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Privacy Policy

This Privacy Policy is for showing what personal data is collected when you use NeverGiveUp websites and mobile applications (the 'Website', 'App', together with the 'Service'), in what way such personal data will be used, shared, and how you can control it.

BY USING THE SERVICE, YOU PROMISE US THAT (I) YOU HAVE READ, UNDERSTAND AND AGREE TO THIS PRIVACY POLICY, AND (II) YOU ARE OVER 16 YEARS OF AGE (OR HAVE HAD YOUR PARENT OR GUARDIAN READ AND AGREE TO THIS PRIVACY POLICY FOR YOU). If you do not agree, or you cannot make this promise, you must not use the Service.

“Process” , in respect of personal data, includes to collect, store and disclose to others.

1. CATEGORIES OF PERSONAL DATA WE COLLECT

We collect data you give us of your own free will (for example, food preferences). In addition, we collect data automatically (for example, your IP address), as well as we may receive data about you from third parties.

1. Data you provide to us When ordering a personalized meal plan, you provide us with your personal information. Such as your age, gender, weight, height, target weight, body type, food preferences, name, email address, description of your typical day, the level of your workout, your daily water intake, as well as your typical time of sleep.

2. Data about how you found usy We collect data about your app or URL you are referring to (that is, the app or place on the Web where you were when you tapped on our ad).

3. Usage data We record methods you interact with our Service. For example, we may log your taps/clicks on certain areas of the interface, the features and content you interact with, how often and for how long you use the Website, and your meal plan orders.

4. Advertising IDs We collect your Apple Identifier for Advertising (IDFA) or Google Advertising ID (AAID) (depending on the operating system of your device) when you access our Website from a mobile device. You can typically reset these numbers through your device's operating system settings (but it's out of our control).

5. Transaction data When you make payments through the Service, you are requested 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, as well as the type of payment method used.

6. Cookies A cookie is a small text file that is stored on a user's computer for record-keeping purposes. There are two types of cookies: 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, among other things, to automatically recognize you the next time you visit our Website. Thus, the information, which you have entered in certain fields on the Website earlier may automatically appear the next time you use our Service. Cookie data will be stored on your device and usually for a limited period of time only.

How to influence the use of cookies by the Service: We have embedded a consent management tool on our website to provide you with control over technologies such as cookies. This tool allows you to decide which partners you give permission to set, in particular, cookies on your browser or device. You can choose either (i) in the consent management pop-up window, which shows up in the footer of the page when you visit our Service the first time (if you are based in the EEA) or (ii) by clicking/pushing on Privacy Settings (located in the footer). You may view the list of such third parties in our Privacy Settings and edit your choices at “See full vendor list” or “View Companies” (designated for each separate type of the cookies) sections in the 'Third Party Vendors' section. You can change your decision and revisit your consent choices at any time by returning to the Privacy Settings.

Learn more in our Cookie policy

2. FOR WHAT PURPOSES WE PROCESS PERSONAL DATA

We process your personal data:

1. To provide our Service This includes allowing you to use the Service in a seamless manner and preventing or addressing Service errors or technical issues. For this purpose, we, in particular, will send you the customized meal plan to your email, indicated by you during the purchase.

2. To customize your experience We process your personal data, like your goals (for example, target weight), to adjust the content of the Service and make offers designed according to your personal preferences. For example, we ask you to provide us with your body measures to calculate, for instance, the recommended amount of water for your daily consumption.

3. To provide you with customer support We process your personal data to respond to your requests for technical support, Service information, or to any other communication you initiate. For this purpose, we may send you, for example, notifications or emails about the performance of our Service, security, payment transactions, notices regarding our Terms and Conditions of Use, or this Privacy Policy.

4. To communicate with you on your use of our Service We communicate with you, for example, via emails, including emails with information about the Service.

The services that we use for these purposes may collect data concerning the date and time when the message was viewed by the users of the Website, as well as the time they interacted with it, such as by clicking the 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 Website and our new products. We also use such data for statistical analysis purposes, to test and improve our offers. This allows us to better understand what features and sections of the Website our users like more, what categories of users use our Website. As a result, we often decide how to improve the Website based on the data obtained from this processing.

What third-party services do we use for this purpose? We use Facebook Analytics, a service provided by Facebook that allows us to use different analytical tools. On Facebook Analytics we get, in particular, aggregated demographics and insights on the number of people who access the Website and users’ interactions within the Website. Learn more about Facebook’s approach from its Privacy Policy To analyze how visitors use our Website and to measure the efficiency of some ads we use Google Analytics, a web analysis program of Google. In order to provide us with analytics, Google Analytics places cookies on your device. On Google Analytics we get, in particular, cumulative information on the data you enter on our Website and interactions between users within the Website. Google allows you to influence the collection and processing of information generated by Google, in particular, by installing a browser plug-in, available here. You can read more about how Google uses information here.

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. As a result, you will receive information about our products, for example about our 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 use Unisender, which is a marketing personalization and retention platform, to deliver tailored email messages to our users.

7. To personalize our ads We and our partners, such as Facebook and Google, use your personal data to tailor ads and most likely show them to you at the proper time. If you have accessed our Service, you might see ads of our products, for example, in your Facebook’s feed.

How to opt out or influence personalized advertising On the Website: Please refer to Section 1.2.6 Cookies of this Privacy Policy.

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 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:

Browsers:It is also possible to stop your browser from accepting cookies altogether by changing your browser’s cookie settings. You can usually find these settings in the “options” or “preferences” menu of your browser. The following links may be helpful, or you can use the “Help” option in your browser.

What third-party services do we use for this purpose? 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 pixel on the Website. Facebook pixel is a code placed on the Website collecting data that helps us track conversions from Facebook ads, build targeted audiences and remarket to people who have taken some action on the Website (for example, purchased a meal plan).

We also 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 on the Website. 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 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 Website (for example, show our ads to users who visited our Website). This remarketing could come in the form of an advertisement on the Google search results page, or a site in the Good Display Network. Third-party vendors, including Google, use cookies to serve advertisements based on someone’s past visits to the Service. 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 a customized meal plan and we will be notified that the payment has been made and will send you the meal plan.

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 adhere to our Terms and Conditions of Use and to prevent and combat fraud We use personal data to adhere to 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.

4. WITH WHOM WE SHARE YOUR PERSONAL DATA

We share information with third parties that help us operate, provide, improve, integrate, customize, support, and market our Service. We may share some personal data sets, in particular, for purposes indicated in Section 2 of this Privacy Policy. The types of third parties we share information with include the following:

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 may share your personal information with the following types of service providers:

  1. data analytics providers (Facebook, Google)
  2. marketing partners (such as, social media networks, marketing agencies, email delivery services; including, Facebook, Google, Unisender)

We describe for what purposes and with which third-party service providers we share information in detail in Section 2 of this Privacy Policy.

2. Law enforcement agencies and other public authorities We may use and disclose personal data to maintain 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.

3. Third parties as part of a merger or acquisition As our business develops, we may buy or sell assets or business offerings. As a rule, customers' information is 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. 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 are free to review, edit, or change, or request a copy of your personal data collected during your use of the Website at [email protected]

Deleting your personal data. You can request deletion of your personal data by sending us an email at [email protected]

When you request deletion of your personal data, we will use reasonable efforts to meet your request. In some cases, we may be legally obliged to keep some of the data for a certain time; in such a case, we will fulfill your request after we have fulfilled our obligations.

Delete Account How to delete your account in the application:

  1. Go to your profile - "Name" screen (right top button).
  2. Choose and press the "Delete account" button (bottom right).

When you delete your account:

  1. You will no longer be able to log in to this MyHealthyWeight account
  2. You will lose access to your Meal Plan, history and progress statistics.
  3. Your account will be deactivated for 30 days. During deactivation, you won't be able to log in to your account. After 30 days your account will be deleted permanently.
  4. After 30 days, when your account is deleted permanently you will not be able to get a refund on your subscription or any item you have purchased.

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 by sending a request at [email protected].

The right to data portability. If you wish to receive your personal data in a machine-readable format, you can send a respective request at [email protected].

6. AGE LIMITATION

We do not knowingly process personal data from persons under the age of 16. If you find out that anyone younger than 16 has provided us with personal data, please contact us at [email protected].

7. INTERNATIONAL DATA TRANSFERS

We do business worldwide. We may transfer personal data to countries other than the country in which the data was originally collected in order to provide the Service set forth in the Terms and Conditions of Use and for purposes indicated in this Privacy Policy. If these countries do not have the same data protection laws as the country in which you initially provided the information, we apply special security measures.

In particular, if we transfer personal data collected from the EEA to countries with an insufficient 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 EU-U.S. Privacy Shield Framework (details available here), or (iii) the European Commission adequacy decisions about certain countries (details available here).

8. CHANGES TO THIS PRIVACY POLICY

We may modify this Privacy Policy from time to time. If we decide to make material changes to this Privacy Policy, you will be notified through our Service or by other available means and will have an opportunity to review the revised Privacy Policy. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.

9. DATA STORAGE

We will store your personal data for as long as it is reasonably necessary to achieve the purposes set forth in this Privacy Policy (including providing the Service to you), which includes (but is not limited to) the period during which you have an account with the Website. We will also store and use your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

10. HOW “DO NOT TRACK” REQUESTS ARE PROCESSED

This Service does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

11. CONTACT US

You may contact us at any time for details regarding this Privacy Policy and its previous versions. For any questions concerning your account or your personal data please contact us at [email protected] .