Privacy Policy

TBH® BRANDS, LLC

TBH® Brands, LLC (“TBH® Brands” “we” or “us”) understands that your privacy is important. We want you to understand what information we collect from users of the totalbrainhealth.com and totalbrainhealth.com and tbhtoolbox365.com websites (the “Sites”) and our subscriptions, products and services accessed through our Sites, how we handle that information and how you can contact us to correct any information that we may have.

By accessing our Sites, or downloading or using any of our subscriptions, services or products, you expressly consent and agree to the terms and conditions of this Privacy Policy, including our use and disclosure of your personal information in accordance with this Privacy Policy. If you do not agree, then please do not use or access our Sites, services or products.

Each time a user accesses our Sites, this Privacy Policy should be reviewed because TBH® Brands reserves the right to change it from time to time without notice. Your continued use of our Sites two (2) days after such changes are posted on the Site constitutes your acceptance of such changes.

You must be at least 18 years of age to use or access the Sites or any products or services accessed through our Sites.

  1. Information Collected. You can browse our Sites without telling us who you are or revealing any personal information about yourself. We may track information provided to us by your browser, including the web site you came from, the type of browser you use, the time and date of access, the content that you access and other information that does not personally identify you. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.

TBH® Brands may collect personal information when you provide it to us, such as purchasing a subscription or any of the products or services offered by our Sites, or when you submit comments or suggestions to us via the Sites or otherwise. TBH® Brands may collect information in connection therewith such as your name, address, e-mail address, phone numbers and other relevant information.

When you purchase a subscription or a product or service we may store and collect certain of the information you provide to us or our third party processor, including without limitation:

  • Names, addresses, phone numbers and e-mail addresses;
  • Information about the subscription, product or service you have purchased;
  • Transactional information based on your activities on the Site;
  • Shipping and other information you provide to purchase or ship an item;
  • Information provided in the context of dispute resolution, correspondence through our Site, or correspondence sent to us; and
  • Additional personal information we ask you to submit to authenticate yourself or if we believe you are violating Site policies.

We may also maintain a record of your online order history, subscriptions and the aforementioned information in connection therewith. We do not sell or rent your personal information to third parties for their marketing purposes without your consent.

  1. Cookies and Web Beacons. “Cookies” are elements of data that a web site can send to a user’s browser and store on a user’s computer. A “web beacon” or “pixel tag” is typically an image used to pass information from your computer or mobile device to a website. We may use cookies and web beacons on our Sites to collect information about use of our Sites and to assist you with navigation during a use session or in completing certain forms and certain of these cookies may be retained on your computer.
  1. How the Information is Used. TBH® Brands uses your personal information to provide you with the services or products you request, or to provide information, e-mails, notices and reminders that we think you may find interesting or useful, or that you specifically request. We also may use your personally identifiable information to address problems, promote transactions, protect against error, fraud and criminal activity and to inform you about items, services, offers and updates on or with respect to our Sites and our products and services. We also use your personal information to improve our Sites and to analyze usage of our Sites. In addition, we may use your personal information to provide you information relevant to your use of the Site(s) or the products and services provided on the Sites. If you do not want to receive such communications, you should opt out of the receipt of such communications at info@totalbrainhealth.com.
  1. Disclosure of Information. We provide your personally identifiable information to our service providers, such as in connection with credit card processing, bill collecting, hosting services and shipping services if you ask us to facilitate shipments of items purchased through our Sites. These service providers have agreed to use such information only for the purpose of providing services to us and for your transactions. We also provide your personally identifiable information in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any user of our Sites or services to legal liability. In such events, we will disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, ZIP code, telephone number, e-mail address, user ID history, IP address, fraud complaints, purchase history, and anything else we may deem relevant. We also can release your personally identifiable information in connection with an investigation of fraud, theft, intellectual property infringement, piracy or other unlawful activity or activity that violates the applicable Subscription Agreement, this Privacy Policy and any other policies or terms on the Sites. We may also disclose your personally identifiable information in connection with an onward transfer (i) in connection with a merger, acquisition or sale of assets of TBH® Brands or (ii) to a third party working on behalf of or providing services to TBH® Brands. We may also provide your personally identifiable information to credit bureaus with which we may report information about your account, including information on late payments, missed payments, or other defaults on your account may be reflected in your credit report.
  1. Use of Other Users’ Information. Under no circumstances may you provide information about other users’ of our Sites to any third party without such users’ written consent and our consent. You are prohibited from using other users’ information to promote, market or solicit products or services. You may not put any user on any contact or e-mail list.
  1. Changing Your Information. You may review and change your personally identifiable information yourself on your account page or by emailing us at info@totalbrainhealth.com.
  1. Aggregated Information. We may use your information for the purpose of providing aggregated information about users (that is not personally identifiable to any user) to third parties.
  1. Data Integrity. TBH® Brands collects personally identifiable information that is relevant for the purposes for which it is to be used.
  1. Security. We have implemented and maintain reasonable security measures and practices to secure and protect against the unauthorized access, use, modification, destruction or disclosure of your personally identifiable information. However, no method of transmission or storage is completely secure, and we therefore cannot guarantee the security of your personally identifiable information.
  1. Links. The Sites may provide links to other web sites that we think you will find interesting or useful. We are not responsible for and have no control over the privacy policies of and use of information by these other sites and other third parties’ web sites that you link to from our web site, including, without limitation, any third party payment processor. Therefore, you should review such third parties’ policies prior to accessing or using such third parties’ sites and if any of such policies are not acceptable, you should not use such third parties’ sites or services. We cannot be responsible for the protection and privacy of any information that you provide while visiting such sites and such sites are not governed by this privacy statement.
  1. Governing Law and Waiver of Jury Trial. By accessing the Sites, you agree that any dispute with respect to privacy is subject to this Privacy Policy, including that the governing law with respect to any dispute is New Jersey, without giving effect to any conflicts of laws provisions, and that any and all claims are subject to limitations on damages. You agree that in the event of any dispute or claim with respect to this Privacy Policy or any privacy issues, the sole and exclusive jurisdiction for bringing any such action shall be in the state of New Jersey and you waive any claim of inconvenient forum. You waive any and all rights you may have to a jury trial with respect to any disputes, complaints, controversies and claims arising out of or relating to this Privacy Policy or your personally identifiable information provided, collected or stored by or on behalf of TBH® Brands, including without limitation, any and all statutory claims and common law claims.
  1. Effective Date. This Privacy Policy is effective as of December 23, 2013.