This privacy notice for Modern Weight Loss, LLC (doing business as Modern Weight Loss) ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at Privacy@ModernWeightLoss.com.
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.
Do we process any sensitive personal information? We may process sensitive personal information when necessary with your consent or as otherwise permitted by applicable law. Learn more about sensitive information we process.
Do we collect any information from third parties? We do not collect any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.
In what situations and with which types of parties do we share personal information? We may share information in specific situations and with specific categories of third parties. Learn more about when and with whom we share your personal information.
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.
How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
Want to learn more about what we do with any information we collect? Review the privacy notice in full.
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
5. HOW LONG DO WE KEEP YOUR INFORMATION?
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
7. DO WE COLLECT INFORMATION FROM MINORS?
8. WHAT ARE YOUR PRIVACY RIGHTS?
9. CONTROLS FOR DO-NOT-TRACK FEATURES
10. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
11. DO WE MAKE UPDATES TO THIS NOTICE?
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:
Payment Data. We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is handled and stored by WellSync . You may find their privacy notice link(s) here: https://wellsync.com/privacy-policy/.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookie Notice: modernweightloss.com/cookies.
The information we collect includes:
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
In Short: We may share information in specific situations described in this section and/or with the following categories of third parties.
Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.
The categories of third parties we may share personal information with are as follows:
We also may need to share your personal information in the following situations:
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.
We also permit third parties and service providers to use online tracking technologies on our Services for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Services or on other websites.
To the extent these online tracking technologies are deemed to be a "sale"/"sharing" (which includes targeted advertising, as defined under the applicable laws) under applicable US state laws, you can opt out of these online tracking technologies by submitting a request as described below under section "DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?"
Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice: modernweightloss.com/cookies.
We may share your information with Google Analytics to track and analyze the use of the Services. The Google Analytics Advertising Features that we may use include: Google Analytics Demographics and Interests Reporting, Google Display Network Impressions Reporting and Remarketing with Google Analytics. To opt out of being tracked by Google Analytics across the Services, visit https://tools.google.com/dlpage/gaoptout. You can opt out of Google Analytics Advertising Features through Ads Settings and Ad Settings for mobile apps. Other opt out means include http://optout.networkadvertising.org/ and http://www.networkadvertising.org/mobile-choice. For more information on the privacy practices of Google, please visit the Google Privacy & Terms page.
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell such personal information. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at Privacy@ ModernWeightLoss.com.
In Short: You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by replying "STOP" or "UNSUBSCRIBE" to the SMS messages that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
If you would at any time like to review or change the information in your account or terminate your account, you can:
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. For further information, please see our Cookie Notice: modernweightloss.com/cookies.
If you have questions or comments about your privacy rights, you may email us at Privacy@ModernWeightLoss.com.
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
California law requires us to let you know how we respond to web browser DNT signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.
In Short: If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, or Virginia, you may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is provided below.
We have collected the following categories of personal information in the past twelve (12) months:
CategoryExamplesCollected
A. Identifiers
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name
YES
B. Personal information as defined in the California Customer Records statute
Name, contact information, education, employment, employment history, and financial information
YES
C. Protected classification characteristics under state or federal law
Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic data
YES
D. Commercial information
Transaction information, purchase history, financial details, and payment information
YES
E. Biometric information
Fingerprints and voiceprints
NO
F. Internet or other similar network activity
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements
NO
G. Geolocation data
Device location
NO
H. Audio, electronic, sensory, or similar information
Images and audio, video or call recordings created in connection with our business activities
YES
I. Professional or employment-related information
Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us
YES
J. Education Information
Student records and directory information
NO
K. Inferences drawn from collected personal information
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
NO
L. Sensitive personal InformationAccount login information, citizenship or immigration status, contents of email or text messages, debit or credit card numbers, drivers' licenses, financial information including account access details, genetic data, health data, precise geolocation, sex life or sexual orientation, social security numbers, state id card numbers and status as transgender or nonbinary
YES
We only collect sensitive personal information, as defined by applicable privacy laws or the purposes allowed by law or with your consent. Sensitive personal information may be used, or disclosed to a service provider or contractor, for additional, specified purposes. You may have the right to limit the use or disclosure of your sensitive personal information. We do not collect or process sensitive personal information for the purpose of inferring characteristics about you.
We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:
We will use and retain the collected personal information as needed to provide the Services or for:
Learn more about the sources of personal information we collect in "WHAT INFORMATION DO WE COLLECT?"
Learn about how we use your personal information in the section, "HOW DO WE PROCESS YOUR INFORMATION?"
We collect and share your personal information through:
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Learn more about how we disclose personal information to in the section, "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?"
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.
We have disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:
The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?"
We have sold or shared the following categories of personal information to third parties in the preceding twelve (12) months:
The categories of third parties to whom we sold personal information are:
The categories of third parties to whom we shared personal information with are:
You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:
Depending upon the state where you live, you may also have the following rights:
To exercise these rights, you can contact us by submitting a data subject access request, by emailing us at Privacy@ModernWeightLoss.com, by visiting http://ModernWeightLoss.com/Contact, or by referring to the contact details at the bottom of this document.
You can opt out from the selling of your personal information, targeted advertising, or profiling by disabling cookies in Cookie Preference Settings.
Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws.
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.
If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.
Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at Privacy@ModernWeightLoss.com. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?"
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this privacy notice. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO) by email at Privacy@ ModernWeightLoss.com, by phone at (512) 368-9171, or contact us by post at:
Modern Weight Loss, LLC
Data Protection Officer
3944 Ranch Rd 620 S
Austin, TX 78738
United States
Based on the applicable laws of your country or state of residence in the US, you may have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please fill out and submit a data subject access request.
This document contains important information regarding your right and obligations, as well as
conditions, limitations, and exclusions that might apply to you. Please read it carefully.
These terms and conditions (“Terms and Conditions”) described herein govern your use of our
online interfaces and properties (e.g. websites and mobile applications) owned and controlled
by Brello Health, LLC ("Brello" “we,” “us,” or “our”) including, but not limited to, the
https://www.brellohealth.com website (the "Site") as well as the services and products
("Products") available to users through the Site. [HEALTH CARE PROVIDER Brello] and its
affiliated entities (collectively defined as "Practice") provide the professional medical services
through Practice’s physicians (individually the "Provider" and collectively the "Providers"). Brello
provides only the non-clinical Site services ("Services"). The terms "you" and "your" means you
and any other person accessing your Brello account. Thank you for visiting our website. If you
want to use brellohealth.com, you must agree to conform to and be legally bound by the terms
and conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR
CONDITIONS, DO NOT USE OUR WEBSITE.
By using or accessing the Site, registering with the Site, and/or by clicking “I Agree,” you
acknowledge that you have read, understand, and agree to all terms and conditions contained
within these Terms and Conditions. Your compliance with these Terms and Conditions is a
condition to your use of the Site. If you do not agree to be bound by the Term of Use, promptly
exit the Site. Please also consult our Privacy Policy, which can be found here for a description
of our privacy practices and our Refund Policy, which can be found here for a description
regarding how Product returns are handled.
We do not provide Services or sell Products to children. If you are below the age of 18, you may
use our website only with the permission and active involvement of a parent or legal guardian. If
you are a minor, please do not provide us or other website visitors with any personal
information.
BY USING THE SITE OR OBTAINING SERVICES FROM THE SITE, YOU REPRESENT AND
WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS AND
YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT
ACCESS OR USE THE SITE.
We reserve the right to modify or discontinue this Site with or without notice to you. We shall not
be liable to you or any third party should we exercise its right to modify or discontinue the Site.
We do not guarantee continuous, uninterrupted, or secure access to our Site. The operation of
the Site may be interfered with or adversely affected by numerous factors or circumstances
outside of our control or through acts of God.
Access to certain portions of the Site or some of the resources it offers may require a user name
and password. Only registered users may access password-protected pages. You may be
asked to provide certain registration details or other information. It is a condition of your use of
the Site that all the information you provide on the Site is correct, current, and complete. If you
choose, or are provided with, a user name, password or any other piece of information as part
of our security procedures, you must treat such information as confidential, and you must not
disclose it to any other person or entity. You also acknowledge that your account is personal to
you and agree not to provide any other person with access to this Site or portions of it using
your user name, password or other security information. You are solely responsible for all
activities that occur under your account. You agree to notify us immediately of any unauthorized
access to or use of your user name or password or any other breach of security. We have the
right to disable your access to the Site at any time in our sole discretion for any or no reason,
including if, in our opinion you have violated any provision of these Terms and Conditions.
You are prohibited from violating or attempting to violate the security of the Site, including,
without limitation, (a) accessing data not intended for such user or logging onto a server or an
account which the user is not authorized to access; (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication measures without
proper authorization; (c) accessing or using the Site or any portion thereof without authorization,
in violation of these Terms and Conditions or in violation of applicable law; (d) taking any
action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
(e) introducing any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic
bombs or other material which is malicious or technologically harmful to the Site (or the servers,
networks, and databases which are connected to the Site); (f) using the Site to copy, store, host,
transmit, send, use, publish or distribute any material which consists of (or is linked to) any
spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer
software; (g) engaging in any activity that interferes with or disrupts the Site (or the servers,
networks, and databases which are connected to the Site); (h) forging headers or otherwise
manipulating identifiers in order to disguise the origin of any content transmitted through the Site
or develop restricted or password-only access pages, or hidden pages or images; or (i)
contacting other site users through unsolicited e-mail, telephone calls, mailings or any other
method of communication.
You agree you will not impersonate or attempt to impersonate us, our employees, another user,
or any other person or entity (including, without limitation, by using e-mail addresses associated
with any of the foregoing). You may not use any scraper, crawler, spider, robot or other
automated means of any kind to access or copy data on the Site, deep-link to any feature or
content on the Site, bypass our robot exclusion headers or other measures we may use to
prevent or restrict access to the Site. Violations of system or network security may result in civil
or criminal liability. Brello may investigate occurrences that involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting users who are involved
in such violations. You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of this Site or any activity being conducted on this Site
Our Privacy Policy is part of, and subject to, these Terms and Conditions. You may view our privacy policy here. If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, or (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity. You represent and warrant to Brello and Practice that you have the legal right and authorization to provide all User Information to Brello and Practice as required by Brello and Practice. You also agree not to edit or otherwise modify any content on the Site that is not owned by you.
These Terms and Conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should cease all use our Site. We may terminate these Terms and Conditions for any reason and at any time without notice to you. If you are concerned about these Terms and Conditions, you should read them each time before you use the Site. Any questions or concerns should be brought to our attention by sending an e-mail to info@brellohealth.com, and providing us with information relating to your concern.
You understand and agree that your use of our Site is limited and non-exclusive as a nontransferable revocable licensee. We may terminate your license to use our Site, and access to our Site, for any reason, and without prior notice.
All content on our Site is owned by us or our content suppliers. On behalf of ourselves and our
content suppliers, we claim all property rights, including intellectual property rights, for this
content and you are not allowed to infringe upon those rights. We will prosecute to the fullest
extent of the law anyone who attempts to steal our property. You agree not to copy content from
our Site without our permission. Any requests to use our content should be submitted to us by
e-mail to info@brellohealth.com. If you believe that your intellectual property rights have been
infringed upon by our Site, please notify us by sending an e-mail to info@brellohealth.com, or by
sending mail to us at the address listed below. Please describe in detail the alleged
infringement, including the factual and legal basis for your claim of ownership.
The information presented on or through the Site is made available solely for informational
purposes. We use reasonable efforts to update the information on the Site. However, the
contents of the Site are subject to change without notice. We make no representations or
warranties as to the accuracy, reliability, completeness, or usefulness of any information on the
Site. Any reliance you place on such information is strictly at your own risk. We disclaim all
liability and responsibility arising from any reliance placed on such materials by you or any other
visitor to the Site, or by anyone who may be informed of any of its contents.
The Site may include content provided by third parties. All statements and/or opinions
expressed in these materials, and all content other than the content provided by us, are solely
the opinions and the responsibility of the person or entity providing those materials. These
materials do not reflect our opinion. We are not responsible, or liable to you or any third party,
for the content or accuracy of any materials provided by any third parties.
Please contact us at the contact information provided at the end of these Terms and Conditions
if you have questions about the information presented on the Site.
We offer an online communication platform for Providers and you, their patients, to connect via
the Site through the use of synchronous and asynchronous telecommunications technologies.
The Site facilitates communication between you and Providers.
Brello does not provide medical advice or care. Practice delivers clinical services via the Brello
platform to Practice’s patients. Providers are independently contracted or employed by Practice.
Providers are not contracted or employed by Brello. The Providers, and not Brello, are
responsible for the quality and appropriateness of the care they render to you.
The Providers are independent of Brello and are merely using the Site as a way to communicate
with you. Any information or advice received from a Provider comes from them alone, and not
from Brello. Your interactions with the Providers via the Site are not intended to take the place
of your relationship with your regular health care practitioners or primary care physician. Neither
Brello, nor any of its subsidiaries or affiliates or any third party who may promote the Site or
Service or provide a link to the Service, shall be liable for any professional advice obtained from
a Provider via the Site or Service, nor any information obtained on the Site. Brello does not
recommend or endorse any specific Providers, tests, physicians, medications, products or
procedures. You acknowledge that your reliance on any Providers or information delivered by
the Providers via the Site or Service is solely at your own risk and you assume full responsibility
for all risks associated herewith.
Brello does not make any representations or warranties about the training or skill of any
Providers who deliver services via the Site or Service. You will be provided with available
Providers based solely on the information you submit to the Site. You are ultimately responsible
for choose your particular Provider.
The content of the Site and the Services including, but not limited to, text, copy, audio, video,
photographs, illustrations, graphics and other visuals, is for informational purposes only and
does not constitute medical advice, diagnosis, treatment or recommendations of any kind by
Brello. You should always seek the advice of your qualified health care professionals with any
questions or concerns you have regarding individual needs and medical conditions. All
information provided by Brello, or in connection with any communications supported by Brello, is
intended to be for general information purposes only, and is no way intended to create a
provider-patient relationship as defined by state or federal law. While Brello facilitates your
selection of, and communications with, Providers, Brello does not provide medical services and
the doctor-patient relationship is between you and the Practice Provider you select.
The information on our Site is provided on an “as is,” and “as available” basis. You agree that your use of our Site is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Site will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our Site will be corrected. Information on our Site should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the Site shall be to discontinue using the Site. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our Site, your use of our Site, or the content, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to our Site shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these Terms and Conditions.
You understand that our Site is not intended for emergency medical conditions or care. If you are experiencing a medical emergency, you should dial 911 immediately. You understand that failure to seek appropriate emergency care by dialing 911 during a medical emergency may result in serious injury or death.
Neither Brello nor Practice endorses any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Brello and Practice fully honor patient freedom of choice and, if you receive a prescription for medication, you always have the option to instruct Practice to transmit the prescription to the pharmacy of your choice.
Your placement of an order does not necessarily ensure that your order will be accepted. We may require additional information regarding your order if you have not provided all the information required to be completed. Once a properly completed order and authorization of your form of payment is received, we will process your order and arrange for shipment of prescribed medication through Southend Pharmacy. If, for some reason, it is determined that your Product(s) cannot be shipped within thirty (30) days following receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers or other customers who intend to resell items offered on our Site.
All Products purchased from our Site are delivered to shipment carriers. The risk of loss and titlefor such Products pass to you when they are delivered to the carrier. You may return Products in accordance with our Refund Policy, however, risk of loss and title for such returns remains with you until they are delivered to us or Southend Pharmacy.
We are not responsible for any obscene or offensive content that you receive or view from
others while using our Site. However, if you do receive or view such content, please contact us
by e-mail to info@brellohealth.com so that we can investigate the matter. Although we are not
obligated to do so, we reserve the right to monitor, investigate, and remove obscene or
offensive material posted to our Site.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of the Siteor your violation of these Terms and Conditions.
You agree to obey all applicable laws while using our Site. You agree that these Terms and
Conditions and all matters arising from them are governed by and shall be construed in
accordance with the laws of the State of Texas, without regard to conflicts of laws’ provisions.
YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US, EXCLUDING ANY
INTELLECTUAL PROPERTY RIGHT INFRINGEMENT CLAIMS WE PURSUE AGAINST YOU,
SHALL BE SETTLED SOLELY BY CONFIDENTIAL BINDING ARBITRATION PER THE
AMERICAN ARBITRATION ASSOCIATION COMMERCIAL ARBITRATION RULES. ALL
CLAIMS MUST ARBITRATE ON AN INDIVIDUAL BASIS, AND CANNOT BE CONSOLIDATED
IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANYONE ELSE. ALL
ARBITRATION MUST OCCUR IN HARRIS COUNTY, TEXAS. EACH PARTY SHALL BEAR
ONE HALF OF THE ARBITRATION FEES AND COSTS INCURRED, AND EACH PARTY IS
RESPONSIBLE FOR ITS OWN EXPENSES RELATED TO LEGAL REPRESENTATION AND
FEES.
We will try work in good faith to resolve any issue you have with Site, including Products and
Services ordered or purchased through the Site, if you bring that issue to the attention of our
customer service department. However, we realize that there may be rare cases where we may
not be able to resolve an issue to a customer's satisfaction.
You and Brello agree that any dispute, claim or controversy arising out of or relating in any way
to these Terms and Conditions or your use of the Site, including Products and Services ordered
or purchased through the Site, shall be determined by binding arbitration instead of in courts of
general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses
a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts.
Arbitration allows for more limited discovery than in court, however, we agree to cooperate with
each other to agree to reasonable discovery in light of the issues involved and amount of the
claim. Arbitrators can award the same damages and relief that a court can award, but in so
doing, the arbitrator shall apply substantive law regarding damages as if the matter had been
brought in court, including without limitation, the law on punitive damages as applied by the
United States Supreme Court. You agree that, by agreeing to these Terms and Conditions, the
U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and
that you and Brello are each waiving the right to a trial by jury or to participate in a class action.
This arbitration provision shall survive termination of these Terms and Conditions and any other
contractual relationship between you and Brello.
If you desire to assert a claim against Brello, and you therefore elect to seek arbitration, you
must first send to Brello, by certified mail, a written notice of your claim ("Notice"). The Notice to
Brello should be addressed to the physical address listed in the these Terms and Conditions
("Notice Address"). If Brello desires to assert a claim against you and therefore elects to seek
arbitration, it will send, by certified mail, a written Notice to the most recent address we have on
file or otherwise in our records for you. A Notice, whether sent by you or by Brello, must (a)
describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought
("Demand"). If Brello and you do not reach an agreement to resolve the claim within thirty (30)
days after the Notice is received, you or Brello may commence an arbitration proceeding or file
a claim in small claims court. During the arbitration, the amount of any settlement offer made by
Brello or you shall not be disclosed to the arbitrator. You may download or copy a form Notice
and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you
are required to pay a filing fee, after Brello receives notice at the Notice Address that you have
commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless
your claim is for more than US $10,000. The arbitration will be governed by the Commercial
Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes
(collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these
Terms and Conditions, and will be administered by the AAA. The AAA Rules and Forms are
available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them
from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these
Terms and Conditions. All issues are for the arbitrator to decide, including issues relating to the
scope and enforceability of these Terms and Conditions, including this arbitration agreement.
Unless Brello and you agree otherwise, any arbitration hearings will take place in Harris County,
Texas. If your claim is for US $10,000 or less, we agree that you may choose whether the
arbitration will be conducted solely on the basis of documents submitted to the arbitrator,
through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If
your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a
reasoned written decision sufficient to explain the essential findings and conclusions on which
the award is based. Except as expressly set forth in this arbitration agreement, the payment of
all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall
pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory
claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing
for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the
prevailing party, under the standards for fee shifting provided by law.
YOU AND BRELLO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Brello agree otherwise, the arbitrator may not consolidate more
than one person's claims with your claims, and may not otherwise preside over any form of a
representative or class proceeding. The arbitrator may award declaratory or injunctive relief only
in favor of the individual party seeking relief and only to the extent necessary to provide relief
warranted by that party's individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this
arbitration provision shall be null and void, but the remaining provisions of these Terms and
Conditions shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any
claims will be in state or federal courts located in and for Harris County, Texas
If any part of these Terms and Conditions are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms and Conditions are fully enforceable and legally binding.
These Terms and Conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our Site.
We are committed to providing each of our valued clients with excellent customer service. If youhave any questions or concerns, please do not hesitate to contact one of our professional customer service representatives at support@brellohealth.com
Support: info@brellohealth.com
Business Address
415 Westheimer RD. #103
Houston, TX 77006
Southend Pharmacy
415 Westheimer Rd. #103
Houston, TX 77006
1-888-BRELLO-1
This privacy notice for Modern Weight Loss, LLC (doing business as Modern Weight Loss) ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at Privacy@ModernWeightLoss.com.
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.
Do we process any sensitive personal information? We may process sensitive personal information when necessary with your consent or as otherwise permitted by applicable law. Learn more about sensitive information we process.
Do we collect any information from third parties? We do not collect any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.
In what situations and with which types of parties do we share personal information? We may share information in specific situations and with specific categories of third parties. Learn more about when and with whom we share your personal information.
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.
How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
Want to learn more about what we do with any information we collect? Review the privacy notice in full.
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:
Payment Data. We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is handled and stored by WellSync . You may find their privacy notice link(s) here: https://wellsync.com/privacy-policy/.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookie Notice: modernweightloss.com/cookies.
The information we collect includes:
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
In Short: We may share information in specific situations described in this section and/or with the following categories of third parties.
Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.
The categories of third parties we may share personal information with are as follows:
We also may need to share your personal information in the following situations: