FOODSTAND PRIVACY POLICY

Welcome to Foodstand, a healthy eating behavior change program powered by community challenges. Foodstand, Inc., a Delaware limited liability company having principal offices at 301 East Liberty Street #701, Ann Arbor, MI 48104, (" Foodstand ," " we ," " us ," or " our") offers access to the Foodstand website at www.thefoodstand.com (the " Site") and a mobile application (the "App") available in Apple's App Store or Google Play. " User ," " you" or " your" refers to the person accessing or using the Site or the App.

This privacy policy (" Privacy Policy") informs you what data we collect and how we collect it. By registering on the Site or in the App or downloading the App, you agree to the terms of this Privacy Policy and enter into a legally binding contract with us. You expressly agree to the processing and collection of your personal information as described in this Privacy Policy.

What and how we collect:

We collect information you provide us with during registration (" Personal Information"). When you register, we will create a profile for you that includes (a) your email address, username, password, zip code, group or team invite code (optional), links to your website(s) (optional), and a short biography (optional), (b) and any other profile information you wish to add; (c) information you provide us when you contact us for help; (d) user content you enter into our system when using the App or Site, such as self-reported check-ins on healthy eating challenges, photos, comments, and "likes." If you sign up using Facebook, Twitter or any other third-party social login service, you give us access to all information you publish within that service. We may store and use this information. We will store any information you communicate to us. You can choose not to provide us with certain Personal Information.

In addition, the App may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App.

We use third-party analytics tools to help us measure usage and trends for Foodstand. We collect and use this data with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.

When you use the App, we may use GPS technology (or other similar location technology) to determine your current location in order to determine in which city you are located and allow you to add your location to your post. We will not share your current location with other Users or Affiliates unless you add your current location to your public post. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your mobile device settings.

What we do with your information:

We may use your Personal Information to provide you and other Users with services and customer support, and to improve and adapt the App and our Site. We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions. This includes, but is not limited to:

  • help you efficiently access your information after you sign in;
  • remember information so you will not have to re-enter it during your visit or the next time you visit the or use the App;
  • provide personalized content and information to you and others, which could include online ads or other forms of marketing;
  • provide, improve, test, and monitor the effectiveness of our services;
  • develop and test new products and features;
  • monitor metrics such as total number of visitors, traffic, and demographic patterns;
  • diagnose or fix technology problems; and
  • automatically update the Foodstand application on your device.

Any information you voluntarily disclose in public posting to the Site or with the App, such as Personal Information, becomes available to the public. Any self-reported check in details will remain private unless you decide to share it publicly. If you have joined a team using a team invite code or if you have added a social accountability buddy, certain individuals will have access to a summary of your healthy eating challenge participation data, but will not be able to see a detailed log of your self-reported healthy eating challenge check-ins. Once you have shared Personal Information or made it public, that information may be shared by others.

We will not disclose your Personal Information to third parties without your permission unless provided-for in this Privacy Policy. We may disclose your Personal Information to our parent company, any subsidiaries, joint venturers, or other companies under common control (collectively, " Affiliates"). We may also disclose Personal Information to our trusted service providers working on our behalf (" Contractors"), who will not be authorized to independently use such information. We will require our Affiliates and Contractors to honor this Privacy Policy.

We may disclose your Personal Information to a company that merges with us, acquires us, or purchases our assets, in which case such company may continue to process your Personal Information as set forth in this Privacy Policy. In such an event, we will take steps to notify you via email and/or a prominent notice on our Site that a change in use, ownership or control of your Personal Information has occurred (advising you in such case of any choices you may have regarding such use, ownership or control). We may also disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) resolve disputes, investigate problems, or enforce our rights under this Privacy Policy or any other terms or agreements with you; (b) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity, in which case you hereby authorize us to disclose personal information without subpoenas or warrants served on us; or (c) protect and defend our rights or property or the rights and property of you or third parties. Any new or modified information you provide will be subject to the then-current Privacy Policy and its terms.

We may redact certain data or Personal Information that can identify you and share such anonymized data with other parties. We may also combine your information with other information in a way that is no longer associated with you and share that aggregated information.

To the extent we are technically capable and legally allowed to, we will delete all Personal Information within a reasonable time from receipt of a request from you to delete this information. If we receive a request to delete information or deactivate an account, within a reasonable time, we will delete the relevant information from our active databases and take the account offline to the extent we can.

Your opt-out rights:

You can stop all collection of information by the App easily by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out by clicking on the "unsubscribe" link in any of our emails to you.

Security:

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Data Retention Policy, Managing Your Information:

We will retain User provided data for as long as you use the App and/or the Site and for a reasonable time thereafter. We will retain such information for up to 24 months and thereafter may store it in aggregate. If you'd like us to delete Personal Information that you have provided via the App, please contact us at info@dietid.com and we will respond in a reasonable time. Please note that some or all of the Personal Information or User-provided data may be required in order for the Application to function properly.

Children:

We do not allow you to use the Site or the App if you are under 13 years of age unless we receive expressed written consent from a parent or guardian only under special circumstances. We do not use the App to knowingly solicit data from or market to children under the age of 13.

By accessing our App and Site and becoming a User, you certify that you are over the age of thirteen and are fully able and competent to enter into our Terms of Use and its conditions, obligations, affirmations, representations and warranties set forth in this Privacy Policy. Should we become aware that a User is under 13 years of age and we have not received expressed written consent from a parent or guardian under special circumstances, we will attempt to block you from accessing the Site and the App. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at info@dietid.com. We will delete such information from our files within a reasonable time.

Foodstand and Foodstand App provide services that are intended for a general audience. If a user identifies himself or herself as under 13, we comply with COPPA which, among other things, requires verifiable parental consent if we collect personal information from such a user. In the process of obtaining parental consent, we provide parents with a description of the information we collect from our users, how that information is used, who that information may be shared with, what type of information may be made public, and how a parent may access their child's personal information or request that their child's account be disabled. We will not knowingly ask children under the age of 13 to provide any personal information other than which is reasonably necessary to provide Foodstand services.

Because Foodstand is available to users of all ages, if a parent grants consent to their child user of the site, that child will have the ability to send and receive communications with Foodstand users of all ages. We urge children to check with their parents before entering information on any website and we urge parents to discuss with their children restrictions regarding providing personal information to people they do not know online. Parents may review, edit, request the deletion of, or prevent further collection or use of their child’s personal information or make any other inquiry regarding this privacy policy by sending an email to team@foodstand.com or by mail at Foodstand, Atten: Privacy Under 13, 301 East Liberty Street, Suite 701, Ann Arbor, MI 48104.

Cookies and third-party cookies:

We may use a third party tracking service to track and analyze anonymous information from Users of the Site or the App. Third parties may use Cookies or other techniques through the plug-in to help track User behavior and gather information. We may enable advertisers and ad servers to promote third-party products and/or services by placing advertisements in the App or on the Site. These advertisers and ad servers may use Cookies in order to monitor information about their advertisements. Clicking on such advertisements will take you to the website of a third-party or the advertiser. This Privacy Policy is only for our Site and the App, any third party site will have its own Privacy Policy. Please check these when accessing any third party site.

We may use Cookies and URLs to gather information about the date and time of your visit and the solutions and information you viewed or searched, which advertisements were displayed, viewed or which advertisements you clicked on.

"Cookies" are small pieces of information that a website sends to your browser while you are viewing a website. We may use both session Cookies, which expire once you close your web browser, and persistent Cookies, which stay on your browser until you delete them, to improve your experience in the App and on the Site. Persistent Cookies can be removed by following your Internet browser help file directions. If you choose to disable Cookies, you may experience session errors and may need to log-in again for each page you visit in the App or on the Site. We may, through our use of Cookies and web bugs, keep you logged into our App and the Site, track your session history, collect your click-stream data, and personalize the Site and the App for you. We may use your App Information to analyze usage patterns to allow us to enhance the App and the Site, improve our internal operations and the content of our software, notify you about updates to our App and Site, and improve the efficacy of our content and advertisements that may appear in the App and the Site. We may also use your Personal Information (including Cookies) to market our products and services to you, whether within our App and the Site or elsewhere.

Links

Foodstand may contain links to other websites, whose information practices may be different from ours. You could be directed to other web pages or online content through links that are beyond our control. These other web pages may set their own cookies, collect information and/or have their own privacy policies. This Privacy Policy only covers information collected by us at Foodstand, and we encourage you to review the privacy policy of any other web site you visit, including, Third Party Sites.

Your Consent:

By using the App, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing," means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.

How we communicate with you:

We may send you communications via email about the App and our Site. You can opt out of receiving certain communications from us by clicking the "Unsubscribe" link at the bottom of each email. Even if you unsubscribe or opt-out, we may still have to contact you at your subscribed email address about important information regarding any changes to or breaches of our Privacy Policy.

Information you disclose to third-parties:

This Privacy Policy addresses only our use and disclosure of information we collect from you and about you from your use of our App and the Site. Any information you disclose to others, including other Users or promotional partners we may have, is not governed by this Privacy Policy. We do not control the privacy policies of third parties or their behavior. The App and the Site may contain links to other websites that are not owned or controlled by us. Activity in the App or on the Site may lead you to third party sites. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on third party websites.

U.S. Governing Law

Foodstand and Community Sites are established and maintained in the United States, meaning that you are accessing a community network in the U.S. Foodstand and Community Sites are governed by and operated in accordance with the laws of the U.S. Foodstand makes no representation that Foodstand or Community Sites are governed by or operated in accordance with the laws of other nations. Please be aware that any Personal Information or Other Information you provide to us or we obtain as a result of your use of Foodstand or Community Sites will be collected in the U.S. or transferred to the U.S. by or on behalf of the Community Sites. By using or participating in Foodstand or Community Sites and/or providing us with your Personal Information or Other Information, you (i) consent to the transfer, processing and/or storage of any Personal Information and Other Information you provide to Foodstand and/or Community Sites, (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union and (iii) understand that Foodstand and Community Sites will collect, transfer to, process and/or store and deal with your Personal Information and Other Information in accordance with tis Privacy Policy and U.S. law. Consequently, you waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

California Privacy Rights:

California residents are entitled to request a notice identifying the categories of personal information we share with affiliates and/or third parties for marketing purposes, and may request the contact information for such affiliates and/or third parties according to California Civil Code sections 1798.83-1798.84. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Foodstand, Inc., 301 East Liberty Street, #701, Ann Arbor, MI 48104. Please allow at least 30 days for delivery.

Notification of Changes:

We will inform you of any changes or revisions to the Privacy Policy at http://www.thefoodstand.com or otherwise, so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use any information in accordance with the Privacy Policy in force at the time we collected the information. If a change to our Privacy Policy changes how your Personal Information or App Information is treated, this change will not apply to you without your affirmative consent. However, your consent is required to access the App and the Site. Should you decide not to consent, your Profile Information or App Information will be treated as if you had deactivated your account through deletion of the App.

If you have questions, please email us directly at info@dietid.com

Effective Date (Last Revised): December 15, 2017