1. Our fundamental principles

• We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
• We store personal information for only as long as we have a reason to keep it.
• We aim for full transparency on how we gather, use, and share your personal information.

2.Information collected by us

We only collect information about you if we have a reason to do so — for example, to provide our services, to communicate with you, or to make our services better. We collect information in three ways: if and when you provide information to us, automatically through operating our services, and from outside sources.

Information you provide to us

• We receive and store any information you enter on our website or provide to us in any other way.
• Registration: In order for you to use VibeCheck.food services you must send us a text (SMS or MMS) message from a mobile phone service. As part of registration, we collect the phone number that sent us the the text message. Our reason for collecting this personal information is to provide our services and to communicate with you with your consent when you register with us.
• User profile: You may enter more information about yourself in order to augment the information we collect from you during registration, such as your name, email address, and various preferences that allow us to better tailor our services to your requirements.
• Payment and Contact Information: If you buy something from us – a subscription to a VibeCheck.food plan, you will provide additional personal and payment information, such as your name, credit card information, and contact information. Please note that we do not store your credit card information, instead relying on a well-known and trusted third-party for payment processing.
• Communications with Us: You may also provide us information when you respond to surveys, communicate with us about a support question, or sign up for a newsletter. When you communicate with us via form, email, phone, or otherwise, we store a copy of our communications.
• You have the right to edit, update, access, transfer, or delete your personal information if you are terminating your account with VibeCheck.food. In some special circumstances you may not be able to terminate your account.

Information collected automatically

• Usage Information: We collect information about your usage of our services. For example, we collect information about the actions that users perform – in other words, who did what, when and to what thing. We also collect information about what happens when you use our services (e.g., page views) along with information about your device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to, for example, provide our services to you, as well as get insights on how people use our services, so we can make our services better.
• Log Information: Like most online service providers, we collect information that web browsers, mobile devices, servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, mobile network information and more. We collect log information when you use our services.
• Location Information: We may determine the approximate location of your device from your IP address or from your phone number when you send us text messages. We collect and use this information to, for example, calculate how many people visit our services from certain geographic regions. We may also collect information about your precise location when, for example, you send us a photograph that has location information encoded in it.
• Information from Cookies & Other Technologies: A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. We use cookies and other technologies like pixel tags to help us identify and track visitors, usage, and access preferences for our services, as well as track and understand email campaign effectiveness and to deliver targeted ads.

Information we collect from third parties

• Third Party Service Providers: We may receive information about you from third party service providers, such as payment processors, that help us operate our services. We may also receive information about you from third party websites, such as your Facebook profile picture, if you choose to connect your Facebook account to our services.
• Third Party Text Messaging Service Providers: We use third party text messaging service providers to send and receive text messages to the number provided by you. These Service Providers may provide additional information to us such as your phone number, location, whether a message was delivered successfully, whether it was read, and other information.

3. Communications

VibeCheck.food will never provide your contact information, such as email address or phone number, to a third party without your explicit permission. VibeCheck.food may send out emails or text messages with news about new product features, training information, surveys, or promotions. You may also receive notification emails or text messages from VibeCheck.food which inform you of actions needed by you. If you do not want to receive communications from us, you may turn off specific emails from your user profile and/or follow the “unsubscribe” instructions contained in each email message and/or unsubscribe from the text messaging service by sending us a text message with the relevant OptOut keyword. However note that in all cases you will continue to receive all system emails (e.g. payment reminders or password reminders) and legal notices (e.g. updates to our policies) from us unless you terminate your account.

4. How we use the information we collect

Purposes for Using Information

We use information about you as mentioned above and for the purposes listed below:

• To provide our services. For example, to send you nutrition analysis that you request, or to set up and maintain your account;
• To further develop and improve our services. For example, by monitoring and analyzing how our users interact with our Services so we can create new features we think our users will benefit from;
• To market our Services and measure and improve the effectiveness of our marketing. For example, we may analyze how many individuals purchased a paid plan after receiving a marketing message or the features used by those who continue to use our services after a certain length of time, and understand and forecast user retention;
• To fix problems with our services. For example, by monitoring, debugging, repairing and preventing issues. Or to protect the security of our services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of VibeCheck.food and others, which may result in us declining a transaction or the use of our services;
• To communicate with you. For example, we may email you to solicit your feedback, share tips for getting the most out of our products, or keep you up to date on VibeCheck.food; text you to verify your payment; or call you to share offers and promotions that we think will be of interest to you. If you don’t want to hear from us, you can opt out of marketing communications at any time. (Please keep in mind that even if you opt out, we’ll still send you important updates relating to your account); and
• To personalize your experience using our services. For example, by using your preferences to automatically populate forms or remembering your language preferences or tailoring our services to your preferences.

5.Sharing Information

How We Share Information

We do not directly sell your personal information to third parties for monetary or other valuable consideration. We may share your personal information with third-party service providers for business purposes necessary to provide our services to you, as described below. These service providers are contractually obligated to use your personal information only to provide services to us and are prohibited from using it for their own purposes.

• Subsidiaries, Employees, and Independent Contractors. We may disclose information about you to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our services or to process the information on our behalf. We require our subsidiaries, employees, and independent contractors to follow this Privacy Policy for personal information that we share with them.
• Third Party Vendors. We may share information about you with third party vendors who need to know information about you in order to provide their services to us. This group includes vendors that help us provide our services to you (like payment providers that process your credit and debit card information, fraud prevention services that allow us to analyze fraudulent payment transactions, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you), those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns), those that help us understand and enhance our services (like analytics providers), and companies that make products available on our websites who may need information about you in order to, for example, provide technical or other support services to you. We require vendors to agree to privacy commitments in order to share information with them.
• Legal and Regulatory Requirements. We may disclose information about you in response to a subpoena, court order, or other governmental request.
• To Protect Rights, Property, and Others. We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of VibeCheck.food, third parties, or the public at large.
• Business Transfers. In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that VibeCheck.food goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
• Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our services and we may share a hashed version of your email address to facilitate customized ad campaigns on other platforms.
• Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish an anonymized version of that request in order to help us clarify or respond to your request or to help us support other users.

6. How Long We Keep Information

We generally discard information about you when we no longer need the information for the purposes for which we collect and use it — which are described in the section above on How and Why We Use Information — and we are not legally required to continue to keep it.

7. Security

While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our services for potential vulnerabilities and attacks.

8. Choices

You have several choices available when it comes to information about you:

• Limit the information that you provide: If you have an account with us, you can choose not to provide the optional account information. You can also limit the information shared via any photos you send, by, for instance, disabling the embedded location information in the photos. You can always opt out of receiving communications from us by following the instructions in the FAQ page on our website.
• Opt out of marketing communications: You may opt out of receiving promotional communications from us. Just follow the instructions in those communications or let us know via email at help@vibecheck.food. You can also opt out of text messaging by sending us a text message with the 'Stop' keyword. If you opt out of promotional communications, we may still send you other communications, like those about your account and legal notices.
• Close your account: While we'd be sad to see you go, you can delete your account by emailing us at help@vibecheck.food.

9. Your Rights

US Privacy Laws Laws in some US states require us to provide residents with additional information about the categories of personal information we collect and share, where we get that personal information, and how and why we use it. You'll find that information in this section (if you are a California resident, please note that this is the Notice at Collection we are required to provide you under California law).

In the last 12 months, we collected the following categories of personal information, depending on the Services used:

Identifiers (like your name, contact information, and device and online identifiers); Commercial information (your billing information and purchase history, for example); Characteristics protected by law (for example, you might provide your age or gender as part of a research survey or to personalize your experience); Internet or other electronic network activity information (such as your usage of our Services); Geolocation data (such as your location based on your IP address or from your phone number or embedded in photos you choose to share with us); Audio, electronic, visual or similar information (such as your profile picture, if you uploaded one);

In some US states you have additional rights subject to any exemptions provided by your state's respective law, including the right to:

Request a copy of the specific pieces of information we collect about you and, if you're in California, to know the categories of personal information we collect, the categories of business or commercial purpose for collecting and using it, the categories of sources from which the information came, and the categories of third parties we share it with; Request deletion of personal information we collect or maintain; Request correction of personal information we collect or maintain; Opt out of the sale or sharing of personal information; Receive a copy of your information in a readily portable format; and Not receive discriminatory treatment for exercising your rights.

Appeals Process for Rights Requests Denials In some circumstances we may deny your request to exercise one of these rights. For example, if we cannot verify that you are the account owner we may deny your request to access the personal information associated with your account. As another example, if we are legally required to maintain a copy of your personal information we may deny your request to delete your personal information.

In the event that we deny your request, we will communicate this fact to you in writing. You may appeal our decision by responding in writing to our denial email and stating that you would like to appeal. In the event that your appeal is also denied this information will be communicated to you in writing.

If your appeal is denied, in some US states you may refer the denied appeal to the state attorney general if you believe the denial is in conflict with your legal rights. The process for how to do this will be communicated to you in writing at the same time we send you our decision about your appeal.

10. Children's Privacy

Our services are not intended for children under the age of 16. We do not knowingly collect or solicit personal information from anyone under 16. If you are under 16, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 16 may provide any personal information to or on VibeCheck.food. In the event that we learn that we have collected personal information from a child under 16 without verified parental consent, we will delete that information promptly. If you believe that we might have any information from or about a child under 16, please contact us at help@vibecheck.food.

11. Contact Us

If you have any questions, comments or requests relating to this Privacy Policy, please send an email to help@vibecheck.food.

12. Controllers and Responsible company

Vibecheck.food is a service provided by Matrix Mills, LLC which is the controller of the personal information collected as described above. Matrix Mills, LLC 75 E 3rd St, Sheridan, WY 82801 Contact email: help@vibecheck.food

13. Changes to this Privacy Policy

VibeCheck.food may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on the VibeCheck.food website so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.

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Versions of these Terms

• November 19th, 2024: Updates for clarity.
• October 16th, 2024: First version, adapted with alterations from Legalmattic.