Privacy Policy
Last Updated Date: September 23, 2017

 

Klue, Inc. ("Klue") designs products and tools that track everyday eating and drinking behaviors to help users create and ingrain healthy, mindful eating habits.    

This Privacy Policy describes our practices regarding the Personal Data (as defined below) we collect from users of our Klue mobile application ("App"), the Klue Software to connect to Third-Party wearable devices ("Software"), the services available through the use of our App and Software (the "Services"), our website, www.goklue.com, and all related websites that post this Privacy Policy ("Sites").

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, PLEASE DO NOT USE OUR APP, SOFTWARE OR SERVICES. BY ACCESSING OR USING THE APP, SOFTWARE OR SERVICES, YOU AGREE TO THIS PRIVACY POLICY.

And remember, we’re here to help.  If something in this policy does not make sense or if you have any questions, please contact us at help@goklue.com.

1.     Kinds of Data We Collect from You

"Personal Data" means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, credit-card or other payment information (if applicable), certain health information, as well as any other non-public information about you that is associated with or linked to any of the foregoing data, or any other information or data that you provide when using our App, Software or Services.

"Anonymous Data" means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. Anonymous Data is information we obtain automatically from your connection, interaction with this App and the use of Cookies and other technologies.

We collect Personal Data and Anonymous Data from users who download and install the Klue App or register an account ("User").  We collect Personal Data and Anonymous Data that you provide to us directly, through your use of the App, Sites and/or Klue Services as a User. We may also collect Personal Data or Anonymous Data automatically, through technologies used on the Sites, App and in the Services, as described below.

We collect Personal Data and Anonymous Data, as described below.

2.     What Data Does Klue Collect?

Klue uses your data to improve the Klue App, Software and Services.

2.1.  We collect the following information directly through our App, Software and Services:

  • To make use of the Klue App, Software and Services, you must register for an account. We collect Personal Data from you when you register for an account to use the Klue App and/or Services ("Account"). To establish your Account, we collect your email address and password. Your email address will be your Klue Account username, which you will use to log into your account.
  • We collect additional Personal Data when you create a Klue Account profile ("Profile"). To establish your Profile, we may collect your first and last name, ZIP Code, address, phone number(s), handedness, height, weight, gender, date of birth. We may also collect information about your health, lifestyle and eating and drinking behaviors. We do not collect Profile information that would identify you unless you choose to provide it to us. You can choose not to provide us with certain Profile information, but please be aware that may restrict your access to certain Services and/or impact the Services provided to you.
  • The Klue App, Software and Services require the use of a supported Third Party wearable device. We collect Personal Data about your wearable device, such as for example make and model, connection status, wrist preference, battery life, etc.. We also collect additional Personal Data from your wearable device.  We collect motion-related data from your wearable device.  Additional Personal Data we may collect from your wearable device includes heart rate, blood pressure, and temperature information.  We only collect information from your wearable device when you are logged into the Klue App.
  • We collect information about your interactions with the App, Software and Services, including interactions on/with your mobile phone and on/with your wearable device.
  • Our Services may ask you for inputs or information via notifications or SMS messages on your mobile phone, via alerts, notifications or other messages on your wearable device, or via email. We collect the information you provide in response to those requests for information.
  • Our App, Software and Services may allow you to add certain types of information to your account, such as entering your weight or entering information about your meal activities. Whenever you add this kind of data, we collect it and add it to your Klue account.
  • We may collect information about the status of the internet connection on your mobile phone.
  • As a user of App, Software and Services that are still under development, we may collect Personal Data from you outside of our Sites, App, Software and Services. We may collect information, data and logs from you that may include Personal Data by oral, written or electronic communication with you. We may collect information data and logs that may include Personal Data in paper format or in other electronic formats including but not limited to spreadsheets. You can choose not to provide us with certain Personal information that is collected in this way, but please be aware that may restrict you access to certain Services and/or may impact the Services provided to you.

2.2.  We collect the following information from all users of the Sites:

  • When you sign up for e-mail notifications, we collect your e-mail address.
  • When you contact us through our Sites, we collect your First Name, Last Name, Company Name (if applicable), e-mail address and the content of your message to us.

2.3.  We collect the following information from all users through the Sites or the App, Software or Services:

  • Personal Data.  When you participate in one of our surveys, we may collect additional Personal Data to complete the survey. If you contact us for support regarding the Klue App, Software or Services, we may collect your name, e-mail address, phone number, as well as your mobile phone and wearable device model, make, operating system and version, and any communications or correspondence that you send us.

Please note that at all times you are responsible for updating your Personal Data to provide us with your most current contact information, including e-mail address.

  • Location Information. If you have enabled location services on your mobile device and/or your wearable device, we may collect geolocation information to improve our App and Services. We may share your geo-location data with third parties for the purpose of them serving you ads. If you do not wish to allow us to share your information in this manner please opt-out by contacting us at help@goklue.com.

If you do not want to provide us with your location information, you can deactivate geolocation services on your mobile and wearable device.

  • Information We Receive from Third Parties. We may receive Personal Data from third party sources. We may add this information to the information we have already collected from you directly via the Klue Services.
  • Information Collected Automatically via Technology. Technologies such as Cookies may be used by Klue and our partners, affiliates or analytics or service providers. These technologies are used in analyzing trends, administering the website, tracking users' movements around the site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited. 

Information Collected by Our Servers. To make our Sites and Klue Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol ("IP") address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.

Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider ("ISP"), referring/exit pages, operating system, date/time stamp, and clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve the services we offer to you, improve marketing and site functionality.

We use this information to analyze trends, administer the Sites, track users' movements around the Sites, gather demographic information about our user base as a whole, and better tailor our Klue Services to our users' needs. For example, some of the information may be collected so that when you visit the Sites or the Klue Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. 

Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our App. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the App, and information about the type of device you use. In addition, in the event our App crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our App. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual. We send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. Please be aware that disabling Notifications may restrict your access to certain Services and/or impact the Services provided to you. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.

  • Third Party Analytics and Tracking.

How We Respond to Do Not Track Signals. We do not currently respond to "do not track" signals or other mechanisms that might enable consumers to opt out of tracking on our Website. 

Collection of Data by Advertisers . We may also use third parties to serve ads on the Sites or App. Regardless of whether they serve ads on our Sites or App, certain third parties may automatically collect information about your visits to our Sites or App and other websites, your IP address, your ISP, and the browser you use to visit our Sites (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags, or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Sites and the other sites tracked by these third parties. This Privacy Policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice or if you choose to opt out of tracking conducted by certain third party companies that honor such opt-outs, click here: http://www.aboutads.info/choices or http://www.networkadvertising.org.

Analytics Tools. We use analytics tools, such as Google Analytics, ("Analytics Tools") to help analyze how users use the Sites and App. For example, Google Analytics uses Cookies to collect information such as how often users visit the Sites, what pages they visit, and what other sites they used prior to coming to the Sites. We use the information we get from Analytics Tools only to improve the Klue Services. Google Analytics collects only the IP address assigned to you on the date you visit the Website, rather than your name or other personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Website, the Cookie cannot be used by anyone but Google. Google's ability to use and share information collected by Google Analytics about your visits to the Website is governed by the Google Analytics Terms of Use and the Google Privacy Policy.

For more information on Google's privacy practices, please click here: https://www.google.com/intl/en/analytics/learn/privacy.html.

For information about how to opt out of Google Analytics, please click here: https://tools.google.com/dlpage/gaoptout.

3.     How We Use Your Personal Data

3.1.  General Use. We use your Personal Data in the following ways:

  • To facilitate the creation and administration of your Account and Profile;
  • To send you a welcome e-mail;
  • To identify you as a user in our system;
  • To respond to your inquiries or customer service requests;
  • To provide you with the Klue Services;
  • To improve, troubleshoot and protect our App, Software and Services. For example, data and logs are used in research to understand, troubleshoot and improve the Klue App, Software and Services, to detect and protect against error, fraud or other criminal activity; and to enforce the Klue Terms & Conditions;
  • To send you notifications, alerts and other messages on your mobile phone and/or wearable device as part of our App, Software and/or Services. The content of such notifications, alerts and other messages may be created by Klue and/or received from a third party. The content of such notifications may be owned by Klue and/or owned by a third party. Content may include advertisements for third parties or third parties’ products and/or services.
  • To display the history of parameters related to your eating and/or drinking activities;
  • To provide improved administration of our Sites, App, Software and Services;
  • To improve the quality of your experience when you interact with our Sites, App, Software and Services;
  • To send you administrative e-mail notifications, such as security or support and maintenance advisories;
  • To send you reminders and notifications related to our Services; and
  • To send you newsletters, surveys, offers, and other promotional materials related to the Services and for other marketing purposes of Klue.

3.2.  User Testimonials and Feedback About Your Use of the Klue Services. 

We often receive testimonials and comments from users who have had positive experiences with our Klue Services. We may post user feedback on the Sites or in the App from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you wish to update or delete your testimonial, you can contact us at help@goklue.com.

3.3.  Creation of Anonymous Data. 

We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation.

We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

4.     What Kinds of Data We Share

We will share/disclose your Personal Data with third party as described below and as described elsewhere in this Privacy Policy. If we plan to use or disclose Personal Data for any purposes or to any recipient other than those described in this Privacy Policy, we will notify you prior to such use or disclosure and obtain your consent prior to disclosure.

4.1.  Third Party Service Providers

We may share your Personal Data with third party service providers to: provide you with the Klue Services; facilitate online shopping and process payments for Products; conduct quality assurance testing; facilitate creation of Accounts; provide technical support; and/or provide other services to Klue. These third party service providers are required not to use your Personal Data other than to provide the services requested by Klue.

If you do not want us to share your personal information with these companies, you may contact us at: help@goklue.com.

4.2.  Affiliates

We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control ("Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy.

4.3.  Corporate Restructuring

We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires the Klue business or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

4.4.  Other Disclosures

Regardless of any choices you make regarding your Personal Data (as described below), In certain situations, Klue may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.  Klue may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Klue; (c) to protect or defend the rights or property of Klue or users of the Sites, App or Klue Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms & Conditions.

4.5.  Sensitive Personal Information

You understand and agree that, in the event you provide Klue with Sensitive Personal Information, such Sensitive Personal Information may be processed and transferred in accordance with the terms of this Privacy Policy, and you hereby consent to such processing and transfer of your Sensitive Personal Information. "Sensitive Personal Information" includes information regarding racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and health or sex life.

5.     How does Klue Keep my Data Safe?

If you have any questions about the security of your personal information, you can contact us at: help@goklue.com.

Please do not disclose your Account password to unauthorized people. If you discover or suspect that your password has been disclosed or accessed by an unauthorized person, please contact us using the contact information provided above.

6.     Your Choices Regarding Information

You have several choices regarding the use of information on our Services:

6.1.  Email Communications

We will periodically send you newsletters and e-mails that directly promote the use of our Product, App, Software or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by contacting us directly using the contact information provided above. Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms and Conditions or Privacy Policy.

6.2.  Cookies

If you decide that you no longer wish to accept Cookies from the Services for any of the purposes described above, you can change your browser's settings, if your browser permits, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser's technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.

6.3.  Accessing, Changing or Deleting Your Personal Data. 

Upon request Klue will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. You may change, correct, update any of your Personal Data in your Account by editing your profile within your Account (if this feature is available to you) or by contacting us directly using the contact information above.

You may request deletion of your Personal Data by contacting us directly using the contact information above, and we will use commercially reasonable efforts to honor your request. We will respond to your request within a reasonable timeframe. Please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.

Will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

6.4.  Applications

You can stop all collection of information by the App by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. To serve ads in our App where Cookie technology is not available, Klue hashes users' device IDs. Users may choose to reset or opt out of anonymous IDs at any time. If users choose to opt out, ads delivered to the App by ad serving technology will not be served on an anonymous ID. You may at any time opt-out from further allowing us to have access to your location data by disabling location services in your smartphone settings.

7.     Third Party Websites

Our Sites or App may contain links to third party websites. When you click on a link to any other website or location, you will leave our Sites or App and go to another site, and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

8.     A Note About Children

We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Klue and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us using the contact information provided above.

9.     Changes to this Privacy Policy

This Privacy Policy is subject to occasional revision. If we change it, we will post the then-current Privacy Policy on this page and update the "Last Updated" date above. Any non-material changes to this Privacy Policy will be effective as of the day they are posted. If we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Sites.

Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Sites. These changes will be effective immediately for new users of our Klue Services.

Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.

If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Sites, App, Software or Services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

TOP