ToS and Privacy Policy


Azumio Inc.

Privacy Policy

Version 1.0

9/1/2014

 Azumio Inc. (“Azumio,” “we,” or “us” ) is committed to protecting your privacy.  This Privacy Policy governs your use of any software applications created by Azumio (each, an “Application”) on mobile devices.

  1. User Consent.  By using our Application, you are consenting to our processing of Your Personal Data as set forth in this Privacy Policy now and as amended by us.  “Processing” means using data collected on a computer/hand held device or using or touching information in any way, including but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States.
  2. A Note About Children. We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at support@azumio.com. We will delete such information from our files within a reasonable time.
  3. A Note to Users Outside of the United States.  Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
  4. Types of Data We Collect.  “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.  “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.  We collect Personal Data and Anonymous Data, as described below.

    1. User Provided Data.  Each Application obtains information that you provide when you download and register the Application.  Registration with us is optional.  However, please keep in mind that you may not be able to use some of the features offered by the Applications unless you register with us.  When you register with us and/or use an Application, you generally provide (a) your name, email address, and other registration information; (b) your age and gender; (c) information you provide us when you contact us for help; and (d) information that is entered into our system when you use the Applications, such as your heart rate data (“User Provided Data”).  We may also use the information that you provide to us to contact you from time to time to provide you with important information, required notices and marketing promotions.
    2. Automatically Collected Data.  In addition, the Application may collect certain information automatically, such as the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application. The Application does collect precise information about the location of your mobile device. We may also use Cookies and navigational data like Uniform Resource Locators (“URL(s)”) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed.  “Cookies” are small pieces of information that a website sends to your smart phone while you are viewing a website.  We may use both session Cookies (which expire once you close your browser) and persistent Cookies (which stay on your smart phone until you delete them) to provide you with a more personal and interactive experience on our Sites.  If you choose to disable Cookies, our Applications may not work properly.  Like most companies, we automatically gather the information described above (“Automatically Collected Data”) and store it in log files each time you use the Applications.
    3. Information Collected from Third Party Companies.  We may receive Personal and/or Anonymous Data about you from companies that provide our Applications by way of a co-branded or private-labeled website or companies that advertise their products and/or services through our Applications.  These third party companies may supply us with Personal Data,.  We may add this information to the information we have already collected from you.
    4. Information Collected from Social Networking Sites.  Our Applications may collect Personal and/or Anonymous Data about you from a social networking site (“SNS”), in accordance with the terms of use and privacy policy of the third party provider of such SNS, if you log on with your login credentials from the SNS. We may add this information to the information we have already collected from you.
  1. Use of Your Personal Data
    1. General Use.  In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. Data taken from Apple Healthkit is never sold nor shared with 3rd parties or used for advertising purposes. Ways we use your Personal Data include, but is not limited to:

 

    1. Creation of Anonymous Data.  We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make 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 Applications.  Azumio reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties, including but not limited to our research partners,  in its sole discretion.
  1. Disclosure of Your Personal Data.  We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
    1. Third Party Service Providers.  We may share your Personal Data with third party service providers who work on our behalf.  These third party service providers are required not to use your Personal Data other than to provide the services requested by Azumio.

(b) Affiliates and Acquisitions.  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.  If another company acquires our company, business, or our 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.   In the unlikely event of an insolvency, bankruptcy or receivership, your Personal Data may also be transferred as a business asset.

(c) Other Disclosures.  Regardless of any choices you make regarding your Personal Data (as described below), Azumio 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 Azumio; (c) to protect or defend the rights or property of Azumio or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or any applicable Terms of Use.

 

  1. Third Party Data Collection.
    1. Automatic Data Collection and Advertising.  We may work with analytics companies to help us understand how the Applications are being used, such as the frequency and duration of usage. Free versions of the Applications are supported via advertising, and collect data to help the Applications serve ads.  We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Applications which helps us keep the cost of our Applications low or free. Advertisers and advertising networks use some of the information collected by the Applications, including the unique identification ID of your mobile device; however, advertisers will not have access to any other identifiable Personal Data. These third parties may also obtain information about other applications you have downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., you zip code), and other non-precise location information in order to help analyze and serve anonymous targeted advertising on the Applications and elsewhere.    If you would like to opt-out from third party use of this type of information to help serve targeted advertising, you can stop all collection of information by an Application easily by uninstalling the Application.  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.
    2. Third Party Websites.  When you click on a link to any other website or location, you will leave our Application 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 data after you click on links to such outside websites.
  2. Data Retention Policy; Your Choices Regarding Your Personal Data.  We will retain User Provided Data for as long as you use the Applications and for a reasonable time thereafter.  If you would like us to delete User Provided Data, please contact us at support@azumio.com and we will respond within a reasonable time.  Please note that some or all of the User Provided Data may be required in order for the Applications to function properly, and we may be required to retain certain information by law.
    1. Choices.  We offer you choices regarding the collection, use, and sharing of your Personal Data.
      1. We will periodically send you free newsletters and e-mails that directly promote the use of our Applications.  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 following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Unsubscribe instructions will be included in every email.
      2. Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Privacy Policy.
    2. Changes to Personal Data. You may request deletion of your Personal Data by us by sending an e-mail to the address set forth below, but please note that we may be required to keep this 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 retain your information for fraud or similar purposes.
  3. Security of Your Personal Data.  Azumio is committed to protecting the security of your Personal Data.  We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure.  For example, we limit access to your Personal Data to employees and contractors who need to know that information in order to operate, develop or improve out Application.  Please be aware that, although we endeavor to provide reasonably security for information that we process and maintain, no security system can prevent all potential security breaches. Therefore, while Azumio uses reasonable efforts to protect your Personal Data, Azumio cannot guarantee its absolute security.
  4. Contact Information.  Azumio welcomes your comments or questions regarding this Privacy Policy.  Please e-mail us at support@azumio.com or contact us at the following address:

Azumio Inc.

230 S California Ave #212

Palo Alto, CA 94306

  1. Changes to This Privacy Policy.  This Privacy Policy is subject to occasional revision, and 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 Site and/or deploying an alert within our Applications.  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 Site.  These changes will be effective immediately for new users of our Service.  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.  In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes.  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 Applications, 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.  Please consult our Site regularly for any changes to this Privacy Policy.

AZUMIO TERMS AND CONDITIONS

Valid from 02.28.2017

Thank you for using our products and services (the “Service/s”). By becoming a member or using our Services you accept and agree to these Terms and Conditions (“Terms”). Therefore, it is important that you carefully read through these Terms. If you do not consent to these Terms, you should not register with Azumio.

Using our Services

To use our Services you must follow some simple rules. The Service is only available for your private use and is not intended for commercial use. Do not misuse the Services, so that either Azumio or anyone else is harmed in any way. You may only use the Services as permitted by law and these Terms. By using our Services, you agree that:

All of the personal data provided by you is accurate and up to date.

You are solely responsible for all activities on your account and all the content that is uploaded and/or created under your Azumio account (“User Material”).

Azumio does not monitor the contents of the Service, but may at any time choose, at its sole discretion, to remove User Material from the Service and/or your user account and to terminate your account and membership.

Your membership, including your email and password, with Azumio is personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe manner. Azumio is not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login details. If you learn of or suspect any unauthorized use of your account, you must immediately inform Azumio’s Customer Service. Contact details are available at the bottom of this document.

Azumio is not intended for use by persons under the age of 13. To use Azumio, you must be at least 13 years old.

Violation of any of these Terms will lead to a direct termination of your user account and subscription. If you violate these terms, you will not get a refund.

You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial activities are present through our Services.

You may not contribute with any propaganda, religious and/or political views, or contribute with information which in any way contains or involves incitement to racial hatred, child pornography or pornography through the use of our Services. Further, you may not defame, harass or offend other people through the use of our Services.

If you have any criticism or feedback regarding Azumio or our Services, to firstly contact Azumio to help us to improve our Services.

You may not transmit, and/or distribute files that may damage Azumio or others’ computers or property (such as viruses and trojan horses).

You may not share others’ personal information, without their approval.

Your account

You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription. Please note that if you have subscribed to Azumio through the use of App Store, Google Play Store, Amazon App Store or any other such service provider, you can only cancel your subscription through the use of their services. To find out how to cancel the subscription and/or your account, please follow the instructions in the app or on the website. Special terms and conditions apply to Azumio Premium.

Health and nutritional information

You are responsible for your own health. Azumio is not a medical organization and we will not provide you with any medical advice or diagnosis. The purpose of the Services is solely to help our users to record what they eat, how they exercise and to track their health, weight and fitness progress. Information made available through the Services and by our partners and affiliates shall solely be used for recreational and educational purposes. Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort. Azumio cannot guarantee any health, weight and/or fitness results or improvements. Our Services are only intended for healthy adults, and please do not use our Services if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise. Nutritional information found in our database has not been verified, investigated or reviewed by Azumio. Azumio cannot guarantee that the nutritional information provided in our database is accurate, reliant or complete. Azumio is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Services.

Azumio Premium

This section only applies when you purchase and/or subscribe to Azumio Premium or other paid products. By paying the subscription fee you get access to Azumio Premium during the time your subscription is valid, subject to these Terms.

All subscriptions with Azumio Premium are paid in advance.

You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. If you have subscribed to Azumio through the use of App Store, Google Play Store, Amazon App Store or any other such service provider, using in-app purchase, you can only cancel your subscription through the use of their services. Subscription fees can be found on Azumio’s website (www.azumio.com) and in the mobile application. Azumio accepts a variety of different methods of payment, such as PayPal, Apple iTunes, Google Play, Amazon App Store and credit card payment. Special terms and conditions may apply. Azumio reserves the right to change the subscription fees from time to time.

You hereby consent to start using the Services immediately upon subscribing with Azumio Premium or other paid products. This means that you will only have 14 days to withdraw from the contract with Azumio 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 Azumio (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 as in-app purchases, can only be refunded by Apple and with Apple’s consent. If you would like to contact Apple, please click here. Default in payment shall not be deemed as a termination of a Azumio Premium subscription.

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 Azumio and/or third parties. You agree not to use Intellectual Property for any other purposes except for your use of the Service, unless required otherwise by applicable mandatory law.

By submitting User Material to Azumio, you warrant and represent that you hold the copyright, trademark and/or other intellectual property rights to your content. You agree to grant Azumio a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Material to the extent necessary for Azumio to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by Azumio in accordance with these Terms.

Disclaimer and limitation of liability

You use the Service at your own risk. The Service is provided “AS IS”, without any warranties, and Azumio does not warrant that the Service and availability thereof will be uninterrupted or error free. Azumio does not assume any responsibility for errors or omissions in the information or software or other documents, including User Material, which are 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.

In no event shall Azumio be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, Azumio’s aggregated liability for any direct damages shall be limited to the lesser of: (i) membership fees paid by the user; (ii) membership fees paid by the user during the previous calendar year; or (iii) 5 000 SEK.

Miscellaneous

For the sake of clarity, Azumio, doesn’t undertake the obligation to monitor the contents of User Material.

You are not entitled to assign your rights and/or obligations under these Terms or use of the Service to any third party without Azumio’s prior written consent. Azumio is entitled to assign its rights and/or obligations under these Terms.

Azumio reserves the right to refuse the Service to anyone for any reason at any time. Azumio may revise these Terms from time to time and the most current version will always be posted on Azumio’s website (www.azumio.com). Any and all material changes shall become into effect between you and Azumio 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

These Terms and the use of the Services are governed by the laws of California, except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the Service shall be resolved by the public Swedish courts, whereby the District Court of California shall be the court of first instance.

Contact details

For further information, inquiries or assistance you may contact Azumio. Customer Service is available in ways specified on the website or in the apps. The channels for support might differ from time-to-time.

Contact Information

Azumio, 425 Sherman Ave #110 Palo Alto, CA 94306. info@azumio.com