Privacy Notice

1. Scope

This Privacy Notice applies to personal information processed by us on Forkd mobile app ("App") and Forkd website available at https://forkdapp.store/ (the "Site"). To make this Privacy Notice easier to read, our mobile app and our related offerings are collectively called "Services."

2. Changes to our Privacy Notice

We may revise this Privacy Notice from time to time in our sole discretion. If there are any material changes to this Privacy Notice, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect. Also, we encourage you to regularly review this Privacy Notice to check for any changes.

3. Personal Information We Collect

The categories of personal information we collect depend on how you interact with us, our Services and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

3.1 Information You Provide to Us Directly

We may collect the following personal information that you provide to us.

1. Account Creation. We may collect information when you create an account, such as your name, email address, and Google or Apple profile information.
2. Eating habits and behaviors. We may collect information about your eating preferences such as products you don't eat, your eating window (first and last meal), total number of meals per day and other data you may provide to us regarding your food habits.
3. Health and body data. We may collect health-related information such as your height, weight, age, sex, activity level, and health goals (e.g. lose weight, maintain weight, build muscle).
4. Meal photos and food logs. We collect photos of food you take or upload for AI-based calorie and nutrition analysis, as well as your meal logs, calorie counts, and macro tracking data.
5. Communications. We may collect personal information, such as email address, when you request information about our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us.
6. Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
7. Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., community forums, social media pages, and other online features). Any information you provide using the public sharing features of the Services will be considered "public," unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.

3.2 Information Collected Automatically

We may collect personal information automatically when you use our Services:

1. Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
2. Cookies and similar technologies. We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies ("Technologies") to automatically collect information through your use of our Services.

4. How We Use Your Information

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

4.1 Provide Our Services

We use your information to fulfil our contract with you and provide you with our Services, such as:

• Managing your information and accounts;
• Providing access to certain areas, functionalities, and features of our Services;
• Answering requests for customer or technical support;
• Communicating with you about your account, activities on our Services, and policy changes;
• Processing your financial information and other payment methods for products or Services purchased;
• Processing applications if you apply for a job we post on our Services; and
• Allowing you to register for events.

4.2 Administrative Purposes

• Pursuing our legitimate interests such as direct marketing, research and development, network and information security, and fraud prevention;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in our Services;
• Improving, upgrading or enhancing our Services;
• Developing new products and Services;
• Ensuring internal quality control and safety;
• Authenticating and verifying individual identities;
• Carrying out audits;
• Communicating with you to provide you with updates and other information relating to our Services and for marketing and promotional purposes;
• Complying with our legal obligations; and
• Other purposes as required or permitted by law.

5. Disclosing Your Information to Third Parties

We may share your personal information with the following categories of third parties:

5.1 Service Providers

We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, hosting, payment processing, customer service, and related services.

5.2 Business Partners

We may provide personal information to business partners with whom we jointly offer products or services.

5.3 Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others' rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

5.4 Business Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

6. Your Privacy Choices and Rights

You have choices regarding your personal information. If you are a resident of the EEA, UK, or Switzerland, you have the following rights:

• Right of Access – the right to request a copy of the personal data we hold about you.
• Right to Rectification – the right to request correction of inaccurate personal data.
• Right to Erasure – the right to request deletion of your personal data.
• Right to Restriction – the right to request that we limit the processing of your data.
• Right to Data Portability – the right to receive your data in a structured, machine-readable format.
• Right to Object – the right to object to processing based on legitimate interests.
• Right to Withdraw Consent – where processing is based on consent, you may withdraw it at any time.

To exercise these rights, contact us at vineetforkd@proton.me. We will respond within 30 days. You also have the right to lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés).

7. Security of Your Information

We take steps to ensure your information is treated securely and in accordance with this Privacy Notice. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

8. Retention of Personal Information

We store the personal information we collect as described in this Privacy Notice for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

9. Children's Information

The Services are not directed to children under 16, and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has provided us with personal information, please contact us. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information.

10. Contact Us

If you have any questions about our privacy practices or this Privacy Notice, please contact us at: