Herbal Magic Inc Privacy Policy

Herbal Magic Inc (“Herbal Magic ”, “we”, “us” or “our”) takes steps to ensure it meets privacy principles and requirements with respect to personal information under applicable Canadian privacy legislation. The purpose of this policy is to inform our customers and other individuals we deal with (“you” and “your”) how we collect, use, disclose, and protect your personal information. Personal information is information about an identifiable individual, as more particularly described under applicable privacy legislation. This policy applies to our collection, use, and disclosure of personal information in Canada.

Personal Information We Collect

Herbal Magic and its agents and representatives may collect personal information in a number of circumstances, such as:

• Contact information, such as name, title, address, telephone number, facsimile, or e-mail address, which may be collected through our weight loss management programs and services forms or otherwise, or on our Web site www.herbalmagic.ca when you order products from our online store or request information about our products and services.
• Client Health History information , such as information you may provide on your Client Health History Form, including your contact information, age, gender, occupation, medications and herbal remedies routinely used, treatments or surgical procedures you have received or undergone, and information relating to your weight and weight loss efforts. With your express opt-in consent, we may also collect details about health symptoms you are experiencing or have experienced.
• Quick-Loss™ PLUS Guarantee information, such as information you may provide on your Quick- Loss™ Plus Guarantee Form , including your contact information, current weight, and goal weight.
• Program and service information, including the type of weight loss management programs and services you have enrolled or participated in, other related information regarding your use of our programs and services, and your customer service history, including inquiries complaints, or records of other customer service we may provide.
• Billing information, including banking information collected through cheque payment or for pre-authorized payment purposes, credit card number or other payment-method details, and your billing and payment status and history.

Use of Your Personal Information

Herbal Magic generally uses your personal information to:

• evaluate your application and determine your initial and ongoing eligibility for our programs and services;
• provide and administer the services you request, respond to your inquiries about our products and services, and contact you regarding the requested services;
• process your requests for products, including through our online store;
• process billing and invoices, and manage, administer, and collect your payments for products or services;
• maintain business records for reasonable periods and generally manage and administer our business; and
• meet legal, regulatory, security, and processing requirements, or otherwise as permitted or required by law.

On occasion, we may use your personal information to provide you with information about other related Herbal Magic products and services of that we believe will be of interest to you, for example based on your health symptoms specified on your Client Health History Form . We make reasonable efforts to ensure that your personal information is used by Herbal Magic with your knowledge and consent. You may refuse consent to such use (where such options are offered), or you may withdraw your consent by contacting Herbal Magic at 1-800-850-1702 or otherwise as described below.

With your express consent, Herbal Magic may also collect and use your name, likeness, and any comments you have made or may make, for publicity of any kind, in any media, promotion, or advertisement.

Disclosure of Your Personal Information

Your personal information may be used by Herbal Magic and disclosed to parties connected with the contemplated or actual financing, securitization, insuring, sale, assignment, or other disposal of all or part of our business or assets, including for the purpose of permitting such parties to determine whether to proceed or continue with such transaction, to fulfill reporting, inspection, or audit requirements or obligations to such parties. In the event that all or part of our business or assets to which your personal information relates is sold, assigned, or otherwise disposed of, your personal information will be used and disclosed by such parties for substantially the same purposes as described in this policy.

Herbal Magic may otherwise disclose personal information as necessary to meet legal, regulatory, insurance, audit, and security requirements, or as permitted or required by law.

Herbal Magic may transfer personal information to outside agents or service providers that perform services on our behalf (for example, billing service providers, mailing houses, or collection agents) in which case we will use contractual or other means to ensure that your personal information is protected and not used or disclosed for any purposes other than as directed by Herbal Magic .

Franchisees of Herbal Magic

Please note that our franchisees are independent businesses and Herbal Magic does not control the collection, use, and disclosure of personal information you may provide to our franchisees. Please contact the franchisee with whom you have a relationship if you are concerned about how your personal information is collected, used, or disclosed by these independent franchisees.

If you request Herbal Magic to disclose your personal information to one of our franchisees (for example, if you are participating in a weight loss management program operated by Herbal Magic and wish to change locations to a program operated by one of our franchisees), your personal information will be disclosed to the applicable franchisee so that they may provide the products and services you have requested.

Should Herbal Magic assume the operation of one of our franchisees, the personal information in the possession of the franchisee will be handled as follows:

• collected and used by Herbal Magic so that we may carry on business of the former franchisee and provide you with the products or services that you have requested; and/or
• collected, used, and disclosed by Herbal Magic to a new franchisee so that the new franchisee may carry on business of the former franchisee and provide you with the products or services that you have requested.

www.herbalmagic.ca and the Internet

Herbal Magic operates the Web site www.herbalmagic.ca, which provides information about our products and services, and through which you can order and purchase products, request further information, request customer support, or make other inquiries. Personal information provided by you online is used to respond to your inquiries and fulfill your requests. Personal information that you voluntarily provide in response to our online questionnaires and surveys is used to help us learn more about our customers' interests and preferences, and to send you periodic information about our products and services (if you have chosen that option).

Our Internet servers may passively and automatically collect certain information about Web site visitors' traffic patterns, which may be linked to their Internet Protocol (IP) addresses (which are unique Internet “addresses” assigned to all Internet users by their Internet Service Providers). Server logs may record statistical information, such as visitors' IP addresses, type of operating systems, time and duration of visit, and pages requested, and identify categories of visitors by items such as domains and browser types. These statistics are only collected and used on an aggregate basis.

Our site makes use of cookies. Cookies are small text files offered to your computer by servers in order to keep track of your browser as you navigate the Web site. Cookies may be stored on your hard drive, or in temporary (cache) memory, in which case they are deleted when you shut down your browser or turn off your computer. We may use cookies to store preferences, record session information such as language preferences, develop aggregate information about Web site visitors' preferences and interests, record past activity at a site in order to provide better service when you return to our site, or customize Web page content based on your browser type or other information you provide. Unless a visitor specifically provides their identity to us (e.g. by providing information through an online form or sending us correspondence from the Web site), cookie information is anonymous and we will not know who the individual visitors are. Information gathered from cookies is only used on an aggregate basis. You can disable cookies using your Internet browser's settings. Please consult your browser's help function for information on how to disable cookies. Note: if you disable cookies, certain features of our Web site may not function properly.

Our Web site may contain links to other Web sites that are provided as a convenience only, and which may have different privacy policies and practices than Herbal Magic . Herbal Magic has no responsibility for such third party Web sites, and individuals are advised to review the privacy policies of any third party Web sites they visit.

Your Consent

Consent to the collection, use, and disclosure of personal information may be given in various ways. Consent can be express (for example, orally, electronically, or on a form you may sign describing the intended uses and disclosures of personal information) or implied (for example, when you provide information necessary for a service you have requested, or in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an “opt-out” option provided). Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney). Generally, by providing us with personal information, we will assume that you consent to our collection, use, and disclosure of such information for the purposes identified or as described in this privacy policy, if applicable, or otherwise at the time of collection. You may withdraw your consent to our collection, use, and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice. Note: if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain products or services to you.

Herbal Magic collects, uses, and discloses your personal information with your consent, except as permitted or required by law. We may be required or permitted under statute or regulation to collect, use, or disclose personal information without your consent, for example, to comply with a court order, to comply with local, provincial, or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.

Security

We protect your personal information using physical, electronic, or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Authorized employees, agents, and mandataries of Herbal Magic who require access to your personal information in order to fulfill their job requirements will have access to your personal information.

Access, Correction, and Contacting Us

Herbal Magic may establish and maintain a file of your personal information for the purposes described above, which will be accessible at Herbal Magic Corporate Office, 1069 Wellington Rd. S., Unit 108, London, Ontario, Canada, N6E 2H6. If you wish to request access or correction of your personal information in our custody or control, you may write to the above address, attention V.P. of Finance. Your right to access or correct your personal information is subject to applicable legal restrictions. If you wish to make inquiries or complaints or have other concerns about our personal information practices, you may write to the above address, e-mail us at magic@herbalmagic.ca or telephone us at 1-800-850-1702.

Policy Changes

This privacy policy may be revised from time to time. If we materially change our privacy practices, we will take reasonable measures to notify affected individuals of these changes in advance. If our personal information practices change at some time in the future, we will post the policy changes on our Web site to notify you of these changes and provide you with the ability to opt out of any new nonessential uses or disclosures of personal information. If you are concerned about how your personal information is used, you should check back at our Web site periodically or contact us as described above to obtain a current copy of this policy. This privacy policy is effective as of January 1, 2004.