Privacy Policy

Privacy Protection

Dr.’s Own, Inc. (“Company”, “we”, “us”, or “our”) is strongly committed to protecting the privacy of your personal information collected at or in connection with a Company website, goodfeet.com, all websites that display or link to this Online Privacy Policy (the “Policy”) including other media forms, media channels, mobile website, or mobile application related or connected thereto, and/or short message service marketing or text messaging (collectively, the “Website”). This Policy describes the information we collect and how we use it. By visiting our Website, you consent and agree to our Policy, and our collection, use and sharing of your information and data, and other activities, as described below. If you do not agree to the terms of this Policy, please do not provide us with any personal information and do not use the Website.

1. Information Collection

We collect and store personally identifiable information (“Personally Identifying Information” or “Personal Information” as defined below) about you via our Website when you provide it through various forms and places on the Website or our Customer Service Department such as in connection with the registration of your products, appointment scheduling, or when you sign up to receive our newsletters, special offers, and/or short message service marketing and/or text messaging which may also use multimedia messaging service and/or rich communications services (collectively “SMS Marketing”). We may ask you for personal information, such as your contact information (e.g. name, e-mail address, mailing address, and phone number). Occasionally, we may also ask you for other demographic information, such as gender, personal preferences, and information about your prior experiences with the Company’s products. Information revealing race, ethnicity, religion, or citizenship or immigration status, or combines demographic information with the personal information is treated as sensitive personal information under this Policy and will be processed under opt-in consent. When you submit your personally identifiable or demographic information on our Website, you are giving your consent to the collection, use, and disclosure of your information as set forth in this Policy.

Through your use of the Website, we may also gather certain information about your use of our Website. Generally, this information is collected through “traffic data”, and certain other tracking technologies described in the Technology Utilized Section below. This information may involve which of our pages are most popular and remembering you and your preferences, your IP address, UDID or other unique identifier, device functionality (including browser, operator system, hardware, mobile network information), device location/characteristics, geolocation information, city, time zone, and referring URL. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics, developing marketing plans, customizing content, and improving the Website. This usage information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device when you visit or interact with our Website. We may share or transfer such aggregate, non-personally identifiable information with or to our affiliates, licensees, partners and other third parties. We may combine automatically collected Website usage information with your personal information. In those cases, we will apply this Policy to the combined information.

Mobile Data: We may use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information, such as how often you use the application or Website, the events that occur within the application or website, aggregated usage, performance data and where the application was downloaded from. We do not link the information we store within the analytics software to any Personally Identifying Information you submit within the mobile application or Website. No personally identifiable mobile information will be shared with unaffiliated third parties for marketing/promotional purposes. This excludes text messaging originator opt-in data and consent; this information will not be shared with any unaffiliated third parties.

SMS Marketing: We only will add your mobile phone number to our Text Program if you opt in and provide consent to participate to our Text Program. Regardless of the opt-in method you utilized to join the Text Program, you agree that this Policy applies to your participation in the Text Program. By

completing our opt in process, you expressly consent to receive marketing and non-marketing text messages from us, including text messages made with an auto dialer, at the mobile number you provide. These messages can be recurring or one-time. Opting in to receive marketing and non-marketing text messages is not required to purchase any products or services from us. By providing your mobile number and opting in, you agree you have ownership rights or permission to use the number given to us, you are the current subscriber or customary user of the mobile phone number you provided, and you agree that standard text messaging and data rates from your wireless carrier may apply.

Minors: We do not knowingly collect information from children under the age of 13. We will delete any personal information collected that we later determine to be from a user younger than the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personal information to us, please contact Customer Support using the contact information contained in this Policy.

2. Use/Disclosure of Personal Information

As a general policy, we use personal information and message data for internal purposes only. We do not sell or rent information about you. We will not disclose personal information or message data to third parties without your consent, except as explained in this Privacy Policy. The Company and its affiliates and subsidiaries may use your information as follows:

  • to provide information concerning products you have purchased;
  • to improve overall experience at the Website;
  • to provide you with information such as to send you electronic newsletters or to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about new products, services or upcoming events;
  • if you opt in to our Text Program, we may provide you marketing information and non-marketing information (i.e. reminders for appointments, etc.), special offers, promotions, and
  • marketing materials via your mobile phone on behalf of us or third parties, including to let you know about new products, services or upcoming events;
  • to improve the Website, marketing endeavors or our Website offerings;
  • to customize your experience on the Website or to serve you specific content or ads that are relevant to you;
  • to provide customer support and follow-up;
  • to provide third-party service providers Personally Identifying Information, which may include your name and contact information (including email address and phone number) with our authorized service providers to perform certain services on our behalf such as fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, etc.;
  • to contact you with regard to your use of the Website and, in our discretion, changes to the Website and/or Website’s policies;
  • to identify your product and Website preferences so that you can be informed of new or additional products, services and promotions;
  • to enable you to participate in a variety of the Website’s features such as to enable you to participate in online entry sweepstakes, contests or other promotions;
  • for internal business purposes; and
  • for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

The Company may share non-personal information, such as aggregated user statistics, with third parties in connection with website maintenance, upgrades, new releases, or analytics data review or compilation. The Company may also share your information, such as your name, email address, mailing address and/or telephone number to Good Feet business partners or affiliate companies to provide you with information about products, services and special offers we think may interest you or to improve our products, services and advertising. In addition, we may share the information we have collected

about you, including personal information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.

The Company cooperates with government and law enforcement officials to enforce and comply with laws. We may, therefore, disclose personal information:(1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the rights of the Company or to anyone that could be harmed by such activities; (2) to satisfy any applicable law, regulation, legal process (such as subpoena or court order); (3) to detect, prevent, or otherwise address fraud, security or technical issues;; (4) in situations involving threats to the physical safety of any person; (5) to protect against harm to the rights, property or safety of the Company, its users or the public, as required or permitted by law; or (6) to establish or exercise our legal rights and to defend against legal claims. The Company may also, in its sole discretion, disclose personal information to a subsequent owner, co-owner or operator of a Website or applicable database or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

If you are a California, Virginia, Colorado, Utah, or Connecticut resident, you have the right to request additional information about this sharing, please see Section 12 below (Supplemental Privacy Notice).

3. Information Security

Personal information collected at our Website is stored in secure operating environments that are not available to the public. Only those employees and service providers who need access to personal information in order to do their jobs are allowed access, each having confidentiality obligations. We use secure technology, privacy protection controls, and restrictions on employee access, to safeguard your personal information. Please note, however, that although we employ industry-standard security measures to safeguard the security of your personal information, no transmissions made on or through the Internet are guaranteed to be secure. Please note that we cannot ensure the security of any

information you transmit to us, and you use our Website and provide us with your information at your own risk. Any information provided in questionnaires or otherwise that would be considered personal health information will be treated under HIPAA guidelines and properly executed Business Associated Agreements

4. Access and Choice

If your personal information changes, or if you no longer desire our service, you may correct, update, amend, delete/remove, or deactivate it by contacting Customer Support via email using the contact information contained in this Policy and making a verifiable consumer request. We will try to respond to your request within a reasonable timeframe, although typical timeframes are within forty-five 45 days of receipt of a verifiable consumer request. If we require more time, we will inform you of the reason and an extension period in writing.

Verifiable Consumer Request: A verifiable consumer request means a request made by a consumer, or certain other persons authorized to act on the consumer’s behalf, and that the business can reasonably verify. Only you, or a person registered with the State’s Secretary of State that you authorize to act on your behalf, or someone with a Power of Attorney, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12- month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

5. Opt Out Requests:

Email: If for any reason you would no longer like to receive email marketing messages from the Company, you may follow the instructions contained within our promotional emails or update your

preferences on the Website form. Please allow up to ten (10) days for us to process your request. If your opt-out is limited to certain types or categories of emails the opt-out will be so limited. If you have questions or concerns regarding this statement, please contact Customer Support using the contact information contained in this Policy.

Analytics: We and our marketing partners, affiliates, or analytics or service providers, use technologies such as cookies, beacons, tags, browser fingerprinting, recognition technologies and scripts, to analyze trends, administer the Website, tracking users’ movements around the Website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

Cookies: We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our website. To learn more about how to opt out of Google’s use of first-party cookies, you can access the information through https://support.google.com/adsense/answer/10064044?sjid=888487556036684514-NA. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads help https://support.google.com/ad/answer/262922?hl=en. We may also use the following third-party data processors: Acuity, Salesforce, Active Campaign, Opt-In Monster, and Call Rail. To learn more about opting out, visit the corresponding data processor’s privacy link.

When you opt out, opt-out cookies will be placed on your browser. If you delete your cookies, change browsers, or change devices, you will need to repeat this opt-out process. Also, please note that this opt-out process will work only if your browser is set to accept all cookies. We may not control those tracking technologies and we are not responsible for them. However, you consent to potentially encountering third-party tracking technologies in connection with use of our Website and accept that

our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.

We use Local Browser storage to store content information and preferences. Third parties with whom we partner to provide certain features on our Website or to display advertising based upon your web browsing activity also use local storage to collect and store information. Various browsers may offer their own management tools for removing this data. If you want to delete this data manually, you can do so with your browser tools or use our site(s) in a private mode which will remove this local storage immediately after use.

SMS Marketing: You may opt out of SMS Marketing at any time. To opt out of future messages at any time, text STOP or reply STOP to any text message from us, contact us using the contact information contained in this Policy. You may receive an additional mobile message confirming your decision to opt out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above is not a reasonable means of opting out.

6. Do Not Track Signals

Some web browsers are developing or offering signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., a “Do Not Track” (“DNT”) signal). A DNT signal is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. We do not monitor or take any action with respect to DNT signals.

7. Ads and Information About You

We may work with third parties, such as network advertisers and ad exchanges that use tracking technologies on our Website in order to provide tailored advertisements on our behalf and/or on behalf of other advertisers across the Internet and we may use third-party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third-party

sites and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your activities (including past visits to our Website) across the Internet and mobile media (“Behavioral Ads”). Behavioral Ads enable us to target advertisements to you for products and services in which we believe you might be interested. If you object to receiving Behavioral Ads from us on third-party sites, you can learn more about your ability to limit Behavioral Ads below. Our third-party ad network and exchange providers, the advertisers and/or traffic measurement services may themselves set and access their own technologies on your device and track certain behavioral usage information via a device identifier. These third-party technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements; and (c) understand the usefulness of the advertisements that have been delivered to you.

Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We do, however, work with third parties to make efforts to have you provided with information on their practices and any available opportunity to exercise choice. We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties.

Further, while sites use a variety of companies to serve advertisements, you may wish to visit https://thenai.org/opt-out/, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver Behavioral Ads to you, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different device or change web browsers, your NAI opt-out may not, or may no longer, be effective. You may also opt-out of receiving Behavioral Ads on participating

sites and services by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices. Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs.

8. External Links

Our Website may offer links to and from other third-party sites. Other sites have their own policies regarding privacy. If you visit one of these sites, you may want to review the privacy policy on that site. For example, you may have linked to the Company’s brand site through a banner advertisement on another site. In such cases the site you have linked from may collect information from people who click on the banner or link. You may want to refer to the privacy policies on those sites to see how they collect and use this information.

9. Social Media Widgets

Our Website includes social media features (“Features”), such as the Facebook Like button, and widgets, such as the Share This button or interactive applications or mini-programs that run on our Website. These Features may collect your Internet protocol address, which page you are visiting on our Website, and may set a cookie to enable the Feature to function properly. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. If you click on social media icons on the Website (such as for Facebook, Twitter or Instagram), those actions may be associated with, and we may have access to, your Personal Information you provided on those third-party sites or applications. If so, we will then treat it as Personal Information under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction on our Website. Features are either hosted by a third party or hosted directly on our Website. Your interactions with these Features are governed by the privacy statement of the company providing it. You should review the applicable third-party privacy policies before using such third-party tools on our Website.

10. Blogs/Forums

Our Website may, from time to time, offer publicly accessible blogs or community forums where you can submit ideas, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions or other content, including personal information. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Please note that Company does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. To request removal of your personal information from our blog or community forum, contact Customer Support with the contact information contained in this Policy. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. We are not responsible for the privacy or security of any information that you make publicly available on the Website or what others do with information you share with them on the Website. We are not responsible for the accuracy, use or misuse of any user content that you disclose or receive from third parties through the Website.

11. International Users

Our Website is operated in the United States and intended for users located in the United States. Like almost every website, our Website can be accessed by an international audience. If you are located outside of the United States, please be aware that information we collect, including personal information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. In addition, such data may be stored on servers located outside your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than your own. By using the Website or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including personal information, in the United States as set forth in this Privacy Policy.

12. Supplemental Privacy Notice to California, Colorado, Connecticut, Utah, and Virginia residents.

This Supplemental Privacy Notice (“Supplemental Notice”) applies only to information collected about California, Colorado, Virginia, Utah, and Connecticut residents. We may reserve the right to modify and add any additional residents of states that implement similar privacy policies. It provides information required under the following laws (collectively, “US State Privacy Laws”):

  • California Consumer Privacy Act of 2018 and California Privacy Rights Act of 2020;
  • Colorado Privacy Act of 2021;
  • Connecticut Data Privacy Act;
  • Utah Consumer Privacy Act of 2022;
  • Virginia Consumer Data Protection Act of 2021.

The Supplemental Privacy Notice permits customers who reside in one of the specified states above to request and obtain from us twice a year, free of charge, information about the personal information (if any) we disclosed to third parties for the third parties’ direct marketing purposes in the preceding calendar year (see Right to Request Information below). In addition, our Supplemental Privacy Notice permits customers who reside in one of the specified states to request the right to have his or her information deleted (See Deletion Request Rights below). Your request to obtain information about the Personal Information we collect or your request to delete your Personal Information shall be within 45 days (unless your applicable state provides a longer period of time such as 60 days for certain states). If we require more time we will inform you of the reason and an extension period in writing. If you are a resident of one of these applicable states and would like to make such a request, please submit your request in writing to Customer Support via the contact information contained in this Policy.

Right to Request Information: For those residents of one of the specified states above, we shall disclose certain information to you upon your verifiable consumer request about our collection and use of your Personally Identifying Information two times over the past 12 months. Once we receive and confirm your verifiable consumer request we will disclose to you:

  • the categories of Personal information we collected about you;
  • the categories of sources for the Personal Information we collected about you;
  • our business or commercial purpose for collecting or selling that personal information;
  • the specific pieces of Personal Information we collected about;
  • the categories of third parties with whom we share Personal Information;
  • if we sold or disclosed your Personal Information for a business purpose.

Deletion Request Rights: Under our Supplemental Privacy Notice, we provide you the right to make a verifiable consumer request to delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3. Debug products to identify and repair errors that impair existing intended functionality.

4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5. Comply with the California Electronic Communications Privacy Act.

6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8. Comply with a legal obligation.

9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Right to Appeal: If your data request or request for deletion of data is rejected, you will receive a notification with the details of reason for rejection and instructions about how to make an appeal. Under our Supplemental Privacy Notice, for our Colorado, Virginia, and Connecticut residents, you have the right to appeal our decision on data subject requests and deletion requests within twenty (20) days of receiving our rejection notice. If you choose to appeal, please provide any necessary documentation, communication, and your reason for appeal to the contact information contained in this Policy. Please state that your request is an “Appeal” and describe the date and nature of your original request. We will respond to you within 60 days of receipt of your appeal.

Financial Incentives: We may offer you certain financial incentives permitted by applicable law and relative to residents of one of the specified states as provided above under our Supplemental Privacy Notice. These financial incentives can result in different prices, quality levels, rates, coupons, discounts, promotions, loyalty points, sweepstakes, contests, surveys, and other exclusive offers. When you participate in a financial incentive, we collect Personal Information from you. We reasonably estimate the value of the discount, coupon, or other financial incentive that we offer to you to be equal to or greater than the value we receive from a consumer’s Personal Information collected in connection with the offer. Any permitted financial incentive we offer will reasonably relate to your Personal Information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program is completely voluntary and requires your prior opt-in consent, which you may revoke at any time.

13. Notification of Changes

We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Website prior to the change becoming effective. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Your continued use of the Website after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our Website.

14. Contact Information

If you have any questions about the Privacy Policy or practices described in it, you should contact us in the following ways:

Dr.’s Own, Inc. Customer Support- Privacy 5923 Farnworth Ct. Carlsbad, CA 92008 Email: privacy@goodfeet.com

15. Non-Discrimination

We will not discriminate against you for exercising any of your privacy rights. Unless permitted by applicable law, we will not:

  • Deny you goods and services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.