prescribing any medication. You should read all product packaging carefully. Please consult all labels, warnings, and directions for the most accurate product information prior to using or recommending products.

All features, specifications, products, and prices described on the Services are subject to change at any time without notice. We reserve the right to make changes to information about price, description, or availability without notice. The inclusion of any products or associated services including, but not limited to, order processing, payment collection and processing, shipping, and tracking, website hosting, and any other support services, on the Services does not imply or warrant that these products or services will be available at any particular time.

3. Eligibility

Only registered healthcare practitioners and their patients may create an account. In order to use the Services in your capacity as a healthcare professional, you must also meet a number of additional conditions, including, but not limited to:

  • You must be a physician or other licensed medical professional, certified by, and in good standing with, your relevant state professional and regulatory authority.
  • You must provide us with true, accurate and complete personal information, payment information and other information that we deem necessary to provide you with our Services, and you are responsible for maintaining and promptly updating such information so it remains true, accurate and complete at all times, including but not limited to professional licensing and credentialing.
  • You must have an established healthcare professional account with Pure Encapsulations (“Professional Account”) and abide by the Atrium Professional Brands Authorized Reseller Terms and Conditions (“Authorized Reseller Terms”).
  • You must not have been previously suspended or removed from the Services or have engaged in any activity that could result in suspension or removal from the Services.

4. Professional Account, Account Security, and Communication Preferences

Use of the Services requires you to open a Professional Account and specify a password. You are solely responsible for maintaining the confidentiality of your Professional Account information, including your password, and for any and all activity that occurs under your Professional Account; we will accept the instructions of any individual who claims to be authorized to direct changes to your Professional Account so long as such person presents your username and password online, by email or by phone. You agree to notify Pure Encapsulations immediately of any unauthorized use of your Professional Account or password. You may not use the Professional Account, username, or password of any other individual or company at any time without the express written permission and consent of the holder of the Professional Account. Pure Encapsulations will not be liable for any loss or damage arising from your failure to comply with this Section, including for misuse or misappropriation of your information, and you agree to indemnify Pure Encapsulations from any claims damages, losses, and/or costs resulting from a breach of your obligations with respect to your Professional Account and account information.

By opening a Professional Account, you also consent to receive electronic communications (e.g., via email or push notifications, where applicable, and by posting notices to the Services). These communications may include notices about your Professional Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. We may also send you promotional communications, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may modify your communications preferences by following the instructions contained in our promotional messages or through your Professional Account settings. Please note that even if you opt out of receiving marketing communications, we may still send you transactional messages relating to your use of the Services or messages sent as part of an existing business relationship. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

5. Right to Access and Rules of Use

Subject to these Terms, and so long as your Professional Account is in good standing, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services solely for your internal business purposes.

In addition to meeting the eligibility requirements above, you agree to comply with the following rules governing your use of our Services:

  • You shall not make any representations, warranties, guarantees, indemnities, commitments, or other similar claims actually, apparently, or ostensibly on behalf of Pure Encapsulations that are inconsistent with these Terms.
  • You shall comply with all applicable laws, rules, regulations, and policies (a) applicable to your business and professional conduct and/or (b) related to the marketing and sale of the products.
  • You are exclusively responsible for any statements that you may make regarding the products, including any claims that that do not explicitly appear on product labeling.
  • You shall not engage in any unlawful or illegal, unfair, fraudulent, malicious, negligent, misleading, or deceptive practices, or which promotes any criminal activity or provides information about the same.
  • You shall not infringe on anyone’s intellectual property rights (including ours), defame anyone, or otherwise violate the rights of a third party.
  • You shall not create a false identity or duplicative Professional Accounts for the purpose of misleading others, or impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or third party.
  • You shall not hack, crack, phish, SQL inject, or otherwise compromise the confidentiality, integrity, or availability of the Website, Services, or its users’ computers, including, without limitation, viruses, worms, time bombs, Trojan horses, or any other contaminating, harmful or destructive code, or use the Services in any manner that could disable, damage, or overburden the Services.
  • You shall not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, decompile, reverse engineer, create derivative works from, or otherwise exploit any content or information from the Services, in whole or in part, without our express written permission, including removing, deleting, altering, or obscuring any copyrights, trademarks, or other proprietary notices from any portion of the Services.
  • You shall not use any spider, bot or other automatic or manual device or process for the purpose of scraping, harvesting, compiling, indexing, surveying, or otherwise data mining information on the Services, including probing, scanning, testing the vulnerability of or breaching the authentication measures of, the Services or any related networks or systems.
  • You shall not permit any other person (other than a linked staff account or agent acting on your behalf and subject to your direct supervision) to access the Services using your Professional Account information for any purpose.
  • You shall not use the Services in connection with unsolicited communications, including but not limited to unauthorized advertising, junk, or bulk e-mail.
  • You shall not interfere with other users’ use of the Services, including, without limitation, spamming or otherwise using abusive tactics related to deter others from facilitating transactions.
  • You may not do anything else which, in our sole discretion, may bring us or any of our users into disrepute, endanger the business or safety of Pure Encapsulations, its affiliates, or any third party, or constitutes any use other than the business purposes for which the Services are intended.

Our provision of Services to you is contingent on your agreement with this and all other sections of these Terms. We reserve the right to change or include new requirements as deemed appropriate in our sole discretion without providing prior notice to you.

You hereby expressly acknowledge that you are solely and exclusively responsible for your (as well as any agents and linked staff accounts) compliance with these Terms and any and all applicable laws, and that Pure Encapsulations does not provide any advice concerning potentially applicable laws or your compliance therewith. The reference to specific laws or regulations shall not be read or construed to imply that such laws or regulations are applicable to you, nor that other laws or regulations are not applicable to you. Further, Pure Encapsulations expresses no opinion with respect to the appropriateness or legality of the resale or recommendation of products to patients by a healthcare professional. It is your responsibility to consult with the appropriate advisors as necessary to ensure that you are informed of and in compliance with all applicable laws.

If you wish to use our Services, Pure Encapsulations requires that you be authorized by the applicable governmental or regulatory authority; by using our Services, you hereby warrant that you are so authorized. Many jurisdictions require that healthcare professionals making recommendations to patients on health-related matters be licensed to do so. Additionally, governmental authorities, professional organizations, or other regulating entities with jurisdiction over healthcare professionals may require that certain ethical standards be followed. You agree to act in accordance with all licensing and ethical standards applicable to you as a healthcare professional.

6. Wholesale Purchases

Professional Accounts may purchase products on a wholesale basis for purposes of resale to their patients. By purchasing products from Pure Encapsulations for resale to your patients, you agree to adhere to our Authorized Reseller Terms.

7. Content and Intellectual Property

The Services, including the underlying software and technology, and the information and other materials contained therein, including, without limitation, all designs, text, software, technology, applications, sound, photographs, buttons, images, logos, video, and graphics, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Pure Encapsulations and our affiliates and licensors, and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

Using our Services does not give you ownership of any intellectual property rights to the Content you access. Except as otherwise permitted by these Terms, no Content available through the Services may be modified, copied, reproduced, republished, uploaded, posted, transmitted, resold, or distributed in any way, except with the prior written consent of Pure Encapsulations. Any other use of the Content provided through the Services is strictly prohibited. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in this legal notice, you do not have any right or license to the website or Content, or any portion of the Content.

The trademarks, logos, characters, and service marks displayed on the Services (collectively, “Trademarks”) are the registered and unregistered trademarks of Pure Encapsulations, its affiliates, and licensors, and/or are used with permission. Nothing contained on the Services should be construed as granting any license or right to use any Trademark displayed on the Services. Your use/misuse of the Trademarks displayed on the Services, or any other Content on the Services, except as provided in these Terms, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including criminal prosecution.

If you have any questions concerning the legal notices stated above, you may contact us at customerservice@pureencapsulations.com.

8. Copyright Complaints (DMCA policy)

Just as Pure Encapsulations requires users to respect our intellectual property rights, we respect the intellectual property of others. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, registrants and account holders who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, you may notify Pure Encapsulations by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., page within the Services) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.
  • Please send notice to:
    Nestlé Health Science U.S.
    Attn: Legal Department
    121 River Street, 9th Floor
    Hoboken, NJ 07030

    We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.

    9. Information About You and Your Use of the Services

    All information we collect through the Services is subject to our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference, and by using the Services you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

    10. Geographic Restrictions

    The owner of the Services is based in the State of Massachusetts in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of the Content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

    11. Warranty Disclaimer

    All products, the Services and the Content are provided on an “as is” and “as available” basis. The Services are a dynamic environment and like all software-based services, cannot be promised to be free from errors, bugs, or inaccuracies, and may not be available at all times. We are not responsible for maintaining, or for any corrections, updates, or releases of, the Services or the Content. We may change or alter the Services and the Content (in whole or in part) at any time at our sole discretion. We may modify, suspend, or withdraw operation of or access to the Services at any time at our sole discretion on a temporary or permanent basis including for maintenance and other technical reasons. ALL PRODUCTS AND SERVICES ARE PROVIDED BY PURE ENCAPSULATIONS “AS IS,” AND WE HEREBY DISCLAIM ANY EXPRESS OR IMPLIED REPRESENTATION, CONDITION OR WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURE ENCAPSULATIONS MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, WESITES, CONTENT AND SERVICES, AND SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, NON-INFRINGEMENT, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE WEBSITE OR THE PROVISION OF THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED OR THE ABILITY OF THE SERVICES TO MEET YOUR NEEDS.

    12. Limitation of Liability

    SUBJECT TO APPLICABLE LAW AND WITHOUT LIMITING THE EXTENT AND SCOPE OF THE FOREGOING WARRANTY DISCLAIMER, UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE OR LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES AND ANY PRODUCTS PURCHASED THEREFROM AS WELL AS ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICES, ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, OR THE UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION TO YOUR PROFESIONAL ACCOUNT OR INFORMATION, INCLUDING GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    13. Indemnification

    As a condition of your use of the Services, you agree to indemnify, defend, and hold harmless Pure Encapsulations, its officers, directors, employees, representatives, agents, licensors, service providers, and suppliers from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Services, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your Professional Account (including negligent or wrongful conduct) by you or any other person accessing the Services using your Professional Account. This indemnification shall survive these Terms and your use of the Services.

    14. Force Majeure

    You agree that Pure Encapsulations is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver orders, we will attempt to deliver orders as soon as reasonably possible.

    15. Termination

    In addition to all other available remedies, if you breach any of these Terms, we reserve the right to terminate your Professional Account and status as an Authorized Reseller pursuant to the Authorized Reseller Terms with written or electronic notice. Upon termination of your Professional Account and status as an Authorized Reseller, you shall immediately cease (i) selling Pure Encapsulations products; (ii) acting in any manner that may reasonably give the impression that you or your business are an Authorized Reseller of Pure Encapsulations products or have any affiliation whatsoever with Pure Encapsulations with respect; and (iii) using all Content and Trademarks.

    Under no circumstances, including termination or cancellation of your Professional Account or our Services to you, will Pure Encapsulations be liable for any losses related to actions of other users. You agree that if your use of the Services is terminated, you will not attempt to use the website or Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold harmless Pure Encapsulations from any and all liability that any such we may incur with respect thereto.

    16. Entire Agreement; Severability; No Waiver

    These Terms, together with the Privacy Policy and the Authorized Reseller Terms incorporated herein by reference and any policies that we post on the Services, constitute the entire agreement between Pure Encapsulations and you with respect to the subject matter hereof and supersede all prior agreements, understandings, or representations between you and Pure Encapsulations with respect to the subject matter of these Terms.

    If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties.

    Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.

    17. Governing Law

    These Terms, your use of the Services, all transactions through the Services, and all related matters, regardless of your location, are governed by, and construed and enforced solely in accordance with, the laws of the State of Massachusetts, without regard to its conflicts of law rules.

    18. How to Contact Us

    If you have any questions or comments about these Terms or the Services, please contact us via email at customerservice@pureencapsulations.com, by calling 1(800)753-2277, or by mail to:
    Pure Encapsulations, LLC
    490 Boston Post Road
    Sudbury, MA 01776


    Copyright © 2023 Pure Encapsulations, LLC. All Rights Reserved.


    HIPAA BUSINESS ASSOCIATE AGREEMENT

    This Business Associate Agreement (“Agreement”) is made and entered on the day of the last signature (“Effective Date”) between the covered entity signing this Agreement (“Covered Entity”) and Atrium (“Business Associate”).

    WHEREAS, this Agreement is intended to comply with the Health Insurance and Portability and Accountability Act of 1996 (“HIPAA”) and will apply only to the extent that, in connection with performing services contemplated in the Pure Encapsulations Terms of Use (Professional Accounts) (“User Terms”), as the Agreement may be amended from time to time, the Business Associate has access to Covered Entity’s Protected Health Information and that access requires, pursuant to HIPAA, the Agreement be in place; and

    NOW, THEREFORE, in consideration of the premises and mutual promises herein contained, it is agreed as follows:

    I. Definitions

     (a) Breach. “Breach” shall have the same meaning as the term “breach” in 45 C.F.R. § 164.402.
     (b) Breach Notification Rule. “Breach Notification Rule” shall mean the Standards and Implementation Specifications for Notification of Breaches of Unsecured Protected Health Information under 45 C.F.R. Parts 160 and 164, subparts A and D.
     (c) Electronic Protected Health Information. “Electronic Protected Health Information” shall have the same meaning as the term “electronic protected health information” in 45 C.F.R. § 160.103.
     (d) Electronic Transactions Rule. “Electronic Transactions Rule” shall mean the final regulations issued by HHS concerning standard transactions and code sets under 45 C.F.R. Parts 160 and 162.
     (e) Genetic Information. “Genetic Information” shall have the same meaning as the term “genetic information” in 45 C.F.R. § 160.103.
     (f) HHS. “HHS” shall mean the Department of Health and Human Services.
     (g) HIPAA Rules. “HIPAA Rules” shall mean the Privacy Rule, Security Rule, Breach Notification Rule, and Enforcement Rule.
     (h) HITECH Act. “HITECH Act” shall mean the Health Information Technology for Economic and Clinical Health Act, enacted as part of the American Recovery and Reinvestment Act of 2009.
     (i) Individual. “Individual” shall have the meaning set forth in HIPAA, except it shall be limited to persons who have rights under HIPAA with respect to their relationship with Covered Entity.
     (j) Privacy Rule. “Privacy Rule” shall mean the Privacy Standards and Implementation Specifications at 45 C.F.R. Parts 160 and 164, subparts A and E.
     (k) Protected Health Information. “Protected Health Information” or “PHI” shall have the same meaning as the term “protected health information” in 45 C.F.R. § 160.103, limited to the information created, received, maintained, or transmitted by Business Associate from or on behalf of Covered Entity pursuant to this Agreement.
     (l) Required by Law. “Required by Law” shall have the same meaning as the term “required by law” in 45 C.F.R. § 164.103.
     (m) Security Incident. “Security Incident” shall have the same meaning as the term “security incident” in 45 C.F.R. § 164.304.
     (n) Security Rule. “Security Rule” shall mean the Security Standards and Implementation Specifications at 45 C.F.R. Parts 160 and 164, subparts A and C.
     (o) Subcontractor. “Subcontractor” shall have the same meaning as the term “subcontractor” in 45 C.F.R. § 160.103.
     (p) Transaction. “Transaction” shall have the meaning given the term “transaction” in 45 C.F.R. § 160.103.
     (q) Unsecured Protected Health Information. “Unsecured Protected Health Information” shall have the meaning given the term “unsecured protected health information” in 45 C.F.R. § 164.402.

    II. Privacy and Security of Protected Health Information

     (a) Permitted Uses and Disclosures. Business Associate is permitted to use and disclose PHI that it creates or receives on Covered Entity’s behalf or receives from Covered Entity, or another business associate of Covered Entity only as follows:
      (i) Functions and Activities on Covered Entity’s Behalf. To provide the services outlined in the User Terms.
      (ii) Business Associate’s Operations. Business Associate may use PHI for the proper management and administration of the Business Associate, or to carry out the legal responsibilities of the Business Associate as Required by Law.
      (iii) Minimum Necessary. Business Associate will, in its performance of the functions, activities, services, and operations specified above, make reasonable efforts to use, to disclose, and to request only the minimum amount of PHI reasonably necessary to accomplish the intended purpose of the use, disclosure, or request. Business Associate and Covered Entity acknowledge that the phrase “minimum necessary” shall be interpreted in accordance with the HITECH Act and the HIPAA Rules.
     (b) Prohibition on Unauthorized Use or Disclosure. Business Associate will neither use nor disclose PHI, except as permitted or required by this Agreement, the User Terms, or in writing by Covered Entity or as Required by Law. This Agreement does not authorize Business Associate to use or disclose PHI in a manner that would violate the HIPAA Rules if done by Covered Entity. Business Associate shall not de-identify PHI except as necessary to perform the services contemplated in the User Terms or to provide Covered Entity with summaries or other reports.
     (c) Information Safeguards.
      (i) Privacy of Protected Health Information. Business Associate will develop, implement, maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of PHI. The safeguards must fully protect PHI from any intentional or unintentional use or disclosure in violation of the Privacy Rule, Security Rule, the terms of this Agreement, or the User Terms. To the extent the parties agree in the User Terms that the Business Associate will carry out directly on or more of Covered Entity’s obligations under the Privacy Rule, the Business Associate will comply with the requirements of the Privacy Rule that apply to the Covered Entity in the performance of such obligations.
      (ii) Security of Protected Health Information. Business Associate will comply with the Security Rule and will use, implement, and maintain appropriate administrative, technical, and physical safeguards that fully protect the confidentiality, integrity, and availability of PHI, including Electronic PHI, that Business Associate creates, receives, maintains, or transmits on Covered Entity’s behalf.
      (iii) Training. Business Associate will maintain internal policies and procedures related to maintaining the privacy and security of PHI and will train its workforce on HIPAA’s requirements to prevent the improper use or disclosure of PHI.
      (iv) Subcontractors. Business Associate will require each of its Subcontractors to agree, in a written agreement with Business Associate, to limitations and requirements as least as strict as those in this Agreement and to comply with the same provisions of the Security Rule, Privacy Rule, privacy safeguards (including, but not limited to, the obligations described in Section IV of this Agreement), and Breach Notification Rule with respect the PHI and Electronic PHI that are applicable to Business Associate under this Agreement and the User Terms.
      (v) Prohibition on Sale of Protected Health Information. Business Associate shall not engage in any sale (as defined in the HIPAA Rules) of PHI.

    III. Individual Rights

     (a) Access. Where applicable, Business Associate will make available PHI in a Designated Record Set to the Covered Entity as necessary for Covered Entity to satisfy its obligations under 45 C.F.R. 164.524 in a timely manner. If the Covered Entity requests an electronic copy of PHI that is maintained in a Designated Record Set, Business Associate will provide an electronic copy in the form and format specified by the Covered Entity if it is readily producible in such format; if it is not readily producible in such format, Business Associate will work with the Covered Entity to determine an alternative form and format that enable Covered Entity to meet its electronic access obligations under 45 C.F.R. § 164.524.
     (b) Amendment. Where applicable, Business Associate will make any amendment(s) to PHI in a Designated Record Set as directed or agreed to by the Covered Entity pursuant to 45 C.F.R. 164.526 or take other measures as necessary to satisfy Covered Entity’s obligations in a timely manner under 45 C.F.R. 164.526.
     (c) Disclosure Accounting. Where applicable, Business Associate will maintain and make available the information required to provide an accounting of disclosures to the Covered Entity as necessary for the Covered Entity to satisfy its obligations in a timely manner under 45 C.F.R. 164.528. Business Associate will maintain the disclosure information for at least six (6) years following the date of the accountable disclosure to which the disclosure information relates.
     (d) Restriction Agreements and Confidential Communications. Covered Entity shall notify Business Associate of any limitations in the notice of privacy practices of Covered Entity under 45 C.F.R. § 164.520, or any other limitations Covered Entity imposes on the use or disclosure of PHI, to the extent that such limitation may affect Business Associate’s use or disclosure of PHI. Business Associate will comply with any notice from Covered Entity to (1) restrict use or disclosure of PHI pursuant to 45 C.F.R. § 164.522(a), or (2) provide for confidential communications of PHI pursuant to 45 C.F.R. § 164.522(b), provided that Covered Entity notifies Business Associate in writing of the restriction or confidential communications obligations that Business Associate must follow. Business Associate agrees to comply with any restriction request from the Covered Entity.

    IV. Breaches and Security Incidents

     (a) Reporting.
      (i) Impermissible Use or Disclosure. Business Associate will report to Covered Entity any use or disclosure of PHI not permitted by this Agreement not more than ten (10) calendar days after Business Associate becomes aware of such non-permitted use or disclosure.
      (ii) Breach of Unsecured Protected Health Information. Business Associate will report to Covered Entity any potential Breach of Unsecured PHI not more than ten (10) calendar days after discovery of such potential Breach. Business Associate will treat a potential Breach as being discovered in accordance with 45 C.F.R. § 164.410. Business Associate will make the report to Covered Entity. If a delay is requested by a law-enforcement official in accordance with 45 C.F.R. § 164.412, Business Associate may delay notifying Covered Entity for the applicable time period. Business Associate’s report will include at least the following:
       1) Identify the nature of the Breach, which will include a brief description of what happened, including the date of any Breach and the date of the discovery of any Breach;
       2) Identify the types of PHI that were involved in the Breach (such as device serial number);
       3) Identify who made the non-permitted use or disclosure and who received the non-permitted disclosure;
       4) Identify what corrective or investigational action Business Associate took or will take to prevent further non-permitted uses or disclosures, to mitigate harmful effects, and to protect against any further Breaches;
       5) Identify what steps the individuals who were subject to a Breach should take to protect themselves; and
       6) Provide such other information, including a written report and risk assessment under 45 C.F.R. § 164.402, as Covered Entity may reasonably request.
      (iii) Breach Notification. Business Associate will, unless otherwise requested by the Covered Entity, without unreasonable delay and in no case longer than sixty (60) calendar days after discovery of a Breach, notify each affected individual of the Breach (and to the extent the Breach involves more than 500 residents of a State or jurisdiction, prominent media outlets serving the State or jurisdiction). Such notice will contain the information required under 45 C.F.R. § 164.404. Business Associate will also notify HHS of a Breach as required under 45 C.F.R. § 164.408. Unless otherwise requested by Covered Entity, Business Associate will fulfill the requirements of this subsection for a Breach of PHI used, disclosed, transmitted, or maintained by its Subcontractors. Covered Entity shall be given the opportunity to review and revise any communications made under this subsection at least fifteen (15) days prior to the deadline that the communication must be made as required under the Breach Notification Rule.
      (iv) Security Incidents. Business Associate will report to Covered Entity any Security Incident of which Business Associate becomes aware within ten (10) calendar days, except if any such Security Incident resulted in a disclosure not permitted by this Agreement or Breach of Unsecured PHI, Business Associate will make the report in accordance with the provisions set forth above.
       1) Mitigation. Business Associate shall mitigate, to the extent practicable, any harmful effect known to the Business Associate resulting from a use or disclosure in violation of this Agreement.
       2) Additional State and Federal Law. Business Associate will comply with other Federal, State, and local privacy and security laws, rules, and regulations that apply to personal information, including PHI, held by the Business Associate or Subcontractor that are not preempted by HIPAA, including, but not limited to, fulfilling all State and local notification requirements applicable to a breach or other impermissible disclosure of personal information, regardless of whether the personal information includes PHI. Covered Entity shall be given the opportunity to review and revise any communications made under this subsection at least fifteen (15) days prior to the deadline that the communication must be made as required under applicable law.
       3) Protective Measures. If Covered Entity determines that the information disclosed is the type of information that could be used to cause financial or any other harm to an Individual, Business Associate, at its own expense, will arrange for and provide all affected Individuals with two (2) years of credit monitoring. Covered Entity may also require Business Associate, at its own expense, to arrange for and provide an alternative, or additional, protective measure to affected Individuals.
       4) Obligations Continue After Termination. To the extent the Business Associate, or its Subcontractor, retains PHI after the termination of the underlying User Terms, the requirements and obligations of this Section IV shall survive the termination of this Agreement and the underlying User Terms until the time all PHI is either returned to the Covered Entity or destroyed.

    V. Term and Termination

     (a) Term. This Agreement shall be effective as of the Effective Date, and shall terminate upon termination of underlying User Terms, subject to the provisions in this Agreement regarding return or destruction of PHI and Section IV.
     (b) Right to Terminate for Cause. Covered Entity may terminate this Agreement if it determines, in its sole discretion, that Business Associate has breached any provision of this Agreement, and after written notice to Business Associate of the breach, Business Associate has failed to cure the breach within fifteen (15) calendar days after receipt of the notice. Any such termination will be effective immediately or at such other date specified in Covered Entity’s notice of termination.
     (c) Treatment of Protected Health Information on Termination.
      (i) Return or Destruction of Protected Health Information Is Feasible. Upon termination of this Agreement, Business Associate will, if feasible, return to Covered Entity or destroy all PHI in whatever form or medium, including all copies thereof and all data, compilations, and other works derived therefrom that allow identification of any individual who is a subject of the PHI. This provision shall apply to PHI that is in the possession of any Subcontractors of Business Associate. Further, Business Associate shall require any such Subcontractor to certify to Business Associate that it has returned or destroyed all such information which could be returned or destroyed. Business Associate will complete these obligations as promptly as possible, but not later than fifteen (15) calendar days following the effective date of the termination of this Agreement.
      (ii) Procedure When Return or Destruction Is Not Feasible. Business Associate will identify any PHI, including any PHI that Business Associate has disclosed to Subcontractors, that cannot feasibly be returned to Covered Entity or destroyed and explain why return or destruction is infeasible. Business Associate will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. Business Associate will complete these obligations as promptly as possible, but not later than fifteen (15) calendar days following the effective date of the termination or other conclusion of Agreement.
      (iii) Continuing Privacy and Security Obligation. Business Associate’s obligation to protect the privacy and safeguard the security of PHI as specified in this Agreement will be continuous and survive termination or other conclusion of this Agreement.

    VI. General Provisions

     (a) Definitions. All terms that are used but not otherwise defined in this Agreement shall have the meaning specified under HIPAA, including its statute, regulations, and other official government guidance.
     (b) Inspection of Internal Practices, Books, and Records. Business Associate reasonably will make its internal practices and records relating to its use and disclosure of PHI available to Covered Entity and to HHS to determine compliance with the HIPAA Rules. Business Associate shall notify Covered Entity immediately upon receipt of a request by HHS to review the Covered Entity’s materials.
     (c) Amendment to Agreement. This Agreement may be amended only by a written instrument signed by the parties. In case of a change in applicable law, this Agreement shall automatically amend such that the obligations imposed on Business Associate or Covered Entity remain in compliance with HIPAA.
     (d) No Third-Party Beneficiaries. Nothing in this Agreement shall be construed as creating any rights or benefits to any third parties.
     (e) Interpretation. Any ambiguity in the Agreement shall be resolved to permit Covered Entity and Business Associate to comply with the applicable requirements under the HIPAA Rules.
     (f) Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
     (g) Construction and Interpretation. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
     (h) Notices. All notices and communications required by this Agreement shall be in writing and delivered by a (i) nationally recognized, next-day courier service, (ii) first-class, registered, or certified mail, postage prepaid; or (iii) by electronic mail to the address that each party specifies in writing.
     (i) Entire Agreement. This Agreement, together with the User Terms, constitutes the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations, and understandings of the parties, written or oral, with regard to this same subject matter.


    Pure Encapsulations Pro Privacy Policy

    Last Updated: July 1, 2024

    This Privacy Policy governs the websites (each a “Site”), apps (each an “App”), offline locations or services (collectively, the “Services”) owned and operated by Pure Encapsulations, a Nestlé Health Science U.S. brand, or its affiliates and subsidiaries (referred to herein as “Pure Encapsulations,” “we,” “us,” or “our” as applicable) that display, reference, or link to this Privacy Policy. Please read it carefully to learn how we collect, use, share, and otherwise process Personal Information, and to learn about your rights and choices regarding such Personal Information.

    By visiting or using the Services you agree to the collection, use, and disclosure of your Personal Information as described in this Privacy Policy. If you do not agree, please do not access or use the Services.


     

    NOTICE AT COLLECTION

    We collect Personal Information as detailed here and in our Privacy Policy. The following serves as our notice at collection of Personal Information in accordance with applicable U.S. state privacy laws. As defined by applicable law, we may “sell” or “share” certain Personal Information. If you would like to opt out of the sale or sharing of your Personal Information, including targeted advertising, you may do so by clicking the “privacy-choiceYour Privacy Choices” link found on our Site footer and following the instructions in the pop-up window. You may also choose to enable online, where available, a universal tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”). We will process the GPC signal as a request to opt out.

    We keep Personal Information as long as it is necessary or relevant for the practices described in this Privacy Policy. We also keep Personal Information as otherwise required by law. What this means in practice will vary between different types of information, and when we consider our approach we take into account ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations. If you wish to cancel your account or request that we no longer use your Personal Information to provide you services, please contact us through the means set forth in the “How to Contact Us” section.

    What categories of Personal Information do we collect?

    What are the purposes for which we collect and use your Personal Information?

      • Identifiers: This includes your name, mailing address, email address, mobile and telephone phone number, IP address, social network details, or other similar identifiers.
      • Any Personal Information Described in Subdivision (e) of Section 1798.80, including:
      • Account Login Data. Any data that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.
      • Social Media Information. This includes information you post on our social media pages. This also includes your social media profile information.
      • Technical Information. This includes your mobile advertising ID, web browser type and version, device characteristics, and operating system. This also includes data about the computer system or other technological device that you use to access the Services, such as the IP address used to connect your computer or device to the Internet and other online identifiers. If you access the Services via a mobile device such as a smartphone, the collected data will also include, where permitted, your phone’s unique device ID, and other similar mobile device data.
      • Marketing and Communications Information. This includes your preferences in receiving marketing, promotions, and sales offers and other types of communications from us.
      • Other Information You Provide to Us. This includes the content of your communications with us, photographs you share with us as part of a sweepstakes or contest, and information you post or disclose through the Services (e.g., ratings and reviews), in blogs, on message boards, in chat rooms, or in other public areas.
    • Usage Information. This includes how you interact with the Services. For example, if you use our Apps, we may look at how often you use the App and where you downloaded it.
    • Payment and Financial Information. This includes your method of payment (e.g., bank details and credit, debit, or other payment card information), bank account number, and billing address. This also includes any data that we need to fulfil an order, or that you use to make a purchase, or other forms of payment (if such are made available).
    • Transactional Information. When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and date and location of the transaction, and where applicable, the referring health care professional.
    • Demographic Data & Interests. Any data that describes your demographic or behavioral characteristics. Examples include your date of birth, age range, geographic location (e.g., ZIP code), favorite products, hobbies and interests, and household or lifestyle data. In some cases, this could include data that you give us about someone else. For example, if you provide a friend’s email address for a refer-a-friend program. If you are a health care professional, we may collect data about you and your practice.
    • Third-Party Social Network Data. Any data that you share publicly on a third-party social network or data that is part of your profile on a third-party social network (such as Facebook) and that you allow the third-party social network to share with us. Examples include your basic account data (e.g., name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional data or activities that you permit the third-party social network to share. We receive your third-party social network profile data (or parts of it) when you download or interact with the Services on a third-party social network such as Facebook, when you use a social networking feature that is integrated within one of the Services (such as Facebook Connect) or every time you interact with us through a third-party social network. To learn more about how your data from a third-party social network is obtained by us, or to opt out of sharing such social network data, please visit the website of the relevant third-party social network.
    • Comments, Discussion, and Chat Data. This includes data relating to chat bots, interactive features, upload content and images.
    • Characteristics of Protected Classifications under California or Federal Law: This includes your age and gender.
    • Commercial Information: This includes information about the products or services purchased, obtained, considered, or returned, as well as other purchasing or consuming histories, behaviors or tendencies, and the following:
    • Consumer-Generated Content. Any content that you create and then share with us on the Services. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, we collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, and consumer engagement.
    • Market Research & Consumer Feedback. Any information that you share with us about your experience of using our products and services.
    • Internet or other Electronic Network Activity Information: This includes information related to your browsing history, search history and other information regarding your interactions with the Services or advertisements, including, without limitation, actions you perform (e.g., clicks, mouse movements, keystrokes, and entering and submitting information) on the Services. As you navigate through and interact with the Services, or our communications, we may use automatic data collection technologies to collect certain data about your device(s) and your actions. This includes data such as which links you click on, which pages or content you view and for how long, and other similar data and statistics about your interactions, such as content response times, download errors, and length of visits to certain pages, as well as operating system type and web browser type and version.
    • Audio, Electronic, Visual, or Similar Information: This data may include photos and videos that you share with us as consumer-generated content or via third-party social networks, as well as recordings of and information you provide during your conversations with us. We may also visually record your interactions with the Services, including your mouse clicks, movement, scrolling, and navigation through the Services. This does not include any data from your device’s camera.
    • Inferences: We collect profile inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest to you.
    • Sensitive Personal Information: This includes health information, prescription information, medical conditions, racial origin, ethnic origin, nutrition, supplement intake, dietary preferences, weight and fitness-related goals/activities, and exercise habits and goals.
    • To Communicate with You. We use Personal Information (e.g., your contact information) to respond to your questions and comments when you communicate with us through links or pages through the Services, such as the "Contact Us" feature, and to send you administrative information (e.g., information regarding the Services and changes to our terms, conditions, and other policies).
    • To Process Your Transactions. If you purchase products from us on or through the Services, we use your Personal Information, such as your contact information and payment information to process your purchase, confirm your order, and deliver the items to you.
    • To Administer the Services. We use your Personal Information to administer the Services and carry out any other business activities, including our Pure Patient Direct virtual dispensary.
    • Abandoned Cart. We use cookies to help keep track of the items you put into your cart, including when you have abandoned your cart, and use this information to determine when to send a cart reminder via SMS or other channels.
    • To Provide You with Personalized Recommendations. If you choose to complete assessments in the Services, we will use information that you provide (including health information if you provide it to us in this manner) to send you personalized product recommendations and other information that we believe may be of interest to you. We also use your Personal Information to provide you with targeted advertising and content, and to allow you to participate in interactive features, when you choose to do so. For example, we remember your login ID/email address or screen name so that you can quickly login the next time you visit the Services or so that you can easily retrieve the items you previously placed in your shopping cart.
    • Third-Party Social Networks. We use your Personal Information when you interact with third-party social networking features, such as “Like” functions, to serve you with advertisements and engage with you on third-party social networks. You can learn more about how these features work and the profile data that we obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third-party social networks.
    • To Perform Analyses. We use your Personal Information to perform business analyses or for other purposes designed to improve the quality of our business and the Services we offer.
    • To Prevent and Detect Fraud and Other Crimes. We use your Personal Information to help prevent and detect fraud and other crimes that might be committed using or against the Services. We may use your information to investigate possible violations of and enforce our contracts. We may also use your Personal Information to protect our or others’ rights, privacy, safety, or property, and/or that of our affiliates. We do this to protect our business assets and to comply with our legal obligations.
    • To Manage and Operate Our IT Systems. We use your Personal Information to help us in troubleshooting, testing, maintaining, and protecting our IT systems, including our Sites.
    • To Comply with Legal and Regulatory Obligations. We use your Personal Information to comply with our legal and regulatory obligations, which arise from time to time. For instance, we may use your contact information to alert you if a product is recalled.
    • Email Newsletters, Text Campaigns, and Promotions. If you’ve requested marketing communications, we will use your Personal Information, including your contact information, to send you our newsletters, exclusive offers, promotions, and loyalty rewards program updates if applicable, and product news through email and text messages. We may also use your Personal Information to administer our promotions and loyalty rewards programs as applicable.
    • Surveys, Sweepstakes, and Message Boards. you use features, such as surveys, polls, sweepstakes, and message boards in the Services, we will use your Personal Information, including your contact information, to enable your participation.

    Additional Purposes:

    • Aggregate or Anonymous Personal Information. We use Personal Information you provide to us regarding the Services to provide product feedback to our customers in aggregated form. We may also use Personal Information in an aggregated non-specific format for analytical and demographic purposes.
    • As Otherwise Permitted by Law or as We May Notify You. We may also use information you provide to us for other purposes as disclosed at the time you provide your information or otherwise with your consent.

    TYPES OF PERSONAL INFORMATION WE COLLECT

    When information identifies or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, we refer to it as “Personal Information,” which we collect from you and about you. This may include:

    Personal Information Categories

    Specific Personal Information

    Identifiers We may collect your name, mailing address, email address, mobile and telephone phone number, IP address, social network details, or other similar identifiers.
    Any Personal Information Described in Subdivision (e) of Section 1798.80

    We may collect the following:

    • Account Login Data. . Any data that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.
    • Social Media Information. This includes information you post on our social media pages. This also includes your social media profile information.
    • Technical Information. This includes your mobile advertising ID, web browser type and version, device characteristics, and operating system. This also includes data about the computer system or other technological device that you use to access the Services, such as the IP address used to connect your computer or device to the Internet and other online identifiers. If you access the Services via a mobile device such as a smartphone, the collected data will also include, where permitted, your phone’s unique device ID, and other similar mobile device data.
    • Usage Information.This includes how you interact with the Services. For example, if you use our Apps, we may look at how often you use the App and where you downloaded it.
    • Marketing and Communications Information. This includes your preferences in receiving marketing, promotions, and sales offers and other types of communications from us.
    • Payment and Financial Information. This includes your method of payment (e.g., bank details and credit, debit, or other payment card information), bank account number, and billing address. This also includes any data that we need to fulfil an order, or that you use to make a purchase, or other forms of payment (if such are made available).
    • Transactional Information. When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and date and location of the transaction, and where applicable, the referring health care professional.
    • Demographic Data & Interests. Any data that describes your demographic or behavioral characteristics. Examples include your date of birth, age range, geographic location (e.g., ZIP code), favorite products, hobbies and interests, and household or lifestyle data. In some cases, this could include data that you give us about someone else. For example, if you provide a friend's email address for a refer-a-friend program. If you are a health care professional, we may collect data about your practice.
    • Third-Party Social Network Data. Any data that you share publicly on a third-party social network or data that is part of your profile on a third-party social network (such as Facebook) and that you allow the third-party social network to share with us. Examples include your basic account data (e.g., name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional data or activities that you permit the third-party social network to share. We receive your third-party social network profile data (or parts of it) when you download or interact with the Services on a third-party social network such as Facebook, when you use a social networking feature that is integrated within one of the Services (such as Facebook Connect) or every time you interact with us through a third-party social network. To learn more about how your data from a third-party social network is obtained by us, or to opt out of sharing such social network data, please visit the website of the relevant third-party social network.
    • Comments, Discussion, and Chat Data. This includes data relating to chat bots, interactive features, upload content and images.
    • Other Information You Provide to Us. This includes the content of your communications with us, photographs you share with us as part of a sweepstakes or contest, and information you post or disclose through the Services (e.g., ratings and reviews), in blogs, on message boards, in chat rooms, or in other public areas.
    Characteristics of Protected Classifications under California or Federal Law. We may collect your age and gender.
    Commercial Information

    We may collect information about the products or services purchased, obtained, considered, or returned, as well as other purchasing or consuming histories, behaviors or tendencies, and the following:

    • Consumer-Generated Content. Any content that you create and then share with us on the Services. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, we collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, and consumer engagement.
    • Market Research & Consumer Feedback. Any information that you share with us about your experience of using our products and services.
    Internet or other Electronic Network Activity Information This includes information related to your browsing history, search history and other information regarding your interactions with the Services or advertisements, including, without limitation, actions you perform (e.g., clicks, mouse movements, keystrokes, and entering and submitting information) on the Services. As you navigate through and interact with the Services, or our communications, we may use automatic data collection technologies to collect certain data about your device(s) and your actions. This includes data such as which links you click on, which pages or content you view and for how long, and other similar data and statistics about your interactions, such as content response times, download errors, and length of visits to certain pages, as well as operating system type and web browser type and version.
    Audio, Electronic, Visual, or Similar Information This data may include photos and videos that you share with us as consumer-generated content or via third-party social networks, as well as recordings of and information you provide during your conversations with us. We may also visually record your interactions with the Services, including your mouse clicks, movement, scrolling, and navigation through the Services. This does not include any data from your device’s camera.
    Inferences Drawn From The Above We collect profile inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest to you.
    Sensitive Personal Information

    This includes health information, prescription information, medical conditions, racial origin, ethnic origin, nutrition, supplement intake, dietary preferences, weight and fitness-related goals/activities, and exercise habits and goals.

    To the extent that Personal Information regarding medical conditions is stored, we may in certain circumstances be required to disclose it to third parties, including but not limited to, the following: the Food and Drug Administration pursuant to adverse events, public health authorities relative to preventing or controlling disease, as required by federal, state, or local law or as required pursuant to subpoena or court order.

    HOW WE COLLECT YOUR PERSONAL INFORMATION

    There are several ways we may obtain information about you, including through (A) information you provide to us directly through both online and offline interactions; (B) information that we automatically collect when you use the Services; and (C) information we receive from third parties. This includes data that identifies you personally whether directly or indirectly.

    Information You Provide

    We collect information from you when you or someone acting on your behalf choose to share it with us. This may include when you create an account with or register a product purchase with us; contact us with questions or to provide feedback; subscribe to our mailing lists or otherwise agree to receive marketing communications from us; enter competitions, promotions, quizzes, or surveys we run from time to time; become a member of a loyalty rewards or direct to patient program; or when you interact with us offline through in-person or over-the-phone interactions.

    Information Automatically Collected

    Whenever you visit or interact with the Services, we, as well as third-party advertisers and/or service providers, may use cookies, web beacons, pixel tags, or other technologies to automatically or passively collect information about your online activity. As you interact with our Services, we may automatically collect technical information about your device as well as usage information through these and other similar technologies. We may also collect certain information through these technologies when you visit other websites.

    Information Collected From Other Sources

    We may collect information about you from third parties and commercially-available sources, including from social media providers, survey providers, data aggregators, data brokers, and public or commercially-available databases. We may collect information about your interactions with our ads on third-party sites. We may also collect information about you from our service providers, affiliates, and business partners.

    We may combine the various types of information we collect about you and use it as described in this Privacy Policy.

    HOW WE USE THE PERSONAL INFORMATION WE COLLECT

    We may use the information we collect from and about you for a variety of business and commercial purposes, including:

    Communicating with You. We use Personal Information (e.g., your contact information) to respond to your questions and comments when you communicate with us through links or pages in the Services, such as the "Contact Us" feature, and to send you administrative information (e.g., information regarding the Services and changes to our terms, conditions, and other policies).

    Processing Your Transactions. If you purchase products from us on or through the Services, we use your Personal Information, such as your contact information and payment information to process your purchase, confirm your order, and deliver the items to you.

    Administering the Services. We use your Personal Information to administer the Services and carry out any other business activities.

    Abandoned Cart. We use technologies to help keep track of the items you put into your cart, including when you have abandoned your cart, and use this information to determine when to send a cart reminder via SMS or other channels.

    Providing You with Personalized Recommendations. If you choose to complete assessments in the Services, we will use information that you provide to send you personalized product recommendations and other information that we believe may be of interest to you. We also use your Personal Information to provide you with targeted advertising and content, and to allow you to participate in interactive features, when you choose to do so. For example, we remember your login ID/email address or screen name so that you can quickly login the next time you visit the Services or so that you can easily retrieve the items you previously placed in your shopping cart.

    Third-Party Social Networks. We use your Personal Information when you interact with third-party social networking features, such as “Like” functions, to serve you with advertisements and engage with you on third-party social networks. You can learn more about how these features work and the profile data that we obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third-party social networks.

    Performing Analyses. We use your Personal Information to perform business analyses or for other purposes designed to improve the quality of our business and the Services we offer.

    Preventing and Detecting Fraud and Other Crimes. We use your Personal Information to help prevent and detect fraud and other crimes that might be committed using or against the Services. We may use your Personal Information to investigate possible violations of and enforce our contracts. We may also use your Personal Information to protect our or others’ rights, privacy, safety or property, and/or that of our affiliates. We do this to protect our business assets and to comply with our legal obligations.

    Managing and Operating Our IT Systems. We use your Personal Information to help us in troubleshooting, testing, maintaining, and protecting our IT systems, including our Sites.

    Complying with Legal and Regulatory Obligations. We use your Personal Information to comply with our legal and regulatory obligations, which arise from time to time. For instance, we may use your contact information to alert you if a product is recalled.

    Email Newsletters, Text Campaigns, and Promotions. If you’ve requested marketing communications, we will use your Personal Information, including your contact information, to send you our newsletters, exclusive offers, promotions, and loyalty rewards program updates if applicable, and product news through email and text messages. We may also use your Personal Information to administer our promotions and loyalty rewards programs as applicable.

    Surveys, Sweepstakes, and Message Boards. We use your Personal Information, including your contact information, to enable you to voluntarily participate in features, such as surveys, polls, sweepstakes, and message boards in the Services.

    To exercise choices for marketing purposes, please see the “Marketing Choices” section of this Privacy Policy.

    Aggregating and/or Anonymizing Personal Information. We use Personal Information you provide to us regarding the Services to provide product feedback to our customers in aggregated form. We may also use Personal Information in an aggregated non-specific format for analytical and demographic purposes.

    As Otherwise Permitted by Law or as We May Notify You. We may also use information you provide to us for other purposes as disclosed at the time you provide your information or otherwise with your consent.

    TO WHOM WE DISCLOSE PERSONAL INFORMATION

    Affiliates. We are affiliated with a number of other health and wellness brands (collectively, our “Affiliates”). We may share your Personal Information with our Affiliates to send you promotions, information about sales and offers, and newsletters in which you have indicated interest and for legal and other business purposes.

    Other Entities. We will disclose your Personal Information to the following types of entities:

    Service Providers. We may share your Personal Information with our service providers (such as vendors and consultants) that perform certain functions or services on our behalf to fulfill the services you request from us. These include companies that host our Services, manage databases, perform analyses, send communications for us, process payments on our behalf, ship your orders, provide you with live chat service, or provide certain other components of the Services. Our service providers are not authorized to use or disclose the Personal Information we share with them for any purpose other than performing services on our behalf.

    Analytics and Advertising Partners. We may use third-party analytics and tracking tools to better understand who is using or how to improve the effectiveness of the Services and related content, and to help us or those third parties serve more targeted advertising to you across the Internet, including social media platforms, third-party advertising networks, and other parties that assist us in serving and optimizing our advertisements. These tools may combine information collected from your interaction with our Services with information collected from other sources. For instance, we use analytics tools provided by Google to help us understand how people use the Services. If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available here.

    Business Partners. We may share your Personal Information with companies with whom we partner to offer goods or services (e.g., joint products or promotions).

    Credit Reporting Agencies/Debt Collectors. To the extent permitted by applicable law, we may share your Personal Information with credit reporting agencies and debt collectors, which are external companies that we use to help us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.

    Authenticating Partners. You may choose to access the Services on or through a third party through a single sign on option (e.g., through social networks, sometimes through share buttons; third party accounts that users can connect to their account on our Services). If you do so, they may share Personal Information with us, and we may share Personal Information with them to facilitate and support the single sign-on feature.

    With Other Users of the Services. We or you may voluntarily share Personal Information with other users of the Services, such as if you submit a product review, post content in a public area of the Services, or to identify you to anyone to whom you send messages through the Services. When you use our Pure Patient Direct virtual dispensary, we may also share your Personal Information with your referring health care professional.

    Sponsors or Administrators. We may share your Personal Information to third-party sponsors or administrators of sweepstakes, contests, and similar promotions.

    Competent Governmental and Public Authorities. We may share your Personal Information with governmental authorities if we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity or a violation of our Terms and Conditions (posted at the footer of our Site) or other contracts.

    Third Parties Pursuant to Legal Process. We may share your Personal Information to the extent necessary to respond to subpoenas, court orders, or other legal process; in response to a request for cooperation from law enforcement or a government agency; or to otherwise comply with our other legal and regulatory obligations.

    Relevant Third Parties as Part of a Transaction. To advance our lawful commercial interests, we may share your Personal Information with certain third parties (including our professional advisers) in connection with a corporate transaction, such as a sale, assignment, divestiture, merger, bankruptcy, consolidation, reorganization, liquidation, or other transfer of the business or its assets. When we do this, we will incorporate reasonable security and other measures to protect your Personal Information.

    Other Third Parties. We may share your Personal Information when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, including to allow us to pursue available remedies and limit the damage we may sustain. We may also share your Personal Information with other third parties in certain circumstances. We will explain these circumstances to you at the point of information collection and, where we deem legally necessary, get your permission.

    Aggregated or De-Identified Information. We may also share aggregated or de-identified information that cannot reasonably be used to identify you.

    MARKETING CHOICES

    You may receive marketing offers or solicitations from us through email from time to time. If you no longer prefer to receive marketing emails from us, please follow the opt-out instructions at the bottom of each marketing email. Please note that these requests may take up to ten (10) days to be effective.

    Your request not to receive marketing emails from us will not apply to messages that you request or that are informational. For example, we may contact you concerning any purchases you have made with us even if you opt out of receiving marketing emails.

    You may also choose to opt in to receive marketing offers or solicitations from us via SMS text messages through our mobile messaging programs. If you would like to opt out of receiving such texts, please reply STOP to any of our text messages. We will not purchase consent or sell, rent, or share consent to opt-in to our mobile SMS/texting program.

    We and our partners use cookies or similar technologies to analyze trends, administer the Services, track users’ movements around the Services, gather demographic information about our user base, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Services and other websites or apps, and better understand your online activity. We may receive reports from our partners based on the use of these technologies on an individual basis (that is, reports of your own activity) as well as on an aggregated basis (that is, reports of all user activity or of the activity of certain users as a group).

    We may use local storage on your device, such as with HTML5, to store content information and preferences. Various browsers may offer their own management tools for removing HTML5.

    Opt Out of Interest-Based Ads: Some of the parties that collect information from or about you on the Services in order to provide more relevant advertising to you may participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more about the DAA and your opt-out options for their members for websites, please visit http://www.aboutads.info/choices. In addition, some of these other parties may be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, please visit http://www.networkadvertising.org/choices/. Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. This does not opt you out of being served all advertising, and you will continue to receive ads that are not tailored to your interests.

    The Services may include social media features, such as a “Like” button. These features may collect your IP address and information about the page you are visiting in the Services. They may also set a cookie to enable the feature to function properly. Social Media features are either hosted by a third party or hosted directly in the Services. Your interactions with these features are governed by the privacy policy of the company providing it.

    Account Information

    You may update and correct certain account information you provide to us at any time by logging into your account, emailing us at customerservice@pureencapsulations.com, or calling us at 1 800-753-2277. If you wish to deactivate your account, please email us at customerservice@pureencapsulations.com or call us at 1-800-753-2277 but note that we may retain certain information as required by law or for lawful business purposes. We may also retain cached or archived copies of information about you.

    INTERNATIONAL TRANSFERS

    If you are using the Services from outside the United States, including in the EEA, UK, or Switzerland, please note that we will need to transfer your Personal Information to the United States.

    As the data protection and privacy laws in the United States may be less stringent than those in your country of residence, we will transfer your Personal Information subject to suitable safeguards aimed at ensuring an appropriate level of protection is in place, including by entering into agreements approved by competent authorities.

    To find out more about how we safeguard your Personal Information when it is transferred across borders, please contact us using the details provided in the “How to Contact Us” section below.

    U.S. PRIVACY RIGHTS AND REQUESTS

    Explanation of Applicable Privacy Rights

    Depending on your U.S. state of residence, you may have certain rights in relation to your Personal Information, including:

    • Right to Know: You may have the right to request that we provide you with what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you. Please note that we may not be required to respond to your requests “to know” or access specific pieces of Personal Information more than twice in any 12-month period.
    • Right to Data Portability:You may have the right to access your information in a portable format.
    • Right to Delete: You may have the right to request that we delete Personal Information that we have collected from you, subject to certain exceptions. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.
    • Right to Correct: You may have the right to request that we correct inaccurate Personal Information that we may maintain about you, subject to appropriate verification.
    • Right to Opt-Out of Certain Types of Personal Information Uses and Disclosures: We use and disclose to third parties’ Personal Information for analytics and advertising purposes. Accordingly, you may have the right to opt out of the “sale” or "sharing” of your Personal Information, or the use and disclosure of your Personal Information for “targeted advertising” (as these terms are defined in applicable law).

    How to Submit a Request

    Please note that, where permitted under applicable law, we may decline a request if we are unable to verify your identity (or an agent’s authority to make the request) and confirm the Personal Information we maintain relates to you.

    If you are interested in exercising one or more of the rights outlined above, please follow the prompts here or contact us using the “How to Contact Us” section below. If by email, please indicate the type of request you are making in the subject line of your message. We may take steps to verify your identity before responding to your request by asking you a series of questions about your previous interactions with us. Submitting a privacy rights request does not require you to create an account with us.

    To take advantage of your right to opt-out of the sale or sharing of Personal Information or to opt-out of targeted advertising, please click the “privacy-choiceYour Privacy Choices” link found on our Site footer and follow the instructions in the pop-up window or contact us using the “How to Contact Us” section below. Submitting an opt-out request does not require you to create an account with us.

    Alternatively, you may choose to enable online, where available, a universal opt-out preference via a tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”). If you enable a browser-based opt-out preference signal, such as GPC, upon receipt or detection, we will treat the signal as a valid request to opt out of the sale or sharing of Personal Information linked to that browser and any consumer profile we have associated with that browser. Please note that if you use different browsers or browser profiles, you will have to enable the signal on each browser or profile.

    We will not discriminate against you because you exercised your rights under this section of the Privacy Policy.

    Agent Requests

    Only you, or someone legally authorized to act on your behalf, may submit a request related to your Personal Information. You may also submit a request on behalf of your minor child.

    Depending on your U.S. state of residence, you may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf or must demonstrate they have power of attorney pursuant to applicable probate law. We retain the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s Personal Information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention. If you are making a request as an authorized agent, please contact us using the information in the “How to Contact Us” section below, and provide your full name, address, email address, the full name of the person on whose behalf you are making the request, their address, email, phone number, as well as the written permission of the person on whose behalf you are acting to do so.

    Right to Appeal

    Depending on your U.S. state of residence, you may have the right to appeal a decision we have made in connection with your privacy rights request. You may appeal our decision by emailing us at NHSLegal@us.nestle.com. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.

    U.S. Data Protection Disclosures

    In the past twelve (12) months, we have collected the categories of information disclosed above in the “Notice at Collection” section and disclosed those categories for the business purposes also listed in the “Notice at Collection” section.

    With the exception of Characteristics of Protected Classifications under California or Federal Law and Sensitive Personal Information, each category of Personal Information disclosed in the “Notice at Collection” section was sold or shared with analytics and advertising partners, business partners, advertising networks, advertising platforms, and social media companies and the other entities identified in the “To Whom We Disclose Personal Information” section above, for the purposes described in this Privacy Policy within the last twelve (12) months, including for marketing purposes. We do not knowingly sell or share Personal Information about persons under the age of sixteen (16).

    Use and Disclosure of Sensitive Personal Information: To the extent that we collect, use, or share “Sensitive Personal Information” as that term is defined in applicable law, we limit our use or disclosure of the Sensitive Personal Information to permitted business purposes.

    OTHER DISCLOSURES

    CHILDREN’S PRIVACY

    Our Services are intended for a general audience. We do not direct the Services to children under sixteen (16), nor do we knowingly solicit or collect any Personal Information from, children under the age of sixteen (16). If you are a parent or legal guardian and think that your child has given us data, you can contact us in writing or by email as provided below under the section titled “How to Contact Us.” Please mark your inquiries “Children’s Privacy Information Request.” If we learn that a minor has provided Personal Information through the Services, we will use reasonable efforts to remove such information from our files.

    MEDICAL CONTENT DISCLAIMER

    Please understand that the contents and information on Nestlé Health Science U.S. Sites are for your informational use only and are not intended to be a substitute for professional medical advice, diagnosis or treatment or the independent clinical judgment of a health care professional or any applicable facility protocols. We suggest that you seek the advice of your physician or qualified health care provider with any questions you may have regarding a medical condition, illness, or treatment. Do not delay or disregard professional medical advice because of the content included on any of the Services.

    THIRD-PARTY WEBSITES

    The Services may provide links to websites and applications operated by third parties. All of these websites and applications operate independently from us, and we do not control their privacy practices. We encourage you to review the privacy policies of any third-party websites and applications that you use to better understand their privacy practices.

    SECURITY OF YOUR INFORMATION

    We maintain reasonable security procedures to help protect against loss, misuse, or unauthorized access, disclosure, alteration, or destruction of your Personal Information.

    Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and will not be responsible for the theft, destruction, or inadvertent disclosure of your Personal Information. If you prefer not to transmit your credit card number over the Internet, you can contact us using the toll-free number listed on the Services from which you want to order. If you have any questions regarding security, you can contact us through the means set forth in the “How to Contact Us” section.

    REVISIONS TO THIS PRIVACY POLICY

    We reserve the right, at our sole discretion, to change, modify, add, remove, or otherwise revise portions of this Privacy Policy at any time. When we do, we will post the change(s) on our Services. Your continued use of our products and Services following the posting of changes to these terms means you accept these changes. If we change the Privacy Policy in a material or substantive way, we will provide appropriate notice to you, including providing notice to you fifteen (15) calendar days prior to the effective date.

    HOW TO CONTACT US

    If you have any questions or concerns about this Privacy Policy or the practices described herein, you may contact us at customerservice@pureencapsulations.com, or by mail to:

    Pure Encapsulations, LLC

    Nestlé Health Science,

    121 River Street, 9th Floor,

    Hoboken, NJ 07030.

     

     

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