Last updated: September 15, 2023
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application means the software program provided by the Company downloaded by You on any electronic device, named HEALTHiES
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Kylie Ross LLC, 13303 S FM 372 Valley view, TX 76272.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Texas, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application or the Website or both.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to HEALTHiES app, accessible from https://healthiesapp.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal and Health Connect Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Apple and Google Health Connect will be used to collect all health data. Personally identifiable information may include, but is not limited to:
First name and last name
- health information including Information generated by the device (i.e. smart watches, heart monitors, Health Connect) that you connect to HEALTHiES app
- fitness/lifestyle activity data provided by you on the platform or generated through the your use of HEALTHiES app (I.e. workouts completed, duration, mileage), including activity data generated by the devices (i.e. smart watches, heart monitors, Health Connect) that you connect to HEALTHiES app
The use of information received from Health Connect will adhere to the Health Connect Permissions policy, including the Limited Use requirements.
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Users may choose to connect a third-party device (like an Apple Watch or fitness tracker) and enable that device to share your fitness activity or health information (e.g., heart rate, steps, water intake) it collects with HEALTHiES app. You can manage what data your device shares with HEALTHiES app at any time within the Apple Health or Google Fit application on your device.
We use the Personal Data you give us to provide HEALTHiES app and the products and services you request, including:
- to create and set up your User Account;
- to complete purchases that you place on HEALTHiES app, including to communicate with you about the orders and to process information for our internal accounting, billing, and audit purposes;
- if you use HEALTHiES app to track your fitness activity, we will collect and store this information so you can review it on HEALTHiES app and track your progress. We may also use this information to calculate further information about your activity so that this can be provided to you as a part of the functionality of HEALTHiES app;
Information Collected while Using the Application
While using HEALTHiES app, in order to provide features of HEALTHiES app, We may collect, with Your prior permission:
- Pictures and other information from your Device's camera and photo library
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device settings.
Tracking Technologies and Cookies
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on TermsFeed website article.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
How/Why we use your Personal Data
Your Personal Data may be used for the following purposes:
1. Provide features of HEALTHiES App and the products and services you request:
We may use the Personal Data you give us to provide HEALTHiES App and the products and services you request, including:
- to create and set up your User Account;
- to assist any orders for services that you place on HEALTHiES App, including to communicate with you about the orders and to process information for our internal accounting, billing, and audit purposes; and
- if you use HEALTHiES App to track your fitness activity (including photos), we will collect and store this information so that you can review it on HEALTHiES App and track your progress.
2. Communicate information about our products and services and for other promotional purposes:
With your consent, or as otherwise permitted by applicable Data Privacy Law, we will use your Personal Data to provide information that we believe is of interest to you, before, during, and after your interactions with us, including marketing communications and news concerning our products, services, events, and other promotions. You can opt-out at any time after you have given your consent to such communications by contacting us at firstname.lastname@example.org. In providing tailored promotional materials to you, we may use the personal information collected through your use of HEALTHiES App, such as the user preferences you set and profile data you submit.
3. Customer service communications:
We use your data to manage our relationship with you as our customer and to improve our services and enhance your experience with us (e.g. to respond to your inquiries when you reach out to us). From time to time, we may also conduct customer surveys to gauge satisfaction with our HEALTHiES App and the services that we provide.
4. Administrative or legal purposes:
We use your Personal Data to operate our business, including for statistical and marketing analysis, systems testing and to diagnose technical and service problems, maintenance and development of HEALTHiES App, or in order to deal with a dispute or claim. We may also perform data analysis based on the data we collect from you for statistical and marketing analysis purposes – for example, we may use information about how users of HEALTHiES App search for and find specific workouts to better understand the best ways to organize and present the content that we offer.
5. Security, health, administrative, crime prevention/detection, and legal purposes:
We may use your Personal Data to verify your information and identity and to protect against, identify, and prevent fraud and other unlawful activities. We may also share your Personal Data with government authorities or enforcement bodies for compliance with legal requirements, or as otherwise required or permitted by applicable Data Privacy Law.
6. Other purposes:
We may also use your Personal Data in other ways, and where we do so, we will provide specific notice at the time of collection and obtain your consent unless otherwise permitted by applicable Data Privacy Law.
- to comply with a legal obligation;
- if it is in our legitimate interests to do so as a business (e.g. for administrative purposes) and to improve the functionality of HEALTHiES App;
- where you have consented to our using your personal data (e.g. for marketing related uses); and
- to protect your vital interests or those of another person (e.g. in case of a medical emergency).
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: email@example.com