In order to use some of our apps or websites, we may ask you to enter your name, email, current weight and height, target weight, fitness level, areas for improvement, and food preferences, and ask other onboarding questions. In some of our apps you are able to skip some of the onboarding questions by tapping on Skip or similar indication. We also automatically collect from your device: language settings, IP address, time zone, type and model of a device, device settings, operating system, Internet service provider, mobile carrier, hardware ID, Facebook ID, and some other unique identifiers (such as IDFA and AAID). We need this data to provide our services, analyze how our customers use the app, to serve ads.
For improving the app and attracting users, we use third party solutions. As a result, we may process data using solutions developed by Amplitude, Facebook, Firebase, Google, Apple, Appsflyer, Crashlytics. Therefore, some of the data is stored and processed on servers of such third parties. This enables us to (1) analyze different interactions (how often users make subscriptions, the average weight and height of our users, how many users chose a particular area for improvement); (2) serve ads (and are able to show them only to a particular group of users, for example, to subscribers). Consequently, we, in particular, better understand in what of our features and content you see the most value and are able to focus on them to enhance your experience and increase the quality of our products.
“GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
“EEA” includes all current member states to the European Union and the European Economic Area.
“Process”, in respect of personal data, includes to collect, store, and disclose to others.
TABLE OF CONTENTS
1. CATEGORIES OF PERSONAL DATA WE COLLECT
2. FOR WHAT PURPOSES WE PROCESS PERSONAL DATA
3. UNDER WHAT LEGAL BASES WE PROCESS YOUR PERSONAL DATA (Applies only to EEA-based users)
4. WITH WHOM WE SHARE YOUR PERSONAL DATA
5. HOW YOU CAN EXERCISE YOUR PRIVACY RIGHTS
6. AGE LIMITATION
7. INTERNATIONAL DATA TRANSFERS
9. CALIFORNIA PRIVACY RIGHTS
10. DATA RETENTION
11. HOW “DO NOT TRACK” REQUESTS ARE HANDLED
12. PERSONAL DATA CONTROLLER
13. CONTACT US
1. CATEGORIES OF PERSONAL DATA WE COLLECT
We collect data you give us voluntarily (for example, when you choose your areas for improvement or send us an email). We also may receive data about you from third parties (for example, when you sign in via Apple). Finally, we collect data automatically (for example, your IP address).
1. Data you give us
You provide us information about yourself when you register for and/or use the Service. For example: name, age, gender, data on physical characteristics (including height, weight, areas for improvement), fitness level, food preferences (including diet preferences; preferred number of meals, foods you do not like), meditation preferences, food and exercises you log, email address.
You also provide us with the following information when you purchase the BetterMe-branded items of apparel: size information (including clothes size), and purchase information (including delivery details, shipping and billing address, customer order number).
2. Data provided by third parties
When you use sign in with Apple to register an account in the App, we get personal data from your Apple ID account. This data may include, in particular, your name and verified email address. You may choose to share your real email address or an anonymous one that uses the private email relay service. Apple will show you their detailed privacy information on the sign in with Apple screen. Find more about sign with Apple here.
3. Data we collect automatically:
3.1. Data about how you found us
We collect data about your referring app or URL (that is, the app or place on the Web where you were when you tapped on our ad).
3.2. Device and Location data.
We collect data from your mobile device. Examples of such data include: language settings, IP address, time zone, type and model of a device, device settings, operating system, Internet service provider, mobile carrier, hardware ID, and Facebook ID.
3.3. Usage data
We record how you interact with our Service. For example, we log your taps on certain areas of the interface, the features, and content you interact with, workouts you do, the time and duration of your workouts, how often you use the App, how long you are in the app, your training program progress, and your subscription orders. We also record the ads in our App with which you interact (and the Internet links to which those adds lead).
3.4. Advertising IDs
We collect your Apple Identifier for Advertising (“IDFA”) or Google Advertising ID (“AAID”) (depending on the operating system of your device). You can typically reset these numbers through the settings of your device’s operating system (but we do not control this).
3.5. Transaction data
When you make payments through the Service, you need to provide financial account data, such as your credit card number, to our third-party service providers. We do not collect or store full credit card number data, though we may receive credit card-related data, data about the transaction, including: date, time and amount of the transaction, the type of payment method used.
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our Service. A persistent cookie remains on your hard drive for an extended period of time. We also use tracking pixels that set cookies to assist with delivering online advertising.
Cookies are used, in particular, to automatically recognize you the next time you visit our website. As a result, the information, which you have earlier entered in certain fields on the website may automatically appear the next time when you use our Service. Cookie data will be stored on your device and most of the times only for a limited time period.
2. FOR WHAT PURPOSES WE PROCESS YOUR PERSONAL DATA
We process your personal data:
1. To provide our Service
This includes enabling you to use the Service in a seamless manner and preventing or addressing Service errors or technical issues.
To host personal data and enable our App to operate and be distributed we use Amazon Web Services, which is a hosting and backend service provided by Amazon.
To monitor infrastructure and the App’s performance, we use Crashlytics, which is a monitoring service provided by Google. Here’s its Data Collection Policy
Once you have successfully placed an order, to deliver the products you purchased to you we use delivery service providers.
2. To customize your experience
We process your personal data, in particular, such as your characteristics and preferences, to adjust the content of the Service and provide content tailored to your personal preferences. As a result of such processing, you get access, for example, to a nutrition plan containing only vegetarian products or a customized meal plan offer (in the in-App chat) tailored for achieving your goals.
3. To manage your account and provide you with customer support
4. To communicate with you regarding your use of our Service
We communicate with you, for example, by push notifications. These may include reminders and motivational messages encouraging you to follow your training and nutrition plan, or other information about the App. As a result, you may, for example, receive a push notification every day at a particular time reminding you to work out. To opt out of receiving push notifications, you need to change the settings on your device.
The services that we use for these purposes may collect data concerning the date and time when the message was viewed by our App’s users, as well as when they interacted with it, such as by clicking on links included in the message.
5. To research and analyze your use of the Service
This helps us to better understand our business, analyze our operations, maintain, improve, innovate, plan, design, and develop the Service and our new products. We also use data for statistical analysis purposes, to test and improve our offers. This enables us to better understand what features and training plans of the Services our users like more, what categories of users use our Services. As a consequence, we often decide how to improve the Service based on the results obtained from this processing. For example, if we discover that users more often engage in workouts designated for legs, we may develop and introduce a new workout for this area into the App.
To analyze how visitors use the Service and to measure the effectiveness of some ads we use Google Analytics, a web analysis program of Google. On Google Analytics we get, in particular, information on the data you enter on our website and users’ interactions within the website. Google allows you to influence the collection and processing of the information generated by Google, in particular, by installing a browser plug-in, available here. You can read more about how Google uses the information here.
To perform standard product analysis, we also use Fabric Answers, which is an analytics service provided by Crashlytics, a business division of Google. Data Processing and Security Terms. Privacy information.
6. To send you marketing communications
We process your personal data for our marketing campaigns. We may add your email address to our marketing list, provided we receive consent or otherwise establish legal basis for sending you marketing communications. As a result, you will receive information about our products, such as for example, special offers. If you do not want to receive marketing emails from us, you can unsubscribe following instructions in the footer of the marketing emails. We do not use health, motion, and fitness information gained through Apple Health Kit or Google Fit for marketing campaigns.
We may also show you advertisements in our App, and send you push notifications for marketing purposes. To opt out of receiving push notifications, you need to change the settings on your device.
7. To personalize our ads
We and our partners, use your personal data to tailor ads and possibly even show them to you at the relevant time. For example, if you have installed our App, you might see ads of our products, for example, in your Facebook’s feed. We do not use health, motion, and fitness information gained through Apple Health Kit or Google Fit to personalize our ads.
How to opt out or influence personalized advertising
iOS: On your iPhone or iPad, go to “Settings,” then “Privacy” and tap “Advertising” to select “Limit Ad Track”. In addition, you can reset your advertising identifier (this also may help you to see less of personalized ads) in the same section.
Android: To opt-out of ads on an Android device, simply open the Google Settings app on your mobile phone, tap “Ads” and enable “Opt out of interest-based ads”. In addition, you can reset your advertising identifier in the same section (this also may help you to see less of personalized ads).
To learn even more about how to affect advertising choices on various devices, please look at the information available here.
In addition, you may get useful information and opt out of some interest-based advertising, by visiting the following links:
• Network Advertising Initiative – http://optout.networkadvertising.org/
• Digital Advertising Alliance – http://optout.aboutads.info/
• Digital Advertising Alliance (Canada) – http://youradchoices.ca/choices
• Digital Advertising Alliance (EU) – http://www.youronlinechoices.com/
• DAA AppChoices page – http://www.aboutads.info/appchoices
We value your right to influence the ads that you see, thus we are letting you know what service providers we use for this purpose and how some of them allow you to control your ad preferences.
We use Facebook Ads Manager together with Facebook Custom Audience, which allows us to choose audiences that will see our ads on Facebook or other Facebook’s products (for example, Instagram). Through Facebook Custom Audience we may create a list of users with certain sets of data, such as an IDFA, choose users that have completed certain actions in the App (for example, installed it). As a result, we may ask Facebook to show some ads to a particular list of users. As a result, more of our ads may show up while you are using Facebook or other Facebook’s products (for example, Instagram). You may learn how to opt out of advertising provided to you through Facebook Custom Audience here.
Facebook also allows its users to influence the types of ads they see on Facebook. To find how to control the ads you see on Facebook, please go here or adjust your ads settings on Facebook.
Google Ads is an ad delivery service provided by Google that can deliver ads to users. In particular, Google allows us to tailor the ads in a way that they will appear, for example, only to users that have conducted certain actions with our App (for example, show our ads to users who have purchased a subscription). Some other examples of events that may be used for tailoring ads include, in particular, installing our App, finishing a workout program. Google allows its users to opt out of Google’s personalized ads and to prevent their data from being used by Google Analytics.
8. To process your payments
We provide paid products and/or services within the Service. For this purpose, we use third-party services for payment processing (for example, payment processors). As a result of this processing, you will be able to make a payment for our Service and we will be notified that the payment has been made and will provide you with . We will not store or collect your payment card details ourselves. This information will be provided directly to our third-party payment processors.
9. To enforce our Terms and Conditions of Use and to prevent and combat fraud
We use personal data to enforce our agreements and contractual commitments, to detect, prevent, and combat fraud. As a result of such processing, we may share your information with others, including law enforcement agencies (in particular, if a dispute arises in connection with our Terms and Conditions of Use).
10. To comply with legal obligations
We may process, use, or share your data when the law requires it, in particular, if a law enforcement agency requests your data by available legal means.
3. UNDER WHAT LEGAL BASES WE PROCESS YOUR PERSONAL DATA (Applies only to EEA-based users)
In this section, we are letting you know what legal basis we use for each particular purpose of processing. For more information on a particular purpose, please refer to Section 2. This section applies only to EEA-based users.
We process your personal data, in particular, under the following legal bases:
1. your consent;
- To send you marketing communications
2. to perform our contract with you;
Under this legal basis we:
- Provide our Service (in accordance with our Terms and Conditions of Use)
- Customize your experience
- Manage your account and provide you with customer support
- Communicate with you regarding your use of our Service
- Process your payments
3. for our (or others') legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data;
We rely on legitimate interests:
• to communicate with you regarding your use of our Service
This includes, for example, sending you push notifications reminding you to exercise at appropriate times. The legitimate interest we rely on for this purpose is our interest to encourage you to use our Service more often. We also take into account the potential benefits to you of following your training and nutrition plan, which may lead you to a better and healthier lifestyle.
• to research and analyze your use of the Service
Our legitimate interest for this purpose is our interest in improving our Service so that we understand users’ preferences and are able to provide you with a better experience (for example, to make the use of the App easier and more enjoyable, or to introduce and test new features).
• to send you marketing communications
The legitimate interest we rely on for this processing is our interest to promote our Service in a measured and appropriate way.
• to personalize our ads
The legitimate interest we rely on for this processing is our interest to promote our Service in a reasonably targeted way.
• to enforce our Terms and Conditions of Use and to prevent and combat fraud
Our legitimate interests for this purpose are enforcing our legal rights, preventing and addressing fraud and unauthorised use of the Service, non-compliance with our Terms and Conditions of Use.
4. to comply with legal obligations.
4. WITH WHOM WE SHARE YOUR PERSONAL DATA
1. Service providers
We share personal data with third parties that we hire to provide services or perform business functions on our behalf, based on our instructions. We share your personal information with the following types of service providers:
- cloud storage providers (Amazon)
- data analytics providers (Facebook, Google, Appsflyer, Firebase, Crashlytics, Amplitude, Fabric)
- measurement partners
- marketing partners (in particular, social media networks, marketing agencies, email delivery services, Facebook, Google, Snapchat)
- payment processing providers
- communication services providers (Intercom, Zendesk)
- delivery services providers
- e-commerce platforms (Shopify)
2. Apple Health Kit (and Apple Motion & Fitness API) or Google Fit (together the “Health App”)
Provided you give express permission on your device, we may receive (read) or/and write (share) data about your activity with/from Health App. In some of our Apps you may decide to allow us to read (receive) the following information from the Health App: the number of steps traveled and weight.
You can withdraw our access to read/write data from Health App at any time directly in the Health App. We do not use the information gained through the Health App for advertising or similar services. Please find below more detailed information on how we process the information obtained from Health App and what happens when you decided to share your data with Health App.
What information we may read (receive) from the Health App?
How do we use the information obtained from the Health App?
Number of steps
In the App, you are able to set (and sometimes we suggest a certain) goal for daily steps. To track your step goal progress, we input the number of steps in the App. As a result, we provide you with a convenient way to access this information via App charts and access to aggregated information (for example, to track your weekly average steps). To encourage you, we may also send you motivational messages reminding you that a certain amount of steps are left to meet your daily goal (we may even award you a badge in the App for fulfilling your step goal week in a row).
We use this information to help you track your weight loss journey and customize your App experience. You may also input this information manually in the App, but if you use, for example, smart weights and allow us to read your weight information from Health App, weight information in the App will automatically update each time you use your smart weights (provided you share this information to Health App). We may also use this information to adjust our weight loss suggestions (for example, daily number of steps, water intake goal).
What information we may write (transfer) to Health App?
What happens when you decide to share your data from the App with Health App?
If you manually input your current weight into the App, Health App will receive this information and update your measures in the Health App.
Dietary energy (how much calories you consume according to the meal information provided in the App)
If you track your meal plans in the App (by entering the meals you take), this information will be shared with the Health App to update your stats in the Health App.
Workouts (the time of the workouts you do using the App)
You may choose to share with Health App workouts information. As a result, when you finish a certain workout, Health App will know the duration of the workout you performed in the App.
3. Law enforcement agencies and other public authorities
We may use and disclose personal data to enforce our Terms and Conditions of Use, to protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others, and to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, or in other cases provided for by law.
4. Third parties as part of a merger or acquisition
As we develop our business, we may buy or sell assets or business offerings. Customers’ information is generally one of the transferred business assets in these types of transactions. We may also share such information with any affiliated entity (e.g. parent company or subsidiary) and may transfer such information in the course of a corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
5. Affiliates within the BetterMe corporate group
Irrespective of the terms of any our internal arrangements, you may exercise your data subject’s rights simply by contacting us at email@example.com.
6. HOW YOU CAN EXERCISE YOUR PRIVACY RIGHTS
To be in control of your personal data, you have the following rights:
Accessing / reviewing / updating / correcting your personal data. You have the right to review, edit, or change the personal data that you had previously provided to us in the profile section of the App. If you would like to receive a copy of data we process, please send us a data access request.
Deleting your personal data. You can request erasure of your personal data, as permitted by law..When you request deletion of your personal data, we will use reasonable efforts to honor your request. In some cases we may be legally required to keep some of the data for a certain time; in such event, we will fulfill your request after we have complied with our obligations.
Objecting to or restricting the use of your personal data. You can ask us to stop using all or some of your personal data or limit our use thereof
The right to lodge a complaint with supervisory authority. We would love you to contact us directly, so we could address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or where the alleged infringement has taken place.
The right to data portability. If you wish to receive your personal data in a machine-readable format, you can do so by requesting a copy of your personal data as described above. The data will be made available to you in the .json file or other file format.
To exercise any of the available to you privacy rights, please send a request to firstname.lastname@example.org.
7. AGE LIMITATION
We do not knowingly process personal data from persons under 16 years of age. If you learn that anyone younger than 16 has provided us with personal data, please contact us at email@example.com.
8. INTERNATIONAL DATA TRANSFERS
In particular, if we transfer personal data originating from the EEA to countries with not adequate level of data protection, we use one of the following legal bases: (i) Standard Contractual Clauses approved by the European Commission (details available here), or (ii) the European Commission adequacy decisions about certain countries (details available here).
10. CALIFORNIA PRIVACY RIGHTS
This section provides additional details about how we process personal data of California consumers and the rights available to them under the California Consumer Privacy Act (“CCPA”) and California’s Shine the Light law. Therefore, this section applies only to residents of California, United States.
Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt-out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.
California consumers may make a request pursuant to their rights under the CCPA by contacting us at firstname.lastname@example.org. We will verify your request and inform you accordingly. You may also designate an authorized agent to exercise these rights on your behalf.
Access rights under California’s Shine the Light
California also provides its residents with additional access rights. Under Shine the Light law, the residents may ask companies once a year what personal information they share with third parties for those third parties' direct marketing purposes. Learn more about what is considered to be personal information under the statute.
To obtain this information from us, please send an email message to email@example.com, which includes “Request for California Shine the Light Privacy Information” on the subject line and your state of residence and email address in the body of your message. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
11. DATA RETENTION
12. HOW “DO NOT TRACK” REQUESTS ARE HANDLED
13. PERSONAL DATA CONTROLLER
BetterMe corporate group will be the controller of your personal data.
14. CONTACT US
Effective as of: 26 November 2021