Effective as of 1 September 2020
Thanks for choosing Foodimus!
At Foodimus, we want to give you the best possible experience to ensure that you enjoy our service. Your privacy and the security of your personal data is, and will always be, enormously important to us. So, we want to transparently explain how and why we gather, store, share and use your personal data – as well as outline the controls and choices you have around when and how you choose to share your personal data.
2. About this Policy
- Ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;
- Explain the way we use the personal data that you share with us in order to give you a great experience when you are using the Service; and
- Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.
3. Your rights and your preferences: Giving you choice and control
The General Data Protection Regulation or “GDPR” gives certain rights to individuals in relation to their personal data. Accordingly, we are happy to offer transparency and access controls to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:
- Right of access – the right to be informed of, and request access to, the personal data we process about you;
- Right to rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;
- Right to erasure – the right to request that we delete your personal data;
- Right to restrict – the right to request that we temporarily or permanently stop processing all or some of your personal data;
- Right to object –
- the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
- the right to object to your personal data being processed for direct marketing purposes;
- Right to data portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
- Right not to be subject to automated decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
In order to enable you to learn more about these rights, exercise these rights with ease, and record your preferences in relation to how Foodimus uses your personal data, we provide the following resources:
- Privacy Settings (accessed via your account page) – allows you to exercise choices about the processing of certain personal data, and an automated ‘Download your data’ function to download basic account and usage information.
- Notification Settings (accessed via your account page) – allows you to choose which marketing communications you receive from Foodimus. You may toggle these settings to opt in or out of receiving different types of email and push notifications. Please note that email marketing messages from Foodimus include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you). Clicking on the link in an email will opt you out of further messages of that category (e.g. Influencer Updates). You can use the Notification Settings page to exercise choices about all categories of email and push marketing communication.
If you have concerns around our processing of your personal data, we hope you will continue to work with us to resolve them. However, you can also contact and have the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) or your local Data Protection Authority.
4. Personal data we collect from you
We have set out below the categories of personal data we collect and use about you and how we collect it:
The text below describes personal data collected when you sign up for the Service:
- This is the personal data that is provided by you or collected by us to enable you to sign up for and use the Service. Depending on the type of Service plan you sign up for, this may include your username, email address, phone number, birth date, gender, street address, and country.
- Some of the personal data we will ask you to provide is required in order to create your account. You also have the option to provide us with additional personal data in order to make your account more personalized.
- The exact personal data we will collect depends on the type of Service plan you sign up for, how you create an account, and whether you use third party services (such as Facebook) to sign up and use the Service. If you use a third party service to create an account, we will receive personal data via that third party service but only when you have consented to that third party service sharing your personal data with us.
The text below describes personal data collected through your use of the Service:
- This is the personal data that is collected about you when you’re accessing and/or using the Service, including:
- Information about your type of Service plan.
- Information about your interactions with the Service such as your search queries (including the date and time of any requests you make), meal plan history, your browsing history, and your interactions with the Service, content, other Foodimus users. This also may include details of your use of third party applications in connection with the Service.
- Inferences drawn about your interests and preferences based on your usage of the Service.
- User Content (as defined in the Terms of Service) you post to Foodimus, such as photos, recipes and meal plans and interactions with the Foodimus team. Please note that we will only access your camera or photos from your device if you give us permission to do so, and we will only access images that you specifically choose to share with us and metadata related to those images, such as the type of file and the size of the image. We will never scan or import your device’s photo library or camera roll.
- Certain technical data, which may include:
- URL information;
- online identifiers including cookie data and IP addresses;
- information about the types of devices you are using such as unique device IDs, network connection type (e.g. wifi, 3G, LTE, Bluetooth), provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and Foodimus application version;
- your non-precise location, which may be derived or inferred from certain technical data (e.g., your IP address, language setting of your device, or payment currency), to comply with geographic requirements in our licensing agreements, and deliver personalized content and advertising to you; and
- motion-generated or orientation-generated mobile sensor data (e.g. accelerometer or gyroscope) required for the purposes of providing specific features of the Service to you.
The text below describes personal data that you choose to give us that enables us to provide you with additional features/functionality
- We may collect certain personal data if you sign up for a trial or purchase any of our paid subscriptions or make other purchases through the Service. The exact personal data collected will vary depending on the payment method (e.g. direct via your mobile phone carrier or by invoice) but will include information such as:
- Date of birth;
- Credit or debit card type, expiration date, and certain digits of your card number;
- Postal code;
- Mobile phone number; and
- Details of your purchase and payment history.
- When you complete any forms, respond to a survey or questionnaire, or participate in a contest, we collect the personal data you provide.
The text below describes personal data collected from third party sources
We collect personal data about you from various third parties. These third party sources vary over time and include the following:
- If you register for or log into our services using third party credentials (e.g. Facebook), we will import your information from such third party to help create your account with us.
- We work with technical service partners that provide us with certain data, such as mapping IP addresses to non-precise location data (e.g., city, state), to enable us to provide the Service, content, and features.
- If you choose to pay for a service or feature by invoice, we may receive data from our payment partners to enable us to send you invoices, process your payment and provide you with what you’ve purchased.
- We may obtain certain data about you, such as cookie id, mobile device id, or email address, and inferences about your interests and preferences from certain advertisers and advertising partners that allow us to deliver more relevant ads and measure their effectiveness.
5. What we use your personal data for
When you use or interact with the Service, we use a variety of technologies to process the personal data we collect about you for various reasons. We have set out below the reasons why we process your personal data.
- To provide and personalize the Service.
- To understand, diagnose, troubleshoot, and fix issues with the Service.
- To evaluate and develop new features, technologies, and improvements to the Service.
- For marketing, promotion, and advertising purposes.
- To comply with legal obligations and law enforcement requests.
- To fulfill contractual obligations with third parties, for example licensing agreements and to take appropriate action with respect to reports of intellectual property infringement and inappropriate content.
- To establish, exercise, or defend legal claims.
- To conduct business planning, reporting, and forecasting.
- To process your payment.
- To detect fraud, including fraudulent payments and fraudulent use of the Service.
- To conduct research, contests, surveys, and sweepstakes.
6. Sharing your personal data
We have set out the categories of recipients of the personal data collected or generated through your use of the Service.
Publicly available information
The following personal data will always be publicly available on the Service: your name and/or username and profile picture.
Personal data you may choose to share
The following personal data will only be shared with the categories of recipients outlined in the table below if:
- you choose to make use of a specific Service feature where sharing of particular personal data is required for the proper use of the Service feature; or
- you grant us your permission to share the personal data, e.g. by selecting the appropriate setting in the Service or authorizing Foodimus through a presented consent mechanism.
- If you connect your Foodimus account to a third party application and/or device(s), such as, social media, audio, television, or automotive platforms and services, Foodimus shares technical data with the operator of that third party application and/or device in order to connect your Foodimus account, and/or facilitate playback of the Foodimus Service. With respect to certain third parties which may request or require that we share your information with them, your permission will be requested before we provide your information to such third parties.
Information we may share
- We work with service providers that work on our behalf which may need access to certain personal data in order to provide their services to us. These companies include those we’ve hired to provide customer service support, operate the technical infrastructure that we need to provide the Service, assist in protecting and securing our systems and services, and help market Foodimus’s own products and services as well as partner products, services, events, and co-branded promotions in which Foodimus is involved.
- We will share your personal data with our payment processors as necessary to enable them to process your payments, and for anti-fraud purposes.
- We work with advertising partners to enable us to customize the advertising content you may receive on the Service. These partners help us deliver more relevant ads and promotional messages to you, which may include interest based advertising (also known as online behavioral advertising), contextual advertising, and generic advertising on the Service. We and our advertising partners may process certain personal data to help Foodimus understand your interests or preferences so that we can deliver advertisements that are more relevant to you.
- Depending on how you sign up for the Service (e.g. through a third party service or a mobile provider), we share your Foodimus username or other User Data as necessary to enable your account. We may also share personal data with that third party about your use of the Service, such as whether and to what extent you have used the offer, activated a Foodimus account, or actively used the Service. We also may share your personal data in a pseudonymised format with our music industry partners to help them understand how the content they license to us is performing and to enable you to listen to streaming content via the Service.
- We will share your personal data for activities such as statistical analysis and academic study but only in a pseudonymised format.
- We will share your personal data with other Foodimus group companies to carry out our daily business operations and to enable us to maintain and provide the Service to you.
- We share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to a valid legal process, such as a search warrant, a court order, or a subpoena. We also share your personal data where we in good faith believe that it is necessary for the purpose of our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.
7. Data retention and deletion
We keep your personal data only as long as necessary to provide you with the Service and for legitimate and essential business purposes, such as maintaining the performance of the Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data for as long as you are a user of the Service. For example, we keep you a list of your purchased meal plans and account information.
If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal data, including situations such as the following:
If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
Where we need to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
8. Transfer to other countries
Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such instances Foodimus shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.
For further details of the security measures we use to protect your personal data, please see Section 10 of this Policy.
10. Keeping your personal data safe
We are committed to protecting our users’ personal data. We implement appropriate technical and organisational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various policies to guard against unauthorised access and unnecessary retention of personal data in our systems.
Your password protects your user account, so we encourage you to use a strong password that is unique to your Foodimus account, never share your password with anyone, limit access to your computer and browser, and log out after having used the Service.
The Service is not directed to children under the age of 13 years. The Service is also not offered to children whose age makes it illegal to process their personal data or requires parental consent for the processing of their personal data under the GDPR or other local law.
We do not knowingly collect personal data from children under 13 years or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, please do not use the Service, and do not provide any personal data to us.
If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to Foodimus, please contact us, and you may request exercise of your applicable rights detailed in Section 3 of this Policy.
If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the Foodimus account for that child.
12. Changes to this Policy
Please, therefore, make sure you read any such notice carefully.
13. How to contact us
Foodimus B.V. is the data controller for the purposes of the personal data processed under this Policy.
We hope you enjoy Foodimus!