Last Updated: October 28, 2022
This Privacy Policy describes how we collect, use, process, and disclose your information, including personal information, in conjunction with your access to and use of the Bodbite Platform.
If you see an undefined term in this Privacy Policy (such as “Listing”, “Home Gym Services”, or “Bodbite Platform”), it has the same definition as in our Terms of Service.
When this policy mentions “Bodbite,” “we,” “us,” or “our,” it refers to the Bodbite company that is responsible for your information under this Privacy Policy (the “Data Controller”).
Please see Section 10 for contact details of the Data Controllers above.
There are two general categories of information we collect.
1.1.1 Information that is necessary for the use of the Bodbite Platform. We ask for and collect the following personal information about you when you use the Bodbite Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
1.1.2 Information you choose to give us. You may choose to provide us with additional personal information in order to obtain a better user experience when using Bodbite Platform. This additional information will be processed based on your consent.
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Bodbite Platform, create and maintain a trusted and safer environment and comply with our legal obligations.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Bodbite Account or when you participate in promotional activities conducted by Bodbite partners or third parties.
To help facilitate bookings or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows:
The Bodbite Platform lets you publish information, including personal information, that is visible to the general public. For example:
Bodbite may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) Comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Bodbite, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service or other agreements with Members, or (v) to protect the rights, property or personal safety of Bodbite, its employees, its Members, or members of the public.
Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Bodbite’s property, its Members and the Bodbite Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
Bodbite uses a variety of third party service providers to help us provide services related to the Bodbite Platform. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in Europe, India, Asia Pacific and North and South America.
For example, service providers may help us: (i) verify your contact information, (ii) perform product development, maintenance and debugging, (v) allow the provision of the Bodbite Services through third party platforms and software tools (e.g. through the integration with our APIs), or (vi) provide customer or advertising services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy. Bodbite will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Bodbite Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. The social media platforms with which we may share your personal data are not controlled or supervised by Bodbite. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such a provider. Please note that you may, at any time, ask Bodbite to cease processing your data for these direct marketing purposes by sending an email to bodbite.info@gmail.com.
If Bodbite undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
We may review, scan, or analyze your communications on the Bodbite Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications. These activities are carried out based on Bodbite's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
Parts of the Bodbite Platform use Google Maps/Earth services, including the Google Maps API(s). Use of Google Maps/Earth is subject to Google Maps/Earth Additional Terms of Use and the Google Privacy Policy.
The Bodbite Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Bodbite doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Bodbite, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
You may exercise any of the rights described in this section before your applicable Bodbite Data Controller by sending an email to bodbite.info@gmail.com. Please note that we may ask you to verify your identity before taking further action on your request.
You may access and update some of your information through your Account settings. You are responsible for keeping your personal information up-to-date.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Bodbite Account).
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Bodbite Platform to you, you can request that we erase your personal information and close your Bodbite Account. Please note that if you request the erasure of your personal information:
Where you have provided your consent to the processing of your personal information by Bodbite you may withdraw your consent at any time by changing your Account settings or by sending a communication to Bodbite specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of Bodbite override your own.
In some jurisdictions, applicable law may entitle you to require Bodbite to not process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing, Bodbite will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims. Where your personal information is processed for direct marketing purposes, you may, at any time ask Bodbite to cease processing your data for these direct marketing purposes by sending an email to bodbite.info@gmail.com.
You have the right to lodge complaints about the data processing activities carried out by Bodbite before the competent data protection authorities. If you are an EEA resident, you have the right to file a complaint with its lead supervisory authority, the Information Commissioner's Office.
To facilitate our global operations Bodbite may transfer, store, and process your information within our family of companies or with service providers based in Europe, India, Asia Pacific and North and South America. Laws in these countries may differ from the laws applicable to your Country of Residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes described in this Privacy Policy. Where we transfer, store, and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.
If you are a resident in the EEA and data is shared with corporate affiliates or third party service providers outside the EEA, we have - prior to sharing your information with such corporate affiliate or third party service provider – established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission). We will provide further information on the means to ensure an adequate level of data protection on request.
California law permits Members who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact Us” for where to send such requests. Bodbite does not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Bodbite Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Bodbite Account, please contact us following the instructions in the Contact Us section below.
Bodbite reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Bodbite Platform and update the “Last Updated” date at the top of this Privacy Policy. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Bodbite Platform will be subject to the revised Privacy Policy.
If you have any questions or complaints about this Privacy Policy or Bodbite’s information handling practices, you may contact us at bodbite.info@gmail.com.