Privacy Policy

This Privacy Policy applies to Bodacious Club, our iOS mobile application (our “App”). In the below policy, we inform you about the scope of the processing of your Personal Data.

GENERAL INFORMATION

a) What law applies?

In principle, we will only use your personal data in accordance with the applicable data protection laws, in particular the UK’s Data Protection Act (“DPA”) and the EU counterpart the General Data Protection Regulation (“GDPR”).

b) What is Personal Data?

Personal Data is any information relating to personal or material circumstances that relates to an identified or identifiable individual. This includes, for example, your name, date of birth, e-mail address, postal address, or telephone number as well as online identifiers such as your IP address and device ID.

c) What is Special Category Data?

Special category data is Personal Data that needs more protection because it is sensitive. This includes Personal Data that, among others, concerns your health. In order to lawfully process Special Category Data, it is necessary to consent to the processing.

d) What is processing?

"Processing" means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.

e) Responsible for data processing

The responsible party within the meaning of the DPA and the GDPR is Bodacious Club Ltd of 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (“Bodacious Club”, “we”, “us”, or “our”). If you have any questions or if you wish to exercise your rights, please feel free to email firminovctr@gmail.com.

TECHNICAL DATA

a) Downloading and installing the App

The App can be downloaded from the Apple “App Store” a service of Apple Inc. Downloading it may require prior registration with the App Store and/or installation of the Apple store software. As far as we are aware, Apple collects and processes the following data: device identifiers, IP addresses, location information, it cannot be excluded that Apple also transmits the information to a server in a third country. We cannot influence which personal data Apple processes with your registration and the provision of downloads in the respective app store and app store software. The responsible party in this respect is solely Apple as the operator of the Apple App Store.

b) Device information

Apple may collect information from and about the device(s) you use to access the App, including hardware and software information such as IP address, device ID and type, device-specific and App settings and properties, App crashes, advertising IDs (AAID), information about your wireless and mobile network connection such as your service provider and signal strength; information about device sensors such as accelerometer, gyroscope, and compass.

c) Authorizations and Access

We may request permission to access your Internet Connection and Network, health data from Apple health and camera and gallery access. The legal basis for data processing is our legitimate interest and the provision of contractual or pre-contractual measures. You can deny access on your device via the Settings/Notifications/ options of your device; however, this means that our App may not function as intended.

d) Push messages

When you use our App, you will receive so-called push messages from us, even if you are not currently using our App. These are messages that we send you as part of the performance of the contract. You can adjust or stop receiving push messages at any time via the device settings of your device. Insofar as you consent to the use of push messages, consent is the legal basis for the processing.

e) Subscriptions

When you take out a subscription, we (RevenueCat on our behalf) may collect the following data from you to process the purchase: a) Apple User ID, b) Email address, c) Payment confirmation from the payment data collected by RevenueCat; and d) Device IP and device serial number to link the story history to the device.

f) Advertising

Our App uses the Google Admob service to display ads. Ads are personalised based on the device you are using. You can disable this via the settings on your device. Google may use the advertising ID of your device, as well as cookies and/or similar technologies, to collect personal data for the purpose of generating and displaying personalised advertising. More detailed information about what data Google collects and how it is processed can be found here. Advertisers and Google also may collect information about your activity in our App, on devices associated with you, and on third-party sites and applications using tracking technologies. Tracking data collected by these advertisers and third parties is used to decide which ads you see both on our App and on third-party sites and applications. If you do not wish to participate in our advertising personalisation or retargeting/tracking you can object to behavioural advertising at the following websites: Your Online Choices, Digital Advertising Alliance of Canada, Network Advertising Initiative or AdChoices. In addition, you may also choose to control targeted advertising you receive within applications by using the settings and controls on your devices.

g) Firebase

We use the Google Firebase developer App and related features and services provided by Google. We use the following Google Firebase services in our App: a) Firebase Analytics, b) Firebase Crashlytics, c) Firebase Cloud Messaging for Push Notifications. By integrating Google services, Google may collect and process information (including personal data). It cannot be excluded that Google also transfers the information to a server in a third country. We cannot influence which data Google collects and processes. Firebase's key security and privacy information can be found here: https://firebase.google.com/support/privacy The legal basis is the implementation of the user contract for the use of our App.

h) Crashlytics

The app uses the tool Crashlytics to log crashes of our App. No personal data is transmitted. Only real-time crash reports with precise details of code locations and device information are sent, which is intended to simplify maintenance and improve the resulting stability of our App. The legal basis for data processing is our legitimate interest. In the settings under data services, you can select whether you want to send crash reports or not.

i) Google Analytics for Firebase

Our App uses the web analytics service Google Analytics for Firebase, which uses tracking technologies to track your use of our App. In this respect, information is generated about, among other things, the number of users and their sessions, the session duration, the operating system used by the users, their device model, the region from which our App is accessed, the first start of our App, our App execution and any updates. In order to provide the relevant data for analysis, Firebase Analytics uses your: a) device's advertising ID, b) an App instance ID (a randomly generated number that identifies a single app installation), c) and the IP address, which is shortened (IP masking) before being processed on Google's servers (which may be located outside the EEA) to generate the usage analysis. You can object to the use of Firebase Analytics at any time by disabling the sending of usage statistics in your device settings (Reset Advertising ID). We have no influence on these data processing operations. The basis for processing is our legitimate interest and your consent.

DATA PROCESSING BY US

a) Contacting us

Personal data is processed depending on the contact method. In addition to your name and email address, IP address or phone number, we usually collect the context of your message, which may also include certain Personal Data. The personal data collected when you contact us is used to process your request and the legal basis is your consent.

b) Providing our services

The protection of your data is particularly important to us in the performance of our services. We therefore only want to process as much Personal Data (for example, your name, address, e-mail address or telephone number) as is absolutely necessary. Nevertheless, we rely on the processing of certain Personal Data, to fulfil our contractual obligations to you or to carry out pre-contractual measures.

c) Registration

If you register, we will request mandatory and, where applicable, non-mandatory data in accordance with our registration form including your name, email address. The entry of your data is encrypted so that third parties cannot read your data when it is entered. Your data will remain stored for as long as the registration lasts, in particular if the storage is necessary for the fulfilment/execution of the contract, to enforce our rights or for our other legitimate interests or we are required by law to retain your data (e.g., within the framework of tax retention periods). Alternatively, you are able to sign up using the convenience login and sign up from Google and Apple. For both login and sign up, you will be asked to provide your basic information (i.e., name, email address, and display picture) linked to your account. When registering via a connect function, you agree to Google’s and Apple’s terms and conditions and consent to certain data from your Google/Apple account being transferred to us. The legal basis is your consent and the establishment and implementation of the user contract for the use of our App.

d) Profile

As a registered user, you have the opportunity to create a user profile with just a few clicks and details and the relevant profile data you provide will be posted on your profile. The details you provide may include your goals, diet restrictions, weight, height, name, email, date of birth, activity level, gender, and your location. Of course, you can change the information at any time via the settings in your profile. You have choices about the information on your profile. It’s your choice whether to include sensitive information on your profile and to make that sensitive information public. Please do not post or add Personal Data to your profile that you would not want to be available. The legal basis for the processing of your Personal Data is the establishment and implementation of the user contract for the use of our App.

e) Using our App

If you wish to use our App and its dieting features, we process the Personal Data you voluntarily provide for the purpose of providing our App. Some of the Personal Data you provide may be considered “special” or “sensitive”. This includes Personal Data concerning for example your health. By choosing to provide this data, you consent to our processing of that data. You have choices about the data you provide and how you share it. You don’t have to provide Personal Data or Special Category Data. It’s your choice whether to include Personal Data or Special Category Data and to make that information available to us. Please do not share information that you would not want to be available. The legal basis for the processing of your Personal Data and Special Category Data is the establishment and implementation of the user contract for the use of the service as well as your consent. Of course, we also process your chats and communications with our AI using the services of OpenAI as well as the information you share with any of our listed dieticians, for the purpose of providing our services to you. In addition to the information, you may provide us directly, we receive information about you from others. Users may provide information about you as they use our App, for instance as they interact with you. The legal basis is the fulfilment of the user contract for the use of the platform as well as your consent. We also share some users’ information with service providers and partners who assist us in operating our App. You share information with other users when you voluntarily disclose information on the service (including your profile). Please be careful with your information and make sure that the content you share is stuff that you’re comfortable being visible. The legal basis for the data processing is the fulfilment of our contractual obligations and, in individual cases, the fulfilment of our legal obligations as well as your consent. In addition to the information you provide to us directly, we receive information about you from others, including other users who provide us with information about you when they use our App. For example, we may receive information about you from other users when you contact them about us. We also collect information about your activities on our App, such as how you use them (e.g., the date and time you logged in, features you used, searches you performed, clicks and pages you were shown, content you clicked on) and how you interact with other users (e.g., users you connect and interact with, the time and date of your exchanges). The legal basis is the fulfilment of the user contract for the use of the platform as well as your consent.

f) RevenueCat

For the management and analysis of in-app purchases, the App uses the product RevenueCat from RevenueCat. You consent to the collection of data by the App and its transmission to RevenueCat. If the storage of the provided data by the third-party provider is not desired, the use of the App is to be refrained from.

g) Administration, financial accounting, office organisation, contact management

We process data in the context of administrative tasks as well as organisation of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.

h) Artificial Intelligence Act Compliance

As our App uses the services of OpenAI we have in accordance with the upcoming Artificial Intelligence Act ("EU AI Act") taken the following steps: (i) assessed the risks associated with our App (Limited risk), (ii) raise awareness, (iii) designed our App on ethical principles, (iv) assigned responsibility over our App to our CEO, (v) continue to develop our App and keep it up-to-date, and (vi) established formal governance.

GENERAL PRINCIPLES

a) Sharing

We will not disclose or otherwise distribute your Personal Data to third parties unless this is a) necessary for the performance of our services, b) you have consented to the disclosure, or c) the disclosure of data is permitted by relevant legal provisions. In addition, we may disclose your Personal Data: in connection with law enforcement, fraud prevention, or other legal proceedings; as required by law or regulation; if Bodacious Club (or a part of Bodacious Club) is sold to or merged with another company; or if we have reason to believe that disclosure is necessary to protect Bodacious Club.

b) International Transfer

We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organisational measures to protect the Personal Data we transfer.

c) Data Security

Our data processing is subject to the principle that we only process the Personal Data that is necessary for the use of our services. In doing so, we take great care to ensure that your privacy and the confidentiality of all Personal Data are always guaranteed. Nonetheless, databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised, and the notice will be accompanied by a description of the action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.

YOUR RIGHTS AND PRIVILEGES

a) Privacy rights

You can exercise the following rights: Right to information, Right to rectification, Right to deletion, Right to data portability, Right of objection, Right to withdraw consent, Right to complain to a supervisory authority, Right not to be subject to a decision based solely on automated processing. If you wish to exercise any of your rights, please contact us.

b) Updating your information and Withdrawing your consent

If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.

c) Access Request

In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the respective legal regulations mentioned above).

d) What we do not do

We do not request Personal Data from minors and children; We do not use Automated decision-making including profiling; and We do not sell your Personal Data.

e) Complaint to a supervisory authority

You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. The supervisory authority in the UK is The Information Commissioner's Office (ICO) (www.ico.org.uk). However, we would appreciate the opportunity to address your concerns before you contact the ICO.