Last updated: August 10, 2020
Your use of the App may cause certain information, including information you may consider personal to you (“Personal Information“), to be stored locally on your device (“Device“) and(or) on our servers (“Server“). This data may include e-mail address, gender, age, sleep hour, amount of steps passed, heart rate, calories burned and workouts, in any case, only those data the Client gives permission for during the App account registration through connection by using the Client’s credentials whether from HealthKit or FitBit account, also mobile identifier (“Mobile ID“) and the Device location.
By default, Personal Information is stored locally on your Device and(or) on our Server(s).
Personal Information provided by you: The Application offered to you requires you to register for a personal Account. When you registering your Account you’re required to connect by using your credentials from whether HealthKit or FitBit account. And such data as: gender, age, sleep hour, amount of steps passed, heart rate, calories burned and workouts will be collected through the mentioned above connection to HealthKit or FitBit accounts, the Application might request to provide such information as gender, age, and your email additionally, and in any case the Company will collect only those data from the mentioned accounts which you provide us with your permissions for.
The Application is in no way responsible for the protection of the data and(or) other information stored within HealthKit’s or FitBit’s Database. You and Apple or FitBit are solely responsible for the protection of such information in the HealthKit’s or FitBit’s Database.
Information that we obtain or collect automatically from your use of the Application: We may automatically collect certain information from your use of the Application, such as usage data, mobile identifier (ID) to understand the owner of the data and device location to perform the Service.
In particular, our server(s) automatically record the following types of information:
- Your device screen resolution;
- Mobile identification number(s), that may help to detect the physical location of such device;
- Data related to your interactions with content on the Application, such as use patterns and the type of content viewed or favorited in the Application.
In addition, by using our Application, network information such as Product usage information may be transmitted back to us. It helps us to determine how users are interacting with our Product, improve our Product, and correct any problems that may occur.
We collect your device location based information such as country, region, city for the purpose of suggesting the Client with the nearest supermarket after the workout within the scope of the Service.
If you restrict sharing your information, the Service may not be performed in the way you expect it to be performed.
As described above, we will ask you to register your personal Account to enable you to use the Product. Once the personal account is registered, you will be able to access, review and update your personal Account information online via the Application.
USE OF PERSONAL INFORMATION
HealthyPick uses your Personal Information to:
- to generate a personal healthy recommended list of product categories for you based on your physical parameters;
- operate and improve the Application;
- customize your experience on the Application, and Product;
- deliver communications that may be of interest to you, either electronically or otherwise;
- enforce terms and conditions / user’s agreement;
- conduct market analysis, traffic flow analysis and related reporting to third parties;
- provide reports based on information collected from use of our Application, and Product;
- keep you up to date on the latest Product announcements, software updates, software upgrades, system enhancements, special offers, and other information, provided that you can modify your marketing preferences
- provide support and assistance with our Application, and Product;
- verify user’s identity;
- provide information related to the use of the Application, and Product;
- understand more about you, so we can personalize newsletters according to your preferences;
- marketing purposes;
- for any other purposes disclosed to you at the time we collect your Personal Information.
PROCESSING AND SHARING YOUR PERSONAL INFORMATION
By using our Application, or otherwise providing information to us, you consent us to the processing and transfer of information in and to the U.S. and other countries and territories, which may have privacy laws different from your country of residence. Please note that some of the recipients of your Personal Information referenced above may be based in countries outside of the European Union whose laws may not provide the same level of data protection. In such cases, we will ensure that there are adequate safeguards in place to protect your Personal Information that comply with our legal obligations. If the recipient is not a member of the Company, the adequate safeguard might be provided by signing a data transfer agreement with the recipient based on standard contractual clauses approved by the European Commission for transfers of personal data to third countries.
We may also share Personal Information with third parties including as follows:
- Vendors, Consultants and Other Service Providers: We may share your Personal Information with third-party vendors, consultants and other service providers who are working on our behalf and require access to your Personal Information to carry out their work, such as to process billing, provide customer support, etc. These service providers are authorized to use your Personal Information only as necessary to provide services to the Company or Product.
In some cases, we may share your information with third-party vendors to understand which areas and features of the Product are most popular and/or to improve the overall effectiveness of Product and its features.
- Compliance with Laws: We may disclose your Personal Information to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements, policies and terms and conditions / user’s agreement, (c) to protect the security or integrity of the Product, (d) to protect the Company, our customers or the public from harm or illegal activities, (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
- Aggregated or Anonymized Data: We may also share aggregated or anonymized information with third parties that does not directly identify you.
SECURITY OF PERSONAL INFORMATION
We have implemented reasonable administrative, technical and physical security measures to protect your personal information against unauthorized access, destruction or alteration. For example:
- SSL encryption (https) everywhere where we deal with Personal Information.
- Sensitive data encryption;
- Hosting data on physically secure servers that are also protected by firewalls;
- Use of cross-platform password management tool to securely store passwords and other credentials;
- Encryption of connection between data in the database and the mobile ID (optional).
We use commercially reasonable security procedures to protect all collected Personal Information. If we learn of a security systems breach, then we will take reasonable steps to remedy the breach.
DATA SUBJECT RIGHTS
You have certain rights with respect to your Personal Information as set forth below. Please note that in some circumstances, we may not be able to fully comply with your requests. We may ask you to provide us with additional information in connection with your request. If we need to verify your identity or the nature of your request, we may ask you to provide more details regarding your Personal Information. In such situations, however, we will still respond to let you know of our decision.
- Access: You can request to receive a copy of the Personal Information we hold about you.
- Rectification: If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement it. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
- Objection: You can contact us to inform that you object to the collection or use of your Personal Information for certain purposes.
- Erasure: You can request that we erase some or all of your Personal Information from our systems.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Information.
- Portability: You have the right to ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.
- Withdrawal of Consent: If we are processing your Personal Information based on your consent (as indicated at the time of such data collection), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have then to provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize our Application.
- Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Information with the supervisory authority of your country or EU Member State.
CALIFORNIA PRIVACY RIGHTS
The California Consumer Privacy Act (“CCPA”) provides consumers with specific rights regarding their Personal Information. You have the right to request that businesses subject to the CCPA disclose certain information to you about their collection and use of your Personal Information over the past 12 months. In addition, you have the right to ask such businesses to delete Personal Information collected from you, subject to certain exceptions. If the business sells Personal Information, you have a right to opt-out of that sale. Finally, a business cannot discriminate against you for exercising a CCPA right.
When offering services to its customers, the Company acts as a “service provider” under the CCPA and our receipt and collection of any consumer Personal Information is completed in order for us to provide the Service. Please direct any requests for access or deletion of your Personal Information under the CCPA using the information set forth in the “Contact Us” section below.
Consistent with California law, if you choose to exercise your applicable CCPA rights, we won’t charge you different prices or provide you a different quality of services. If we ever offer a financial incentive or service enhancement that is contingent upon you providing your Personal Information, we will not do so unless the benefits to you are reasonably related to the value of the Personal Information that you provide to us.
ACCESS BY MINORS
RIGHT TO COMPLAIN
If you are unhappy with the way we have handled your personal data or any privacy query or request that you have raised with us, you have a right to complain to the EU Data Protection Authority (“DPA”) in your jurisdiction. If you would like to be directed to the appropriate DPA, please contact us using the information set forth in the “Contact Us” section below.
If you have any inquiries or complaints, you may contact us:
By email: firstname.lastname@example.org, or
In writing: Vishnuplantsoen 9, 1363XD, Almere, The Netherlands