PRIVACY POLICY

Effective Date:   May 29, 2008

Welcome to the web site (“Web Site”) operated by The FRS Company (“we” or “us”).  We understand that you may be concerned about our collection, use, and disclosure of your information.  Accordingly, we have implemented this Privacy Policy (“Policy”) to describe the types of information that we collect, what we do with it, how we protect it, and when we disclose it to third parties.

How Do You Agree To The Policy? 

This Policy is a part of and subject to the Terms of Service (“TOS”).  Accordingly, when you enter into the TOS, you agree that you have read, understand, and agree that we can collect, use, and disclose your information in accordance with this Policy. If you do not agree or are not comfortable with any part of this Policy, you should not agree to the TOS (including this Policy) and you may not use the Web Site.  

How and When is the Policy Updated?  How are You Notified of these Changes?

We may, but are not obligated to, update this Policy from time to time.  Accordingly, you should periodically check the Web Site for any changes. 

What Categories of Information Are Collected Through The Web Site?

• Personal Information.  We collect information that can be used to identify you personally (“personal information”), such as your first and last name, mailing address, billing address, telephone number, email address, and communication preference.
• Other Information.  We also collect information that cannot be used to easily identify you, such as information about your computer hardware and software.

How Do We Collect and Use This Information?

• Personal Information.  We collect the personal information that you voluntarily provide to us when you use the Web Site.  For example, if you purchase a product from the Web Site, we will collect any information that you provide to us in any such transaction.  We use your personal information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving the Web Site, evaluating and fulfilling requests for purchases, and conducting follow-up marketing efforts. 
• Other Information.  Like the operators of most web sites, we may use tracking software and similar technology, which automatically collects information about your computer hardware and software, and use of the Web Site.  This information may be used by us for the operation of the Web Site and to provide general statistics regarding use of the Web Site.  Many commercial web site operators collect this information in similar ways. 
• Cookies.  Cookies are bits of electronic information that a web site can transfer to a visitor’s hard drive to help tailor and keep records of his or her visit.  Cookies allow web site operators to better customize visits to the site to the visitor’s individual preferences.  Many commercial web sites use cookies.  Although most web browsers automatically accept cookies, you can usually change your browser to prevent or notify you whenever you are sent a cookie.  This gives you the chance to decide whether or not to accept it.  However, if you set your browser such that it does not accept cookies, you may not be able to access certain of the features on the Web Site. 

When Will We Disclose Your Personal Information Without Your Consent?

Generally speaking, we will not disclose your personal information to third parties who are not our affiliates without your consent.  (We will, however, share your personal information with our affiliates.) We only share personal information with affiliates in order to process shipping, billing, or customer service requests regarding your order. We do not sell or exchange customer lists or customer information for marketing purposes with unaffiliated third parties.  However, we reserve the right to disclose your personal information without your consent for any of the following reasons:

• Disclosure to Successors.  We may disclose your personal information to any actual or potential successor-in-interest of ours, such as a company that is seeking to acquire us. 
• Third-Party Service Providers.We may disclose your personal information to third-party service providers who help us provide or maintain the Web Site.     We require by contract that these third-party service providers implement and maintain reasonable practices to protect your personal information. 
• Other Disclosure.  We will disclose your personal information without your consent to prevent an emergency, to protect or enforce our rights, to protect against suspected credit card fraud, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena, court order, or judicial proceeding, or legal process served on our Web site).

Can You Review and Change Your Personal Information?

Please call us at the number listed below if you would like to review or change your personal information.  Once we have reasonable assurances that it is you, we will let you review or change your personal information. 

How Do We Protect Your Personal Information?

Whenever we obtain your personal information, we will implement and maintain reasonable practices to protect your personal information from unauthorized access or disclosure.  While we will use such efforts, we cannot and will not act as insurers of the security of your personal information.  Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control. 

What About Children’s Personal Information?

We are not targeting the Web Site to children, and we do not knowingly collect contact information from children under the age of 13.  If you are under the age of 13, please do not email us, contact us, attempt to use the Web Site, submit information to the Web Site, or ask us to email you.  If you are under the age of 18 but over the age of 13, you should get permission from a parent or guardian before you email us, contact us, attempt to use the Web Site, submit information to the Web Site, or ask us to email you.

Registration

In order to use The FRS Company’s websites you are not required to register but have the option to fill out registration forms.  While filling out these forms you are required to give contact information (such as name and email address). We use this information to contact you about the services on our site in which you have expressed interest and process your orders. 

If you fill out these forms you may receive newsletters, and special offers on FRS healthy energy products.

The FRS Company is the sole owner of the information collected on The FRS Company’s websites. The FRS Company collects personally identifiable information from our users at several different points on our Web site.

Orders

If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). 

We use this information for billing purposes and to fill your orders.  If we have trouble processing an order, we will use this information to contact you.

If you place an order on a FRS Company website you may receive newsletters, and special offers on FRS healthy energy products.

Opt out

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication.

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address.  We will automatically send your friend a one-time email inviting him or her to visit the site.  The FRS Company stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. 

Your friend may follow the instructions in the one time email to opt out of future communications and be removed from our database.

If you sign up for a free trial of FRS healthy energy products, or purchase FRS healthy energy products from our websites we will collect your billing, shipping, and contact information.  This information will only be used to process your free trial or purchase and will not be shared with third parties other than as required to process your order.  You may also receive newsletters and special offers on FRS healthy energy products.

Service providers

We use other third parties to provide shipping, customer service, and credit card processing services to our customers.  When you sign up for a free trial of FRS healthy energy products or make a purchase on one of our websites we will share your billing, contact, and shipping information only as necessary for the third parties to provide that service.  These third parties are prohibited from using your personally identifiable information for any other purpose.

The FRS Company does not share, rent or trade PII with third parties for their promotional purposes.

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on our member information page by clicking on the login button on our member site at healthyenergy.com or frs.com  or by contacting us by telephone at 1 (877) FRS-4YOU.

The security of your personal information is important to us.  When you enter sensitive information such as credit card number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). 

We use both session ID cookies and persistent cookies.  We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

We set a persistent cookie to store your passwords, so you don’t have to enter it more than once.  Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.  Personally identifiable information is tied to cookies so that we can allow you to remain logged into our websites.

Some of our technology vendors use cookies on our site.  We have no access to or control over these cookies.

This privacy statement covers the use of cookies by The FRS Company only and does not cover the use of cookies by any third party

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. 

We reserve the right to modify this privacy statement at any time, so please review it frequently.  If we make material changes to this policy, we will notify you here or by means of a notice on our home page.

The FRS Company is a licensee of the TRUSTe Privacy Program.  TRUSTe is an independent, non-profit organization whose mission is to build user’s trust and confidence in the Internet by promoting the use of fair information practices.  This privacy statement covers the Web sites owned and operated by The FRS Company including www.frs.com, www.healthyenergy.com, www.frsplus.com, and www.frssport.com  Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this statement, you should first contact The FRS Copmany at 1 877 FRS-4YOU.  If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php TRUSTe will then serve as a liaison with us to resolve your concerns.

Who Do You Contact If You Have Any Questions About Privacy?

If you have any questions regarding privacy, you should call us at (888) 377-7587. 

The FRS Company
2101 Rosecrans Ave. Suite 3250
El Segundo, CA 90245
1-877-FRS-4YOU
Email: info@frs.com