- Scope of this Privacy Statement
- Collection of Personal Information
- Use of Personal Information
- Sharing Information with Friends and in User Forums
- Control of Personal Information and Opt-Out Options
- Security of Information We Collect
- Protection of Children’s Privacy
- Enforcement of This Statement
- Links to Other Websites
- Users from Outside the United States
- DO NOT TRACK DISCLOSURE
Collection of Personal Information
We may also use and allow third parties to track your browsing history profile. Such tracking will allow Foodiet to offer you specifically tailored services and products with appropriate user consent, where necessary (both of Foodiet and its third party partners). No personally identifiable information will be shared with any third party without your consent.
Types of Information Collected
User Information. In addition to the above personal information, we collect standard information about Foodiet users such as:
- Personal Diet Data”, including, birth date, height and weight, sex, and specific details of the foods and drinks that you consume and your exercise.
- Email address and Foodiet Password.
- IP addresses, browser type and your operating system.
- Pages visited on the Websites referring and exit pages, and the dates and times of the visits.
- Any additional information relating to you and your use of the Websites, Apps or Foodiet Services that you provide to use directly through the Websites, Apps or Foodiet Services.
- Location data and other information about devices used to access and interact with the Websites or App.
- Information that you make publicly available or publicly post using tools made available on the Websites or via the App.
- Information you may provide in user-to-user messages.
- Information collected from promotions with third party companies.
Your information may also be supplemented with additional information from other sources, including publicly available sources.
Use of Personal Information
We will treat the information we collect as confidential. We will not share Personally Identifiable Information about you without your consent. We may share information collected from you that does not identify you or an individual with third parties, including advertisers and potential business partners. For example, we may disclose the total number of pounds lost by all Foodiet users, the average weight loss of Foodiet users, or generalized information about diet and exercise habits based on aggregated statistics developed from collected data.
We may also share data that does not identify an individual user:
- To fulfill the services and products you request from us.
- To operate and improve the Websites, App and Foodiet Services available to you through Foodiet, including developing new features and products.
- To communicate with you, respond to your requests and manage our relationship.
- To personalize the products and services provided to you.
- Measure performance of the products and Foodiet Services.
- To allow you to participate in Challenges, contests and surveys. Foodiet may co-sponsor promotions with other companies, in which case any information collected is likely to be shared with other participating sponsors.
- To send you marketing notices including promotions of our products and services. You can opt-out of communications from Foodiet at any time (see control of personal information below).
- For internal purposes, which may require the transfer of such information to other Foodiet affiliates for administrative purposes, for technical maintenance purposes, the marketing and promotion of products and services that might be of interest to you.
We may disclose your personal information when we reasonably believe that it is required by law, a duly authorized court order, or legal process and to protect and defend the rights and interests of Foodiet, its affiliates, suppliers, or users. If we are required to disclose your information, we will attempt to provide you with advance notice, unless we are prohibited from doing so by law.
In some circumstances we may use third party contractors to perform these services on our behalf. In such circumstances, we will only provide the contractor with the information needed to perform the services, and all contractors will be required to agree to confidentiality obligations with respect to your personal information.
Notwithstanding the foregoing, Foodiet will not use or disclose to third parties user data gathered from the Apple, Inc. HealthKit framework or HealthKit API for advertising or other use-based data mining purposes other than improving health, or for the purpose of health research. In no event will any information be collected from HealthKit users for use by third parties in compliance with this section without obtaining user consent.
Sharing Information with Friends and in User Forums
The Foodiet Services allow you to share your diet and exercise goals and information with friends that you select.
Please bear in mind that Foodiet cannot control what your friends do with the information you share with them, so you should only share with friends you trust.
Control of Personal information and Opt-Out Options
Foodiet values the accuracy of the information you provide. All users can confirm, change, or update personal information you have provided to us. If you want to opt-out of communications from Foodiet, you can do so. If you change your mind, you can opt-in again. When you opt-out of promotional communications from us, you may still receive service messages (such as an order confirmation) and legally mandated notices. Users that are residents of the European Union have additional rights with respect to personal information, as explained below.
Security of the Information We Collect
We take commercially reasonable precautions in an effort to protect your information against security breaches. For example, we store personal information and Personal Diet Information in a secure, limited access facility, and we use industry-standard firewalls and security software designed to protect the security and integrity of your Personal Diet Information. However, this is not a guarantee that your information may not be accessed, disclosed, altered, or destroyed. By using the Websites, Apps and Foodiet Services, you acknowledge that you understand and agree to assume these risks.
Protection of Children’s Privacy
myfoodiet.com is a general interest website, and we do not knowingly collect any personal information from children. If you are under 18, you are not permitted to use the Websites or App. Consistent with the Children’s Online Privacy Protection Act (“COPPA”) and the General Data Protection Regulation, the Websites and App are not intended for use by anyone under the age of 18 (COPPA’s minimum protections are for minors 13 years of age or under). Foodiet does not knowingly collect personal information from children through this Web Site.
Cookies. When you visit the Websites, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the Websites the cookie may be read. A “cookie,” is a small text file placed on the user’s hard drive to track usage of the Websites and collect basic information, which may include certain of your preferences.
If you would like to avoid cookies, your web browser may have an option that enables you to disable or not accept cookies. It should be noted, however, that should you disable or not accept cookies, portions of the Web Site may not properly function.
Web Beacons. We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate site visitation data by tracking how users navigate to and through our Websites. We may also use this technology to track the delivery of HTML email messages. Data collected through this mechanism is not linked to personal information. A web beacon is an electronic image and string of code that is embedded in a web page or email which allows us to track web page views/hits or the opening of an email containing a beacon. We may use web beacon in conjunction with cookies to track web site activity on www.myfoodiet.com. Web beacon tracking by Foodiet does not identify the name or email address of the web user or mail recipient.
Your Rights Regarding Your Personal Data
If you are a resident of the European Union or the State of California, you have the following rights:
• You have the right to request an accounting of all Personal Information that we have that pertains to you, and to be delivered copies of such information in electronic format (e.g., electronic copies of information attached to an email). We reserve the right to transmit information to you in a manner that complies with all applicable laws.
- You have the right to request that we change any Personal Information that pertains to you that is inaccurate.
- You have the right to request that we delete some or all Personal Information that pertains to you. We reserve the right to carry out such a request in a manner that complies with all applicable laws, such as laws concerning record retention. Note that fulfilling this request requires us to delete Personal Information in our possession, but that this right does not extend to Personal Information that has already been lawfully shared in accordance with this Policy.
- You have the right to request that we cease processing any Personal Information that pertains to you. Note that fulfilling this request requires us to cease processing Personal Information that pertains to you in the future, but does not apply to lawful processing that has already occurred in accordance with this Policy.
- You have the right to exercise all the rights afforded by this Policy without fear of retaliation or discrimination. This means that we treat Users who exercise any of the rights under this Policy the same as Users who do not.
To exercise any of the rights explained above, please email us. Once we have received notification that you withdraw your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights, and freedoms or for the establishment, exercise or defense of legal claims.
If you believe that we have misused your personal data, you also have a right to lodge a complaint with a national Data Protection Authority. Each European Union member nation has established its own Data Protection Authority; you can find out about the Data Protection Authority in your country here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
When you use our apps, third parties may collect data about your mobile device in order to serve ads on other apps or websites that are tailored to your interest. This practice is known as ‘interest-based advertising.’ Examples of data that may be collected includes: IP addresses, identifiers associated with your mobile device (also called ‘Advertising Identifiers’), or any ads that you click while using our app.
Links to Other Websites
Our Websites may contain links to other websites. Please be aware that we are not responsible for the privacy practices of these other sites, and we encourage you to review the policies of each site you use. We cannot control the actions of such third parties or be held responsible for their use of any information that you provide directly to them.
Legal Bases for Processing Your Information
We rely on the following legal grounds to process your personal information:
- Performance of a contract – If you choose to make a purchase through the Websites or Apps, we need to collect and use your personal information to perform our agreement with you.
Transfer and Processing of Data
For users within the United States, we process data in data centers located in the United States. We have adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of user data in our possession. We comply with state and federal laws governing the protection of personal information.
For users within the European Union, we transfer data from the European Union to data centers located in the United States for processing. The European Commission has determined that the law of the United States does not provide a level of protection adequate to satisfy the requirements of Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and free movement of such data, known as the General Data Protection Regulation (“GDPR”). As to users residing in the EU, however, we extend the rights provided for by the GDPR – as detailed below – including the imposition of required safeguards with respect to accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of data. Transfers of EU resident data from the EU to the United States from third parties (such as third party payment processors) are conducted in accordance with appropriate transfer mechanisms under the GDPR, principally contractual clauses approved by the European Commission.
Data Retention and Deletion
We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. In some circumstances, we may anonymize your personal information so that it can no longer be associated with you, in which case it is no longer personal information.
It is our policy to retain personal information for 6 months once such personal information is no longer necessary to deliver the Website and Apps and to delete such personal information thereafter. This means that, if you close your account with us, we will delete personal information associated with your account after 6 months. Regarding other types of information we collect as described in this policy, it is our policy to retain such personal information for 6 months and to delete such personal information thereafter.
DO NOT TRACK DISCLOSURE
Foodiet does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may be able to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.
Third parties that have content embedded on the Websites or App such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited the Websites from a certain IP address. Third parties cannot collect any other personally identifiable information from the Websites unless you provide it to them directly.
We welcome your input on our privacy statement. If you have any questions or suggestions regarding our privacy statement, please contact Foodiet Customer Care at firstname.lastname@example.org.
Last Updated: 3/30/2021