Privacy Policy

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Last Updated: 22 May 2025

Your privacy is important to us

This privacy policy sets out how The Health and Wellness Center Inc., d/b/a Dr. Berg Nutritionals (“Dr. Berg Nutritionals,” “we,” “our,” or “us”) collects, uses, discloses, and protects (“Process” or “Processing”) the Personal Information or Personal Data that we collect when you visit website (the “Site”) or otherwise interact with us on our Site or through our text messaging services (the “Services”). Dr. Berg Nutritionals is committed to safeguarding your privacy.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, please do not use our Services. By accessing or using our Services, you agree to this privacy policy. This policy may change from time to time, and the changes to the policy are effective when posted on this page. The Effective Date at the top of the page reflects the last revision date of the policy. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this privacy policy to check for any changes. Your continued use of the Services after we make changes is deemed to be acceptance of those changes.

Children's Information

Our Site is not directed to or targeted towards those who are under 18 years of age. We do not intentionally allow users under the age of 18 to access our Site or use our Services, and we do not have actual knowledge that we have collected the Personal Information of anyone under the age of 16. If we learn that we a user under 16 has submitted Personal Information to us, or if we learn that the Personal Information is from one who is under 16, we will attempt to delete that Personal Data as soon as possible.

If you believe that we may have any Personal Data from a child under 16, please contact us at orders@drberg.com.

Information that we collect

We use the terms “personal information,” “personal identifiable information,” and “personal data” interchangeably to mean any information that identifies, relates to, or is reasonably capable of being associated with a particular living person or household in this Privacy Policy.

The following table shows the categories of personal information we collect, the sources of those categories of personal information, and the types of consumers affected.

List of cookies we collect

The table below lists the cookies we collect and what information they store.

Please note that there are places on our Site where a third party can provide your Personal Data (or you can provide a third party’s Personal Data). If you provide a third party’s Personal Data through the use of these features, you are making a representation that you have that third party's permission to provide their Personal Data and that they have agreed to the terms of this Privacy Policy. Where such features are made available, we will only use that information for the purpose for which it is given and does not otherwise store or use that information.

A Note about Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

Usage or Technical Data

We may automatically collect certain usage or technical data through the use of cookies or other similar tracking technologies. The information collected by these tracking technologies does not reveal your specific identity (like your name or contact information) but may include device, internet traffic, 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. We collect this information for the purpose of maintaining the security and operation of our Services, and for our internal analytics and reporting purposes.

A cookie is a piece of data contained in a very small text file that is stored in your browser or elsewhere on your hard drive. Cookies allow us to identify your device as you navigate our Site or your account. This makes navigating and interacting with our Site or your account more efficient, easy, and meaningful for you. Cookies do not, by themselves, identify you, but they recognize your web browser. If you have also otherwise identified yourself to us, such as signing in to your account, then we would have that information. We use both session and persistent cookies. Session cookies are cookies that disappear from your computer or browser when you turn off your computer. Persistent cookies stay on your computer even after you’ve turned it off.

[For a list of cookies we deploy see the “List of Cookies We Collect.”]

Examples of usage and technical data we collect include device data and log data. Device data includes information about your computer, phone, tablet or any other device you us to access the Site and use the Services, such as your operating system, system configuration information, IP address, device and application identification numbers, location, browser type, hardware model, and/or mobile carrier or internet service provider.

Third Party Collection

Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sharing of your personal data and your rights, please use the below links to Rakuten Advertising’s privacy policy and consumer privacy rights notice.

Privacy Policy : https://rakutenadvertising.com/legal-notices/services-privacy-policy/

Your Rights : https://rakutenadvertising.com/legal-notices/subject-requests/

What we do with the information we gather

We Process your personal information for a number of reasons, including to provide you with better service and to understand your needs, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails and, if you have enrolled in our text messaging promotion, text messages (SMS/MMS) about new products, special offers or other information which we think you may find interesting using the email address which you have provided
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
• The table below shows the purposes for which we use your information and the legal basis upon which we rely for such processing, including:

How we share and disclose information

Dr. Berg only shares personal information with affiliated companies, as well as business partners and service providers whom we rely on to help us provide better service to you. These companies need information about you to perform their service functions (such as to process and fulfill your order, verify your credit card information, and to protect you from fraud). We also share information with trusted companies that help us with marketing functions (such as to manage our Internet business and to market our products and services, including by administering our text messaging program). We may engage vendors to serve advertisements on our behalf across the Internet and to provide analytics services. These vendors may collect certain technical or other information from you (e.g. clickstream information, browser type, time and date, hardware/software information, cookie ID, IP address, etc.) when you visit our Site, and may use that information to provide advertisements about goods and services that are deemed to be of greater interest to you.

We may also share your information for any other purpose as disclosed at the time of collection, or when we have otherwise obtained consent. Please note that this policy is not intended to limit our ability to share or disclose aggregated, pseudonymized, or anonymized data. Dr. Berg also reserves the right to use or disclose information as needed to satisfy any law, regulation or legal request, to fulfill your requests, to cooperate in any law enforcement or similar investigation, or to conduct any internal investigation or similar function we deem appropriate to protect our business.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

DO NOT TRACK DISCLOSURE.

Some internet browsers include the ability to transmit “Do Not Track” signals. While we do not track IP addresses and where users come from or navigate to, we [do/do not] currently process or respond to “Do Not Track” signals. To learn more about “Do Not Track,” please visit “All About Do Not Track” at www.allaboutdnt.com.

Your Privacy Rights

You have privacy rights under certain US state data protection laws. However, please understand that some of these rights are not absolute, and we may decline your request as permitted by law. To exercise your US state privacy rights, please see the section below on How to Exercise State Consumer Privacy Rights. If you are in the UK or the EU/ EEA, please click here.

For California residents

The California Consumer Privacy Act ensures that California consumers have the following rights with respect to the collection, use, sharing, sale, and other processing of their Personal Information.

• The right to know what Personal Information has been collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing persona information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you;
• The right to access the Personal Information, including to obtain a copy that can easily be sent to another data controller;
• The right to correct inaccurate Personal Information;
• The right to request the deletion of your Personal Information, subject to certain exceptions;
• The right to opt-out of the sale or sharing of your Personal Information;
• The right to request the limitation of the use and disclosure of your Sensitive Personal Information;
• The right to opt-in to sale or sharing of your Personal Information (if you have previously affirmatively opted-out); and,
• The right not to be discriminated against for exercising any of your rights with respect to your Personal Information. We will not discriminate against you for exercising any of your California privacy rights. Unless permitted by applicable law, we will not:
• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; or,
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits our California users to request that we tell you what categories of Personal Information we disclosed to third parties for their direct marketing purposes in the previous twelve (12) months, and to whom we disclosed them. To make such a request, please send an email to orders@drberg.com with the subject line “California Shine the Light Request” or contact us using the information provided in the “Contact Us” section.

For Nebraska

The Nebraska Data Privacy Act provides the following rights to Nebraska residents:

• Right to Confirm the Processing of and Access to Personal Data – you may ask us to confirm whether we are processing your personal data and to access the personal data;
• Right to Correct Inaccurate Personal Data – you may ask us to correct any inaccuracies in your personal data;
• Right to Delete – you may ask us to delete personal information that was provided by you to us or that we obtained about you from a third-party source;
• Right to Data Portability – you may request a copy of your personal data in a readily usable format;
• Right to Opt-Out of Sale, Targeted Advertising, or Profiling in furtherance of a decision – you may opt-out of the processing of your personal information for sale, targeted advertising or profiling in furtherance of a decision that produces a legal or similar significant effect concerning you.

For Texas Residents

The Texas’ Data Privacy and Security Act provides you with the following consumer rights:

• Right to Access – you may ask us to confirm whether we are processing your personal information and to access the personal information;
• Right to Correct – you may ask us to correct any inaccuracies in your personal information;
• Right to Delete – you may ask us to delete personal information that was provided by you or that we obtained about you;
• Right to Data Portability – you may request a copy of your personal data in a readily usable format;
• Right to Opt-Out of Sale, Targeted Advertising, or Profiling in furtherance of a decision – you may opt-out of the processing of your personal information for sale, targeted advertising or profiling in furtherance of a decision that produces a legal or similar significant effect concerning you.

How to exercise state consumer privacy rights

You may request to exercise your consumer rights twice a calendar year. You may exercise your respective state privacy rights by either calling us at 800-816-8184 or submitting a request by email to orders@drberg.com.

We will only use the information you provide in connection with your request to process that request. Because of the on-going nature of your right not to have your Personal Information sold under the applicable state law, we will retain the information provided in this request until you withdraw the request.

To act upon your request, we will need to verify your identity to a reasonable degree of certainty considering the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction. We may therefore ask you to provide three points of Personal Information which you have previously provided to us that we can use to match against our records to verify your identity. In addition, we may require you to submit a signed declaration under penalty of perjury stating you are the individual whose Personal Information is subject to the request. We may not be able to respond your request if you decline to provide the verifying details or if any of the details are incorrect.

In general and unless otherwise stated in the above sections describing your rights, we will respond to your request within forty-five (45) days. If necessary, we may extend the time to respond by a further forty-five (45) days. If for any reason we decide to decline to respond to your request, we will notify you and provide our explanation and any appeal process that may be available to you. We will provide this notice within the first forty-five (45) days after receiving your request.

Withdrawing Your Consent

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at orders@drberg.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

List of cookies we collect

The table below lists the cookies we collect and what information they store.

COOKIE names	COOKIE Description
CART	The association with your shopping cart.
CATEGORY_INFO	Stores the category info on the page, that allows to display pages more quickly.
COMPARE	The items that you have in the Compare Products list.
CURRENCY	Your preferred currency
CUSTOMER	An encrypted version of your customer id with the store.
CUSTOMER_AUTH	An indicator if you are currently logged into the store.
CUSTOMER_INFO	An encrypted version of the customer group you belong to.
CUSTOMER_SEGMENT_IDS	Stores the Customer Segment ID
EXTERNAL_NO_CACHE	A flag, which indicates whether caching is disabled or not.
FRONTEND	You session ID on the server.
GUEST-VIEW	Allows guests to edit their orders.
LAST_CATEGORY	The last category you visited.
LAST_PRODUCT	The most recent product you have viewed.
NEWMESSAGE	Indicates whether a new message has been received.
NO_CACHE	Indicates whether it is allowed to use cache.
PERSISTENT_SHOPPING_CART	Link to information about your cart and viewing history if you have asked the site.
POLL	The ID of any polls you have recently voted in.
POLLN	Information on what polls you have voted on.
RECENTLYCOMPARED	The items that you have recently compared.
STF	Information on products you have emailed to friends.
STORE	The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE	Indicates whether a customer allowed to use cookies.
VIEWED_PRODUCT_IDS	The products that you have recently viewed.
WISHLIST	An encrypted list of products added to your Wishlist.
WISHLIST_CNT	The number of items in your Wishlist.

Text Messaging Program Privacy Policy

This Text Messaging Program Privacy Policy explains how The Health & Wellness Center, Inc. dba Dr. Berg Nutritionals (“Dr. Berg”) collects and uses information about you in relation to its text message marketing program (the “Messaging Service”). We use Attentive to provide the Messaging Service to you. For the purposes of the Messaging Service, Attentive acts as our service provider and data processor of your information. This Text Messaging Program Privacy Policy is intended to supplement our Privacy Policy with information specific to the Messaging Service, but does not replace our Privacy Policy.

Collection of Information

We collect various information on our behalf from and about you, including information you directly provide when you use the Messaging Service. For example, we collect the phone number and email address you provided when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages.

We may also collect information about you using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable personalization of your experience on the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).

If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service.

Use of Information

We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.

Sharing of Information

We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances:

• Service Providers. We may share your information with third parties to help us provide the Messaging Service to you.
• Legal Requirement and Protection of Attentive and Others. We may disclose your information as we believe such disclosure is necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce a contract with us; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.

From time to time, we may share aggregate or de-identified information about use of the Messaging Service and such aggregated or de-identified information may be shared with any third party, including advertisers, promotional partners, and sponsors.

Protection of Information

We take a variety of physical, technical, administrative, and organizational security measures based on the sensitivity of the information we collect to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no online activity can be guaranteed to be 100% secure. While we strive to protect your information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information you provide. We do not accept liability for unintentional disclosure.

Retention of Information

We retain your information for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations. We will also retain and use your information as necessary to resolve disputes, protect us and our customers, and enforce our agreements.

Choices and Controls

Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT . For additional opt-out information, please review our Terms.

Customer Care

If you are experiencing any problems with the Messaging Service, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.

Contact Us

If you have any questions, comments, complaints or requests regarding this Privacy Policy, including any requests to exercise your rights, please let us know at the following address:

The Health and Wellness Center Inc., d/b/a Dr. Berg Nutritionals

Address: 4501 Ford Avenue, Alexandria, VA 22302, U.S.A.

Email Address: orders@drberg.com

Telephone No: 703-354-7336

GDPR/UK

Data Controller

The Health and Wellness Center Inc., d/b/a Dr. Berg Nutritionals, with our global headquarters at 4501 Ford Avenue, Alexandria, VA 22302, is the controller of any Personal Data collected from you on the website or otherwise for the purpose of conducting or developing our business with you. Where processing of Personal Data is undertaken by our affiliated companies, they are joint controllers with Dr. Berg of your Personal Data.

International Transfers of Your Personal Data

We are headquartered in the United States, a country that the European Commission has deemed to not provide an adequate level of data protection. Further, our affiliates and our third party service providers having access to Personal Data may be located outside of the European Economic Area (“EEA”), and not always in a country that is recognized as having an adequate level of protection for Personal Data. Personal Data may therefore be transferred outside of the EEA. These transfers are necessary to perform our agreement with you or implement pre-contractual measures at your request. In some cases, the transfer is necessary to conclude or perform a contract in your interest, such as to provide services.

We ensure that a similar level of protection as that you enjoy in the EEA is given to your Personal Data by requiring that transfers to an Affiliate or service provider located outside of the EEA are covered by an appropriate transfer mechanism, including the EU Standard Contractual Clauses approved by the European Commission. Please contact us if you would like further information about the specific mechanism we use when transferring your Personal Data out of the EEA. You have the right to obtain a copy of the contract under which your Personal Data is transferred outside of the EEA. To do so, please reach out to us at the email address provided above.

Data Subject Rights

The General Data Protection Regulation provides you, the data subject, with certain rights. These include:

• The Right to Access to your Personal Data (commonly referred to as a "data subject access request"). This allows you to receive a copy of the Personal Pata we hold about you and to verify that we are lawfully processing it.
• The Right to Rectification of your Personal Data. This allows you to have incomplete or inaccurate data we hold about you amended or corrected. Please note that we must verify the accuracy of the new data you provide to us.
• The Right to Object to the Processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is an element of your particular situation that causes you to object to processing on that ground, as you believe it has an impact on your fundamental rights and freedoms. You also have the right to object where we process your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.
• The Right to Erasure of your Personal Data (commonly referred to as the “right to be forgotten”). You can ask us to erase or delete Personal Data when we have no valid reason to continue processing it. You also have the right to ask us to erase or delete your Personal Data where you have successfully exercised your right to object to processing (above), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Please note, however, that we may not always be able to comply with your request for erasure for specific legal reasons. If that is the case, we will notify you of those legal reasons at the time of your request. 
• The Right to Request the Restriction of the Processing of your Personal Data. You may ask us to suspend the processing of your personal data in the following scenarios:
• If you want us to establish the accuracy of the data.
• When our use of the data is unlawful but you do not want us to erase it.
• When you need us to keep the data even if we no longer need it because you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data, but we need to check whether we have overriding legitimate grounds for using it.
• The Right to Request the Transfer of your Personal Data to you or a third party (commonly referred to as the right to data portability). We will provide you, or a third party you choose, with your Personal Data in a structured, commonly used and machine-readable format. Note that this right only applies to automated information that you initially consented to us using or where we used that information to perform a contract with you. 
• The Right to Object to Direct Marketing (including profiling). You may object to our use of your Personal Data (including profiling) for direct marketing purposes, such as when we use your Personal Data to invite you to our promotional events.
• The Right to Withdraw your consent at any time where we rely on it to process your Personal Data. However, please note that withdrawing your consent will not affect the lawfulness of any processing that was carried out before you withdrew your consent. If you withdraw your consent, we may not be able to provide you with certain products or services. We will inform you if this is the case at the time you withdraw your consent.

Please note that some of these rights may be limited, such as where we have an overriding interest or legal obligation to continue to process the data.

Exercising Your Rights

If you wish to exercise any of the rights set out above, you may either call us at 800-816-8184 or submitting a request by email to orders@drberg.com.  and use the subject line “GDPR DSAR.” We will generally respond to your request within thirty (30) days. Where the request is more complex or if you have made multiple requests, we may extend our response time by another thirty (30) days for a total of sixty (60) days. If this is the case, we will inform you before the expiration of the first thirty (30) days.

No fees are generally charged

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is manifestly unfounded, repetitive or excessive. We may also refuse to comply with your request in these circumstances.

What we may need from you

We may ask you for specific information to help us confirm your identity and ensure your right to access your personal data (or exercise any of your other rights). This is a security measure to ensure that personal data is not communicated to a person who does not have the right to receive it. We may also contact you to request additional information in connection with your request in order to expedite our response.

Right to Lodge Complaint

Finally, you have the right to lodge a complaint with the data protection supervisory authority if you believe that your Personal Data is being processed in violation of the GDPR or the UK GDPR. You may lodge a complaint with the supervisory authority in the Member State of your residence, your place of work, or where the alleged infringement occurred. However, we would appreciate it if you could give us the opportunity to process your requests in advance.