Livewell Privacy Policy
By installing our mobile application or in any way using or accessing ourServices, you accept the terms and conditions of this Privacy Policy and the processing of your personal data.
Personal data controller
Responsible for the processing of your personal data is:
COMPANY NAME
PT. LIVEWELL INDONESIA SEHAT
ADDRESS
GEDUNG MASINDO, JL. MAMPANG PRPT. RAYA NO.73A
KOA ADM. JAKARTA SELATAN JAKARTA
E-MAIL
[email protected]
Information about personal data we collect
When you register for Livewell’s Services, we collect personal data from you such as: your email address, first and last name, height, weight, date of birth and gender.
When you continue using the Livewell Services you regularly upload personal data onto your account such as, depending on your use of the Services; your calorie intake, weight loss goal/weight gain goal, activity/diet routines, your body measurements and BMI.
In an ongoing effort to improve our Services, additional personal data may be collected from you. In such cases, we will notify you when the personal data collection takes place.
Our use of your personal data
Your privacy is important to us and we will only process your personal data in accordance with this Privacy Policy and relevant personal data regulation.
Use of Third-Party Services
In providing our Services, we may use third-party services, including Google APIs, to enhance your experience. We handle all data received from Google APIs in full compliance with Google’s API Services User Data Policy. Specifically, Livewell’s use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
By using our Services, you consent to the terms of service and privacy policies of these third parties where applicable.
Dataprocessing necessary to provide the Services
Asa part of offering the Services to you we process your personal data that youprovide us with at the time of registration, such as:
First and last name
E-mail
Date of birth
Country of residence
Weight
Height
Device identifier, i.e. information on what device, IP-address etc. you use to register and log on to the Services
As you continue to use the Services, you will regularly provide Livewell with further personal data. It follows from the nature of the Services that we must process such data that you upload to the Services to enable the Services, for example, we will process your weight data and calorie intake to enable the monitoring and presentation of your personal goals (whether it be weight lossor weight gain). This processing is a pre-requisite for us being able to offer the Services to you.
If you connect to the Services using a Third-Party Application (e.g., AppleHealthKit, Facebook) Livewell will collect and use your personal information from such Third Party Applications such as your username, name, profile picture, country, hometown, email address, date of birth, gender as well as such health data that you choose to synchronize with Livewell’s Services.
Some of the data mentioned above, collected from you and processed by Livewell for certain features of the Services, is possible for us to delete and cease processing for the future if you so require, without you having to terminate your use of the entire Services, i.e., not all data (submitted over time by you to us either directly or through third-party services) is required for you tostill be able to use the Services. If you want us to cease processing certain data about you under this category, we will inform about the consequences of such cease, i.e., how it will affect your use of the features of the Services.
Customerrelationship as a legal ground
It should be noted that marketing sent by Livewell to you on the basis of a customer relationship as a legal ground for processing personal data, does not require a consent. Such data will be processed and used in compliance with relevant personal data regulation.
Profiling
Livewell’s Services are based on a profound knowledge of best practice with regard to health. Livewell cooperates with nutritionists, behavioral psychologists, personal trainers, stress experts to stay on top of the latest research and science. In addition, Livewell analyze the usage of the Services, in order toprovide you as a user with the most relevant features of the Services as possible with regard to your personal goals. In analyzing the usage of theServices, Livewell will process certain data for so-called profiling. Profiling means processing of your and other users’ personal data to analyze or predict aspects of your use of the Services, behavior and, location in reaching yourhealth goal. The data processed will be user habits where we will track actions taken by you such as when you move between screens, press buttons and take actions on the Services. The purposes of the profiling is to monitor how engaged users are in different features of our Services, find out ways to make the Service more effective (fit for purpose) and vary the features or content to better match your individual usage patterns and preferences.
The profiling of your data can also be used as the basis for marketing towards other new potential customers on other platforms than the LIVEWELL Services, such as other social media platforms. Please note that this so called look-a-like-process of recruiting new customers does not mean that you will receive any marketing.Nor does it mean that any other third parties will gain access to your data for any other purpose than for LIVEWELL to reach new customers, i.e. third party providers (for example social media) will only process your data on behalf of LIVEWELL as processors, see further under transfer of data below.
Livewell’s processing of your personal data for profiling purposes as described above, does not require any consent as a legal ground to be processed. If this should be the case, i.e. if, under relevant personal data regulation, consent is required for the use as described above, you hereby give your consent to Livewell using your personal data as defined above for profiling, for the purpose of improving the Services and for providing customer support.
Marketing– legitimate interest
Livewell may use your personal data for profiling and marketing purposes via emails, notifications, or other messages, by Livewell or Livewell’s selected business partners. Profiling will be used for marketing purposes to enable personalized and relevant offers to you, based on your preferences, see more above underProfiling.
The use of personal data for marketing purposes will only concern such offers that have a close relation to your use of the Service and the offers will be sent toyou by Livewell; no personal data will be transferred to third parties for marketing purposes. This processing is based on a legitimate interest, on our side the interest to offer you the best possible service, on your side the possibility to be offered relevant products and services relevant to your useof the Service and for third parties to reach you with such offers. In other words we are of the conclusion that consent is not required. If this should be the case, i.e. if, under relevant personal data regulation, consent is requiredfor the use as described above, you hereby give your consent to us using your personal data as defined above.
Opt-outfrom marketing
Incase you do not want Livewell to use your personal data for the purpose of marketing, you may at any time unsubscribe from any further messages by clicking the “unsubscribe” link at the bottom of such a message, orby using such opt-out features as are available in the app settings in theServices.
Cookies
Livewell uses cookies in order to function properly. We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device for a set period of time or until you delete them).
If your internet browser is set and configured to accept cookies, you consent to the use of cookies.
A cookie is a small text file which is created by the websites you visit and may contain information about you as a visitor. These text files are stored on your computer and, for instance, keep you from having to remember your password.Information from cookies may be used to improve the user experience and/or theServices and to target marketing campaigns and offers to our customers.
If you do not accept cookies, you can prevent cookies from being saved on your computer by changing the settings of your web browser. You can also delete cookies which have been previously stored. In such cases, please refer to the help section of your internet browser. If you choose not to accept cookies, you can still use our Services, but their functionality may be somewhat limited.
Access, rectification and erasure of personal data
You have the right to request access to and rectification or erasure of your personal data processed by Livewell. If you wish to exercise these rights, please contact us at https://livewellindo.com/contact. Alternatively, you can also erase your personal data by deleting your account via the Services.
If a request for erasure concerns data that is necessary for Livewell to offer theServices, such requests will have the effect that your account will be terminated at Livewell. However, Livewell may in some instances be able to cease the processing of some personal data for certain parts of the Livewell Services, without you having to terminate the use of the entire Livewell Services. Please see regarding this the sections “Data necessary to provide theServices” and “Opt-out from marketing” above.
Retentionand storage of your personal data
Except where you delete your account, request rectification or erasure for the relevant personal data, or opt out from processing relating to marketing, we generally store and process your personal data for as long as you are a registered user of our Services and have a user account. We will cease storing and processing your personal data if your user account/registration is terminated, if you request rectification or erasure, or opt out from marketing, unless it is necessary for us under the applicable purposes to store or process the relevant personal data for a longer time (e.g. for book-keeping purposes).
Additionally, we periodically review the need to store or delete your personal data if your account has been inactive, which usually occurs after a period of five (5)years after you have been persistently inactive on the Livewell Services. These periodic reviews occur in order to ensure that we do not store your personal data for a longer time than necessary, while also allowing you to return to using your account after a period of inactivity (which according to our experience can be common for some users).
Transferof data
Personal data collected from you may be shared with third-party providers of Livewell that process personal data on behalf of Livewell; such as server hosting providers, data storage providers, companies carrying out system and sales performance monitoring, customer support systems- and payment service providers. These service providers will be considered processors of your personal data.
At times, some of your personal data by may be transferred and processed to processors, as described above, that are established in the United States or other countries (some of which will be outside the EEA). We may also transfer your personal data in the event that our business (or part of it) is sold, for instance as part of a merger or acquisition. Livewell will always apply safeguards to protect your personal data from unauthorized disclosure. In case of transfer of data to third parties that are outside of the EU or EEA and that do not offer an adequate level of data protection, Livewell will apply the EUCommission’s model clauses and/or binding corporate rules, or similar instruments/mechanism, for the safeguarding of integrity and security.
Inno event does Livewell transfer personal data to third parties with the rightfor such parties to use the data other than on behalf of Livewell.
Livewellmay further disclose your personal data in order to comply with a legal or regulatoryobligation, if we reasonably believe that this is required by law, regulationor other legislation, or in order to protect and defend Livewell, our businesspartners or users’ rights and interests, subject always to relevant applicablepersonal data regulation.
Portability
You have the right to receive your personal data which you have provided to Livewell,in accordance with relevant personal data regulation, provided that suchrequest does not adversely affect the rights and freedoms of others.
Complaints
Ifyou have any questions or complaints about our processing of your personaldata, you are welcome to contact us at https://livewellindo.com/contact. Youalso have the right to lodge a complaint with a supervisory authority.
Securityof the personal data we process
Thesecurity and integrity of your personal data are important to us. In additionto complying with applicable relevant personal data regulation, we use acceptedindustry standards, technologies, and procedures, such as firewalls, securitysoftware, etc., in order to protect the integrity of your personal data and toprevent any unauthorized access. However, no system can be 100% secure, anddespite our efforts, there is always a risk of unauthorized access to yourpersonal data. By using our Services, you assume this risk. We also urge you touse a unique and strong password to your user account on the Livewell servicesas well as to protect such password. You should further limit access to yourcomputer and browser and log out after having used the Livewell Services.
Children
Ifyou are under age 13, you are not allowed to submit any personal data throughour Services. Further, we encourage parents and legal guardians to monitortheir children’s Internet use and to help us in enforcing our Privacy Policy byinstructing their children to never provide any personal data through ourService without their permission. If you become aware that a child under theage of 13 has submitted personal data to us, please contact us at https://livewellindo.com/contact.
Changesto our Privacy Policy
Fromtime to time, it may become necessary to make changes to this Privacy Policy.Therefore, we reserve the right to update and/or modify this Privacy Policy atany time by giving notice to you. Please review this Privacy Policy frequently,and especially before you register an account with us. The date of the lastmodification is listed at the bottom of this Privacy Policy.
Contact
Wewill communicate with you by email and notices posted on your mobile device. Ifyou do not wish to receive notices on your mobile device, you can always turnoff this service. Please be aware that if you unsubscribe from our mailing listyou will still be receiving answers to your questions sent to our support butyou will not be receiving promotional emails.
Wewelcome your feedback regarding our Services. If you have any questions orsuggestions regarding our Privacy Policy, please contact us at https://Livewell.com/contact.
Livewell Terms and Conditions
By becoming a member or using our Services, you accept and agree to these Termsand Conditions (“Terms”). Therefore, it is important that you carefully readthrough these Terms. If you do not consent to these Terms, you should notregister with Livewell.
About Livewell
Livewellis a service developed and provided by Livewell. The service is availableonline at, among other places, livewellindo.com, in the iPhone App Store as”Livewell” and the Google Play Store as “Livewell”. Thepurpose of Livewell is to help our users to record what they eat, how theyexercise, and to track their health, weight and fitness progress.
Usingour Services
Touse our Services, you must follow some simple rules. The Service is onlyavailable for your private use and is not intended for commercial use. Do notmisuse the Services, so that either Livewell or anyone else is harmed in anyway. You may only use the Services as permitted by law and these Terms. Byusing our Services, you agree that:
All of the personal data provided by youis accurate and up to date.
You are solely responsible for allactivities on your account and all the content that is uploaded and/or createdunder your Livewell account (“User Material”).
Livewell does not monitor the contentsof the Service, but may at any time choose, at its sole discretion, to removeUser Material from the Service and/or your user account and to terminate youraccount and membership.
Your membership, including your emailand password, with Livewell, is personal and may not be transferred or used by someoneelse. You are responsible for storing your login details in a safe manner. Livewellis not in any way responsible for any loss or damage caused by unauthorizedaccess to your account or use of your login details. If you learn of or suspectany unauthorized use of your account, you must immediately inform Livewell’sCustomer Service. Contact details are available at the bottom of this document.
Livewell is not intended for use bypersons under the age of 13. To use Livewell, you must be at least 13 yearsold.
Violation of any of these Terms willlead to a direct termination of your user account and subscription. If youviolate these terms, you will not get a refund.
You are not allowed to engage in anycommercial activities, advertise and/or provide hints (such as links) on wherecommercial activities are present through our Services.
You must not engage in any unlawfulactivities on the Service, such as (but not limited to) contributing withinformation which in any way contains or involves incitement to racial hatred,defamation, harassment, child pornography or pornography.
You are not allowed to contribute to anypropaganda, religious and/or political views.
If you have any criticism or feedbackregarding Livewell or our Services, to firstly contact Livewell to help us toimprove our Services.
You may not transmit, and/or distributefiles that may damage Livewell or others’ computers or property (such asviruses and trojan horses).
You may not share others’ personalinformation, without their approval.
Your account
Youcan at any time choose to cancel/end your account at your convenience. Pleasenote that uninstalling the mobile application or closing your account will notautomatically stop your subscription — you must actively cancel thesubscription. Please note that if you have subscribed to Livewell through theuse of App Store, Google Play Store or any other such service provider, you canonly cancel your subscription through the use of their services. To find outhow to cancel the subscription and/or your account, please follow theinstructions in the app or on the website. Special terms and conditions applyto Livewell Premium.
Healthand nutritional information
Youare responsible for your own health. Livewell is not a medical organization andwe will not provide you with any medical advice or diagnosis. The purpose ofthe Services is solely to help our users to record what they eat, how theyexercise and to track their health, weight and fitness progress. Informationmade available through the Services and by our partners and affiliates shallsolely be used for recreational and educational purposes. Always consult withyour doctor before starting a diet or fitness program or if you experience anypain or discomfort. Livewell cannot guarantee any health, weight and/or fitnessresults or improvements. Our Services are only intended for healthy adults, andplease do not use our Services if you suffer from, or might suffer from, anymedical condition that may be impaired by diet or exercise. Nutritional informationfound in our database has not been verified, investigated or reviewed by Livewell.Livewell cannot guarantee that the nutritional information provided in ourdatabase is accurate, reliant or complete. Livewell is not responsible for anypersonal injury or any other damages that may have been the result, direct orindirect, of any use or misuse of the Services.
Livewell Premium
Thissection only applies when you purchase and/or subscribe to Livewell Premium orother paid products. By paying the subscription fee, or activating a trialsubscription, you get access to Livewell Premium during the time yoursubscription is valid, subject to these Terms.
Allsubscriptions with Livewell Premium are paid in advance.
Youmay at any time terminate your membership, in which case your membership willstill be valid for the subscription time you have already paid for. If you havesubscribed to Livewell through the use of App Store, Google Play Store or anyother such service provider, using in-app purchase, you can only cancel yoursubscription through the use of their services. Subscription fees can be foundon Livewell’s website (www.Livewell.com) and in the mobile application. Livewellaccepts a variety of different methods of payment, such as PayPal, AppleiTunes, Google Play and credit card payment. Special terms and conditions mayapply. Livewell reserves the right to change the subscription fees from time totime.
You hereby consent to start using the Services immediately upon subscribing with Livewell Premium or other paid products. This means that you will only have 14 days to withdraw from the contract with Livewell from the date you receive confirmation of your subscription via email if you do not start using the Services during that period. To use your right of withdrawal, you must send an email to Livewell (you will find our contact details at the bottom of this document). Any prepaid fees will be refunded within 30 days. All payments handled by Apple, such asin-app purchases, can only be refunded by Apple and with Apple’s consent.
Intellectual property
All rights in and to the Services, including any trademarks, service marks, trade names and copyrighted content (collectively “Intellectual Property”) presented within the Service are the property of Livewell and/or third parties. You agree not to use Intellectual Property for any other purposes except for your use ofthe Service unless required otherwise by applicable mandatory law.
Bysubmitting User Material to Livewell, you warrant and represent that you holdthe copyright, trademark and/or other intellectual property rights to yourcontent. You agree to grant Livewell a non-exclusive, transferable,sub-licensable, royalty-free, worldwide license to use User Material to theextent necessary for Livewell to operate and maintain the Service. This licenseshall remain valid until the respective User Material is deleted from theService by you or by Livewell in accordance with these Terms.
Disclaimerand limitation of liability
Youuse the Service at your own risk. The Service is provided “AS IS,” without anywarranties, and Livewell does not warrant that the Service and availabilitythereof will be uninterrupted or error-free. Livewell does not assume anyresponsibility for errors or omissions in the information or software or otherdocuments, including User Material, which is referenced by or linked to.References or links to third parties’ websites are provided “AS IS”,without warranty of any kind, either express or implied.
Inno event shall Livewell be liable for any indirect or consequential damages,except in cases of intentional misconduct or gross negligence. To the maximumextent permitted under applicable law, Livewell’s aggregated liability for anydirect damages shall be limited to the lesser of: (i) membership fees paid bythe user; (ii) membership fees paid by the user during the previous calendaryear; or (iii) 5 000 SEK.
Miscellaneous
Forthe sake of clarity, Livewell doesn’t undertake the obligation to monitor thecontents of User Material.
You are not entitled to assign your rights and/or obligations under these Terms oruse of the Service to any third party without Livewell’s prior written consent. Livewell is entitled to assign its rights and/or obligations under these Terms.
Livewell reserves the right to refuse the Service to anyone for any reason at any time. Livewell may revise these Terms from time to time and the most current version will always be posted on Livewell’s website (www.livewellindo.com). Any and all material changes shall become into effect between you and Livewell upon your acceptance of such changes (e.g., by using the Services after such notification has been made to you or renewing your subscription).
Governing law and dispute resolution
TheseTerms and the use of the Services are governed by the laws of Indonesia, except for its conflicts of laws principles. All claims arising out of or relating tothese Terms or the Service shall be resolved by the Indonesian public courts,whereby the District Court of Indonesia shall be the court of the first instance.
Contact details
For further information, inquiries or assistance you may contact Livewell. CustomerService is available in ways specified on the website or in the apps. The channels for support might differ from time-to-time.
CONTACT INFORMATION
COMPANY NAME
PT. LIVEWELL INDONESIA SEHAT
ADDRESS
GEDUNG MASINDO, JL. MAMPANG PRPT. RAYA NO.73A
KOA ADM. JAKARTA SELATAN JAKARTA
E-MAIL
[email protected]
