MyFitnessPal Privacy Policy
<p>
<em>Effective: December 18, 2020</em>
</p>
IMPORTANT NOTICE
<p>At MyFitnessPal, Inc.
(“MyFitnessPal”), our mission is to help you along
your fitness and wellness journey and we want you to know how we collect
and use the data that you provide to us over the course of that journey.
MyFitnessPal is the myfitnesspal.com
website (“<strong>Website</strong>”) and MyFitnessPal mobile applications (“<strong>Mobile
App</strong>”) (which we collectively refer to in this Privacy Policy as the
“<strong>Services</strong>”).
We encourage you to read this Privacy Policy as well as
our terms and conditions of
use (referred to
throughout as our “<strong>Terms</strong>”).</p>
<p>
<strong>BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER
OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES AS DESCRIBED
IN THIS PRIVACY POLICY.</strong>
</p>
<p>
<em>MyFitnessPal and all associated Services and systems, including
registration, is housed on servers in the United States.
If you are
located outside of the United States, please be aware that information
we collect (including cookies and device data) will be processed and
stored in the United States, a jurisdiction in which the data protection
and privacy laws and principles, including your data subject rights, may
not offer the same level of protection as those in the country/region
where you reside or are a citizen.
By using our Services and providing
information to us, you consent to the transfer to and processing of the
information in the United States and, unless otherwise stated in this
Privacy Policy, we use this consent as the legal ground for that data
transfer.
You may be asked for your explicit consent to this data
transfer as part of account creation.</em>
</p>
<p>
<em>Please read this Privacy Policy carefully, as your access to and use of
the Services signifies that you have read, understand and agree to all
terms within this Privacy Policy.
If you do not agree with any part of
this Privacy Policy or our Terms, please do not access or continue to
use any of the Services or otherwise submit your Personal Data (defined
below) to us.</em>
</p>
<p>
<strong>Note to Residents of the European Union</strong>: In order to comply with the
requirements of the European General Data Protection Regulation (GDPR)
for our European consumers and users, this Privacy Policy outlines the
legal bases on which we process your Personal Data and provides other
information required by the GDPR.
Further country/region specific
information for our European consumers and users is outlined in the
location-specific
disclosures
section.</p>
Information About Your Personal Data
<p>This Privacy Policy relates to data about you, your devices, and your
interaction with our Services.</p>
<p>“<strong>Personal Data</strong>” is information that can be used to identify you,
directly or indirectly, alone or together with other information.
This
includes things such as your full name, email address, phone number,
device IDs, certain cookie and network identifiers, and “Fitness and
Wellness Data.”</p>
<p>MyFitnessPal collects, uses, discloses and processes Personal Data as
outlined in this Privacy Policy, including to operate and improve the
Services and our business.
for advertising and marketing.
and to provide
you with innovative fitness and wellness services, as further described
in this Privacy Policy.</p>
<p>We may create de-identified or anonymous data from Personal Data by
excluding data components (such as your name, email address, or linkable
tracking ID) that makes the data personally identifiable to you, through
obfuscation, or through other means.
Our use of anonymized and
de-identified data is not subject to this Privacy Policy.</p>
How We Collect and Use Personal Data
<p>We collect your Personal Data in a number of ways and for various
purposes, including:</p>
1.
When you register for an account or interact with our Services
<p>We collect Personal Data when you use or interact with our Services,
including when you register for a MyFitnessPal account, purchase a
Premium Subscription (including processing of payment), or otherwise use
the Services (e.g., browse the content available on the Services), and
when you ask us to customize our Services.
This Personal Data may
include name, photo, username and password, email address, date of
birth, gender, payment information and general location data.</p>
2.
When you input Fitness and Wellness Data within our Services or use our Services that collect or ingest data from mobile device sensors
<p>“Fitness and Wellness Data” includes data you provide related to your
dietary habits, dietary restrictions, fitness activity, fitness goals,
lifestyle (e.g., sleeping habits), life events, fitness goals, height,
weight, measurements, fitness level, heart rate, sleep data, BMI,
biometric data, and similar types of data relating to physiological
condition, and activity.
We collect this data in order to provide the
Services and to tailor features, advertising, and services to your
interests and goals, including providing meal suggestions, reporting and
analytics, workout plans, and meal planning related services, and
product recommendations.</p>
3.
When you use or interact with a wearable or other connected device
<p>We also collect Personal Data, including Fitness and Wellness Data, when
you use a device that is connected to the Internet, such as heart rate
monitors, activity trackers, and other devices or wearables that
integrate with the Services.
When you use a wearable or connected device
or product, we may also collect certain information about the device or
product such as serial number, Bluetooth address, UPC, or other device-
or purchase-related information.</p>
<p>
<em>Note on Apple HealthKit Data</em>
</p>
<p>You can choose to connect and share your information with HealthKit and
your HealthKit information with MyFitnessPal.
The information you
provide to HealthKit is then governed by the Apple Terms and Conditions
and Privacy Policy.
The unique information you choose to send from
HealthKit is not used by MyFitnessPal for marketing and advertising or
transferred by MyFitnessPal to third parties for marketing and
advertising.</p>
4.
When you communicate with us or sign up for promotional materials
<p>We collect Personal Data when you communicate with us or sign up to
receive promotional materials or information (“Messages”) via email and
push notifications.</p>
<p>If you consent to receive Messages, we may use your Personal Data and
other information to communicate with you about the MyFitnesssPal
Services you have purchased or used.
provide you with promotional
messages and personalized advertising.
to notify you of other features.
to notify you of contests, challenges, sweepstakes, and other promotions
(“Promotions”).
to notify you of Services we think may be of interest to
you.
and, for other marketing purposes.
You can manage your
communication preferences in your account
settings.</p>
<p>Please note that regardless of your email settings, we may send you
Messages pertaining to the performance of our Services, such as revision
of our Terms or this Privacy Policy or other formal communications
relating to Services you have purchased or use.</p>
<p>We may use your Personal Data to respond to and address your requests
for technical support, questions or complaints about the Services, or
any other communication you initiate.
This includes accessing your
account to address technical support requests.</p>
5.
When you participate in special activities, offers, or programs
<p>We may request or otherwise collect Personal Data, including Fitness and
Wellness Data when you participate in Promotions, when you participate
in surveys, or when you participate in research activities or
initiatives (“Research”).
This includes Personal Data, such as name,
address, email address, telephone number and age and other information
that may be appropriate in order to participate in the Research.
If you
win a Promotion, we also may need to collect certain tax information,
waivers and releases, depending on the prize.</p>
<p>We may also launch surveys that ask you to answer questions about a
range of topics from Personal Data to brand and product preferences.
Promotions or surveys may be run by a MyFitnessPal service provider or
co-branded with one of our business partners.
In such instances,
Personal Data may be collected directly by and/or shared with
MyFitnessPal, the service provider, and/or business partner, including
for marketing purposes.
Each Promotion or survey that treats your
Personal Data in a way that differs from this Privacy Policy will
identify the privacy policy governing that collection of information in
connection with that Promotion or survey.</p>
6.
When you engage with our online communities or advertising
<p>We may collect your Personal Data when you engage with our online
communities.
This includes when you click on advertisements, interact
with our social media pages, submit content, or otherwise enter
information into comment fields, blogs, or community forums sponsored by
or affiliated with MyFitnessPal.
Please note that our community forums
are public, so we recommend that you exercise care in deciding what
information and content you wish to disclose.</p>
7.
When you access third party products and services
<p>We may allow you to register and pay for third-party products and
services or otherwise interact with another website, mobile application,
or Internet location (collectively “<strong>Third Party Sites</strong>”) through our
Services, and we may collect Personal Data that you share with Third
Party Sites through our Services.
When we do so, we will inform you of
the further details of how we use your Personal Data.</p>
8.
When you connect with us through social media
<p>You may choose to enable, log into, or sign on to the Services through
various social media or social networking services, such as Facebook
(“Social Networking Service” or “SNS”).
When you connect using your SNS
accounts, we may collect Personal Data that you have provided to that
SNS.
For example, when you log in with your Facebook credentials, with
your consent, we may collect Personal Data from your Facebook profile
that is permitted under Facebook’s Terms of Service - such as your email
address, profile picture, and friend list.
We use this data to provide,
enhance, and personalize the Services (e.g., to help connect you with or
suggest friends within our Services).
If you do not want to provide us
with this data, you need to adjust the privacy settings on your SNS
account.</p>
9.
When we collect data from third parties or publicly-available sources
<p>We may obtain certain data about you from third party sources to help us
provide and improve the Services and for marketing and advertising.
We
may combine your Personal Data with data we obtain from our Services,
other users, or third parties to enhance your experience and improve the
Services.</p>
10.
When we leverage and/or collect cookies, device IDs, Location, data from the environment, and other tracking technologies
<p>We may collect certain Personal Data using cookies and other
technologies such as web beacons, device IDs, advertising IDs,
geolocation, HTML5 local storage, Flash cookies, and IP addresses.
We
specifically use browser cookies for different purposes, including
cookies that are strictly necessary for functionality and cookies that
are used for personalization, performance/analytics, and advertising.
Our cookie and device id use section
contains more information and options to control or opt-out of certain
data collection or uses.</p>
11.
When we aggregate or centralize data
<p>We aggregate and centralize Personal Data and Fitness and Wellness Data
for purposes of analytics, innovation, and to provide enhanced services
to our customers and end-users.</p>
12.
When we link you to friends across platforms
<p>Our Services consist of social sharing and communication with others.
We
use your Personal Data to enable sharing as described in the Services,
including to enable you to find and link to friends on the Services.</p>
13.
Share content or achievements.
or invite friends
<p>With your permission, we access your contacts to enable you to share
content or achievements, including videos, with friends or other
members, and to invite friends to use the Services.</p>
14.
When we provide you geographically relevant Services, offers, or advertising
<p>We may use general location data to provide you with Services, offers or
advertising that are relevant to your general location.</p>
15.
When you ask us to customize our Services
<p>We use photos, videos, or other data you provide to us to customize our
Services.</p>
16.
When we comply with Legal Requirements or Obligations, Law Enforcement, and for Public Safety Purposes (location-specific disclosures may apply)
<p>We may use Personal Data in order to comply with laws, regulations,
court orders, or other legal obligations or to assist in an
investigation, to protect and defend our rights and property, or the
rights or safety of third parties, to enforce our Terms, this Privacy
Policy, or agreements with third parties, or for crime-prevention
purposes.</p>
How We Disclose Personal Data
<p>We may disclose your Personal Data for the purposes as described in the
prior section of this Privacy Policy, in the Location-Specific
Disclosures section, and in the following ways:</p>
1.
Operation and Improvement of Services and User Experience
<p>Internally to relevant departments within MyFitnessPal, in order to
provide and improve Services, for marketing purposes, and for
advertising.</p>
2.
To Service Providers and Vendors
<p>With business partners, marketing partners, and vendors to provide,
improve, and personalize the Services.</p>
<p>
<em>Notice for Apple Users</em>
</p>
<p>For Apple users, our iOS mobile apps share personal data with third
parties as described in this Privacy Policy.
We take measures to ensure
such third parties provide privacy protections identical to or equal to
those required under this Privacy Policy and apple’s developer
guidelines.</p>
3.
To Social Network Providers
<p>With social network providers when we use social network widgets,
buttons, or plug-ins in our Services.</p>
4.
To other MyFitnessPal Registered Users
<p>With other users of the Services in the context of specific features
that are social in nature.
Additionally, any information you post or
disclose in our community forums (e.g., Facebook, sponsored pages on the
MyFitnessPal Blog) is public.</p>
5.
For Advertising and Marketing
<p>With advertising and marketing partners for advertising and marketing
purposes on MyFitnessPal’s behalf and on behalf of third parties,
including but not limited to Facebook.</p>
6.
For Certain Analytics and Improvement
<p>With certain companies for purposes of analytics and improvement of the
Services.</p>
7.
For Interest-Based Advertising
<p>With companies involved in interest-based advertising, including web,
mobile app and other advertising.
This advertising consists of
MyFitnessPal and third party ads that are personalized and displayed on
our sites and apps and through other channels.
For more information on
how data is disclosed for advertising see interest-based
advertising.</p>
8.
For Legal Compliance, Law Enforcement, and Public Safety Purposes (location-specific disclosures may apply)
<p>With law enforcement, government or regulatory bodies, lawful
authorities, or other authorized third parties in order to comply with
laws, regulations, court orders, or other legal obligations or to assist
in an investigation, to protect and defend our rights and property, or
the rights or safety of third parties, to enforce our Terms of Use, this
Privacy Policy, or agreements with third parties, or for
crime-prevention purposes.</p>
9.
In the event of an actual or contemplated sale.
(location-specific disclosures may apply)
<p>With prospective or actual purchasers, investors, or successor entities
in connection with a contemplated reorganization or an actual
reorganization of our business, in connection with financing, a sale, or
other transaction involving the disposal of all or part of our business
or assets, including for the purpose of permitting the due diligence
required to decide whether to proceed with a transaction, pursuant to
assurances of sufficient data handling practices and safeguards.</p>
<p>Residents of the european economic
area.
Our disclosure is limited to situations where we are permitted to do so
under applicable European and national data protection laws and
regulations.</p>
Legal Basis for Processing
<p>This section addresses the legal basis for processing your data if you
reside outside the United States (within the United States, you
typically provide consent when you receive notice of this Privacy Policy
in a website link or mobile app).
Some processing is addressed in
multiple sections because more than one legal basis may apply depending
on the circumstances or service.</p>
<p>For the purposes of applicable data protection laws, MyFitnessPal, Inc.
is the controller of the Personal Data you provide to us (“<strong>Data
Controller</strong>”).
As a Data Controller, we process the Personal Data we
maintain about you in accordance with this Privacy Policy.
If you have
any questions or concerns regarding the processing of your Personal
Data, or if you have questions regarding this Privacy Policy, please see
our location-specific disclosures for
appropriate contact information.</p>
<p>
<strong>Note for Residents of the European Union:</strong> For more information on
the Legal Basis for processing see the EEA location-specific
disclosures.</p>
<p>We collect and process your Personal Data for a variety of purposes
outlined in this Privacy Policy.
In certain cases, separate consent is
not required, including:</p>
1.
For the Performance of a Contract
<p>To perform our contractual obligations to you in connection with the
Services, including but not limited to account registration, fulfilling
purchases you have made via the Services (including processing of
payment), contacting you in relation to any issues with the Services,
when you use or interact with a wearable or other connected device and
in relation to location-based Services (including to provide you
geographically relevant Services), to connect you with friends across
platforms, share content or achievements, or invite friends, when you
ask us to customize our Services, where we need to collect Personal Data
from third party sources and when you access third party products and
services, where we collect data from third parties or publicly-available
sources, or to aggregate and centralize data for the performance of the
Services.</p>
2.
To Meet Legal Obligations
<p>To comply with laws, regulations, court orders, or other legal
obligations or to assist in an investigation.</p>
3.
For Legitimate Interests
<p>To operate our business and provide the Services, other than in
performing our contractual obligations to you for MyFitnessPal’s
“legitimate interests” for the purposes of applicable law - except where
overridden by the interests or fundamental rights and freedoms that
require protection of Personal Data.</p>
<p>For example, the following areas include processing covered by
Legitimate Interests, subject to applicable law:</p>
<ul>
<li>
<p>
<strong>Communication</strong>.
To communicate with you regarding the Services,
including to provide you important notices regarding changes to our
terms and also to
address your requests, inquiries, and complaints.
We may send
strictly necessary communications, including emails, even if you
have opted out of receiving other MyFitnessPal emails or
communications.
These types of communications do not require
consent.
We also process your Personal Data for our legitimate
interests when you communicate with us, including when you sign up
for promotional materials and we have not asked you for your consent
in that regard.</p>
</li>
<li>
<p>
<strong>Respond to Your Requests</strong>.
To respond to your requests for
technical support, online services, product information or to any
other communication you initiate.
This includes accessing your
account to address technical support requests.</p>
</li>
<li>
<p>
<strong>Promotional Messages</strong>.
We process your non-sensitive Personal
Data to provide you with promotional messages and personalized
marketing, including: when you communicate with us or sign up for
promotional materials.
when you participate in offers or programs.
when you engage with our online communities or advertising.
to
provide you geographically relevant Services, offers, or
advertising.
when we aggregate and centralize data.
and when we
share Personal with our service providers and vendors.</p>
</li>
<li>
<p>
<strong>Surveys</strong>.
To send you surveys in connection with our Services,
unless commercial in nature.
In those cases, a survey request may be
sent to you if you have given us your consent to receive marketing
from us.</p>
</li>
<li>
<p>
<strong>Compliance with Law and Public Safety</strong>.
To assist in the
investigation of suspected illegal or wrongful activity, including
sharing information with other entities for fraud, loss, and crime
prevention purposes.
To protect and defend our rights and property,
or the rights or safety of third parties.</p>
</li>
<li>
<p>
<strong>Improvement and Development</strong>.
To develop, provide, enhance, and
improve our Services and your experience, including to enable you to
use the full range of our Services (e.g., processing of
non-sensitive Personal Data related to your use or interaction with
a wearable or other connected device that integrates with the
Services.
when you access third party products and services.
when we
collect, use, or otherwise leverage cookies, device IDs, general
location data, data from the environment, and other tracking
technologies.
when you connect with us through social media.
when we
collect data from third parties or publicly-available sources.
when
we aggregate and centralize data.
and when we share Personal Data
with our service providers and vendors).
For internal purposes
related to certain research, analytics, innovation, testing,
monitoring, customer communication, risk management, and
administrative purposes.</p>
</li>
<li>
<p>
<strong>Enforcing Terms and Notice</strong>.
To enforce our Terms or this Privacy
Policy, or agreements with third parties.</p>
</li>
<li>
<p>
<strong>Merger or Acquisition</strong>.
(location-specific
disclosures may apply).
To support
a contemplated reorganization or an actual reorganization of our
business, in connection with financing, a sale, or other transaction
involving the disposal of all or part of our business or assets,
including for the purpose of permitting the due diligence required
to decide whether to proceed with a transaction.</p>
</li>
</ul>
Consent as a Basis for Processing
<p>In some cases, we will ask for your consent to process your Personal
Data.
You may indicate your consent in a number of ways, including, as
permitted by law, ticking a box (or equivalent action) to indicate your
consent when (i) providing us with your Personal Data through our
Services or a form (including enrolling in Promotions).
or (ii)
registering or creating an account with us.
Due to different countries’
laws governing consent for the collection and use of Personal Data, the
requirements for consent will differ across regions.
We may request your
consent for a number of activities including:</p>
1.
MyFitnessPal Marketing and Communication
<p>We may ask for your consent to contact you by email or push
notifications about other offers, products, Promotions, or services that
we think may be of interest to you and for other marketing purposes.</p>
2.
Sharing with Third Party Services
<p>We may also ask for your consent to share your Personal Data with
certain Third Party business partners in order to offer certain goods,
services, or programs.
To withdraw consent, please go to the preferences
of the specific third party service or app.</p>
3.
Third Party Marketing
<p>We may ask for your consent to provide Personal Data to allow third
parties to contact you regarding their products, services, Promotions,
or offers.
Typically this is in conjunction with a sweepstakes or
challenge (your consent for third party marketing is generally not a
pre-requisite to participation.
To withdraw consent, please go to the
preferences of the specific third party.</p>
4.
Collecting Mobile Device IDs, Advertising IDs, and Data from Sensors
<p>When you use our Mobile Apps we may ask for your consent to collect
these (this consent may be captured at the operating system level).
To
change your consent status for this data, please go to the preferences
of the Mobile App.
If you choose not to provide this information,
certain Services features may be unavailable or not function properly.</p>
5.
Processing Sensitive Personal Data
<p>We may request your consent to process sensitive Personal Data.
The
Website or Mobile App may require this data to provide the Services,
including when you use or interact with a wearable or other connected
device that integrates with the Services.
If you choose not to provide
sensitive Personal Data (for example, specific kinds of Fitness and
Wellness Data), certain features or Services may be unavailable or not
function properly.</p>
6.
Research
<p>We may request your consent to use your Personal Data for Research
purposes.
We may also request your consent to contact you to determine
your interest to participate in certain Research initiatives and to
share identifying results.
For market research, we may ask questions on
behalf of business partners and share your response with business
partners.</p>
7.
Advertising
<p>We use cookies, pixels (including email pixels), mobile device and
advertising IDs, general location data, Fitness and Wellness Data, app
or service usage data and data from third-party wearables, connected
devices or sensors that integrate with our Services for purposes of
interest-based and cross-app, cross-device advertising.
The consent for
which may be managed at the operating system level.</p>
8.
Transfer of Data
<p>We transfer data to the United States and to other countries/regions for
processing.
We may request your consent for this transfer or the
transfer, in other cases, may be justified by a legal basis other than
consent.</p>
9.
Automated Processing
<p>We may use some automated processing to provide our Services and to make
recommendations in the context of specific services.
This processing is
strictly necessary for providing certain Services (and, in some cases,
is the service itself) and is not covered by consent.
Other automated
processing is not significant either due to the nature of the data or
the decisions being made or recommended, and so consent is not required.
However, for automated processing that is significant and related to
sensitive Personal Data, prior to sharing or using such data, we will
first seek your consent.
For the subset of automated processing included
in ad profiling for ad targeting, you can change your consent status
(for website services) by turning advertising cookies off as outlined in
in our cookie and device id use section.
For
mobile apps, you can change your consent status by activating your Limit
Ad Tracking or equivalent setting as described in our cookie and device
id use section.</p>
10.
To Enable Social Sharing and Connect with Us on Social Media
<p>Our Services consist of social sharing and communication with others.
If
you sign up for these Services, we may ask for your consent to use your
information to enable sharing as described in the Service.
We may also
ask for your consent when you connect with us through Social Media.</p>
11.
Promotions
<p>We may ask you for permission to use your Personal Data and Fitness and
Wellness Data for special offers, events, sweepstakes, and other
Promotions.
We may use the Personal Data we collect during Promotions,
to administer the Promotion, verify identity and age, and to communicate
with you about the Promotion.</p>
Social Sharing Settings
<p>Within our Services there are four sharing settings: Private, Public,
Friends Only, and Locked with a Key.
MyFitnessPal is designed to help
you along your fitness and wellness journey.
As such, you are able to
control what Personal Data you share and with whom you share it.
We
encourage you to adjust the sharing settings to best meet your
objectives and sharing comfort level.
In the interest of safeguarding
your Personal Data, we have outlined some initial default sharing
settings.</p>
Default Sharing Settings
<ul>
<li>
<p>
<strong>“Physical Stats,”</strong>
<strong>“Diary”</strong> and <strong>“Community Social Data”</strong>
are set as <strong>Private.</strong> “Private” means not shared with friends or
other members.
You can change this default status for some of your
physical stats.
Information that is “Private” by default includes,
for example, your height, weight and BMI.</p>
</li>
<li>
<p>
<strong>“Activity”</strong> is set as .
<strong>Friends Only.</strong> “Friends Only” means
visible to your friends in their news feed, but not shared with
other members.
You can change this default status if you want.
Information that is set as “Friends Only” by default includes, for
example, your friendships, news feed comments, completed food
diaries, and workouts completed.</p>
</li>
<li>
<p>
<strong>“Forum Posts”</strong> are <strong>Public.</strong> “Public” means visible to all
others using the service.</p>
</li>
<li>
<p>
<strong>Lookup Information</strong> <strong>(“Let my friends find me”</strong>
and <strong>“Profile”</strong>) are set as Public. <strong>“Let my friends find me”</strong>
allows people to see that you are on MyFitnessPal and easily add you
as a friend (i.e., your account is discoverable by email address).
We believe that social motivation helps you achieve your goals
faster and allowing your friends to be able to find you is crucial
to this experience. <strong>“Profile”</strong> information and picture is visible
only to MyFitnessPal members who are logged in (age is Private on a
member’s profile by default).
If you set your entire account as
Private, your lookup information will no longer be available for
your friends to find you (unless you otherwise indicate that desire
within the Services).</p>
</li>
</ul>
Changing Your Sharing Preferences
<p>Details on how to update your sharing preferences and the default
settings for our Services are outlined within the sharing
standard.</p>
<p>
<strong>Note:</strong> When you share information from our Services externally with a
SNS, the information you post is governed by their privacy policy and
settings.</p>
Interest-Based Advertising
<p>Interest-based advertising is advertising that is targeted to you based
on your web browsing and app usage over time and across websites or
apps.
Our advertising practices also include the creation and use of
“audience segments.” You have the option to restrict the use of
information for interest-based advertising and to opt-out of receiving
interest-based ads.
Depending on where you access our website from, you
may also be asked to consent to our use of cookies, including
advertising cookies.
Additional information on Audience Segments and our
choices for interest- based advertising is found below.</p>
<ul>
<li>
<p>
<strong>Audience Segments.</strong> We disclose various types of information for
purposes of interest-based advertising, including for third party,
interest-based advertising.
This processing includes the use of
Personal Data to create audience segments.
These audience segments
are then made available for interest-based advertising, including
for third party advertising, on MyFitnessPal online properties.
The
audience segments are based on website visits, app usage data,
Fitness and Wellness Data, online and offline purchasing behaviors,
interaction with our ads or marketing emails, similar types of
information, and in some cases, data from third parties.</p>
<p>
<strong>United States Note</strong>: The audience segments are made available for
interest-based advertising for third party advertising on the
MyFitnessPal Services.</p>
</li>
<li>
<p>
<strong>Interest-Based Advertising Opt Outs, Choices, and Control.</strong> For
all of the interest-based advertising described above, including
segments, you have the choice to not have your data used to target
and serve you interest-based advertising-including third party
advertising-regardless of where such ads might be served.
These
opt-outs require that strictly necessary cookies are not blocked by
the settings in your web browser.
We support the Self-Regulatory
Principles for Online Behavioral Advertising of the digital
advertising alliance in the US, the
canadian digital advertising alliance
in Canada, and the european digital advertising
alliance in the EU.
If you
live in the United States, Canada, or the European Union, you can
visit ad choices (US), your ad
choices (Canada), or your online
choices (EU) to find a
convenient place to opt-out of interest-based advertising with
participating entities for each region.
These websites also provide
detailed information about how interest-based advertising works.
Opting out does not mean that you will no longer receive advertising
from us, or when you use the Internet.
It just means that the data
collected from our website will not be used for interest-based
advertising and that the advertising you see displayed on websites
will not be customized to your interests.
<em>Mobile App</em>.
You may opt out of interest-based advertising on
mobile devices by activating the “Limit Ad Tracking” or equivalent
feature offered by your mobile platform.
It will transmit a signal
to us and to third-parties that indicates your data should not be
used for interest-based advertising.</p>
</li>
</ul>
<p>Our cookie and device id use section
provides additional options for controlling the use of particular kinds
of cookies, including advertising cookies.
You may use our “advertising
cookies” toggle in these settings to prohibit the collection and use of
Personal Data in cookies for interest-based advertising.</p>
Managing Preferences and Withdrawing Consent
<p>You may at any time withdraw your consent with future effect and without
affecting the lawfulness of processing of your Personal Data based on
the consent you provided before you withdrew it, and exercise other
controls regarding website and online data collection, interest-based
advertising, your communication settings, and app preferences.
Collection and use of Personal Data may be required for the Services to
work.</p>
<p>We provide you several ways to manage your preferences:</p>
Cookie Use and Controls
<p>Cookies serve a wide variety of purposes.
Cookies are pieces of data
stored in your web browser that are transmitted to websites to remember
your browser over time and distinguish it from other users.
Cookies are
used to personalize your web experience and for security, analytics,
marketing, and interest-based advertising.
Our cookies are placed and
read by our web servers, while other cookies are placed and read by
other companies’ web servers.
Information on specific cookies is found
on our website via the adchoices
link.
You can block and control cookies using the information noted in this
section.
If you block all cookies, certain functionality on our Website
will not work.</p>
<p>One way to think about cookies is based on their function.
The following
settings will control our use of browser cookies, the use of IP address
for tracking, and the collection and use of data for cookie-based,
interest-based advertising.</p>
<p>[ IN ] <strong>Required Cookies.</strong> These strictly necessary cookies are used
for core functionality, and recognize when you are signed in, are
necessary for security, and enforce your privacy preferences.
Without
these cookies, some functionality on our Website may fail.
You can block
these cookies in your browser preferences.</p>
<p>[ IN / OUT ] <strong>Functional Cookies.</strong> These cookies help to improve the
Website by allowing us to understand how the Website is used and how the
Website performs.
These cookies include analytics and measurement.</p>
<p>[ IN / OUT ] <strong>Advertising Cookies.</strong> These cookies help us and other
parties personalize ads that are shown to you on the Services, as well
as on other websites.
If enabled, these cookies will allow third parties
engaged in interest-based advertising on our Website to recognize your
browser software on other websites too.</p>
IP Address Use
<p>An IP address refers to an identifier assigned by a network to a
computer, mobile device, Internet of Things (IoT) device, or routing
device.
IP addresses, for purposes of this Privacy Policy, include
“public” IP addresses, such as the IP address for a home router that is
visible to the Internet, as well as “local” IP addresses, which are IP
addresses assigned to computers and mobile devices “behind” a router
(such as a home router).
Our advertising and analytics partners may use
IP addresses to group or correlate devices for purposes of analytics,
security and anti-fraud purposes, interest-based advertising, ad
targeting, ad attribution, and limiting ad frequency.</p>
<p>You can choose not to have IP address used for purposes of advertising
or analytics by using the cookie controls for “Advertising Cookies,” and
“Performance/Analytics,” above.</p>
Web Pixels or Beacons Use
<p>Pixels are extremely small image files that, when loaded by your web
browser, cause the browser to make a network request to the party
corresponding to the pixel.
If that party’s cookies are currently stored
in your browser, those cookies will be transmitted with the request.
Beacons can be used on web pages for advertising or to confirm the
opening of a marketing email.
When used in conjunction with cookies for
interest-based-advertising, the cookie controls above can be used to
control the purpose for which they are used.</p>
HTML5 Local Storage
<p>HTML5 Local Storage in the browser is different from cookies, but can be
used for the same purpose (to pair a tracking ID to a particular web
server with your web browser so that the web server can identify your
web browser over time).
You can control the purpose for which HTML5
Local Storage is used by using the cookie controls outlined above.</p>
Social Network Interaction and Widgets
<p>Social network widgets, buttons, and plug-ins on our Website passively
transmit data regarding a social network’s members to that social
network, even when a button is not clicked.
These technologies may allow
a social network (e.g., Facebook) to personally identify its members and
to know the web pages its members have visited.
This is true wherever
social network buttons are embedded, regardless of whether a button is
“clicked” or “pressed.” If you belong to a social network or use these
categories of web services, you should review the privacy policies of
those services to understand the nature of the data that they collect
and what, if any, options the service offers to control how data is
collected and used.
If you disable advertising cookies, the passive
tracking associated with these buttons will be blocked on our sites.</p>
Mobile Device Advertising IDs, Location, Sensor Data, and In-Range Device Data Use
<p>Our Services may transmit Device IDs, general location data, and data
from sensors to us and our partners, including our advertising partners.</p>
<ul>
<li>
<p>
<em>Device IDs</em> include IDs associated with your mobile device carrier
such as IMEI, MEID, IMSI.
platform-specific IDs such as Android ID,
Google AID, and Apple’s IDFA.
and IDs that are part of your device
hardware, such as WiFi MAC address, and serial number.
Exactly which
Device IDs are transmitted can depend on your mobile device platform
and the version of your operating system.</p>
</li>
<li>
<p>
<em>General Location Data</em>.
Our Services may transmit general location
data.
General location data may be obtained from GPS services, cell
tower triangulation, or known location of nearby WiFi access points.</p>
</li>
<li>
<p>
<em>Sensor and In-Range Device Data</em>.
Our apps and Services may also
collect Device IDs and network addresses (including IP addresses,
MAC addresses, and SSIDs) from other, in-range or networked devices
and WiFi Access Points.</p>
</li>
<li>
<p>
<em>How We Use Mobile Device Data</em>.
We may use Device IDs, coarse
location and general location data, and data from sensors, including
the local network, (together with app usage data and Fitness and
Wellness Data) for strictly necessary purposes.
improving our apps
and analytics.
personalization and preferences.
and cross-app,
cross-device, interest-based advertising.</p>
</li>
</ul>
Withdraw Your Consent for Use of Your Mobile Device IDs for Analytics and Advertising
<p>Activating the “Limit Ad Tracking,” “Opt out of Ads Personalization,” or
equivalent setting from your mobile device will transmit a signal to us
and any third parties that we use.
When that signal is received by
MyFitnessPal or third parties, it communicates your choice to not have
Device IDs used for purposes of advertising or analytics.
We honor the
signal and require that our third party advertising and analytics
partners do the same.</p>
<p>To the extent our App personalizes functionality for you, you can change
these settings within the App, or reset to defaults by deleting and
reinstalling the App.</p>
Change Consent Settings for Communication Preferences
<p>
<strong>Consent for Email Communication:</strong> After signing up for email
communications, you can choose to unsubscribe using the unsubscribe link
in any commercial email we send.
Please note that if you unsubscribe
from “all emails” this means “all emails other than strictly necessary
emails.” You will still receive email communications from us if they are
strictly necessary to provide the Services or to confirm or validate a
transaction, recover accounts, etc.</p>
<p>
<strong>Mobile Push Notifications:</strong> You can manage the type of push
notifications you receive from MyFitnessPal by modifying the settings
within the App.
For more information on how to update your push
notification settings for our Services please visit
here.
You may also set your mobile device settings to not allow push
notifications from us.</p>
Transfers of Your Personal Data to Other Countries
<p>The Personal Data MyFitnessPal processes, and all associated Services
and systems, including registration, is housed on servers in the United
States.
If you are located outside of the United States, please be aware
that Personal Data we collect will be processed and stored in the United
States (the data protection and privacy laws in the United States may
offer a lower level of protections than in your country/region).</p>
<p>By using our Services and submitting your Personal Data, you agree to
the transfer, storage, and/or processing of your Personal Data in the
United States.
Where and as required, we will seek your explicit consent
as outlined in this Privacy Policy.</p>
Data Retention
<p>We will retain your Personal Data for as long as you maintain an account
or as otherwise necessary to provide you the Services.
We will also
retain your Personal Data as necessary to comply with our legal
obligations, resolve disputes, and enforce our agreements.</p>
<p>Where we no longer need to process your Personal Data for the purposes
set out in this Privacy Policy, we will delete your Personal Data from
our systems.</p>
<p>Where permissible, we will also delete your Personal Data upon your
direction to delete your account.
Information on how to make a deletion
request can be
found here
or by contacting our support
team.</p>
<p>If you have further questions about our data retention practices or
would like to make a deletion request, please contact us through
our support team.</p>
Security
<p>We implement technical and organizational safeguards to protect against
unauthorized or unlawful processing of Personal Data and against
accidental or unlawful destruction, loss, alteration, unauthorized
disclosure of, or access to Personal Data.
Please be advised, however,
that we cannot fully eliminate security risks associated with the
storage and transmission of Personal Data.</p>
<p>
<strong>Links to Other Websites.</strong> Please note that this Privacy Policy does
not apply to the practices of companies that we do not own or control or
to people that we do not employ or manage.
Our Services may provide a
link or otherwise provide access to Third Party Sites.
We provide these
links merely for your convenience.
We have no control over, do not
review, and are not responsible for Third Party Sites, their content, or
any goods or services available through the Third Party Sites.
Our
Privacy Policy does not apply to Third Party Sites, and any data you
provide to Third Party Sites, you provide at your own risk.
We encourage
you to review the privacy policies of any Third Party Sites with that
you interact with.</p>
Children
<p>We do not knowingly collect Personal Data online from individuals under 18.
If you become aware that a child has provided us with Personal Data
without parental consent, please contact us through our support
team.
If we become aware that an
individual under 18 has provided us with Personal Data without parental
consent, we will take steps to remove the data and cancel that
individual’s account.</p>
<p>
<strong>How to Contact Us</strong>
</p>
<p>If you have any questions, comments, or concerns about how we handle
your Personal Data, then you may contact us through our support
team or write to us at:</p>
<p>MyFitnessPal, Inc.<br>ATTN: Privacy/Legal<br>135 Townsend Street<br>San Francisco, CA 94107</p>
<p>You can also go to our location-specific
disclosures to find a contact for the
Data Protection Officer in your region, if applicable.</p>
Location-Specific Disclosures
Residents of Argentina
<p>You have the right to access your Personal Data, at intervals no shorter
than six months entirely free of charge (unless there is proof of a
legitimate interest in access in shorter periods, as established in
Section 14, Sub-section 3 of Act No.
25,326).</p>
<p>We encourage you to contact us directly and allow us to work with you to
address your concerns.
Nevertheless, you have the right to lodge a
complaint to the Agency of Access to Public Information, in its function
of controlling agency responsible for enforcing Act No.
25,326.</p>
Residents of Australia
<p>MyFitnessPal takes steps to keep your Personal Data accurate and up to
date.
If you reside in Australia, you may request access to or
correction of the Personal Data that we have collected about you.
To
access your Personal Data, please contact us through our support
team or at the address listed
above.
We may charge for this service and will respond to reasonable
requests as soon as practicable, and in any event, within the time
limits prescribed by law.</p>
<p>If you have any complaints regarding how we handle your Personal Data,
please contact our support
team or write to us at the
address above with a detailed description of the complaint.
UA responds
to complaints as soon as practicable, and in any event, within the time
limits prescribed by law.</p>
Residents of Brazil
<p>
<em>Legal Basis for Processing</em>
</p>
<p>We may rely on consent and/or another valid legal bases to process your
Personal Data.
Such legal bases may include: the legitimate interest of
the controller or third parties.
for compliance with a legal or
regulatory obligation by the data controller.
for the execution of a
contract.
for regular exercise of rights in court, administrative or
arbitration proceedings.</p>
<p>
<em>How to Exercise Your Rights</em>
</p>
<p>MyFitnessPal takes steps to keep your Personal Data accurate and up to
date.
If you reside in Brazil, according to the LGPD, you have certain
rights to the Personal Data that we have collected about you.
To
exercise your rights to your Personal Data, at any time, please contact
us through our support team
or at the address listed above.
Your request will be fulfilled at no
cost, and we will respond to reasonable requests as soon as practicable,
and in any event, within the time limits prescribed by law.</p>
<p>You have the following rights:</p>
<ul>
<li>
<p>
<strong>Right to confirmation of the existence of the Processing of
Personal Data:</strong> You have the right to ask us for confirmation on
whether we are processing your Personal Data.</p>
</li>
<li>
<p>
<strong>Right of access to your Personal Data:</strong> You have the right to
request access to the Personal Data and related information on that
processing (e.g., the purposes of the processing, or the categories
of Personal Data involved) subject to commercial and industrial
secrecy.</p>
</li>
<li>
<p>
<strong>Right to correction of incomplete, inaccurate or out-of-date
data:</strong> You have the right to have your Personal Data corrected, as
permitted by law.</p>
</li>
<li>
<p>
<strong>Right to anonymization, blocking or deletion of unnecessary or
excessive data or data processed unlawfully.</strong> Anonymization refers
to the use of reasonable and available technical means at the time
of the processing, whereby the data loses the possibility of direct
or indirect association with you.</p>
</li>
<li>
<p>
<strong>Right to data portability:</strong> You have the right to receive the
Personal Data that you have provided to us, in a structured,
commonly used and machine-readable format, and you have the right to
transmit that information to another controller, including to have
it transmitted directly, where technically feasible, except for the
data that has already been anonymized by us.</p>
</li>
<li>
<p>
<strong>Right to erasure:</strong> You have the right to ask us to delete your
Personal Data, as permitted by law.
This right may be exercised when
you withdraw your consent on which processing is based.
Note that we
may retain a limited amount of data for a period of time -
including, in situations that the storage of the information is
authorized by law and or required by law.</p>
</li>
<li>
<p>
<strong>Right to information about public and private entities with which
MyFitnessPal has shared data</strong> through communication, dissemination,
international transfer, interconnection of personal data or shared
processing of banks of personal data by them.</p>
</li>
<li>
<p>
<strong>Right to information</strong> about the possibility of denying consent
and the consequences of such denial;</p>
</li>
<li>
<p>
<strong>Right to withdraw consent:</strong> You have the right to withdraw your
consent to our processing of your Personal Data, as permitted by
law, and where the basis for processing was based on your consent.</p>
</li>
<li>
<p>
<strong>Right to object:</strong> When the legal basis for processing your data
is anything other than consent, you can object to the processing
when it is not in compliance with the law.</p>
</li>
<li>
<p>
<strong>Right to review automated processing decisions:</strong> You have the
right to review decisions taken solely on the bases of automated
processing of personal data that affects your interests.
This
includes decisions intended to define your personal, professional,
consumer or credit profile.</p>
</li>
</ul>
<p>
<em>Changes to this Privacy Policy.</em>
</p>
<p>In order to enhance our Services it might be necessary to change this
Privacy Policy from time to time.
We therefore reserve the right to
modify this Privacy Policy in accordance with the applicable data
protection laws.
Please visit our Website from time to time for
information on updates to this Privacy Policy.</p>
<p>
<em>How to Contact Us.</em>
</p>
<p>If you have any questions, comments, concerns or need to exercise your
rights, you may contact us through our support
team.</p>
Residents of China Mainland
<p>
<em>How To Contact Us</em>
</p>
<p>If you have any questions, comments, or concerns about how we handle
your Personal Data, please contact our support
team, or write or call us at:</p>
<p>MyFitnessPal, Inc.<br>ATTN: Privacy/Legal<br>135 Townsend Street<br>San Francisco, CA 94107</p>
<p>
<em>Data Transfer</em>
</p>
<p>Principally, Personal Data collected in China Mainland will be stored
within China Mainland.
However, we provide Services through resources
and servers located globally (including the United States), which means
your Personal Data may be transferred to or accessed within another
country/region outside of China Mainland.
The data protection and
privacy laws and principles in those countries/regions may not offer the
same level of protection as those in China Mainland.
Under those
circumstances, MyFitnessPal will continue to protect your Personal Data
in a manner consistent with what is expected under laws of China
Mainland (e.g., we will obtain your consent to transfer your Personal
Data, or de-identify the Personal Data before transfer).</p>
<p>
<em>Withholding Information</em>
</p>
<p>You may choose not to provide MyFitnessPal with your Personal Data.
However, if you choose not to provide your Personal Data, you may not be
able to enjoy the full range of Services.</p>
Residents of Colombia
<p>
<em>How to Exercise Your Rights</em>
</p>
<p>MyFitnessPal takes steps to keep your Personal Data accurate and up to
date.
You have certain rights to the Personal Data that we have
collected about you.
To exercise your rights to your Personal Data,
please contact us through our support
team or at the address listed
below.
We will respond to reasonable requests as soon as practicable,
and in any event, within the time limits prescribed by law.</p>
<ul>
<li>
<p>
<strong>Right to access your Personal Data:</strong> You have the right to
access, free of charge, your Personal Data being processed by us.</p>
</li>
<li>
<p>
<strong>Right to know, update, and rectify your Personal Data:</strong> You have
the right to correct your Personal Data, as permitted by law.</p>
</li>
<li>
<p>
<strong>Right to request proof of your consent:</strong> You have the right to
request proof of the consent granted to us for the processing of
your Personal Data, where consent was required to process the
information.</p>
</li>
<li>
<p>
<strong>Right to withdraw your consent or to request the suppression of
your Personal Data:</strong> You have the right to withdraw your consent or
request that we suppress your Personal Data, as permitted by law.</p>
</li>
<li>
<p>
<strong>Right to file complaints:</strong> You have the right to file complaints
before the Superintendence of Industry and Trade for any kind of
infringement to privacy laws.</p>
</li>
</ul>
<p>
<em>Additional Use of Personal Data</em>
</p>
<p>Additional use of your Personal Data that is not described in this
Privacy Policy will only take place as required by statute or when we
have obtained your prior, explicit and informed consent.</p>
<p>
<em>How to Contact Us or Our Privacy Office</em>
</p>
<p>If you have any questions, comments, or concerns about how we handle
your Personal Data, then you may contact us through our support
team or write to us at:</p>
<p>MyFitnessPal, Inc.<br>ATTN: Privacy/Legal<br>135 Townsend Street<br>San Francisco, CA 94107</p>
Residents of the European Economic Area and the United Kingdom
<p>
<em>If You Elect Not to Provide Personal Data</em>
</p>
<p>You may choose not to provide MyFitnessPal with your Personal Data.
However, if you choose not to provide your Personal Data, you may not be
able to enjoy the full range of Services.</p>
<p>
<em>How to Exercise Your Rights</em>
</p>
<p>MyFitnessPal takes steps to keep your Personal Data accurate and up to
date.
If you reside in the European Economic Area, you have certain
rights to the Personal Data that we have collected about you.
To
exercise your rights to your Personal Data, please contact us through
our support team or at
MyFitnessPal, Inc.
135 Townsend Street Attention: Privacy/Legal San
Francisco, CA 94107.
Subject to applicable law and in exceptional
circumstances only, we may charge for this service and we will respond
to reasonable requests as soon as practicable, and in any event, within
the time limits prescribed by law.</p>
<p>You have the following rights:</p>
<ul>
<li>
<p>
<strong>Right of access to your Personal Data (Art.
15 GDPR)</strong>: You have
the right to ask us for confirmation on whether we are processing
your Personal Data, and access to the Personal Data and related
information on that processing (e.g., the purposes of the
processing, or the categories of Personal Data involved).</p>
</li>
<li>
<p>
<strong>Right to correction (Art.
16 GDPR)</strong>: You have the right to have
your Personal Data corrected if it is inaccurate and to have
incomplete Personal Data about you completed, as permitted by law.</p>
</li>
<li>
<p>
<strong>Right to erasure (Art.
17 GDPR)</strong>: You have the right to ask us to
delete your Personal Data, as permitted by law.
This right may be
exercised among other things: (i) when your Personal Data is no
longer necessary for the purposes for which it was collected or
otherwise processed.
(ii) when you withdraw consent on which
processing is based according to Art.
6 (1) (a) or Art.
9 (2) (a)
GDPR and where there is no other legal ground for processing.
(iii)
when you object to processing pursuant to Art.
21 (1) GDPR and there
are no overriding legitimate grounds for the processing, or when you
object to the processing pursuant to Art.
21 (2) GDPR.
or (iv) when
your Personal Data has been unlawfully processed.</p>
</li>
<li>
<p>
<strong>Right to restriction of processing (Art.
18 GDPR)</strong>: You have the
right to request the limiting of our processing under limited
circumstances, including: (i) when the accuracy of your Personal
Data is contested.
(ii) when the processing is unlawful and you
oppose the erasure of your Personal Data and request the restriction
of the use of your Personal Data instead.
or (iii) when you have
objected to processing pursuant to Art.
21 (1) GDPR pending the
verification whether the legitimate grounds of MyFitnessPal override
your grounds.</p>
</li>
<li>
<p>
<strong>Right to data portability (Art.
20 GDPR)</strong>: You have the right to
receive the Personal Data that you have provided to us, in a
structured, commonly used and machine-readable format, and you have
the right to transmit that information to another controller,
including to have it transmitted directly, where technically
feasible and as permitted by law.</p>
</li>
<li>
<p>
<strong>Right to object (art.21 GDPR)</strong>: You have the right to object to
our processing of your Personal Data, as permitted by law.
This
right is limited to processing based on Art.
6 (1) (e) or (f) GDPR,
and includes profiling based on those provisions.
After which, we
will no longer process your Personal Data unless we can demonstrate
compelling legitimate grounds for the processing that override your
interests, rights and freedoms or for the establishment, exercise or
defense of legal claims.
Furthermore, you have the right to object
at any time to processing of Personal Data for direct marketing
purposes.</p>
</li>
</ul>
<p>
<em>How we may disclose your Personal Data</em>
</p>
<p>The GDPR and national laws of European Union member states implementing
the GDPR permit the sharing of Personal Data relating to users who are
residents of the European Economic Area with third parties only under
certain circumstances.
If you reside in the European Economic Area, we
will only share your Personal Data as described in our Privacy Policy
under the heading “How We Disclose Personal Data” if we are permitted to
do so under applicable European and national data protection laws and
regulations.</p>
<p>
<em>Health Data</em>
</p>
<p>Some Fitness and Wellness Data that we collect may be considered
personal health data under the GDPR as interpreted by the European data
protection supervisory authorities if recorded over a longer period of
time.
We process this type of data to provide you with additional
information that you can incorporate into your evaluation of your
progress toward your fitness and wellness objectives.
it should not,
however, be considered professional medical advice and is not intended
to be used for diagnostic purposes.</p>
<p>
<em>Transfers of Your Personal Data to Other Countries</em>
</p>
<p>The Personal Data MyFitnessPal processes, and all associated Services
and systems, including registration, are housed on servers in the United
States.
If you are located outside of the United States, please be aware
that Personal Data we collect will be processed and stored in the United
States (the data protection and privacy laws in the United States may
offer a lower level of protections than in your country/region).</p>
<p>In order to use our Services, we may require you to agree to the
transfer, storage, and/or processing of your Personal Data in the United
States.
In other situations where Personal Data is transferred outside
of the European Economic Area (the EEA) or the United Kingdom,
MyFitnessPal leverages other mechanisms for international data transfer
including the European Commission-approved standard contractual clauses
and consent.
You have the right to request a copy of the applicable
measure or further information by contacting us through our support
team or at MyFitnessPal, Inc.
135 Townsend Street Attention: Privacy/Legal San Francisco, CA 94107.</p>
<p>
<em>Marketing Communications</em>
</p>
<p>Where we are legally required to do so, we ask you for your prior
consent before providing you with promotional materials or information.
You may revoke your consent at any time (this will not affect the
processing of your Personal Data undertaken until the revocation).
If
you want to stop receiving promotional materials, etc., you can do so at
any time as outlined in the change consent settings for communication
preferences
section.</p>
<p>
<em>Legal Basis for Processing Under the GDPR</em>
</p>
<p>In this section we provide information on the legal basis for our
processing of your Personal Data as required by Art.
13 and 14 of the
GDPR:</p>
<ul>
<li>
<p>When you register for an account or interact with our Services, such
processing is necessary for the performance of our Services, Art.
6 (1) (b) GDPR.</p>
</li>
<li>
<p>When you input Fitness and Wellness Data within our Services: For
sensitive data (including health data and biometric data) as defined
in the GDPR, we process such data on the basis of your prior
consent, Art.
9(2)(a) GDPR.</p>
</li>
<li>
<p>When you use or interact with a wearable or other connected device.</p>
<ul>
<li>
<p>
<strong>For sensitive data</strong> (including health data and biometric
data) as defined in the GDPR, we process such data on the basis
of your prior consent, Art.
9(2)(a) GDPR.</p>
</li>
<li>
<p>
<strong>For non-sensitive Personal Data which we need in order to
perform the Services</strong>, such processing is necessary for the
performance of our Services, Art.
6 (1) (b) GDPR.</p>
</li>
<li>
<p>
<strong>With regard to other non-sensitive Personal Data</strong>, we process
such data on the basis of our legitimate interest, Art.
6 (1)
(f) GDPR, and our legitimate interest is to enhance our
Services.</p>
<ul>
<li>
<p>
<strong>For sensitive data</strong> (including health data and biometric
data) as defined in the GDPR, we process such data on the
basis of your prior consent, Art.
9(2)(a) GDPR.</p>
</li>
<li>
<p>
<strong>For non-sensitive Personal Data which we need in order to
perform the Services,</strong> such processing is necessary for the
performance of our Services, Art.
6 (1) (b) GDPR.</p>
</li>
<li>
<p>
<strong>With regard to other non-sensitive Personal Data,</strong> we
process such data on the basis of our legitimate interest,
Art.
6 (1) (f) GDPR, and our legitimate interest is to
enhance our Services.</p>
</li>
</ul>
</li>
</ul>
</li>
<li>
<p>When you communicate with us or sign up for promotional materials,
we process your Personal Data on the basis of our legitimate
interest, Art.
6 (1) (f) GDPR, and our legitimate interest is to
provide you with our promotional messages.
Where we are required
under applicable local law to obtain your consent for sending you
marketing information, the legal basis is your consent, Art.
6(1)(a)
GDPR.</p>
</li>
<li>
<p>When you participate in special activities, offers, or programs.</p>
<ul>
<li>
<p>
<strong>For sensitive data</strong> (health data) (including health data or
biometric data) as defined in the GDPR, we process such data on
the basis of your prior consent, Art.
9(2)(a) GDPR.</p>
</li>
<li>
<p>
<strong>For non-sensitive Personal Data,</strong> we process such data on the
basis of our legitimate interest, Art.
6 (1) (f) GDPR, and our
legitimate interest is to provide you with our promotional
messages or to allow you to participate in our special
activities, offers or programs or obtain prior consent, Art.
6 (1) (a) GDPR, if required by applicable law.</p>
<ul>
<li>
<p>When you engage with our online communities or advertising
and we actively collect your Personal Data in this context,
we process such data on the basis of our legitimate
interest, Art.
6 (1) (f) GDPR, and our legitimate interest
is to provide you with our promotional messages.</p>
</li>
<li>
<p>When you access third party products and services and we
obtain Personal Data about you from such third party
sources:</p>
<ul>
<li>
<p>
<strong>For Personal Data that we need in order to perform the
Services</strong> (e.g., if you pay for third party products
through our Services), such processing is necessary for
the performance of our Services, Art.
6 (1) (b) GDPR.</p>
</li>
<li>
<p>
<strong>With regard to other Personal Data,</strong> we process such
data on the basis of our legitimate interest, Art.
6 (1)
(f) GDPR, and our legitimate interest is to enhance your
experience and to improve our Services.</p>
</li>
</ul>
</li>
<li>
<p>When you connect with us through social media:</p>
<ul>
<li>
<p>
<strong>Where we collect your consent in such case,</strong> for
instance for marketing purposes, we process your
Personal Data on the basis of your prior consent, Art.
6 (1) (a) GDPR.</p>
</li>
<li>
<p>
<strong>Where we do not collect your consent</strong> in such case,
we process your Personal Data on the basis of our
legitimate interest, Art.
6 (1) (f) GDPR, and our
legitimate interest is providing you with better
Services and to enable you to use the full range of our
Services (Art.
6 (1) (f) GDPR).</p>
</li>
</ul>
</li>
<li>
<p>When we collect data from third parties or
publicly-available sources:</p>
<ul>
<li>
<p>
<strong>For Personal Data which we need in order to perform
the Services</strong> (e.g., for email verification purposes),
such processing is necessary for the performance of our
Services, Art.
6 (1) (b) GDPR.</p>
</li>
<li>
<p>
<strong>With regard to other Personal Data,</strong> we process your
Personal Data on the basis of our legitimate interest,
Art.
6 (1) (f) GDPR, and our legitimate interest is
providing you with better Services and to enable you to
use our Services more efficiently.</p>
</li>
</ul>
</li>
<li>
<p>When we leverage and/or collect cookies, device IDs, data
from the environment, and other tracking technologies, we
process your Personal Data on the basis of your consent,
Art.
6 (1) (a) GDPR, and based on our legitimate interest,
Art.
6 (1) (f) GDPR, to the extent permitted by applicable
law.</p>
</li>
<li>
<p>When we use coarse location and data from sensors, we
process such data for strictly necessary purposes in order
to perform our Services, Art.
6 (1) (b) GDPR).
and for our
legitimate interest in marketing and improving our Services,
Art.
6 (1) (f) GDPR).</p>
</li>
<li>
<p>When we aggregate or centralize data, such processing is
either necessary for the performance of our Services, Art.
6 (1) (b) GDPR, or we process such data on the basis of our
legitimate interest, Art.
6 (1) (f) GDPR, and our legitimate
interest is to provide you with better or customized
Services and marketing.</p>
</li>
<li>
<p>When you sign up for our Services that consist of social
sharing and communication with others (including linking you
to friends across platforms):</p>
<ul>
<li>
<p>
<strong>Where we collect your consent</strong> in such case, we
process your Personal Data on the basis of your prior
consent, Art.
6 (1) (a) GDPR.</p>
</li>
<li>
<p>
<strong>Where we do not collect your consent</strong> in such case,
such processing is necessary for the performance of our
Services, Art.
6 (1) (b) GDPR.</p>
</li>
</ul>
</li>
<li>
<p>When you share content or achievements, or invite friends to
use the Services:</p>
<ul>
<li>
<p>
<strong>Where we collect your consent</strong> in such case, we
process your Personal Data on the basis of your prior
consent, Art.
6 (1) (a) GDPR.</p>
</li>
<li>
<p>
<strong>Where we do not collect your consent</strong> in such case,
such processing is necessary for the performance of our
Services, Art.
6 (1) (b) GDPR.</p>
</li>
</ul>
</li>
<li>
<p>When we provide you geographically relevant Services,
offers, or advertising:</p>
<ul>
<li>
<p>
<strong>Where we collect your consent</strong> in such case, we
process your Personal Data on the basis of your prior
consent, Art.
6 (1) (a) GDPR.</p>
</li>
<li>
<p>
<strong>Where we do not collect your consent</strong> in such case,
for such Personal Data that we need in order to perform
the Services, such processing is necessary for the
performance of our Services, Art.
6 (1) (b) GDPR.</p>
</li>
<li>
<p>
<strong>Where we do not collect your consent in such case and
where we do not need such data in order to perform the
Services,</strong> we process such data for our legitimate
interest in offering you marketing and improving our
Services, Art.
6 (1) (f) GDPR).</p>
</li>
</ul>
</li>
<li>
<p>When you ask us to customize our Services:</p>
<ul>
<li>
<p>
<strong>Where we collect your consent</strong> in such case, we
process your Personal Data on the basis of your prior
consent, Art.
6 (1) (a) GDPR.</p>
</li>
<li>
<p>
<strong>Where we do not collect your consent</strong> in such case,
such processing is necessary for the performance of our
Services, Art.
6 (1) (b) GDPR.</p>
</li>
</ul>
</li>
<li>
<p>When we disclose Personal Data to our affiliates and
partners, and to our service providers and vendors:</p>
<ul>
<li>
<p>
<strong>Where we collect your consent</strong> in such case, we
process your Personal Data on the basis of your prior
consent, Art.
6 (1) (a) GDPR.</p>
</li>
<li>
<p>
<strong>Where we do not collect your consent</strong> in such case,
such processing is necessary for the performance of our
Services, Art.
6 (1) (b) GDPR, or we process such data
on the basis of our legitimate interest, Art.
6 (1) (f)
GDPR, and our legitimate interest is to provide you with
better Services and marketing.</p>
</li>
</ul>
</li>
<li>
<p>When we process or share Personal Data in the event of an
actual or contemplated sale, we process such data for our
legitimate interest in offering, maintaining, providing, and
improving our Services, Art.
6 (1) (f) GDPR).</p>
</li>
<li>
<p>When we conduct analytics, we process your Personal Data on
the basis of our legitimate interest, Art.
6 (1) (f) GDPR,
and our legitimate interest is to enhance your experience
and to develop and improve our Services.</p>
</li>
<li>
<p>When we investigate suspected illegal or wrongful activity,
we process your Personal Data on the basis of our legitimate
interest, Art.
6 (1) (f) GDPR, and our legitimate interest
is to ensure compliance with legal requirements and law
enforcement requests and for public safety purposes.</p>
</li>
</ul>
</li>
</ul>
</li>
</ul>
<p>
<em>Right to Lodge a Complaint Before the Data Protection Authority</em>
</p>
<p>We encourage you to contact us directly and allow us to work with you to
address your concerns.
Nevertheless, you have the right to lodge a
complaint with a competent data protection supervisory authority, in
particular in the EU Member State where you reside, work or the place of
the alleged infringement.
You have the right to do so if you consider
that the processing of Personal Data relating to you infringes
applicable data protection laws.</p>
<p>
<em>Changes to this Privacy Policy</em>
</p>
<p>In order to enhance our Services it might be necessary to change this
Privacy Policy from time to time.
We therefore reserve the right to
modify this Privacy Policy in accordance with the applicable data
protection laws.
Please visit our Website from time to time for
information on updates to this Privacy Policy.</p>
<p>
<em>How to Contact Us or Our Privacy Office</em>
</p>
<p>MyFitnessPal, Inc.
is the data controller responsible for the processing
of your Personal Data in connection with the Services.
In case of
questions about the processing of your Personal Data please contact us
at:</p>
<p>MyFitnessPal, Inc.<br>ATTN: Privacy/Legal<br>135 Townsend Street<br>San Francisco, CA 94107</p>
Residents of Hong Kong, SAR of China
<ul>
<li>
<p>MyFitnessPal takes steps to keep your Personal Data accurate and up
to date.
If you reside in Hong Kong, you may request access to or
correction of the Personal Data that we have collected about you.
To
access your Personal Data, please contact us through our support
team or at the address
listed above.
We may charge for this service and will respond to
reasonable requests as soon as practicable, and in any event, within
the time limits prescribed by law.</p>
</li>
<li>
<p>
<strong>Your Consent for Use or Sharing of Personal Data for Marketing
Purposes.</strong> You may choose not to provide MyFitnessPal with your
Personal Data.
However, if you choose not to provide your Personal
Data, you may not be able to enjoy the full range of Services.
MyFitnessPal may use your Personal Data to communicate with you
about MyFitnessPal Services you have purchased or used and to notify
you of other products, Promotions and services we think may be of
interest to you.
We may also share Personal Data with our Ad
Partners, business partners, vendors and suppliers who are providing
you with products and services for their marketing purposes.
You may
provide your consent through the methods described in the next
section.</p>
</li>
<li>
<p>
<strong>How to Indicate Your Consent and Opt-Out</strong>.
You may indicate your
consent in a number of ways, including: (i) ticking a box to
indicate your consent when providing us with your Personal Data
through our Services or a form (including enrolling in Promotions).
or ticking a box to indicate your consent when registering with us
or creating an account with us.
You may opt-out from receiving
marketing communications at any time, free of charge, through the
methods described
here.</p>
</li>
</ul>
Residents of Indonesia, Malaysia, Philippines, Thailand and Singapore
<p>MyFitnessPal takes steps to keep your Personal Data accurate and up to
date.
If you reside in Indonesia, Malaysia, Philippines, Thailand or
Singapore, you may request access to, and modification, opposition, and
deletion of the Personal Data that we have collected about you.
To
access your Personal Data, please contact us through our support
team.
Subject to applicable
law, we may charge for this service and will respond to reasonable
requests as soon as practicable, and in any event, within the time
limits prescribed by law.</p>
Residents of Japan
<p>
<em>Operator of Japan Websites</em>
</p>
<p>MyFitnessPal operates the Service, and collects, uses and shares your
Personal Data as outlined in this Privacy Policy.</p>
<p>
<em>How MyFitnessPal Uses Personal Data</em>
</p>
<p>MyFitnessPal may use your Personal Data to communicate with you about
the Services you have purchased or used and to notify you of other
products, promotions and Services we think may be of interest to you.</p>
<p>MyFitnessPal will use the Personal Data you provide at registration for
the following purposes:</p>
<ol>
<li>
<p>Communicating with you about the use of the Services.</p>
</li>
<li>
<p>Communicating with you about activities related to the Services.</p>
</li>
<li>
<p>Delivering information (including advertisements) on products,
services.</p>
</li>
<li>
<p>Providing you with updates on new uses of your Personal Data.</p>
</li>
<li>
<p>Providing registration support.</p>
</li>
<li>
<p>Providing e-mail support.</p>
</li>
<li>
<p>Creating statistical and analytic information.</p>
</li>
<li>
<p>Other inevitably necessary communications to you.</p>
</li>
<li>
<p>Leveraging and/or collect cookies, device IDs, Location, data from
the environment, and other tracking technologies.</p>
</li>
<li>
<p>Providing you geographically relevant Services, offers, or
advertising.</p>
</li>
<li>
<p>Complying with Legal Requirements or Obligations, Law Enforcement,
and for Public Safety Purposes.</p>
</li>
</ol>
<p>We may also share Personal Data with our Ad Partners, business partners,
vendors and suppliers.
The sharing of Personal Data to these
organizations may mean your Personal Data is transferred to third
parties located outside of Japan.</p>
<p>You may provide your consent through the methods described in the next
section.</p>
<p>
<strong>Consent for Use and/or Sharing of Personal Data</strong>
</p>
<p>If you reside in Japan, by using the Services you consent to the
collection, use and transfer of your Personal Data with MyFitnessPal as
outlined in this Privacy Policy.
Further, Personal Data collected will
be shared as outlined in this Privacy Policy.</p>
<p>You may choose not to provide MyFitnessPal with your Personal Data.
However, if you choose not to provide your Personal Data, you may not be
able to enjoy the full range of Services.</p>
<p>
<strong>How to indicate your consent and opt-out</strong>
</p>
<p>You may indicate your consent in a number of ways, including: (i)
ticking a box to indicate your consent when providing MyFitnessPal with
your Personal Data through the Services or a form (including enrolling
in Promotions).
(ii) or ticking a box to indicate your consent when
registering or creating an account with MyFitnessPal.
You may opt-out
from receiving marketing communications at any time, free of charge,
through the methods described
here.</p>
<p>
<strong>How to Contact Us</strong>
</p>
<p>If you have any questions, comments, or concerns about how we handle
your Personal Data, then you may contact us through our support
team, write to us or call us
at:</p>
<p>MyFitnessPal, Inc.<br>ATTN: Privacy/Legal<br>135 Townsend Street<br>San Francisco, CA 94107</p>
Residents of Mexico
<p>By using the Services, you consent to the collection, use and transfer
of your Personal Data (including sensitive personal data pursuant to
Mexican law) for processing in the United States as described in this
policy.</p>
<p>
<em>Access Requests</em>
</p>
<p>MyFitnessPal takes steps to keep your Personal Data accurate and up to
date.
If you reside in Mexico, you may request access to, modification,
cancelation or opposition of the Personal Data that we have collected
about you.
To access your Personal Data, please contact us through
our support team or at the
address listed above.
We may charge for this access service pursuant to
applicable law and will respond to reasonable requests as soon as
practicable, and in any event, within the time limits prescribed by law.</p>
Residents of New Zealand
<p>MyFitnessPal takes steps to keep your Personal Data accurate and up to
date.
If you reside in New Zealand, you may request access to or
correction of the Personal Data that we have collected about you.
To
access your Personal Data, please contact us through our support
team or at the address listed
above.
We may charge for this service and will respond to reasonable
requests as soon as practicable, and in any event, within the time
limits prescribed by law.</p>
Residents of South Korea
<p>
<em>MyFitnessPal Personal Data Items Collected</em>
</p>
<p>Mandatory: Email Address, Account Password, Billing Address, Gender,
Date of Birth, postal code, IP address, browser history information, and
cookies.</p>
<p>Optional: .
Email Address, Billing Address, Gender, Date of Birth, postal
code, order history, phone number, IP address, browser history
information, and cookies.
Login and interaction information from social
media and online communities.</p>
<p>
<em>Access Requests</em>
</p>
<p>MyFitnessPal takes steps to keep your Personal Data accurate and up to
date.
If you reside in South Korea, you may request access to, and
modification, opposition and deletion of the Personal Data that we have
collected about you.
To access your Personal Data, please contact us
through our support team or
at the address listed below.
Subject to applicable law, we may charge
for this service and will respond to reasonable requests as soon as
practicable, and in any event, within the time limits prescribed by law.</p>
<p>
<em>Data Retention and Destruction</em>
</p>
<p>Under applicable Korean law, your Personal Data must be retained for the
following periods:</p>
<ul>
<li>
<p>Records regarding contracts or the cancellation of contracts, and
records on payment and provision of goods:</p>
<ul>
<li>
<p>
<strong>Reason of retention:</strong> Act on Consumer Protection in
Electronic Commerce Transactions, etc.</p>
</li>
<li>
<p>
<strong>Retention period:</strong> five years</p>
</li>
</ul>
</li>
<li>
<p>Records on customer complaints or dispute resolution:</p>
<ul>
<li>
<p>
<strong>Reason of retention:</strong> Act on Consumer Protection in
Electronic Commerce Transactions, etc.</p>
</li>
<li>
<p>
<strong>Retention period:</strong> three years</p>
</li>
</ul>
</li>
<li>
<p>Communications confirmation data</p>
<ul>
<li>
<p>
<strong>Reason of retention:</strong> Communications Privacy Protection Act</p>
</li>
<li>
<p>
<strong>Retention period:</strong> three months</p>
</li>
</ul>
</li>
<li>
<p>Records on electronic financial transactions:</p>
<ul>
<li>
<p>
<strong>Reason of retention:</strong> Electronic Financial Transaction Act</p>
</li>
<li>
<p>
<strong>Retention period:</strong> five years</p>
</li>
</ul>
</li>
</ul>
<p>
<em>Method and Procedure for the Destruction of Personal Data</em>
</p>
<p>MyFitnessPal retains your Personal Data (i) for as long as you maintain
an account or as needed to provide you the Services and/or (ii) as
necessary to comply with our legal obligations, resolve disputes, and
enforce our agreements.
Personal Data is destroyed when it is no longer
necessary for these purposes.
The specific destruction process and
method are as follows: (i) Personal Data printed on the paper is
shredded, burned, pulped, pulverized, or incinerated.
and (ii) Personal
Data stored in electronic form is deleted using technology designed to
prevent the recovery of the Personal Data.</p>
<p>
<em>How to Contact Us</em>
</p>
<p>If you have any questions, comments, or concerns about how we handle
your Personal Data, then you may contact us through our support
team, write to us or call us
at:</p>
<p>MyFitnessPal, Inc.<br>ATTN: Privacy/Legal<br>135 Townsend Street<br>San Francisco, CA 94107</p>
Residents of Turkey
<p>By using the Services, you consent to the collection, use and transfer
of your Personal Data with MyFitnessPal as outlined in this Privacy
Policy.
Further, Personal Data collected will be shared as outlined in
this Privacy Policy.</p>
<ul>
<li>
<p>
<strong>Information Security.</strong> The Personal Data shared with MyFitnessPal
will be protected using technical and organizational measures
designed to protect your information against unauthorized access,
theft, and loss as required by article 12 of the Law on Protection
of Personal Data no.
6698.</p>
</li>
<li>
<p>
<strong>Personal Data Accuracy</strong>.
MyFitnessPal takes steps to keep your
Personal Data accurate and up to date.
You are responsible for the
accuracy of the information you have provided to MyFitnessPal, and
you understand that doing so is important in terms of exercising
your personal data rights under the Law on Protection of Personal
Data no.
6698 and other applicable legislation.
To update your
Personal Data, please contact us through our support
team.</p>
</li>
<li>
<p>
<strong>Access Requests</strong>.
If you reside in Turkey, you may request access
to, and modification, opposition and deletion of the Personal Data
that we have collected about you.
To access your Personal Data,
please contact us through our support
team. Subject to
applicable law, we may charge for this service and will respond to
reasonable requests as soon as practicable, and in any event, within
the time limits prescribed by law.</p>
</li>
<li>
<p>
<strong>Data Retention and Destruction</strong>.
When you delete your account
and/or when Personal Data is no longer needed to provide the
Services or to comply with our legal obligations, resolve disputes,
and enforce our agreements and/or the retention period under
applicable law has expired, your Personal Data may be anonymized and
continued to be used in that form.</p>
</li>
</ul>
Residents of the United Arab Emirates
<p>If you reside in the United Arab Emirates, your use of the Services
signifies your consent to the following:</p>
<ul>
<li>
<p>You affirmatively waive your material privacy rights under
applicable laws;</p>
</li>
<li>
<p>MyFitnessPal may disclose any information you provide us, including
information you may consider private.
and</p>
</li>
<li>
<p>MyFitnessPal is not liable for any publication of information you
provide us, including information you may consider private.</p>
</li>
</ul>
<p>Please do not use the Services if you disagree with any part of this
Privacy Policy.</p>
Residents of the United States
<p>We don’t sell Personal Data as defined by Nevada law.</p>
<p>
<em>Residents of California</em>
</p>
<p>If you are a resident of California, you have certain rights to the
Personal Data that we have collected about you.
Under California law,
the exercise of these rights is subject to certain exemptions to
safeguard the public interest (e.g., the prevention or detection of
crime) and our interests (e.g., maintaining confidentially when legally
required ).
We will comply with your request as soon as reasonably
practicable.
Requests to exercise your rights may be granted in whole,
in part, or not at all, depending on the scope and nature of the request
and applicable law.
To prevent unauthorized access to your Personal
Data, we take steps to verify an individual’s right to the data -
including requiring users to reach out to us directly from a verified
email address, pass a challenge response, and/or confirm information
associated with the account.
Following verification of your identity, we
will notify you if we are unable to fulfill your request and outline the
reasons we are unable to honor your request at this time.</p>
<p>
<strong>Your California Privacy Rights</strong>
</p>
<p>You have the following rights:</p>
<ul>
<li>
<p>
<strong>Right of Access to Your Personal Data:</strong> You have the right to ask
us for confirmation on whether we are processing your Personal Data,
and access to the Personal Data, as permitted by law.
This may
include what Personal Data we collect, use, or disclose about you.</p>
</li>
<li>
<p>
<strong>Right to Deletion:</strong> You have the right to ask us to delete your
Personal Data, as permitted by law.</p>
</li>
<li>
<p>
<strong>Right to Opt-out of “Sale” and Certain Sharing Practices:</strong> You
have the right to opt-out of certain data sharing practices with
third parties who may use your Personal Data solely for their own
purposes.
Your right to opt-out is limited to information we “sell”
to these third parties.
“Sell” in this case does not mean providing
data in exchange for money – <em>we don’t do that.</em> “Sell” instead
means the disclosure of data, including technical device data that
does not identify you directly, when a third party might use that
data for its own purposes, such as for personalized advertising.
We
do not have actual knowledge that we sell personal information of
minors under 16 years of age.</p>
</li>
<li>
<p>
<strong>Right to Non-Discrimination:</strong> We will not discriminate against
you, in terms of price or services that we offer, if you submit one
of the rights requests listed above.</p>
</li>
</ul>
<p>
<strong>How to Exercise Your Rights</strong>
</p>
<p>
<strong>Exercise your rights (other than opt-out of “sale”):</strong> To exercise
your rights to your Personal Data, please contact us through
our support team or at the
address listed below: MyFitnessPal, Inc., ATTN: Privacy/Legal, 135
Townsend Street, San Francisco, CA 94107</p>
<p>
<strong>Exercise your opt-out of “sale” rights:</strong> For instructions on how to
exercise your rights, please visit our “do not sell my personal
information” page.</p>
<p>
<strong>Additional California Rights</strong>
</p>
<p>California Civil Code Section 1798.83 permits California residents to
request and obtain from us a list of what Personal Data (if any) we
disclosed to third parties for that third party’s direct marketing
purposes in the preceding calendar year and the names and addresses of
those third parties.
Requests may be made only once a year and are free
of charge.</p>
<p>Under Section 1798.83, we currently do not share any Personal Data with
third parties for their direct marketing purposes.
If we do decide to
share your Personal Data with third parties for their marketing
purposes, you may opt-out of this disclosure at any time by submitting a
request to our support team,
or in writing to:</p>
<p>MyFitnessPal, Inc.<br>ATTN: Privacy/Legal<br>135 Townsend Street<br>San Francisco, CA 94107</p>
<p>It is important to note that this opt-out does not prohibit disclosures
made for non-marketing purposes or for purposes of assisting us with our
own marketing.</p>