Effective as of October 15, 2021
- COLLECTING AND USING INFORMATION
- IN-APP TRACKING TECHNOLOGIES
- THIRD PARTY PROCESSORS
- CHOICES ABOUT YOUR PERSONALLY IDENTIFIABLE INFORMATION
- THIRD PARTY LINKS
- CHILDREN’S PRIVACY
- NOTICE TO NEVADA RESIDENTS
- NOTICE TO CALIFORNIA RESIDENTS
- HOW TO CONTACT US
1 – Collecting and Using Information
Personally Identifiable Information We Collect Online
We collect Personally Identifiable Information from you through your use of the App and Services. “Personally Identifiable Information” is individually identifiable information about an individual consumer that we collect online and that we maintain in an accessible form. We collect the following types of Personally Identifiable Information:
Information You Provide
We may collect the following Personally Identifiable Information that you voluntarily provide to us by either manually entering the data into the App or connecting your wearable device:
- Member Registration. When you register on the App, we will collect your first and last name, cell phone number, email address, DOT information, professional role or title, date of birth, gender, weight, height, and a password. You will provide your email address or employee ID and password to login.
- Biometric Health Assessment (Entered Health Check). To complete a health check in the App, we will collect your username and certain health information, including, for example, height, weight, blood pressure, glucose, activity level, and diet plan. This information is then used to calculate your BMI, BMR, and a dietary plan based on daily caloric intake.
- Fitness, Nutrition, Hydration, Sleep, and Other Health Metrics. We collect through your synced wearable device or through your manual entry in the App, your step count, sleep, food, water intake, exercise, resting heart rate, and similar metrics.
- Precise Geolocation. You may choose to use the GPS coordinates of your device, and we will collect that data, to find a nearby meal based on your diet plan.
- Compete with Other Members. If you decide to compete with other members, we will collect your information and the information of your opponent.
- Member Messaging. If you choose to connect with and send messages to other members through the App, we will collect your and the recipient member’s name, a timestamp of the message, and the content (including photos and videos) of the message.
- App Purchases and Member Payments. We use Google Pay and Apple Pay to complete purchases and individual member payments through the App.
Information as You Navigate Our App
We automatically collect certain Personally Identifiable Information through your use of the App and Services, such as the following:
- Usage Information. For example, features on the App you access, the frequency of access, and what links you click on while on the App.
- Device Information. For example, unique device identifier, hardware model, operating system, and application version number.
- Mobile Device Information. Aggregated information about whether the App is accessed via a mobile device or tablet, the device type, and the carrier.
- Location Information. Precise location information.
Third Party Information
How We Use Your Personally Identifiable Information
We use the Personally Identifiable Information we collect to provide the Services to you, to improve our Services and App, and to protect our legal rights. In addition, we may use the Personally Identifiable Information we collect to:
- Process your account registration and manage your account;
- Process and fulfill your order;
- Process your member dues;
- Assess your health, including calculating your BMI and BMR, and develop a dietary plan;
- Identify nearby partners on your route, including restaurants, health clinics, fitness centers, truck stops and more;
- Calculate and award you points for activities and areas of improvement;
- Connect you with experienced certified coaches;
- Contact you regarding our products and services that we feel may be of interest to you;
- Communicate with you about our App or Services or to inform you of any changes to our App or Services, including through push notifications and email communications;
- Provide support;
- Prevent fraudulent transactions and monitor against threats;
- Maintain and improve our App and Services;
- Defend our legal rights and the rights of others;
- Efficiently maintain our business; and
- Comply with applicable law.
How We Share Your Personally Identifiable Information
We may share the information that we collect about you in the following ways:
- With service providers who perform data or App-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
- With one of our certified coaches, if you so choose;
- To service providers to prepare, deploy and analyze surveys and/or advertising content;
- With joint venture partners and affiliates for product design or solicitation purposes;
- To the extent that we are required to do so by law;
- In connection with any legal proceedings or prospective legal proceedings;
- To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
- To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personally Identifiable Information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personally Identifiable Information;
- To any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition or in preparation for any of these events; and
- To any other person or entity where you consent to the disclosure.
2 – In-App Tracking Technologies
Like many other companies, we use a variety of tracking technologies that may include device identifiers, or other identifiers such as “Ad IDs”. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.
3 – Third Party Processors
To ensure that your Personally Identifiable Information receives an adequate level of protection, we have put in place appropriate procedures with the service providers we share it with to ensure that it is treated consistent with applicable data security and privacy laws. For example, we use Google Pay and Apple Pay to process purchases made through the App. We also use third-party processors for cloud data storage, marketing service providers, and to perform healthcare assessments (e.g., retail pharmacies).
4 – Choices About Your Personally Identifiable Information
Review and Request Changes to Your Personally Identifiable Information
You may use your account to access, correct, or view certain Personally Identifiable Information we have collected and which is associated with your account. To review or request changes to any of your Personally Identifiable Information, please contact us at firstname.lastname@example.org.
To unsubscribe from our marketing emails, please click the unsubscribe link included in the footer of our emails. You also may submit a request to us at email@example.com.
The App may send you notifications that may include alerts, sounds, and icon badges. These push notifications or in-app messages may include both operational messages and promotional messages regarding products, services and offers that may be of interest to you. Push notifications can be configured in settings on your mobile device.
Upon download of this App, you were provided the option to opt-in to permitting use of your device camera to take pictures and record video, access the device’s location, and to access photos, media, and files on the device. Go to the App settings to change a permission setting.
5 – Security
We maintain commercially reasonable security measures to protect the Personally Identifiable Information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee absolute security.
6 – Third Party Links
7 – Children’s Privacy
The App is not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13.
8 – Notice to Nevada Residents
Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to firstname.lastname@example.org.
9 – Notice to California Residents
We do not disclose personal information obtained through our App to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil
Code § 1798.83.
10 – How to Contact Us
To contact us for questions or concerns about our privacy policies or practices please email email@example.com or call 913.551.0106.