PRIVACY POLICY
Fearless (“we”,
“us”, “our”) takes your privacy very seriously. Please read this privacy policy
carefully before utilizing the website and mobile application (the “Services”)
operated by Fearless Innovation LLC (“Fearless”) as it contains important
information on how and why we collect, store, use, and share your personal
information. It also explains your rights in relation to your personal
information and how to contact us in the event you have a concern or complaint.
When you use our
Services, we may collect certain personal information about you. This data is
used only to offer you our services, and nothing else. Fearless will not
disclose, give or sell your data to anyone else unless we are
required to do so pursuant to a mandatory provision of law. When we collect and
use your data, we are subject to various laws as described in this policy and
we are responsible as “controller” of that personal information for the
purposes of these laws.
INFORMATION
WE COLLECT
We collect
various kinds of information that you provide us as well as information we
obtain from your use of our Services. This includes information that
identifies, relates to, describes, or is capable of being associated with, a
particular individual (“Personal Information”); information about an
individual’s online activity that, by itself, does not identify the individual
(“Usage Data”); and a category of Personal Information collected about the
location of a mobile device or computer (“Geolocation Data”). Generally, we do
not consider Usage Data as Personal Information because Usage Data by itself
usually does not identify an individual. Personal Information and Usage Data
may be linked together. Different types of Usage Information may also be linked
together and once linked, may identity and individual person.
Some of the types of information that we collect include:
Information
You Provide Us
Account
Information
Some information
is required to create an account on our Services, such as your name, email
address, password, date of birth, and your mobile telephone number. This is the
only information you have to provide to create an account with us.
You can choose not to provide us with any or all of the information
we specify or request, but then you may not be able to register with us or take
advantage of some or all of our features.
Additional
Information
To help improve
your experience or enable certain features of our Services, you may choose to
provide us with additional information, such as your logs for food, weight,
sleep, water intake, and profile photo.
Payment
Processing Information
When you purchase
a subscription or otherwise initiate a transaction within our Services, we use
a third-party payment processor, PayPal, for all payments. Your payment will be
processed by PayPal, who will collect, use, and process your information, including
payment information, in accordance with their privacy policies.
You can access
their privacy policy via the following link: https://www.paypal.com/webapps/mpp/ua/privacy-full
We do not collect
financial information such as your credit or debit card number, card expiration
date, CVV code, and billing address, as this information will be submitted
directly and security to a third-party payment processor. Such payment
providers generally provide us with some limited data related to you. The
transaction details we retain are those details that allow us to verify that
you paid for the Services or transaction, such as price, date of payment,
payment method, name, and account name. We may combine this information with
your account as purchase history.
Information We Receive From Your Use Of
Our Service
Information
From Connected Devices
When you connect
or sync a device with our Services, information from the device may be passed
along to us. For example, when you pair your smartwatch with our application,
data recorded by the device may be transferred from your device to us. This
information is used solely to provide our Services to you
effectively. If you choose not to permit us to access this
information, you may not be able to use the Services. We will not collect or
ask you to disclose any information that is not reasonably necessary to
participate in the Services.
Usage
Information
When you use our application,
application usage and behaviors is collected in order to effectively
provide our Services. If you choose to not provide such information, it may
prevent us from providing our Services to you.
Additional
information is collected through inferences drawn from application usage, such
as applications installed on your device, your device usage patterns, and derivative
data points. Such inferential information is analyzed in the aggregate without
personally identifiable information associated, but may include data points
such as age, location, and device type. This information is collected and
used to provide our Services to you, through “Personalized Reports” of your
activities and use of the Services.
When you access or use our Services, we receive usage or network activity information. Usage Data includes information about your interaction with the Services, for example, when you pair your device to your account. This may also include data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, mobile, device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted to us), and cookie information.
By using the Services, you are consenting to such use of cookies. Most Web
browsers can be set to inform you when a cookie has been sent to you and
provide you with the opportunity to refuse that cookie.
Geolocation
Data
To provide you
certain features of our Services, we may collect your precise Geolocation Data,
through location services including GPS signals, device sensors, Wi-Fi access
points, and cell tower IDs, if you have granted us access to that information.
If you have not granted access to your precise Geolocation data, we may however
derive your approximate location from the IP address you use when accessing our
Services.
Information We
Receive From Third Parties
Third-Party
Services
If you choose to
connect your account on our Services to your account on another service, we may
receive information from the other service. For example, if you connect to
Facebook or Google, we may receive information like your name, profile photo,
age range, language, email address, and friends list. You may also choose to
grant us access to your exercise or activity data from another service. You can
stop sharing the information from that other service with us by removing our
access to that other service.
HOW
WE USE INFORMATION WE COLLECT
We use the information we collect for the
following purposes:
Provide and
Maintain the Services
Using the
information we collect, we are able to
deliver the Services to you and honor our Terms of Service contract with you.
Improve,
Personalize, and Develop the Services
We use the
information we collect to improve and personalize the Services. For example, we
use the information to troubleshoot and protect against errors; perform data
analysis and testing; conduct research and surveys; and develop new features.
We also use your
information to make inferences and show you more relevant content. Here are
some examples:
·
Information
like your application usage and fitness behaviors allow us to improve the
accuracy of your activity statistics.
·
We
may personalize activity goals based on goals you previously set and your
historical activity data.
·
When
you allow us to collect precise Geolocation Information, we use that
information to provide and improve features of the service.
Communicate
with You
We use your
information when needed to send you relevant notifications and respond to you
when you contact us. We also use your information to promote new features that
we think you would be interested in. You can control marketing communications
and other notifications by using your notification preferences in account
settings or via the “Unsubscribe” link in an email.
Promote Safety
and Security
We use the
information we collect to promote the safety and security of the Services,
our users and other parties. For example, we may use the information
to authenticate users, protect against fraud and abuse, respond to a legal
request or claim, conduct audits, and enforce our terms and policies.
We use cookies
and similar technologies for the purposes described above.
HOW WE
SHARE AND DISCLOSE YOUR INFORMATION
We do not
presently sell and have not at any point within the past twelve months sold
your personal information. We will not share your personal information or user
data except as described below. We may provide aggregate usage and demographic
information to service partners to help them understand our audience and target
their communications accordingly, but not in any way that could identify our
users personally. We only share your personal information in limited
circumstances described below.
To Perform
Services
In the normal
course of business we may share your
information with individuals (such as employees, contractors, and lawyers) and
companies (such as our payment processor or third-parties such as social media
sites you choose to link your account to) to perform tasks on behalf and may
need to share certain information with them in order to provide products or
services to you. Our agents do not have any right to use the information we
share with them beyond what is necessary to assist us in providing our Services
to you as described in this Privacy Policy. We only allow service providers to
handle your personal information if we are satisfied they
take appropriate measures to protect your personal information and we impose
contractual obligations on such providers to ensure they can only use your
personal information to provide services to us and to you.
For Legal
Reasons
We may disclose
and exchange information with law enforcement agencies and regulatory bodies to
comply with our legal and regulatory obligations. We may be required to share
your information in response to a regulation, court order, subpoena, or when we
otherwise believe it is necessary to comply with the law. We also may share
information to respond to a government request or when we believe disclosure is
necessary or appropriate to protect the rights, property or safety of us, our
customers, or others; to prevent harm or loss; or in connection with an
investigation of suspected or actual unlawful activity.
In
Aggregated Or De-identified Form And With
Third Parties
We may share
non-personal information that is aggregated or de-identified so that it cannot
reasonably be used to identify an individual. We may disclose such information
publicly and to third parties, for example, in public reports about health and
activity, to partners under agreements with us, or as part of the community
benchmarking information we provide to users of our subscription services.
We may also need
to share some personal information with other parties, such as potential buyers
of some or all of our business or during a restructuring. We will
typically anonymize information, but this may not always be possible. The
recipient of the information will be bound by confidentiality obligations. If
we are involved in a merger, acquisition, or sale of assets, we will continue
to take measures to protect the confidentiality of personal information and
give affected users notice before transferring any personal information to a
new entity.
HOW WE
STORE AND PROTECT THE INFORMATION WE COLLECT
We currently use
Amazon Web Services (“AWS”) to store our data. AWS is the highest industry
standard for data storage and is designed to follow confidentiality and data
privacy regulations. AWS provides secure data centers and a network to protect
information, identities, applications, and devices. Amazon continually manages
risk and undergoes assessments to ensure compliance with recurring
industry-recognized certifications and audits. For more information on AWS
security, click here.
We take
reasonable security measures to store and protect the information under our
control and appropriately limit access to it. However, we cannot ensure or
warrant the security of any information you transmit to us and you do
so at your own risk.
We want you to feel
confident using our Services. However, no system can be completely secure.
Therefore, we do not promise, and you should not expect, that your personal
information, usage data or other communications will always remain secure. We
will notify you by email if we have reason to believe that your personal
information has been compromised due to a security breach or used in an
unauthorized manner, but by using our Services, you agree to release us
from any and all claims arising out of unauthorized use of your
information.
YOUR RIGHTS
TO ACCESS AND CONTROL YOUR DATA
We provide user
account settings and tools to access and control your personal data, as
described below, regardless of where you live. If you live in certain
jurisdictions, you may have legal rights with respect to your information,
which your account settings and tools allow you to exercise, as outlined below.
Accessing and
Exporting Data
At this time, and
for the forseeable future, we do not offer
the ability to access your personal information unless required by local law
and a specific request is made.
Editing and
Deleting Data
At this time, and
for the forseeable future, we do not offer
the ability to edit your personal information unless required by local law and
a specific request is made.
If you choose to
delete your account, your personal information will be permanently and
irrevocably anonymized within 30 days. Please note it may take up to 90 days to
anonymize all of your personal information, like the data recorded by
your device and other data stored in our backup systems. This is due to the
size and complexity of the systems we use to store data. We may also preserve
data for legal reasons or to prevent harm, including as described in the How
Information is Shared section.
Deleting any of
your profile data, personal information, or account will not result in deletion
of any anonymized data we collected based on your use of the services.
Objecting to
Data Use
At this time, and
for the forseeable future, we do not offer
the ability to limit how your information is visible to other users unless
required by local law and a specific request is made.
DATA
RETENTION
Deactivating your
account does not automatically delete your account or personally-identifiable data
from our database, but regardless of any retention policy we will make
reasonable efforts to anonymize your personal information from our database
upon request. However, if certain information has already been provided to
third parties, retention of that information will be subject to those third
parties’ policies.
We will retain
your personal information for as long as your account is active or as needed to
provide you services, comply with our legal obligations, resolve disputes, and
enforce our agreements. If you close your account, we may still retain certain
information associated with your account for analytical purposes and
recordkeeping integrity, as well as to prevent fraud, collect any fees owed,
enforce our terms and conditions, take actions we deem necessary to protect the
integrity of our Services or our users, or take other actions otherwise
permitted by law.
We keep your
account information, like name, email address, and password, for as long as
your account is in existence because it is necessary to operate your account.
We will keep your personal information, such as Usage Data, until you use your
account setting or tools to delete your account because this data is used to
provide you with your Personalized Reports and other aspects of our Services.
If you delete your account, we will permanently and irrevocably anonymize your
data. Anonymized data is irreversibly altered in a way such that the person can
no longer be directly or indirectly identifiable.
In some cases,
when you give us information for a feature of our Services, we delete the
relevant data after it is no longer needed for the feature; for example, when
you provide your device’s contact list for finding friends on BingeBetter.
When it is no
longer necessary to retain your personal information, we will anonymize it.
THIRD PARTY
SERVICES AND LINKS TO OTHER WEBSITES
Our website and
application may contain links to other websites including those of our service
partners, payment processor and other service providers, many of which have
their own privacy policies. Be sure to review the privacy policy on any site
you are visiting, whether directly or through our Services.
Additionally, we
may integrate third party services into our Services in order to personalize
your experience. This policy only covers the use of cookies by Fearless.
Cookies placed by third party services are governed by the third party’s terms
and privacy policies applicable to those services (which we encourage you to
read).
ANALYTICS
AND ADVERTISING SERVICES PROVIDED BY OTHERS
We may work with
partners who provide us with analytics and advertising services. This includes
helping us understand how users interact with the Service, serving
advertisements on our behalf across the internet, and measuring the performance
of those advertisements. These providers may use cookies and similar
technologies to collect information about your interactions with our Services
and other websites and applications.
CALIFORNIA
PRIVACY DISCLOSURES
If you are a
California resident, please review the following additional privacy disclosures
under the California Consumer Privacy Act (“CCPA”).
How To
Exercise Your Legal Rights
You have the
right to understand how we collect, use, and disclose your personal
information, to access your information, to request that we delete certain
information, and to not be discriminated against for exercising your privacy
rights. You may exercise these rights using your account settings and tools as
described in the Your Rights To Access And
Control Your Data section.
Categories of
Information We Collect, Use, and Disclosure for Business Purposes
As described in
the Information We Collect section, we collect the categories of personal
information listed below. We receive this information from you, your device,
your use of our Services, third parties, and as otherwise described in this
policy. We use and disclose these categories of information for the business
purposes described in the How We Use Information and How We Share And Disclose Your Information sections, respectively.
The categories are:
·
Identifiers, like your name and username, email
address, mailing address, phone number, IP address, account ID, device ID,
cookie ID, and other similar identifiers.
·
Demographic
information, such as your
gender, health information, and physical characteristics or description, which
may be protected by law.
·
Commercial
information, such records
of your account subscriptions and in-app purchases.
·
Internet
or other electronic network activity information, such as the usage data we receive when you
access or use our Service. This includes information about your interactions
with our Services and about the devices and computers you use to access our
Services.
·
Geolocation
data, as an approximate
location derived from your device’s IP address.
·
Electronic,
visual, or similar information, such as your profile photo.
·
Other
information that you provide, including account information such as your information for features of
the Services and the information recorded by your device.
·
Inferences
drawn from any of the above, including personalized activity reports .
YOUR RIGHTS
UNDER THE CCPA
You have the
right under the California Consumer Privacy Act of 2018 (CCPA) and certain
other privacy and data protection laws, as applicable, to exercise free of
charge:
|
Disclosure of
Personal Information We Collect About You |
You have the
right to know: ● The
categories of personal information we have collected about you; ● The
categories of sources from which the personal information is collected; ● Our
business or commercial purpose for collecting or selling personal information; ● The
categories of third parties with whom we share personal information, if any;
and ● The
specific pieces of personal information we have collected about you. ● Please
note that we are not required to: ● Retain
any personal information about you that was collected for a single one-time
transaction if, in the ordinary course of business, that information about
you is not retained; ● Reidentify
or otherwise link any data that, in the ordinary course of business, is not
maintained in a manner that would be considered personal information; or ● Provide
the personal information to you more than twice in a 12-month period. |
|
Personal
Information Sold or Used for a Business Purpose |
In connection
with any personal information we may sell
or disclose to a third party for a business purpose, you have the right to
know: The categories
of personal information about you that we sold and the categories of third
parties to whom the personal information was sold; and The categories
of personal information that we disclosed about you for a business purpose. You have the
right under the California Consumer Privacy Act of 2018 (CCPA) and certain
other privacy and data protection laws, as applicable, to opt-out of the sale
or disclosure of your personal information. If you exercise your right to
opt-out of the sale or disclosure of your personal information, we will
refrain from selling your personal information, unless you subsequently
provide express authorization for the sale of your personal information. To
opt-out of the sale or disclosure of your personal information, send an email
to: hello@bingebetter.app |
|
Right to
Deletion |
Subject to
certain exceptions set out below, on receipt of a verifiable request from
you, we will: ● Delete
your personal information from our records; and ● Direct
any service providers to delete your personal information from their records. ● Please
note that we may not delete your personal information if it is necessary to: ● Complete
the transaction for which the personal information was collected, fulfill the
terms of a written warranty or product recall conducted in accordance with
federal law, provide a good or service requested by you, or reasonably
anticipated within the context of our ongoing business relationship with you,
or otherwise perform a contract between you and us; ● Detect
security incidents, protect against malicious, deceptive, fraudulent, or
illegal activity; or prosecute those responsible for that activity; ● Debug
to identify and repair errors that impair existing intended functionality; ● Exercise
free speech, ensure the right of another consumer to exercise his or her
right of free speech, or exercise another right provided for by law; ● Comply
with the California Electronic Communications Privacy Act; ● Engage
in public or peer-reviewed scientific, historical, or statistical research in
the public interest that adheres to all other applicable ethics and privacy
laws, when our deletion of the information is likely to render impossible or
seriously impair the achievement of such research, provided we have obtained
your informed consent; ● Enable
solely internal uses that are reasonably aligned with your expectations based
on your relationship with us; ● Comply
with an existing legal obligation; or ● Otherwise
use your personal information, internally, in a lawful manner that is
compatible with the context in which you provided the information. |
|
Protection
Against Discrimination |
You have the
right to not be discriminated against by us because you exercised any of your
rights under the CCPA. This means we cannot, among other things: ● Deny
goods or services to you; ● Charge
different prices or rates for goods or services, including through the use of
discounts or other benefits or imposing penalties; ● Provide
a different level or quality of goods or services to you; or ● Suggest
that you will receive a different price or rate for goods or services or a
different level or quality of goods or services. Please note
that we may charge a different price or rate or provide a different level or
quality of services to you, if that difference is reasonably related to the
value provided to our business by your personal information. |
YOUR RIGHTS
UNDER THE GDPR
|
Right to Access |
The right to be
provided with a copy of your personal information (the right of access) |
|
Right to
Rectification |
The right to
require us to correct any mistakes in your personal information |
|
Right to be
Forgotten |
The right to
require us to delete your personal information—in certain situations |
|
Right to
Restriction of Processing |
The right to
require us to restrict processing of your personal information—in certain
circumstances, e.g. if you contest the accuracy of the data |
|
Right to Data
Portability |
The right to
receive the personal information you provided to us, in a structured,
commonly used and machine-readable format and/or transmit that data
to a third party—in certain situations |
|
Right to Object |
The right to
object: ● at
any time to your personal information being processed for direct marketing
(including profiling); ● in
certain other situations to our continued processing of your personal
information, e.g. processing carried out for the purpose of our
legitimate interests. |
|
Right Not to be
Subject to Automated Individual Decision-Making |
The right not
to be subject to a decision based solely on automated processing (including
profiling) that produces legal effects concerning you or similarly
significantly affects you |
For further
information on each of those rights, including the circumstances in which they
apply, see the guidance from the UK Information Commissioner's Office (ICO) on
individual rights under the General Data Protection Regulation.
HOW TO
EXERCISE YOUR RIGHTS
If you would like
to exercise any of your rights as described in this Privacy Policy, please:
·
Email
us at hello@bingebetter.app
Please note that you may only make a CCPA-related data access or data
portability disclosure request twice within a 12-month period.
If you choose to contact directly by any of the means listed above, you will
need to provide us with:
o
Enough
information to identify you (e.g., your full name, address and customer or
matter reference number);
o
Proof
of your identity and address (e.g., a copy of your driving license or passport
and a recent utility or credit card bill); and
o
A
description of what right you want to exercise and the information to which
your request relates.
We are not
obligated to make a data access or data portability disclosure if we cannot
verify that the person making the request is the person about whom we
collected information, or is someone authorized to act on such
person’s behalf.
Any personal
information we collect from you to verify your identity in connection with you
request will be used solely for the purposes of verification.
HOW TO FILE
A GDPR COMPLAINT
We hope
that we can resolve any query or concern you raise about our use of your
information. The General Data Protection Regulation also gives you the right to
lodge a complaint with a supervisory authority, in the European Union (or
European Economic Area) state where you work, normally live, or where any
alleged infringement of data protection laws occurred.
CHILDREN’S
PRIVACY
Persons under the
age of 16, or an applicable higher minimum age in the jurisdiction where that
person resides, are not permitted to create accounts within our Services unless
their parent has consented in accordance with applicable law. For more information
see our Terms of Service, here.
If we learn
we have collected personal information under the relevant minimum age without
appropriate parental consent, we will delete the information as soon as
possible. Parents who believe their child has submitted personal information to
us without consent should contact us through the channels provided in the
“How To Contact Us” section below.
USING
THE SERVICE FROM OUTSIDE THE UNITED STATES
If you are
accessing our Services from outside the United States, please be aware that
your information may be transferred to, stored, and processed in the United
States by us as a data controller and as data processor. By signing up for and
using our Services you agree to this transfer.
CHANGES
TO THIS PRIVACY POLICY
Please note that
this Privacy Policy may change from time to time. We will post any Privacy
Policy changes on this page and, if the changes are significant or involve
changes to the way we use Personal Information, we will notify you by
delivering an announcement via our Services or to the email associated with
your account. If you opt out of communications from Fearless, you may not
receive these notifications, however they will still govern your use of our
Services, and you are responsible for proactively checking for any changes.
Each version of this Privacy Policy will be identified by its effective date
found at the bottom of this page.
HOW
TO CONTACT US
If you have any
questions about the Privacy Policy or would like to exercise your rights,
please contact us at: hello@bingebetter.app
This Privacy
Policy was last updated on: [11-06-24]
DO YOU NEED
EXTRA HELP?
If you would like
this notice in another format (for example, audio, large print, braille) please
contact us (see “How To Contact Us” above).