Privacy Policy

Last modified: October 15, 2019

Introduction

Daniel Smith (“Bodyforge,” “our,” “we”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy is part of our Terms of Use.

In this policy we describe the types of information we may collect from you or that you may provide when you use our mobile application (the “Application”) and our practices for collecting, using, protecting, and disclosing that information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it, as you agree to this Privacy Policy by using the Application. If you do not agree with our policies and practices, do not use the Application.

Children Under the Age of 13

The Application is not intended for children under 13 years of age and you are not allowed to use the Application or provide information on it if you are under 13 years of age. If we learn we have received personal information from or about a child under 13, we will delete that information immediately. If you believe we might have any information from or about a child under 13, please contact us immediately at legal@bodyforge.com.

Information We Collect About You

We collect several types of information from and about users of the Application, including:

Information needed to create an account and use key features of the Application, such as your name, age range, gender, weight, height, goals, and estimated body fat percentage;
Additional information that you voluntarily enter, such as your workout information, meal and eating information, location, and photographs showing your progress;
Information that is stored in your Facebook account that you and Facebook allow us to access, such as your birthdate, email address, and Facebook friends who are also using the Application; and
Information about your internet connection, the equipment you use to access the Application, and Application usage details.

You must use your Facebook login information to create an account on and use the Application. We do not collect your Facebook username and password, but Facebook does share with us information that is publicly available from your Facebook profile, such as your name, profile photo, locale, time zone, and link to your timeline.

Cookies

We may automatically collect certain information through the use of “cookies.” Cookies are small data files that are stored on your hard drive by our Services. Among other things, the use of cookies helps us to improve the Services and your user experience. We use cookies to see which areas and features are most popular, to count the number of computers accessing our Services, and to personalize your experience by remembering your preferences.

We link the information we store in cookies to any personally identifiable information you submit while on the Services. If your browser is set not to accept cookies or if you reject a cookie, you may not be able to access certain features or services, however you can still use the Services normally. The use of cookies by our service providers or third parties is not covered by our privacy statement.

How We Collect Information From You

We collect information from you in two ways:

First, we collect information directly from you when you provide it to us, such as entering your information into the Application to create an account, indicating that you completed certain workouts or meal plans, or uploading a progress photograph into the Application.
Second, we collect generic information about your usage and equipment automatically as you navigate through the Application, such as usage details, IP addresses, approximate location, app release, app version, device model, and time zone. Information that is automatically collected from you is used primarily for analytics purposes to improve the Application.

Do Not Track Signals

The Application does not use cookies or advertisements, and since it is only available on your mobile phone, not in a web browser, we do not react to DNT signals because they do not apply to the Application.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To develop, provide, and improve the Application and its services to you.
To create a workout community between you and your Facebook friends who are also using the Application.
To provide you with information, products, or services that you request from us.
To create workout and eating plans for you based on your goals and physical characteristics.
To provide you with notices about your account and/or subscription, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to the Application or any products or services we offer or provide though it.
In any other way we may describe when you provide the information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide:

To our subsidiaries and affiliates.
To your Facebook friends who are also using the Application, but only general information about relative improvements among friends on the Application (such as who gained the most strength) and only if you grant access to your Facebook friends list to third party applications in your Facebook account. We will never share your photos or weight with your Facebook friends.
To contractors, service providers, and other third parties we use to support our business, such as Amazon Web Services that hosts the Application.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Bodyforge’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Bodyforge about the Application users is among the assets transferred.
For any other purpose disclosed by us when you provide the information.
To third party contractors in order to analyze Application performance and user behavior and/or to improve the Application, such as Mixpanel and Crashlytics.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Bodyforge, our customers, or others.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Application and visiting your account profile page. You may also send us an email at legal@bodyforge.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access. For example, access by a user to his or her personal information is available through your Facebook account only. All information on the Application is encrypted when it is stored by Amazon Web Services and done exclusively through Secure Socket Layer technology (SSL) to prevent unauthorized parties from viewing such information. Additionally, your photographs, workout and eating records, weight, and location information are only stored locally on your mobile phone and backed up by Amazon Web Services’ cloud-based software, rather than on a private server susceptible to security breaches.

The safety and security of your information also depends on you. Do not share your passwords with anyone and be careful about giving out information in public areas of the Application. Additionally, because information is stored locally on your mobile phone, you, not the Bodyforge, are responsible for the protection and security of your mobile phone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Application. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Application.

Choices About Use of Your Information

You can use some of the features of the Services without registering, thereby limiting the type of information that we collect.

You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes, including messages about your current Bodyforge account and services.

Many browsers have an option for disabling cookies, which may prevent your browser from accepting new cookies or enable selective use of cookies. Please note that, if you choose not to accept cookies, some features and the personalization of our Services may no longer work for you.

Legal Basis for Processing Personal Information Under The General Data Protection Regulation (GDPR)

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.

In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). 

Your Data Protection Rights Under The General Data Protection Regulation (GDPR)

If you are a resident of the EEA, you have the following data protection rights:

If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing legal@bodyforge.com.
In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing legal@bodyforge.com.
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing legal@bodyforge.com.
Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. 
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. 

California Privacy Rights

California residents have the right to request the identity of any third parties to whom personal information was shared if the purpose of the sharing was to enable third party direct marketing. If you are a California resident and wish to opt out of the sharing of this information, please contact us at legal@bodyforge.com. 

Third Party Links

The Application may contain links that lead to other websites, such as suggestions on where to purchase certain items online. The Bodyforge is not responsible for the privacy practices, content, and/or activities of these linked websites. Nonetheless, we welcome any feedback about these external websites.

Changes to Our Privacy Policy

We will post any changes we make to our privacy policy on this page and you will be notified of any material changes on the Application home page and in an email to the most recent email address that you provided to us, if any.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at legal@bodyforge.com.