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BUILT WITH SCIENCE PRIVACY POLICY

(Last Updated: [January 3nd, 2024])

Built With Science Holdings Corp. (“Company”, “we” or “us”) is committed to protecting your privacy and safeguarding your personal information. The purpose of this privacy policy is to inform you about how we collect, use and disclose personal information when you interact with our website www.builtwithscience.com (the “Website”) and our Mobile Application, which is made available for download via our Website and applicable App Stores (collectively, the “Services”). This privacy policy relates to all of our activities, unless we have provided you with a separate privacy policy for a particular product, service or activity.

Please review this privacy policy carefully. By submitting your personal information to us, by using our website, or by otherwise accessing or using the Services, you consent to our collecting, using and disclosing your personal information as set out in this privacy policy.

 

Meaning of Personal Information

 

“Personal information” means information about an identifiable individual. This information may include, but is not limited to, your name, mailing address, e-mail address, telephone number, browsing information and country of residence.

Personal information does not include information where there is no serious possibility that it can be used to identify an individual, whether on its own or in combination with other information, or personal information that has been anonymized or aggregated such as to be considered anonymized information or no longer personal information under applicable laws. For clarity, anonymized and aggregated information that does not identify an individual is not subject to the obligations under this Privacy Policy.

 

Your Consent to Collection, Use and Disclosure

 

The primary basis on which we collect, use and disclose your personal information is with your consent, unless otherwise permitted or required by law. How we obtain your consent will depend on the circumstances, as well as the sensitivity of the information collected. Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question. If you choose to provide personal information to us, we assume that you consent to the collection, use and disclosure of your personal information as outlined in this privacy policy.

Typically, we will seek your consent at the time your personal information is collected. Where we want to use your personal information for a purpose not previously identified to you at the time of collection, we will seek your consent prior to our use of such information for this new purpose.

You may withdraw your consent to our use or disclosure of your personal information at any time by contacting us using the contact information below. However, before we implement the withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services. Please also note that certain data will remain within the Services for us to fulfill its contractual obligations, even after you withdraw your consent.

If you provide personal information about another individual to us, it is your responsibility to obtain the consent of that individual to enable us to collect such information from you, and to use and disclose their information as described in this privacy policy.

 

Our Collection of Personal Information

 

 

How we collect Personal Information

We collect Personal Information from you in the following ways:

  • Through your use of the Services, whether directly uploaded and created by you, or automatically collected by us as you use the Services.
  • Through your engagement with our Website, including information submitted by you within a website form or obtained from us through cookies or similar technologies. This information is collectively referred to as “Website Data”.
  • From other third party sources, such as our partners and service providers.

 

Types of Personal Information we collect

We collect the following types of information from you:

  • Account and Profile Information: We collect your contact information to facilitate the purchase of our Services and to manage our relationship with you. This includes information such as your name, e-mail address, gender, body fat percentage, weight and other contact information.
  • Optional Profile Information: You may choose to provide additional profile information through your use of the Services. We encourage you to upload progress photos, body fat updates, and body measurements to improve your use of the Services. This information is provided voluntarily by you and is not necessary for your use of the Services.
  • Sensitive Information: We collect information about your health and well-being, such as weight, body fat percentage, exercise habits and food habits, which may be considered as sensitive information in your region.
  • Information from linked accounts: We may receive information about you when you integrate or link a third-party service with our Services. You may also integrate our Services with other services you use, so as to allow you to access, store, share and edit certain content from a third-party through our Services. The information we receive when you link or integrate our Services with a third-party service depends on the settings, permissions and privacy policy controlled by that third-party service. You should always check the privacy settings and notices in these third-party services to understand what data may be disclosed to us or shared with our Services.
  • Usage and Technical Information: We collect usage information relating to your use of the Services and how you interact with our Website. Such information may include your Internet protocol address, information about your device, browser and operating system, how you are using our Services, and the date and time of your visit.
  • Payment Information: Payment information, such as your credit card details and billing information is collected by our partners, Stripe and Shopify, when you register for and otherwise make purchases in the Services. Stripe will store your payment information for the purpose of managing your payments within the Services.
  • Website Forms: We collect information that you submit to us on our Website, including your name, e-mail address and other contact information.

 

For US Consumers: The personal information that we may collect, or may have collected from consumers in the preceding twelve months, fall into the following categories established by the California Consumer Privacy Act, California Privacy Rights Act, Virginia Consumer Data Protection Act, Colorado Privacy Act, Connecticut Data Privacy Act, and Utah Consumer Privacy Act, and any such applicable Act that may be amended from time to time (collectively, “US Consumer Privacy Laws”), as applicable, depending on how you engage with Built With Science:

  • Identifiers, such as your name, alias, address, phone numbers, or IP address;

  • characteristics of protected classifications under US State or US federal law, such as age or gender;

  • Internet or other electronic network activity information, including browsing history, search history, and information regarding your interaction with the Services;
  • geolocation data, such as the location of your device or computer;
  • audio, visual, electronic or other similar information, including when you communicate with us by phone or otherwise;

  • inference data, such as information about your preferences.

 

Legal Basis for Collection: GDPR

 

For Personal Data that is subject to the EU General Data Protection Regulation (“GDPR”), the lawful basis for collecting and using your Personal Data is consent, where you have provided your consent, or for fulfilling our contractual obligations in providing our Services. For instances where your consent is not obtained or there is no contractual obligation, we collect and use your Personal Data in our legitimate interests (which are not overridden by your data protection interests), such as operating our business, understanding and improving our Services, communicating with you about our products, services, events or related resources, and protecting our legal rights and interests or to comply with our legal obligations.

You are not legally required to provide us with any personal data and may do so (or avoid doing so) at your own free will. If you provided your consent for us to collect and use your Personal Data, you may withdraw that consent at any time. If you do not wish to provide us with your personal data, or to have it processed by us or any of our service providers, please contact us about your personal data request. By accessing and/or using any of the Services, you signify and affirm your informed consent to the collection and processing of your Personal Data as defined and explained in this Privacy Policy.

 

Cookie Policy

 

We use “cookies” and enlist third party services which use cookies to track your preferences and activities on our website and within our Services. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences and login information, making your subsequent visits to the Website and Services more efficient and secure. Cookies may store a variety of information, including the number of times that you access a website, your login information, your device information, IP address, and the number of times that you view a particular page or other item on the Website or Services. The use of cookies is a common practice adopted by most major websites to better serve their users. You have a variety of tools to control the information collected by cookies, web beacons, and similar technologies when you use our Website. For example, you can use controls in your internet browser to limit how the websites you visit are able to use cookies and to withdraw your consent by clearing or blocking cookies. You should note, however, that without cookies some of our website’s functions may not be available.

Generally-speaking, we use 1st and 3rd-party sessions and persistent cookies. The cookies set by us are called “1st-party cookies” and the cookies set by our third-party partners and service providers are called “3rd-party cookies”.

Persistent cookies remain on your device after you close your browser or until you manually delete it (for the former, how long the cookie remains on your device will depend on the duration or “lifetime” of the specific cookie and your browser settings). Persistent cookies help us recognize you as an existing user of our Website, so it’s easier and convenient to return to our Website or interact with our Services without signing in again. In addition, persistent cookies also help us recognize you when you view a resource belonging to our Website from another website or app (such as an advertisement) and help us record information about your web browsing habits during the lifetime of the persistent cookie.

Conversely, session cookies are temporary cookies that remain on your device until you close your web browser. Many session cookies are essential to make our Website work correctly, as they typically enable you to move around our Website and use our features.

Examples of cookies we use:

Necessary Cookies - These cookies are necessary for the proper functioning of the Service and the security of the Website. For example, necessary cookies are used to ensure the functionality of a change from http to https, or to remind you of your cookie preferences if you are prompted to accept or decline certain cookies. We are not required to obtain your consent for these cookies.

Statistical Cookies - Statistical cookies help us, by collecting and communicating information anonymously, to understand how visitors interact with the Website.

Marketing Cookies - Marketing cookies are used to track visitors through the Website. The goal is to display ads that are relevant and interesting to the individual user and, therefore, more valuable to third-party publishers and advertisers.

You can also visit the below link for an overview of how to block or delete cookies on the most common browsers: https://www.allaboutcookies.org/.

Google Analytics: With your consent, we use Google Analytics to collect information to maintain and improve the use of our Website and Services. Google Analytics collects information such as how often users visit the Services, which pages they visit when they do so, and which other sites they used prior to coming to our Services. Google’s ability to use and share information collected by Google Analytics about your visits to and use of the Services is restricted by the Google Analytics Terms of Service and the Google Privacy Policy.

 

How We Use Your Personal Information

 

We may use your personal information and other information that we collect to provide the Services, to comply with our contractual obligations, and to support our legitimate interests in maintaining, improving and advertising the Services. Below are the specific purposes for which we use the information we collect about you.

 

  • to provide you with our Services and to support your use of our Services [CONSENT/CONTRACTUAL];
  • to contact you in relation to our Services [CONSENT];
  • to monitor, maintain, and improve our Services, and to develop new products and services [CONTRACTUAL/CONSENT];
  • to conduct research and analysis related to our business and Services [LEGITIMATE INTERESTS];
  • to respond to inquiries and other requests [CONTRACTUAL];
  • to collect opinions and comments in regard to our Services;
  • to provide you with information that we think may interest you, including marketing communications [CONSENT]; and
  • to comply with legal and regulatory requirements, where applicable [LEGAL PURPOSES].

 

We may use your personal information and other information for purposes for which we have obtained your consent, and for such other purposes as may be permitted or required by applicable law.

For US Consumers:The personal information that we may have used and/or disclosed about users in the preceding twelve months fall into the following business purposes:

  • To facilitate, operate, and provide our Services;
  • To further develop, customize and improve our Services, and to provide you with any such enhanced Services;

  • To provide customer assistance and technical support;
  • To contact our Users and website visitors with general and personalized service-related notices, surveys and promotional messages including marketing and advertising messages;
  • To create aggregated statistical data and other aggregated and/or inferred Non-Personal Information, which we, our Users or our business partners may use to operate and improve our respective services, or for any other purpose;
  • To act as permitted by, and to comply with any legal or regulatory requirements;
  • To conduct any additional activities that may require the use of your Personal Information (as that term is defined under US Consumer Privacy Laws), for which we will request your consent in advance; and
  • Any other usage delineated in Built With Science’s Privacy Policy.

 

Sensitive Personal Information: Built With Science uses, and has used and/or disclosed Sensitive Personal Information (as defined under US Consumer Privacy Laws) about users in the preceding twelve months that fall into the following business purposes:

  • To facilitate, operate, and provide our Services.

 

How We Share Your Personal Information

 

Sharing with Third Parties

We share your personal information with third party service providers who perform some functionality within the Services on our behalf, such as hosting, data storage and processing, and research and analytics. We also share your information with third party service providers who provide payment processing, email services and marketing campaigns.

If we provide your information to service providers for our provision of the Services, then we require that service providers maintain the confidentiality of your personal information and keep your personal information secure. We also require that they only use your personal information for the limited purposes for which it is provided. When our service providers no longer need your personal information for those limited purposes, we require that they dispose of the personal information. In some circumstances, we may permit our service providers to retain anonymized or statistical information that does not identify you. We do not authorize the service providers to disclose your personal information to unauthorized parties or to use your personal information for their direct marketing purposes. If you would like more information about our service providers, please contact us using the contact information on our website.

 

Other Disclosures

Additionally, we may disclose your information when we believe such disclosure is permitted, necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce the terms of the agreements for our products and services; (e) to protect our operations or those of any of our affiliates or subsidiaries; (f) to protect our rights, privacy, safety or property, and/or those of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. In addition, we may transfer your personal information and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.

If we otherwise intend to disclose your personal information to a third party, we will identify that third party and the purpose for the disclosure, and obtain your consent.

For US Consumers: Built with Science does not sell Personal Information for monetary or other value. In the preceding twelve months, we have not sold any Personal Information of consumers, as those terms are defined under the US Consumer Privacy Laws. Built With Science has shared Personal Information as noted above within the preceding 12 months.

 

Opting Out of Communications

 

If you no longer want to receive marketing-related emails from us, you may opt out of receiving marketing-related emails by clicking the “unsubscribe” link at the bottom of any email you receive from us. You may also opt out by contacting us directly by emailing [email protected].

We will endeavour to respond to your opt-out request promptly, but we ask that you please allow us a reasonable time to process your request. Please note that if you opt out from receiving marketing-related emails, we may still need to send you communications about your use of our products or services, or other matters.

 

Retention of Personal Information

 

We will maintain your personal information for as long as they are needed, or as required by applicable laws, regulations, or government orders. After the relevant amount of time has passed, we will delete your information. The general retention periods for data that we hold are as follows.

  • Account Data: We retain your account data for as long as an account is active, and for up to 1 year after account termination, in case you would like to restart your subscription. We will retain some of your information longer, as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, and to support business operations. Any anonymized and aggregated data will be retained by Built With Science for internal business purposes.
  • Services Improvement and Development: Where we retain information for Service improvement and development, we take steps to make that information non-personal, non-identifiable and anonymous. We only use this information to uncover collective insights about the use of our Services, and not to specifically analyze personal characteristics about you.
  • Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
 

 

Security of Personal Information

 

We have implemented commercially reasonable physical, organizational, contractual and technological security measures with a view to protecting your personal information from accidental or unlawful destruction, loss or theft, unauthorized access, disclosure, copying, use or modification. We have taken steps to ensure that the only personnel who are granted access to your personal information are those with a business ‘need-to-know’ or whose duties reasonably require such information.

Despite the measures outlined above, no method of information transmission or information storage is 100% secure or error-free, so we unfortunately cannot guarantee absolute security. In the case of a breach of security safeguards, we will act promptly to mitigate the risks and to inform you where there is a real risk of significant harm, or as otherwise required by law.

You are responsible for maintaining the secrecy of your identification, passwords and/or any personal information in your possession for the use of our website and/or the Services. Always be careful and responsible regarding your personal information. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through our website or the Services. Similarly, we cannot assume any responsibility for the content of any personal information or other information which you receive from other users through our website or the Services. We cannot guarantee, or assume any responsibility for verifying, the accuracy of the personal information or other information provided by any third party.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any information that you provided to us has been compromised), please contact us immediately using the contact information on our website.

 

Your Rights Regarding Your Personal Information

 

Individuals have a number of rights concerning their personal information under global privacy laws. Under certain conditions, you may make a written request to access, correct or delete any personal information about you that we have collected, used or disclosed, and we will provide you with any such personal information to the extent required by law. You may also challenge the accuracy or completeness of your personal information in our records. If you successfully demonstrate that your personal information in our records is inaccurate or incomplete, we will amend the personal information as required. If you provided personal information to a Customer and believe it is being processed by us on behalf of that Customer, please make any requests or queries regarding that personal data to the Customer directly.

Where applicable, you may be entitled to additional rights, including: (i) the right to withdraw consent to processing; (ii) the right to object to unlawful data processing, under certain conditions; (iii) the right to erasure of personal information about you, under certain conditions; (iv) the right to demand that we restrict processing of your personal information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, or believe your personal information is inaccurate; (v) the right to data portability of personal information concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vi) the right to object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions; and (vii) the right to de-indexing of your personal information.

Please note that such rights are not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal data that we hold about you. In the event that we cannot accommodate your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

You also have the right to lodge a complaint with the relevant data protection or privacy authority, such as the Office of the Privacy Commissioner.

We may require that you provide sufficient identification to fulfill your request to access or correct your personal information. Any such identifying information will be used only for this purpose. We will not charge you any fees to access your personal information in our records without first providing you with an estimate of the approximate fees, if any.

 

International Transfer and Storage of Information

 

Personal information is primarily processed and stored in the United States and Canada (British Columbia). As a result, your personal information may be transferred to countries outside your country of residence, which may have different data protection rules than in your country. While such information is outside of your country, it is subject to the laws of the country in which it is located, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.

Our practices regarding your personal information will at all times continue to be governed by this privacy policy and we will continue to comply with all applicable legal requirements.

For Personal Data that is subject to the GDPR, Built With Science utilizes approved contractual transfer mechanisms, such as the EU adequacy decisions, and the Standard Contractual Clauses approved by the European Commission.

 

Third Party Websites and Services

 

This privacy policy applies only to our products and services. This privacy policy does not extend to any websites or products or services provided by third parties. We do not assume responsibility for the privacy practices of such third parties, and we encourage you to review all third party privacy policies prior to using third party websites or products or services.

 

Children’s Information

 

The Services are not intended for children under the age of 16. Children under the age of 16 should not use our Services, except when they have the consent of their parent or guardian. If we learn that we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16 without the consent of their parent or legal guardian, please contact us per the “contact us” section below.

 

Privacy Policy Updates

 

This privacy policy is current as of the “updated” date which appears at the top of this page. We may modify this privacy policy from time to time. When changes are made to this privacy policy they will become immediately effective when published in a revised privacy policy posted on our website, unless otherwise noted. We may also communicate the changes through our Services or by other means. By submitting your personal information to us, by registering for or using any of the Services we offer, by using our Website, or by voluntarily interacting with us after we publish or communicate a notice about the changes to this privacy policy, you consent to our collecting, using and disclosing your personal information as set out in the revised privacy policy.

US Consumers: The following disclosures are required by the US Consumer Privacy Laws and are effective as of January 4, 2024:

  • No Discrimination. We will not discriminate against any consumer for exercising their rights under the US Consumer Privacy Laws.

  • Designating an Authorized California Agent. Only you or a person or entity that is either (i) registered as an agent with the California Secretary of State that you authorize to act on your behalf; or (ii) that you have provided power of attorney to pursuant to Probate Code Sections 4000 to 4465 (“Authorized Agent”) may submit a Verifiable Consumer Request related to your Personal Information. If you choose to use an Authorized Agent, Built With Science may require that you provide the Authorized Agent with written permission to do so, and verify the identity of the Authorized Agent directly with you.

 

Contact Us

 

All comments, questions, concerns or complaints regarding your personal information or our privacy practices should be sent to our Privacy Officer at the following email address: [email protected].