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Privacy Notice
Effective: September 16, 2022
Updated: February 14, 2024
If you have any questions about our Privacy Policy, you can contact us at [email protected] and include ‘Privacy Policy’ in the subject line. If you have any questions related to data subject rights under the GDPR, and the UK GDPR, you can contact us through our Privacy Portal.
This Policy explains how we may Process your information. This Policy may be amended or updated from time to time, so please check it regularly for updates.
Emmasdiary.co.uk and its related app are operated by Lifecycle Marketing Group.
Lifecycle Marketing Group Ltd with its parents, affiliates and its subsidiaries (collectively, “LMG”, “us”, “our” or “we”), owns, operates, or provides access to, several interactive health, wellness, mobile and connected applications, and other online interactive features and services, including, but not limited to, emails, newsletters, chat areas, forums, communities, sweepstakes and contests for consumers (collectively “Services”). This Privacy Policy applies to all information collected about you when you interact with the Services, regardless of how it is collected or stored, and describes, among other things, the types of information collected about you when you interact with the Services, how your information may be used, when your information may be disclosed, how you can control the use and disclosure of your information, and how your information is protected.
Except as otherwise noted in this Privacy Policy, LMG is a data controller (as that term is used under the Data Protection Act 2018 (“UK GDPR”) and the EU General Data Protection Regulation (“GDPR”)), which means that we manage how and why the information you provide to us is processed. Please contact us using our Privacy Portal. Contact details are provided in Section 17 below. This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of your information, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make.
This Privacy Policy covers information collected through the website Emmasdiary.co.uk and its related application, which are operated by LMG.
We may Process: your personal details (e.g., your name); demographic data (e.g., your age); your contact details (e.g., your address); records of your consents; purchase details; information about your interactions with our content or advertising; any views or opinions you provide to us and any sensitive personal information you may share with us.
We may also Process information about you from your use of our Services (e.g., the type of device you are using, the internet service provider, etc.), including your interactions with content and advertising on the Services.
“Personal Information” means information that is about any individual, or from which any individual is directly or indirectly identifiable.
“Process”, “Processing” or “Processed” means anything that is done with any Personal Information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
We may Process the following categories of Personal Information about you:
● Personal details: your name; username or login details; password; areas or topics of interest; information provided in response to quizzes or surveys and photographs (if you or another user posts a photo on the service)
We also collect other kinds of information from you or other sources, which we refer to as “Other Information” in this Policy, which may include but is not limited to:
Under certain circumstances and depending on applicable law, some of this Other Information may constitute Personal Information. Personal Information together with Other Information is hereinafter referred to as “User Information”.
Where we need to Process your Sensitive Personal Information for a legitimate purpose, we do so in accordance with applicable law. The Services are not intended for use by children.
To the extent that information we collect is health data (such as your due date) or another special category of personal data subject to UK GDPR or GDPR, we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you register on our site or agree to allow us to track you. You can withdraw your consent at any time by unsubscribing as set out in Section 6 or changing your preferences as set out in Section 15.
Children. The Services are not intended for use by children, especially those under 13 (or applicable age in your country) (“Minor(s)”). Minors should not provide any Personal Information or use our public discussion areas, forums or chats. Minors under the age of 18 are not permitted to make purchases through the Services or obtain coupons or codes from the Services to purchase goods or services on third party websites. If, notwithstanding these prohibitions, your children disclose information about themselves in our public discussion areas, consequences may occur that are not intended for children (for example, they may receive unsolicited messages from other parties). If it is discovered that we have collected Personal Information from a Minor, we will delete that information immediately.
We may collect or obtain User Information about you: directly from you (e.g., where you contact us); in the course of our relationship with you (e.g., if you make a purchase); when you make your Personal Information public (e.g., if you make a public post about us on social media); when you download, install, or use any of our Services; when you visit our Services; when you register to use any part of the Services; or when you interact with any third party content or advertising on the Services. We may also receive User Information about you from third parties (e.g., social network sites). We may also create User Information about you, such as records of your interactions with us. LMG is not responsible for Personal Information you volunteer about yourself in public areas of the Services. This Policy does not cover the practices of third parties who may provide information about you to LMG.
Collection of User Information: We may collect User Information about you from the following sources:
● Data you provide: We may obtain your Personal Information when you provide it to us across our Services (e.g., where you sign up for emails, newsletters, calls or text (SMS) messages; register for site membership or create a profile or account on any part of the Services; enter a sweepstakes, contest, competition or prize draw; participate in surveys and quizzes; perform search queries through the Services; contact us via email, telephone or by any other means; make a purchase; etc.).
Please note that LMG is not responsible for the information you volunteer about yourself in the discussions in certain public areas of the Services, such as forums, blogs, wikis, chat rooms, private messages, message boards or other publicly accessible interaction, or information that you choose to make public in your member profile or other areas of the Services that allow users to upload or post content. We discourage users from posting such Personal Information in this fashion. You can change your publicly available information at any time via your profile page. To request removal of your Personal Information from these areas, please contact us using our Privacy Portal. In some cases, we may not be able to remove your Personal Information, in which case we will let you know we are unable to do so and why.
This Privacy Policy does not cover the practices of third parties, including those that may disclose information to LMG.
Creation of User Information. We may also create User Information about you, such as records of your interactions with us and details of your purchase history, for internal administrative purposes and analysis. We may also use User Information you have provided to us with data obtained from third parties to enhance our records or enhance our ability to provide products and services, such as appending additional information to your profile.
We may Process User Information for the following purposes: providing the Services to you; communicating with you; providing advertising to you on the Services and Channels; analysing engagement with our audience; observing user engagement and purchase activity across the Service and Channels; offering lead generation services; marketing our services and offerings to current and prospective customers; managing our IT systems; financial management; conducting surveys and quizzes; ensuring the security of our systems; conducting investigations where necessary; compliance with applicable law; and improving our Services.
The purposes for which we may Process User Information, subject to applicable law, include:
We may Process your User Information to contact you with information regarding services that may be of interest to you. You may unsubscribe for free at any time.
We may Process your User Information to contact you via email, telephone, text (SMS) message, direct mail, or other methods of communication to provide you with information regarding the Services that may be of interest to you. We may send information to you regarding the Services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.
You may unsubscribe from our programme at any time by following the unsubscribe link included at the bottom of every email we send or by visiting your profile and changing your communication preferences. We will not send you any further marketing emails once you have unsubscribed , but we may continue to contact you to the extent necessary for the purposes of any other Services you have requested or for additional emails you have signed up for.
We may Process your User Information by placing or reading Cookies and similar technologies on the Services and Channels. For more information, please see our Cookie Policy. Certain tracking technologies enable us to assign a unique identifier to you, and relate information about your use of the Services to Other Information about you, including your User Information for the purposes of learning more about you so we can provide you with relevant content and advertising. We and our partners also use these technologies to analyse trends; administer the Services; collect and store information such as user settings, anonymous browser identifiers and video viewing history; supplement to our server logs and other methods of traffic and response measurement; track users’ location and movements around the Services; gather demographic information about our user base; and to improve our understanding of traffic on the Services, visitor behaviour, and responses to promotional campaigns.
LMG and/or certain third parties may collect information about you for online behavioural advertising purposes in order for you to receive relevant interest-based advertising on the Services and on other websites, platforms and media channels. We use Online Data as well as other User Information to send you online behavioural ads. Online Data is aggregated with the Other Information and data we collect and/or similar data collected by partners to create groups of users and certain general-interest categories or segments that we have inferred. We use this information to get a more accurate picture of audience interests in order to serve ads we believe are more relevant to your interests.
LMG and its partners may use cookies and other tracking technologies to analyse trends, administer Services, track users’ movements around the Services and on third party sites, devices and applications, and to gather demographic information about our user base. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on the Services. Please see our Cookie Policy for more information, including a more in-depth explanation of what cookies are, the different types of cookies used on the Services, and how to change your cookie consents.
Tracking technologies on the Services may be deployed by LMG and/or by our service providers or partners. Certain tracking technologies enable us to assign a unique identifier to you, and relate information about your use of the Services to other information about you, including your User Information. We may match information collected from you through different means or at different times and use such information along with offline and online information obtained from other sources (including from third parties), including, but not limited to, demographic information and updated contact information, for the purposes of learning more about you so we can provide you with relevant content and advertising.
When you receive email messages or newsletters from us, we may use web beacons, customised links, clear GIFs or similar technologies to determine whether the email has been opened and which links you click in order to provide you with more focused email communications or other information, and/or to aggregate that information with other data we collect to use for some or all of the purposes outlined in this Privacy Policy.
We and our partners (including but not limited to e-commerce partners, affiliates, and analytics providers) also may use technologies such as pixel tags, e-tags, IP addresses, Local Shared Objects, Local Storage, Flash cookies and HTML5 to analyse trends; administer the Services; collect and store information such as user settings, anonymous browser identifiers and video viewing history; supplement our server logs and other methods of traffic and response measurement; track users’ location and movements around the Services; gather demographic information about our user base; and to improve our understanding of traffic on the Services, visitor behaviour, and responses to promotional campaigns. We may receive reports based on the use of these technologies by these third party companies on an individual and aggregated basis. For example, we may connect information about your IP address to known corporate or User Information and use the associated information related to aggregate content preferences to assist in our efforts to market services to you or the originating corporation(s). Various browsers may offer their own management tools for removing Local Storage. To manage Flash Local Shared Objects please click here .
We may use mobile analytics software to collect data and to better understand the functionality of our mobile software, devices and applications on your phone and other devices. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may link this information to User Information.
LMG and/or certain third parties may collect information about you for online behavioural advertising (“OBA”) purposes in order for you to receive relevant interest-based advertising on the Services and on other websites, platforms and media channels. OBA is also referred to as interest-based advertising.
LMG displays ads on both the Services and on the Channels. We may use Online Data as well as other User Information to send you OBA. For example, if you read an article about a particular subject on the Services, we may use cookies from a vendor to later serve you an advertisement for a particular product or service related to the viewed article. These third party vendors may connect information about pages you visit on the Services with information about pages you visit on other Channels and show you advertising based on this combined information. These advertisements may appear when you are visiting a different section of the Services or on another Channel. Likewise, third party vendors may serve you advertisements when you visit the Services based on your interaction with the Services and other Channels.
The specific providers we use for OBA are subject to change. For a list of some of the applicable providers or for information about how to opt out of tracking methods for these entities and others, click here. For more details about OBA and opting out, see Section 15 below.
Online Data is aggregated with the Other Information and data we collect as described in this Privacy Policy and/or similar data collected by partners to create groups of users and certain general-interest categories or segments that we have inferred based on (a) demographic or interest data and GeoIP Data, (b) the pages you view and links you click when viewing an email or using the Services and those of our partners, and/or (c) the search terms you enter when using certain search services. We use this information to get a more accurate picture of audience interests in order to serve ads we believe are more relevant to your interests. We store page views, clicks and search terms used for ad personalization targeting separately from your Personal Information.
We may Process your User Information where: you have given your consent; the Processing is necessary for a contract between you and us; the Processing is required by applicable law; the Processing is necessary to protect the vital interests of any individual; or where we have a valid legitimate interest in the Processing.
In Processing your User Information in connection with the purposes set out in this Policy, we may rely on one or more of the following legal bases, depending on the circumstances:
We may disclose your User Information to: legal and regulatory authorities; our external advisors; parties who Process User Information on our behalf (“Processors”); any party as necessary in connection with legal proceedings; any party as necessary for investigating, detecting or preventing criminal offences; any purchaser of our business; and any third party providers of advertising, plugins or content used on the Services.
We may disclose your User Information to other entities within the Company group, for legitimate business purposes (including operating the Services, and providing services to you), in accordance with applicable law. In addition, we may disclose your User Information to:
For some of our Services, we may make some information, such as the name of our users, their mailing address, phone number, email address available on a rental or other basis (e.g., sale) to third party providers of goods and services, for example, when such information is provided in connection with certain content available on our websites. Depending on where you reside, when you register for certain Services, we may share the Personal Information you provide with certain advertisers and sponsors.
With respect to surveys and quizzes, in the event that responses are publicly disclosed, users will be notified at the time they take the survey or quiz. Otherwise, we will disclose only aggregate information regarding its users’ responses in surveys or quizzes to other participants in the survey. Where surveys or quizzes allow users to submit written comments, and where LMG advises users of the possibility of such disclosure at the time that they take the survey or quiz, LMG reserves the right to disclose any information provided by users, provided that no User Information identifying a specific user is disclosed.
LMG and some of our advertisers may use third party advertising service companies to serve advertisements, for OBA or otherwise, and perform related services when you interact with the Services. Often, these third party advertising companies employ cookies and other technologies to measure the effectiveness of website, app and email advertisements and to create a record of interaction with our content that they use in conjunction with their advertising which appears on other sites or applications, or for reporting website traffic, app use, statistics, advertisement data and/or other activities on the Services. We also engage third party providers to assist with the segmentation of this data.
We may also sell or transfer Online Data to certain third parties such as advertisers who will use this data to serve ads that they believe are relevant to your interests, and who agree to maintain the confidentiality of this information. Some of these third parties may combine the Online Data with their own data about you to form a more detailed picture.
We may engage third party providers to assist with the collection, storage and segmentation of Online Data and the providers are required to maintain the confidentiality of this information. These third party providers may collect User Information from our Services for their own purposes, including but not limited to monitoring fraud around the web.
We may also engage third parties for the purpose of recognizing our users and delivering interest-based content and advertisements to them. We may share your User Information with our partners such as your name, postal address, email, or other identifier. Our partners may also: (i) collect information directly from your device, such as your IP address, device ID, advertising ID, and information about your browser or operating system; (ii) combine User Information about you received from LMG with information about you from other sites or services; and (iii) place or recognize a unique cookie on your browser.
If we engage a third-party Processor to Process your User Information, the Processor will be subject to binding contractual obligations to: (i) only Process the User Information in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the User Information; together with any additional requirements under applicable law.
The Services contain links to other sites or partners whose information practices may be different from ours. You should consult the privacy policy of these third parties to learn how your privacy is protected.
BELOW IS A LIST OF OUR KEY PARTNERSHIPS. [AM1]
More details on these partnerships can be found on this page; PAMPERS, BARRETT & COE and OUTRA
We may also work with additional Partners not listed at time of your registration, please check back on a regular basis for any changes so you can opt in/ opt out to receiving additional information from those new clients.
To see our full list of Partners please click here. The following special terms apply in relation to the offers made by our Partners on this Site but we will not be responsible for, or liable in relation to these offers and you should contact the relevant partner directly in the event of a problem or complaint.
● Pampers (Proctor & Gamble): By joining Emma’s Diary and agreeing to receive samples and offers from our trusted partners, you are registering with Pampers and may receive communications from them in the form you have elected. You can unsubscribe at any time.
Procter & Gamble, as the data controller, will process your personal data to allow you to register with its site, interact with its services, and, depending on your consent, send you relevant commercial communications, including personalized ads in online media. For more information regarding the processing of your data by P&G and your privacy rights you can consult the full P&G Privacy Policy here.
● Barrett & Coe: By joining Emma’s Diary and opting into 3rd party activity you agree to be contacted by your local Barrett & Coe photographer to arrange a free photography session for you and your baby. This offer is non-transferable and no cash equivalents will be given. Please click Here for a full list of photography studios that we work with. We may also work with other photographic agencies from time to time. Barrett & Coe run the 'Baby of the Month' competition, for more information please click here. For more information about Barrett & Coe visit www.barrettandcoe.co.uk or to view their privacy policy click here http://www.barrettandcoe.co.uk/privacy-policy
● Outra: We will share your unidentifiable data with OUTRA Limited who are a Marketing Services provider. OUTRA will use this data to help them develop predictive data products which are used by leading brands to provide insight on their customers and prospects so they can better understand the kinds of products and services they would be interested in. This will help them communicate more effectively with others.
We may transfer your information to recipients in other countries. LMG, by way of its parent company Ziff Davis, Inc., participates in the E.U.-U.S. Data Privacy Framework, the UK extension to the EU-U.S. DPF, the Swiss-U.S. Privacy Framework and the APEC Cross Border Privacy Rules System. Where we transfer information from the European Economic Area (“EEA”) to a recipient outside the EEA that is not in an adequate jurisdiction, we do so on the basis of standard contractual clauses.
Because of the international nature of our business, we may need to transfer your information within the Ziff Davis group of companies, and to third parties as noted above, in connection with the purposes set out in this Policy. For this reason, we may transfer your information to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.
LMG and its associated affiliates and subsidiaries complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. LMG has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. LMG has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov.
We are committed to staying current with developments related to the Data Privacy Framework and may update our transfer mechanisms and safeguards as necessary to remain compliant. Any updates will be reflected in this Privacy Policy.
If you are a European individual with a privacy related complaint, concern or question about LMG’s privacy practices, please contact us through our privacy portal. Under certain conditions, more fully described on the Data Privacy Framework website, European individuals may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Where we transfer your personal information from the EEA to recipients located outside the EEA who are not in a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for information, we do so on the basis of standard contractual clauses. You may request a copy of the relevant standard contractual clauses using our privacy portal. Please note that when you transfer any personal information directly to an entity established outside the EEA, we are not responsible for that transfer of your information. We will nevertheless process your information, from the point at which we receive the data, in accordance with the provisions of this policy.
The Federal Trade Commission has jurisdiction over our compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, LMG commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact LMG at [email protected].
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, LMG commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to TrustArc, an alternative dispute resolution provider. The services of Trustarc are provided at no cost to you. For further information please visit https://trustarc.com/dispute-resolution/.
Under certain conditions, a binding arbitration option may be available to you in order to address complaints not resolved by any other means. For further information, please see Annex I of the EU-U.S. Data Privacy Framework Principles at: https://www.dataprivacyframework.gov/.
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, LMG commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF in the context of the employment relationship.
For a list of our subsidiaries and affiliates who also adhere to the DPF Principles, please click here.
Our privacy practices described in this Policy comply with the Asia-Pacific Economic Cooperation (“APEC”) Cross Border Privacy Rules System. To learn more about this program, please click here.
We implement appropriate technical and organisational security measures to protect your User Information. Please ensure that any Personal Information that you send to us is sent securely.
We have implemented appropriate technical and organisational security measures designed to protect your User Information against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law. In certain instances we may use Secure Sockets Layer encryption and/or transfer certain User Information in a non-human readable format to provide protection. However, we cannot guarantee there will not be a breach, and we are not responsible for any breach of security or for the actions of any third parties.
Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement reasonable measures to protect your information, we cannot guarantee the security of your data transmitted to us using the internet. Any such transmission is at your own risk and you are responsible for ensuring that any Personal Information that you send to us are sent securely.
We take every reasonable step to ensure that your User Information is kept accurate and up-to-date and are erased or rectified if we become aware of inaccuracies.
We take every reasonable step to ensure that your User Information that we Process is accurate and, where necessary, kept up to date, and any of your User Information that we Process that you inform us is inaccurate (having regard to the purposes for which they are Processed) is erased or rectified.
We take every reasonable step to limit the volume of your User Information that we Process to what is necessary.
We take every reasonable step to ensure that your User Information that we Process is limited to the User Information reasonably necessary in connection with the purposes set out in this Policy or as required to provide you services or access to the Services.
We take every reasonable step to ensure that your User Information is only retained for as long as they are needed.
We take every reasonable step to ensure that your User Information is only Processed for the minimum period necessary for the purposes set out in this Policy. The criteria for determining the duration for which we will keep your User Information are as follows: we will retain copies of your User Information in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Policy, unless applicable law requires a longer retention period. Unless there is a specific legal requirement for us to keep the information, we plan to retain it for no longer than is necessary to fulfil a legitimate business need.
Except as may be set forth in this Privacy Policy, your information will be retained by LMG for not more than 24 months (or until you request us to delete your information in line with UK GDPR) after which it shall expire. However, the 24 months period may commence again if you subsequently interact with the site or your communication preferences are updated.
You can directly take steps to change your preferences as outlined in this section.
If you are a UK or EU resident, you may have certain rights including: the right not to provide your Personal Information to us; the right of access to your Personal Information; the right to request rectification of inaccuracies; the right to request the erasure, or restriction of Processing, of your Personal Information; the right to object to the Processing of your Personal Information; the right to have your Personal Information transferred to another controller; the right to withdraw consent; and the right to lodge complaints with supervisory authorities. We may require proof of or need to verify your identity before we can give effect to these rights.
You may directly take steps to change your preferences as follows:
Access to Your Personal Information. Upon request LMG will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by logging into your account or contacting us through our Privacy Portal. We will respond to your request within a reasonable timeframe.
Your Communication Preferences. You can opt out or unsubscribe at any time by following the instructions at the end of the emails you receive. Please allow five to ten business days for changes to take effect. On some Services, member service-related communications are an integral part of such Services to which you subscribe and you may continue to receive emails as part of that particular portion of the Services unless you cancel your account, even if you unsubscribe. If you have provided more than one email address to us, you may continue to be contacted unless you request to unsubscribe each email address you have provided.
Push Notifications. We send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.
Location Based Services. You may opt-out of having your Precise Location Data collected by LMG at any time by editing the appropriate setting on your mobile device (which is usually located in the Settings area of your device).
OBA. LMG is a subsidiary of Ziff Davis, LLC, a member of the Digital Advertising Alliance (“DAA”) in the U.S., E.U. and Canada and uses third party assurance platforms to comply with the DAA principles. LMG strives to adhere to the self-regulatory organisation principles for the DAA (US), the DAAC (Canada) and the EDAA (EU and the UK). Online ads on the Services using Online Data are delivered with the DAA Ad Marker Icon , which helps users understand how their data is being used and provides choices for users who want more control. This icon is also on each of our web pages and applications where Online Data is collected that will be used for OBA purposes.
The DAA Ad Marker Icon provides information (and links to other information) on online behavioural ads, who is collecting and using your Online Data, how you can opt out and more. If you would prefer that we not collect Online Data that may be used to help determine which advertisements to serve you, opt out by clicking this icon, which can be found on most of our webpages and mobile applications.
When you use our website, we share information that we collect from you, such as your email (in hashed form), IP address, or information about your browser or operating system, with our identity partners/service providers. These partners return an online identification code that we may store in our first-party cookie for our use in online, in-app, and cross-channel advertising, and it may be shared with advertising companies to enable interest-based and targeted advertising. To opt-out of this use, please click here (https://youradchoices.com/token).
Cookies and Pixel Tags. You may change your Cookie Consent relating to our site at any time by visiting our Cookie Policy. You may also stop or restrict all cookies and pixel tags on your computer or purge cookies from your browser by adjusting your web browser preferences. However, if you “turn off,” purge, or disable cookies or pixel tags, although you may still use the Services, you may not be able to use all of the features, functions, or services available on the Services.
California Residents. In accordance with the California Online Privacy Protection Act, we may collect Personal Information about your online activities when you use the Services. While we give our users many avenues to opt out of providing Personal Information, we do not respond to Web browsers’ “do not track” signals. California’s “Shine the Light” law, Civil Code Section 1798.83, permits our users who are California residents to periodically request and obtain certain information about any Personal Information disclosed to third parties for direct marketing purposes. If you are a California resident and wish to make such a request or if you wish for us to refrain from gathering your Personal Information, please submit your request in writing to the contact details set out in Section 17 below.
EU and UK Residents. The GDPR and the UK GDPR provide certain rights for EU and UK residents. You may decline to share certain information with us, in which case we may not be able to provide some of the features and functionality of the Services. These rights include, in accordance with applicable law, the right to object to or request the restriction of processing of your information, and to request access to, rectification, erasure and portability of your own information. Where we process your information on the basis of your consent, you have the right to withdraw that consent at any time, this can be done via the Communication Preferences page of your profile or by using the unsubscribe link at the bottom of any email we have sent to you (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Information in reliance upon any other available legal bases). Requests should be submitted by contacting us using the Privacy Portal. If you are an EU or UK resident and have any unresolved privacy concern, you have the right to contact the appropriate Supervisory Authority and lodge a complaint.
For more information concerning your use of the Emma’s Diary website and application, please see our Terms and Conditions.
For more information concerning your use of the Emma’s Diary website and application, please consult the Terms and Conditions, which is incorporated by reference into this Privacy Policy. We recommend that you review the Terms and Conditions regularly, in order to review any changes we might make from time to time.
You may contact us at the addresses set out below or by emailing [email protected]. For UK GDPR and GDPR related inquiries, please use our webform at privacy portal.
Lifecycle Marketing Group Ltd
Compliance Department
Remenham House
Regatta Place
Marlow Road
Bourne End
Buckinghamshire
SL8 5TD
If you are an EU or UK resident, you may contact our Data Protection Officer at [email protected] or submit GDPR related inquiries to our Privacy Portal.
If you have any comments, questions or concerns about any of the information in this Policy, or any other issues relating to the Processing of User Information carried out by us, or on our behalf, please contact:
[email protected]
If you have an unresolved concern regarding your privacy or our use of data that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) by clicking here.
We may change this Privacy Policy from time to time, and all changes will be effective at the time we post them. If we believe there is a significant change to this Privacy Policy or our data collection and use practices, we will indicate on our websites that our Privacy Policy has changed prior to the change becoming effective. The then-posted version of the Privacy Policy supersedes all prior versions. Your continued access to or use of any of the Services shall be deemed your acceptance of the Privacy Policy.
We urge you to come back to this web page and review this Privacy Policy regularly so that you remain aware of the terms and conditions that apply to you.
Updated: March 22, 2024
IMPORTANT: LIFECYCLE MARKETING GROUP LTD AND ITS SUBSIDIARIES ("LMG") OPERATE THIS WEBSITE, OTHER HEALTH, WELLNESS, DIET, AND FITNESS WEBSITES THAT ARE PART OF THE LMG PORTFOLIO OF WEBSITES (COLLECTIVELY, THE "SITES") AND THE SERVICES RELATED TO OR OFFERED ON THE SITES (HEREINAFTER, THE "SERVICES"). LMG'S SERVICES MAY INCLUDE, WITHOUT LIMITATION, TOOLS, APPLICATIONS, EMAIL SERVICES, BULLETIN AND MESSAGE BOARDS, CHAT AREAS, NEWS GROUPS, FORUMS, COMMUNITIES, CALENDARS, AND DOWNLOADABLE MOBILE APPLICATIONS RELATED TO THE SITES OR PROVIDED THROUGH THE SITES. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SITE OR SERVICES. YOUR USE OF THE SITE OR SERVICES THROUGH IS GOVERNED BY THESE TERMS AND CONDITIONS ("TERMS"), WHICH HEREBY INCORPORATE BY REFERENCE THE EMMA’S DIARY PRIVACY NOTICE (TOGETHER WITH ANY UPDATES OR ADDITIONAL TERMS, THE TERMS AND PRIVACY NOTICE ARE COLLECTIVELY REFERRED TO HEREIN AS THE "AGREEMENT" OR “T&CS”).
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
1. This Site is for Informational Purposes Only and Does Not Provide Medical Advice.
The Sites and Services offer health and wellness related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Sites or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Sites or through the Services and no assurance can be given that the information contained in the Sites or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Sites and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Sites or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Sites, you do so solely at your own risk.
2. User Obligations
You agree to abide by all applicable local, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Sites and Services. You also acknowledge and agree that your use of the Internet and access to the Sites is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, LMG is not responsible for the security of any information transmitted to or from the Sites. LMG reserves the right to prohibit or terminate use of or access to the Sites at any time, without notice, for any reason whatsoever.
3. License Grant
These T&CS provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Sites conditioned on your continued compliance with these T&CS. You may print and download materials and information from the Sites solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
4. Prohibited Activities
The Sites and the Services are not intended for children under the age of 18 (or applicable age in your country), and children under 18 (or applicable age in your country) should not use the Sites or the Services. You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and are the sole property of Everyday Health, its Licensors, or our content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY EVERYDAY HEALTH TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
5. Message Boards, Chat Rooms and Posting Guidelines
LMG hosts message boards, chats and other public forums on its Sites and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Sites. These are public forums and any information that you post on the Sites or through the Services may be seen by anyone on the Internet. Any user will have the ability to edit their own posts after posting. When posting information on the Sites or through the Services, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don't post rumors or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, references to any health-related or medical information you provide must be included in your post.
In addition to the prohibited activities described above, when posting information and media on the Sites or through the Services you must not:
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. LMG or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. LMG and its licensors expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will LMG, its licensors, or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of LMG, its licensors or any of their subsidiaries or affiliates. LMG and its licensors have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. LMG employees typically moderate our boards on a daily basis. Unless otherwise stated, these moderators are not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, LMG and LMG’s moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms. By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submission Materials"), or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to LMG shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow LMG's use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
6. Commercial Transactions
Certain products or services may be offered for sale on the Sites or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by LMG or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service.
7. Third Party Content
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Sites by third parties, including information providers, are those of the respective authors or distributors and not LMG. Neither LMG, its licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither LMG nor its licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Sites or Services by anyone other than an authorized LMG or licensor representative while acting in his/her official capacity. You may be exposed through the Sites or Services to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Sites and Services at your own risk. We take no responsibility for your exposure to third party content on the Sites or the Services. LMG and its licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third-party sources. It should be understood that we do not advocate the use of any product or procedure described in the Sites or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error.
8. Sampling Policy
You may opt-in to receive product samples and/or gift packs (“Samples”) on the Site or through the Services. Offers are limited to the UK at one Sample per customer only. Sample contents may vary and be available for a limited period only at the discretion of the supplier. No endorsement or recommendation of the Samples is given or implied by any medical authority. Vouchers and products included within the Samples are not redeemable for cash, and their resale or auction is prohibited. You acknowledge that LMG does not manufacture these Samples and is therefore not liable for any product liability claims attributable to the Samples.
10. Sweepstakes, Contests, and Games
If LMG conducts a sweepstake, contest, or game on the Sites, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
11. Accounts, Passwords and Security
If any of the Sites or Services require you to open an account, you must complete the registration process by providing LMG with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to LMG which is untrue, inaccurate, not current or incomplete, LMG reserves the right to terminate your access and use of the Sites and/or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify LMG immediately of any unauthorized use of your account or any other breach of security. Neither LMG nor its licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by LMG, its licensors or another party due to someone else using your account or password.
12. Linking to the Sites
We reserve the right to disallow you to link to the Sites at any time at our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Sites. In the absence of a written agreement with us specifying how you may link to the Sites, use the following guidelines for adding one or more links to the Sites from your website:
13. Disclaimer Regarding Linked Third Party Sites
The links on any of the Sites and/or Services will let you leave the particular Sites or Service you are accessing in order to access a linked third-party site (the "Linked Sites"). LMG provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has LMG reviewed or approved the content which appears on the Linked Sites. LMG is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that LMG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
14. Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that LMG shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
15. Privacy
LMG's privacy policy with respect to the collection and use of your personally identifiable information is set forth in our Privacy Notice, and is incorporated by reference into these T&CS. BY ACCESSING THE SITES AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY NOTICE.
16. Disclaimer of Warranties
THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LMG, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION, OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.
17. Limitation of Liability
NEITHER LMG NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF LMG OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
18. Indemnification
You agree to indemnify, defend and hold LMG and its licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these T&CS; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services.
19. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by LMG infringe your copyright, you or your agent may send to LMG a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon LMG actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to LMG a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
20. Jurisdictional Issues
LMG makes no representation or warranty that the content and materials on the Sites or the Services are appropriate or available for use in locations outside the UK. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. LMG reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
21. Termination
You agree that LMG, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Sites or Services, and remove and discard any content within the Sites or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
22. Governing Law
These T&CS and the relationship between you and LMG shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. You and LMG irrevocably agree to submit to the personal and exclusive jurisdiction of the courts located in England and Wales and waive any jurisdictional, venue or inconvenient forum objections to such courts.
23. Waiver and Severability
The failure of LMG to exercise or enforce any right or provision of these T&CS shall not constitute a waiver of such right or provision. If any provision of these T&CS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions.
24. Successors and Assigns
We may perform any of our obligations or exercise any of our rights under this T&CS through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If LMG or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this T&CS. You may not assign your rights or obligations under this T&CS, by operation of law or otherwise, without our prior written consent.
25. Arbitration Clause
ARBITRATION NOTICE: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in England and Wales before a single arbitrator. The arbitration shall be administered JAMS, pursuant to its International Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of this Section entitled “Binding Arbitration” shall be null and void.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
24. Updates
We may modify these T&CS at any time, as we deem appropriate. If you disagree with the changes to the T&CS, you must discontinue your use of the Sites and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Sites or Services following such notice signifies your acceptance of the modified T&CS. It is your responsibility to review the T&CS regularly to be aware of such modifications. We reserve the right to modify or discontinue the Sites or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Sites or Services. If you object to any such changes, your sole recourse will be to cease access to the Sites or Services. Continued access to the Sites or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Sites or Services as so modified and your use of new Services will be governed by these T&CS.
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