Interpretation and definitions
- “Account” means a unique account created for You to access the Service or parts of the Service.
- “Business,” for purposes of the CCPA, refers to Defyned (to the extent it does business in California) as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone or jointly with others determines the purposes and means of the processing of consumers’ personal information.
- “CCPA” means the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et seq., and regulations promulgated thereunder, as may be amended, supplemented or replaced.
- “Consumer,” for purposes of the CCPA, means a natural person who is a California resident.
- “Cookies” means small files placed on Your Device by a website or app that contain information about you or the details of Your browsing history.
- “Device” means any device that can access or use the Service, such as a computer, cellphone, tablet or internet-connected device (such as in-store body composition analyzers).
- “Personal Data” means any information that relates to an identified or identifiable individual which, for purposes of the CCPA, means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
- “Sale,” for purposes of the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.
- “Service Provider” means any natural or legal person who processes data on behalf of Defyned and includes third-party entities engaged by Defyned to facilitate the Service, to provide the Service on behalf of Defyned, to perform services related to the Service, or to assist Defyned in analyzing how the Service is used.
- ”Usage Data” means data collected automatically, either generated by access to or use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- “You” means the individual accessing or using the Service or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and using your personal data
Types of Data Collected
When you access or use the Service, We may ask You to provide certain information that can be used to contact or identify You. Such information may include:
- Email address
- First name and last name
- Phone number
- Address (number, street, state, province, ZIP/postal code, city, country)
- BMI, age, sex, height, weight
- Usage Data
We collect Usage Data automatically when You access or use the Service.
Usage Data may include information such as Your Device’s internet protocol address (IP address), browser type, browser version, the pages of the Service that You visit, the time and date of Your visit, the time spent on those pages, unique Device identifiers and other diagnostic data.
When You access the Service by or through a mobile Device, We may collect certain information automatically, including the type of mobile Device You use, Your mobile Device unique ID, the IP address of Your mobile Device, Your mobile operating system, the type of mobile internet browser You use, unique Device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit the Service or when You access or use the Service by or through a mobile Device.
Tracking Technologies and Cookies
- Web Beacons. Certain sections of the Service and Our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Defyned or Service Providers to count users who have visited those pages or opened an email and measure related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity), among other activities.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your Device when You go offline, while Session Cookies are deleted when You close Your web browser.
We use both Persistent Cookies and Session Cookies for the purposes set forth below:
- Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Service and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Service, such as remembering your login details or language preference. These Cookies provide You with a more personal experience and help avoid having You re-enter your preferences every time You use the Service.
- Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Service and how users use the Service. The information gathered via these Cookies may directly or indirectly identify You as an individual visitor because the information is typically linked to a pseudonymous identifier associated with the Device You use to access or use the Service. We may also use these Cookies to test new pages, features or new functionality of the Service to see how users react to them.
Information from In-Store Body Composition Analyzers
Use of Your Personal Data
Defyned may use Personal Data for the following purposes:
- To provide and maintain the Service, including to monitor the usage of the Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications relating to the functionalities, products or contracted services, including security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events that We offer, unless You have opted not to receive such information.
- Advertising and promotion: to deliver targeted advertisements, promotional messages, notices and other information related to the Service and your interests.
- Customization: to offer you customized content and other personalization to make the Service more relevant to your interests and geography.
- To manage Your requests: To attend to and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve the Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze access to and use of the Service, for payment processing, and to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Our assets, financing, or acquisition of all or a portion of Our business with, by or to another business entity.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information publicly within the Service or otherwise interact in the public areas of the Service with other users, such information may be viewed by all users and may be publicly distributed.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
Defyned will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at Defyned’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to and maintained on computers located outside Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, Defyned may disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
Defyned may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of Defyned
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the internet, or method of storage (electronic or otherwise) is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed information on the processing of your personal data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on the Service in accordance with their Privacy Policies.
We may use Service Providers to monitor and analyze access to and use of the Service. Such Service Providers may include the following:
Google Analytics is an analytics service offered by Google that tracks and reports internet traffic. Google uses the data collected to track and monitor access to and use of the Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page at https://policies.google.com/privacy.
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt out of receiving any or all of these types of emails from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us. Note, however, that while you may opt out from receiving marketing emails from Us, we may continue to send You emails relating to your business relationship with Us.
We may provide paid products or services for purchase within the Service. In that case, we may use Service Providers for payment processing (e.g., payment processors).
Your California privacy rights
The Service does not target and is not directed to anyone under the age of 13. We do not knowingly collect personal information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to other websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.