Last Modified: 02/27/2019
Service is the mobile application operated by Azumio Inc.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself.
· Cookies are small files stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (Service
Providers or Third Party)
Data Processor (or Service Provider or Third Party) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Types of Data We Collect
· “Personal Data”
Data that allows someone to identify or contact you, including, for example, your name, address, telephone number, email 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”
Data that is not associated with or linked to your Personal Data. Anonymous Data does not, by itself, permit the identification of individual persons.
· “De-identified Data”
Data that include or encompasses genetic data and cannot be completely anonymous.
· “Usage Data”
We do not use the Application to knowingly solicit data from or market to children under the age of 13 or under the age of 18 for Azumio product features that integrate the Helix platform. 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 firstname.lastname@example.org. We will delete such information from our files within a reasonable time.
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. Azumio product features that integrate with the Helix Platform are only available in the US.
Azumio Inc. may process your Personal Data because:
· We need to perform a contract with you
· You have given us permission to do so
· The processing is in our legitimate interests and it is not overridden by your rights
· For payment processing purposes
· To comply with the law
Each Application obtains information that you provide when you download and register the Application. 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 sex; (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 Usage data or other Personal 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. Important information can range from changes in our terms of service to changes that may affect your data. Users can opt-out of marketing promotions.
Automatically Collected Data
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. We may add this information to the information we have already collected from you.
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) to facilitate the creation of and secure your Account on our network; (2) identify you as a user in our system; (3) improve the quality of experience when you use our Applications; (4) send you a welcome email to verify ownership of the email address provided when your Account was created; (5) send you a welcome email to verify ownership of the email address provided when your Account was created; (6) send you administrative email notifications, such as security or support and maintenance advisories; and (7) to send newsletters, surveys, offers, and other promotional materials related to our Applications and for other marketing purposes of Azumio.
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. This does not include genetic data.
· Third Party Service Providers. We may share your Personal Data and Usage Data with third party service providers who work on our behalf. See Service provider section for more details.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
· Facebook Analytics
Facebook Analytics is an analytics service provided by Facebook Inc. You may opt out of providing data to Facebook Analytics in your application settings. Full instructions can be found at this support article.
We encourage you to review Facebook’s data policy.
For more information on general policies please review Facebook’s Policy Page.
Firebase is an analytics service provided by Google Inc.
We also encourage you to review Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
For more information on what type of information Firebase collects, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Flurry Analytics service is provided by Yahoo! Inc.
You can opt-out from Flurry Analytics service to prevent Flurry Analytics from using and sharing your information by visiting the Flurry's Opt-out page: https://dev.flurry.com/secure/optOut.do
We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.
Google AdSense &
You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/
AdMob by Google is provided by Google Inc.
You can opt-out from the AdMob by Google service by following the instructions described by Google: https://support.google.com/ads/answer/2662922?hl=en
Flurry is provided by Yahoo! Inc.
You can opt-out of the Flurry service and prevent it from using and sharing your information by visiting the Flurry Opt-out page: https://dev.flurry.com/secure/optOut.do
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Pinterest remarketing service is provided by Pinterest Inc.
You can opt-out from Pinterest's interest-based ads by enabling the "Do Not Track" functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
Apple Store In-App Payments
Google Play In-App Payments
PayPal / Braintree
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
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 email@example.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. We offer you choices regarding the collection, use, and sharing of your Personal Data.
· We will periodically send you free newsletters and emails 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 email you receive or by contacting us directly (please see contact information below). Unsubscribe instructions will be included in every email.
· Changes to Personal Data. You may delete your Personal Data by logging in to the www.azumio.com/settings and deleting your account. 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 and or service provider archives. We may retain your information for fraud prevention or other similar purposes.
Azumio is committed to protecting the security of your Personal Data, including your genetic information if you were to use Azumio product features that integrate with the Helix platform. 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 our Application. Please be aware that, although we endeavor to provide reasonable 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.
Last Modified: 2/27/2019
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 agree to these Terms, you should not register with Azumio.
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. To use Azumio product features that integrate with the Helix platform, you must be 18 and over.
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, you will first 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.
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 on the Apple App Store or Google Play Store. 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.
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, reliable 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.
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. The subscription can be cancelled at anytime. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. 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, Stripe, 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 be charged 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. 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. Default in payment shall not be deemed as a termination of an Azumio Premium subscription.
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.
For users of Helix integrated products, please review the consent form here: DNA Product Consent Form
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) 1 000 USD.
For the sake of clarity, Azumio doesn’t undertake the obligation to monitor the contents of User Material. We allow users to see content generated by other users. Sometimes, users may view content that we deem as inappropriate.
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).
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 US courts, whereby the District Court of California shall be the court of first instance.
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.
255 Shoreline Drive, CA 94065