Effective: July 15, 2024
IMPORTANT NOTICE
At MyCalorieCheck, Inc. (“MyCalorieCheck”), our mission is to help you along your fitness and wellness journey and we want you to know how we collect and use the data that you provide to us over the course of that journey. MyCalorieCheck is the MyCalorieCheck website (“Website”) and MyCalorieCheck mobile applications (“Mobile App”) (which we collectively refer to in this Privacy Policy as the “Services”). We encourage you to read this Privacy Policy as well as our terms and conditions of use (referred to throughout as our “Terms”).
BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES AS DESCRIBED IN THIS PRIVACY POLICY.
MyCalorieCheck and all associated Services and systems, including registration, is housed on servers in the United States. If you are located outside of the United States, please be aware that information we collect (including cookies and device data) will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws and principles, including your data subject rights, may not offer the same level of protection as those in the country/region where you reside or are a citizen. By using our Services and providing information to us, you consent to the transfer to and processing of the information in the United States and, unless otherwise stated in this Privacy Policy, we use this consent as the legal ground for that data transfer. You may be asked for your explicit consent to this data transfer as part of account creation.
Please read this Privacy Policy carefully, as your access to and use of the Services signifies that you have read, understand and agree to all terms within this Privacy Policy. If you do not agree with any part of this Privacy Policy or our Terms, please do not access or continue to use any of the Services or otherwise submit your Personal Data (defined below) to us.
Information About Your Personal Data
This Privacy Policy relates to data about you, your devices, and your interaction with our Services.
“Personal Data” is information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, email address, phone number, device IDs, certain cookie and network identifiers, and “Fitness and Wellness Data.”
MyCalorieCheck collects, uses, discloses and processes Personal Data as outlined in this Privacy Policy, including to operate and improve the Services and our business; for advertising and marketing; and to provide you with innovative fitness and wellness services, as further described in this Privacy Policy.
We may create de-identified or anonymous data from Personal Data by excluding data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you, through obfuscation, or through other means. Our use of anonymized and de-identified data is not subject to this Privacy Policy.
How We Collect and Use Personal Data
We collect your Personal Data in a number of ways and for various purposes, including:
1. When you register for an account or interact with our Services
We collect Personal Data when you use or interact with our Services, including when you register for a MyCalorieCheck account, This Personal Data may include name, photo, username and password, email address, date of birth, and gender.
2. When you input Fitness and Wellness Data within our Services or use our Services that collect or ingest data from mobile device sensors
“Fitness and Wellness Data” includes data you provide related to your dietary habits, dietary restrictions, fitness activity, fitness goals, lifestyle (e.g., sleeping habits), life events, fitness goals, height, weight, measurements, fitness level, heart rate, sleep data, BMI, biometric data, and similar types of data relating to physiological condition, and activity. We collect this data in order to provide the Services and to tailor features, advertising, and services to your interests and goals, including providing meal suggestions, reporting and analytics, workout plans, and meal planning related services, and product recommendations.
3. When you communicate with us or sign up for promotional materials
We collect Personal Data when you communicate with us or sign up to receive promotional materials or information (“Messages”) via email and push notifications.
If you consent to receive Messages, we may use your Personal Data and other information to communicate with you about the MyCalorieCheck Services you have purchased or used; provide you with promotional messages and personalized advertising; to notify you of other features; to notify you of contests, challenges, sweepstakes, and other promotions (“Promotions”); to notify you of Services we think may be of interest to you; and, for other marketing purposes. You can manage your communication preferences in your account settings.
Please note that regardless of your email settings, we may send you Messages pertaining to the performance of our Services, such as revision of our Terms or this Privacy Policy or other formal communications relating to Services you have purchased or use.
We may use your Personal Data to respond to and address your requests for technical support, questions or complaints about the Services, or any other communication you initiate. This includes accessing your account to address technical support requests.
4. When you participate in special activities, offers, or programs
We may request or otherwise collect Personal Data, including Fitness and Wellness Data when you participate in Promotions, when you participate in surveys, or when you participate in research activities or initiatives (“Research”). This includes Personal Data, such as name, address, email address, telephone number and age and other information that may be appropriate in order to participate in the Research. If you win a Promotion, we also may need to collect certain tax information, waivers and releases, depending on the prize.
We may also launch surveys that ask you to answer questions about a range of topics from Personal Data to brand and product preferences. Promotions or surveys may be run by a MyCalorieCheck service provider or co-branded with one of our business partners. In such instances, Personal Data may be collected directly by and/or shared with MyCalorieCheck, the service provider, and/or business partner, including for marketing purposes. Each Promotion or survey that treats your Personal Data in a way that differs from this Privacy Policy will identify the privacy policy governing that collection of information in connection with that Promotion or survey.
5. When you engage with our online communities or advertising
We may collect your Personal Data when you engage with our online communities. This includes when you click on advertisements, interact with our social media pages, submit content, or otherwise enter information into comment fields, blogs, or community forums sponsored by or affiliated with MyCalorieCheck. Please note that our community forums are public, so we recommend that you exercise care in deciding what information and content you wish to disclose.
6. When you access third party products and services
We may allow you to register and pay for third-party products and services or otherwise interact with another website, mobile application, or Internet location (collectively “Third Party Sites”) through our Services, and we may collect Personal Data that you share with Third Party Sites through our Services. When we do so, we will inform you of the further details of how we use your Personal Data.
7. When you connect with us through social media
You may choose to enable, log into, or sign on to the Services through various social media or social networking services, such as Facebook (“Social Networking Service” or “SNS”). When you connect using your SNS accounts, we may collect Personal Data that you have provided to that SNS. For example, when you log in with your Facebook credentials, with your consent, we may collect Personal Data from your Facebook profile that is permitted under Facebook’s Terms of Service - such as your email address, profile picture, and friend list. We use this data to provide, enhance, and personalize the Services (e.g., to help connect you with or suggest friends within our Services). If you do not want to provide us with this data, you need to adjust the privacy settings on your SNS account.
8. When we collect data from third parties or publicly-available sources
We may obtain certain data about you from third party sources to help us provide and improve the Services and for marketing and advertising. We may combine your Personal Data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services.
9. When we leverage and/or collect cookies, device IDs, Location, data from the environment, and other tracking technologies
We may collect certain Personal Data using cookies and other technologies such as web beacons, device IDs, advertising IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising. Our cookie and device id use section contains more information and options to control or opt-out of certain data collection or uses.
10. When we aggregate or centralize data
We aggregate and centralize Personal Data and Fitness and Wellness Data for purposes of analytics, innovation, and to provide enhanced services to our customers and end-users.
11. When we provide you geographically relevant Services, offers, or advertising
We may use general location data to provide you with Services, offers or advertising that are relevant to your general location.
12. When you ask us to customize our Services
We use photos, videos, or other data you provide to us to customize our Services.
13. When we comply with Legal Requirements or Obligations, Law Enforcement, and for Public Safety Purposes (location-specific disclosures may apply)
We may use Personal Data in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.
How We Disclose Personal Data
We may disclose your Personal Data for the purposes as described in the prior section of this Privacy Policy, in the Location-Specific Disclosures section, and in the following ways:
1. Operation and Improvement of Services and User Experience
Internally to relevant departments within MyCalorieCheck, in order to provide and improve Services, for marketing purposes, and for advertising.
2. To Service Providers and Vendors
With business partners, marketing partners, and vendors to provide, improve, and personalize the Services.
Notice for Apple Users
For Apple users, our iOS mobile apps share personal data with third parties as described in this Privacy Policy. We take measures to ensure such third parties provide privacy protections identical to or equal to those required under this Privacy Policy and apple’s developer guidelines.
3. To Social Network Providers
With social network providers when we use social network widgets, buttons, or plug-ins in our Services.
4. To other MyCalorieCheck Registered Users
With other users of the Services in the context of specific features that are social in nature. Additionally, any information you post or disclose in our community forums (e.g., Facebook, sponsored pages on the MyCalorieCheck Blog) is public.
5. For Advertising and Marketing
With advertising and marketing partners for advertising and marketing purposes on MyCalorieCheck’s behalf and on behalf of third parties, including but not limited to Facebook.
6. For Certain Analytics and Improvement
With certain companies for purposes of analytics and improvement of the Services.
7. For Interest-Based Advertising
With companies involved in interest-based advertising, including web, mobile app and other advertising. This advertising consists of MyCalorieCheck and third party ads that are personalized and displayed on our sites and apps and through other channels. For more information on how data is disclosed for advertising see interest-based advertising.
8. For Legal Compliance, Law Enforcement, and Public Safety Purposes (location-specific disclosures may apply)
With law enforcement, government or regulatory bodies, lawful authorities, or other authorized third parties in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Use, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.
9. In the event of an actual or contemplated sale. (location-specific disclosures may apply)
With prospective or actual purchasers, investors, or successor entities in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction, pursuant to assurances of sufficient data handling practices and safeguards.
Legal Basis for Processing
This section addresses the legal basis for processing your data if you reside outside the United States (within the United States, you typically provide consent when you receive notice of this Privacy Policy in a website link or mobile app). Some processing is addressed in multiple sections because more than one legal basis may apply depending on the circumstances or service.
For the purposes of applicable data protection laws, MyCalorieCheck, Inc. is the controller of the Personal Data you provide to us (“Data Controller”). As a Data Controller, we process the Personal Data we maintain about you in accordance with this Privacy Policy. If you have any questions or concerns regarding the processing of your Personal Data, or if you have questions regarding this Privacy Policy, please see our location-specific disclosures for appropriate contact information.
We collect and process your Personal Data for a variety of purposes outlined in this Privacy Policy. In certain cases, separate consent is not required, including:
1. For the Performance of a Contract
To perform our contractual obligations to you in connection with the Services, including but not limited to account registration, fulfilling purchases you have made via the Services (including processing of payment), contacting you in relation to any issues with the Services, when you use or interact with a wearable or other connected device and in relation to location-based Services (including to provide you geographically relevant Services), to connect you with friends across platforms, share content or achievements, or invite friends, when you ask us to customize our Services, where we need to collect Personal Data from third party sources and when you access third party products and services, where we collect data from third parties or publicly-available sources, or to aggregate and centralize data for the performance of the Services.
2. To Meet Legal Obligations
To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation.
3. For Legitimate Interests
To operate our business and provide the Services, other than in performing our contractual obligations to you for MyCalorieCheck’s “legitimate interests” for the purposes of applicable law - except where overridden by the interests or fundamental rights and freedoms that require protection of Personal Data.
For example, the following areas include processing covered by Legitimate Interests, subject to applicable law:
Consent as a Basis for Processing
In some cases, we will ask for your consent to process your Personal Data. You may indicate your consent in a number of ways, including, as permitted by law, ticking a box (or equivalent action) to indicate your consent when (i) providing us with your Personal Data through our Services or a form (including enrolling in Promotions); or (ii) registering or creating an account with us. Due to different countries’ laws governing consent for the collection and use of Personal Data, the requirements for consent will differ across regions. We may request your consent for a number of activities including:
1. MyCalorieCheck Marketing and Communication
We may ask for your consent to contact you by email or push notifications about other offers, products, Promotions, or services that we think may be of interest to you and for other marketing purposes.
2. Sharing with Third Party Services
We may also ask for your consent to share your Personal Data with certain Third Party business partners in order to offer certain goods, services, or programs. To withdraw consent, please go to the preferences of the specific third party service or app.
3. Third Party Marketing
We may ask for your consent to provide Personal Data to allow third parties to contact you regarding their products, services, Promotions, or offers. Typically this is in conjunction with a sweepstakes or challenge (your consent for third party marketing is generally not a pre-requisite to participation. To withdraw consent, please go to the preferences of the specific third party.
4. Collecting Mobile Device IDs, Advertising IDs, and Data from Sensors
When you use our Mobile Apps we may ask for your consent to collect these (this consent may be captured at the operating system level). To change your consent status for this data, please go to the preferences of the Mobile App. If you choose not to provide this information, certain Services features may be unavailable or not function properly.
5. Processing Sensitive Personal Data
We may request your consent to process sensitive Personal Data. The Website or Mobile App may require this data to provide the Services, including when you use or interact with a wearable or other connected device that integrates with the Services. If you choose not to provide sensitive Personal Data (for example, specific kinds of Fitness and Wellness Data), certain features or Services may be unavailable or not function properly.
6. Research
We may request your consent to use your Personal Data for Research purposes. We may also request your consent to contact you to determine your interest to participate in certain Research initiatives and to share identifying results. For market research, we may ask questions on behalf of business partners and share your response with business partners.
7. Advertising
We use cookies, pixels (including email pixels), mobile device and advertising IDs, general location data, Fitness and Wellness Data, app or service usage data and data from third-party wearables, connected devices or sensors that integrate with our Services for purposes of interest-based and cross-app, cross-device advertising. The consent for which may be managed at the operating system level.
8. Transfer of Data
We transfer data to the United States and to other countries/regions for processing. We may request your consent for this transfer or the transfer, in other cases, may be justified by a legal basis other than consent.
9. Automated Processing
We may use some automated processing to provide our Services and to make recommendations in the context of specific services. This processing is strictly necessary for providing certain Services (and, in some cases, is the service itself) and is not covered by consent. Other automated processing is not significant either due to the nature of the data or the decisions being made or recommended, and so consent is not required. However, for automated processing that is significant and related to sensitive Personal Data, prior to sharing or using such data, we will first seek your consent. For the subset of automated processing included in ad profiling for ad targeting, you can change your consent status (for website services) by turning advertising cookies off as outlined in in our cookie and device id use section. For mobile apps, you can change your consent status by activating your Limit Ad Tracking or equivalent setting as described in our cookie and device id use section.
10. To Enable Social Sharing and Connect with Us on Social Media
Our Services consist of social sharing and communication with others. If you sign up for these Services, we may ask for your consent to use your information to enable sharing as described in the Service. We may also ask for your consent when you connect with us through Social Media.
11. Promotions
We may ask you for permission to use your Personal Data and Fitness and Wellness Data for special offers, events, sweepstakes, and other Promotions. We may use the Personal Data we collect during Promotions, to administer the Promotion, verify identity and age, and to communicate with you about the Promotion.
Interest-Based Advertising
Interest-based advertising is advertising that is targeted to you based on your web browsing and app usage over time and across websites or apps. Our advertising practices also include the creation and use of “audience segments.” You have the option to restrict the use of information for interest-based advertising and to opt-out of receiving interest-based ads. Depending on where you access our website from, you may also be asked to consent to our use of cookies, including advertising cookies. Additional information on Audience Segments and our choices for interest- based advertising is found below.
United States Note: The audience segments are made available for interest-based advertising for third party advertising on the MyCalorieCheck Services.
Our cookie and device id use section provides additional options for controlling the use of particular kinds of cookies, including advertising cookies. You may use our “advertising cookies” toggle in these settings to prohibit the collection and use of Personal Data in cookies for interest-based advertising.
Managing Preferences and Withdrawing Consent
You may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your Personal Data based on the consent you provided before you withdrew it, and exercise other controls regarding website and online data collection, interest-based advertising, your communication settings, and app preferences. Collection and use of Personal Data may be required for the Services to work.
We provide you several ways to manage your preferences:
Cookie Use and Controls
Cookies serve a wide variety of purposes. Cookies are pieces of data stored in your web browser that are transmitted to websites to remember your browser over time and distinguish it from other users. Cookies are used to personalize your web experience and for security, analytics, marketing, and interest-based advertising. Our cookies are placed and read by our web servers, while other cookies are placed and read by other companies’ web servers. Information on specific cookies is found on our website via the ad choices link. You can block and control cookies using the information noted in this section. If you block all cookies, certain functionality on our Website will not work.
One way to think about cookies is based on their function. The following settings will control our use of browser cookies, the use of IP address for tracking, and the collection and use of data for cookie-based, interest-based advertising.
[ IN ] Required Cookies. These strictly necessary cookies are used for core functionality, and recognize when you are signed in, are necessary for security, and enforce your privacy preferences. Without these cookies, some functionality on our Website may fail. You can block these cookies in your browser preferences.
[ IN / OUT ] Functional Cookies. These cookies help to improve the Website by allowing us to understand how the Website is used and how the Website performs. These cookies include analytics and measurement.
[ IN / OUT ] Advertising Cookies. These cookies help us and other parties personalize ads that are shown to you on the Services, as well as on other websites. If enabled, these cookies will allow third parties engaged in interest-based advertising on our Website to recognize your browser software on other websites too.
IP Address Use
An IP address refers to an identifier assigned by a network to a computer, mobile device, Internet of Things (IoT) device, or routing device. IP addresses, for purposes of this Privacy Policy, include “public” IP addresses, such as the IP address for a home router that is visible to the Internet, as well as “local” IP addresses, which are IP addresses assigned to computers and mobile devices “behind” a router (such as a home router). Our advertising and analytics partners may use IP addresses to group or correlate devices for purposes of analytics, security and anti-fraud purposes, interest-based advertising, ad targeting, ad attribution, and limiting ad frequency.
Mobile Device Advertising IDs, Location, Sensor Data, and In-Range Device Data Use
Our Services may transmit Device IDs, general location data, and data from sensors to us and our partners, including our advertising partners.
Change Consent Settings for Communication Preferences
Consent for Email Communication: After signing up for email communications, you can choose to unsubscribe using the unsubscribe link in any commercial email we send. Please note that if you unsubscribe from “all emails” this means “all emails other than strictly necessary emails.” You will still receive email communications from us if they are strictly necessary to provide the Services or to confirm or validate a transaction, recover accounts, etc.
Mobile Push Notifications: You can manage the type of push notifications you receive from MyCalorieCheck by modifying the settings within the App. For more information on how to update your push notification settings for our Services please visit here. You may also set your mobile device settings to not allow push notifications from us.
Data Retention
We will retain your Personal Data for as long as you maintain an account or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Where we no longer need to process your Personal Data for the purposes set out in this Privacy Policy, we will delete your Personal Data from our systems.
Where permissible, we will also delete your Personal Data upon your direction to delete your account. Information on how to make a deletion request can be found here or by contacting our support team.
If you have further questions about our data retention practices or would like to make a deletion request, please contact us through our support team.
Security
We implement technical and organizational safeguards to protect against unauthorized or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.
Links to Other Websites. Please note that this Privacy Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. Our Services may provide a link or otherwise provide access to Third Party Sites. We provide these links merely for your convenience. We have no control over, do not review, and are not responsible for Third Party Sites, their content, or any goods or services available through the Third Party Sites. Our Privacy Policy does not apply to Third Party Sites, and any data you provide to Third Party Sites, you provide at your own risk. We encourage you to review the privacy policies of any Third Party Sites with that you interact with.
Children
We do not knowingly collect Personal Data online from individuals under 18. If you become aware that a child has provided us with Personal Data without parental consent, please contact us through our support team. If we become aware that an individual under 18 has provided us with Personal Data without parental consent, we will take steps to remove the data and cancel that individual’s account.
How to Contact Us
If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us through our support team or write to us at info@mycaloriecheck.com.
Location-Specific Disclosures
Residents of the United States
We don’t sell Personal Data as defined by Nevada law.
Residents of California
If you are a resident of California, you have certain rights to the Personal Data that we have collected about you. Under California law, the exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., maintaining confidentially when legally required). We will comply with your request as soon as reasonably practicable. Requests to exercise your rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law. To prevent unauthorized access to your Personal Data, we take steps to verify an individual’s right to the data - including requiring users to reach out to us directly from a verified email address, pass a challenge response, and/or confirm information associated with the account. Following verification of your identity, we will notify you if we are unable to fulfill your request and outline the reasons we are unable to honor your request at this time.
Your California Privacy Rights
You have the following rights:
How to Exercise Your Rights
Exercise your rights (other than opt-out of “sale”): To exercise your rights to your Personal Data, please contact us through our support team or at the email address at info@mycaloriecheck.com.
Additional California Rights
California Civil Code Section 1798.83 permits California residents to request and obtain from us a list of what Personal Data (if any) we disclosed to third parties for that third party’s direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
Under Section 1798.83, we currently do not share any Personal Data with third parties for their direct marketing purposes. If we do decide to share your Personal Data with third parties for their marketing purposes, you may opt-out of this disclosure at any time by submitting a request to our support team, or in writing to info@mycaloriecheck.com.
It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes or for purposes of assisting us with our own marketing.