Questions; Contacting Apex; Reporting Violations. If you have any questions or concerns or complaints about our
please contact us at the following address or email:
Apex Nutrition Calculation Inc
One Commerce Center – 1201 Orange Street, Suite 600
Wilmington, Delaware, 19899
User Consent. By submitting the User Input Data through our Site or Services, you agree to the terms of this
A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Apex and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at [email protected]
YOU ARE HEREBY NOTIFIED THAT YOU ARE UNDER NO OBLIGATION TO PROVIDE USER INPUT DATA, WHICH MAY CONTAIN PERSONAL DATA, TO APEX, HOWEVER, NOT PROVIDING THIS INFORMATION MAY PREVENT YOU FROM USING CERTAIN FEATURES OF THE SERVICES. NOTWITHSTANDING THE FOREGOING, BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT ALL INFORMATION YOU PROVIDE IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING THE USER INPUT DATA, WILL BE COMPLETE AND ACCURATE, AND THAT YOU WILL UPDATE THAT INFORMATION AS NECESSARY TO MAINTAIN ITS COMPLETENESS AND ACCURACY. TO CONFIRM THE COMPLETENESS AND ACCURACY OF, OR MAKE CHANGES TO, YOUR ACCOUNT INFORMATION, PLEASE VISIT YOUR PERSONAL PROFILE. Information You Provide to Us.
We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, as well as your friends and contacts, if you enable access to your contacts and address book information, location and password when you create an account to log in to our network (“Account”). PLEASE NOTE THAT YOU MAY OPT OUT OF THE COLLECTION OF LOCATION INFORMATION BY TURNING OFF THE LOCATION SERVICES SETTING FOR THE APPLICATION IN THE SETTINGS MENU ON YOUR MOBILE DEVICE.
We may collect Anonymous Data from you, such as your birth year or birthday, zip code, country, height, weight, lifestyle and exercise frequency, caloric intake, nutritional statistics, fitness activity, and weight loss/gain history and goals.
If you use our Services on your mobile device, including through our Application, we may collect your phone number and the unique device id number.
When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
Certain Services may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
We retain information on your behalf, such as files and messages that you store using your Account.
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) on any public area of our Site, the information contained in your posting will be stored in our servers and other users will be able to see it, along with any other information that you choose to make public on your public profile page (“Profile”). The information that you provide in your Profile will be visible to others, including anonymous visitors to the Site.
When you post messages on the message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.
We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version and other requested information if you contact us via e-mail regarding support for our Services.
We may also collect Personal Data at other points in our Site and Application that state that Personal Data is being collected.
Information You Provide to Facebook and other Social Networking Sites. The Services allow users to access Facebook
to interact with friends and to share on Facebook through Wall and friends’ News Feeds. If you are already logged
into the Services and Facebook or another SNS, when you click on “Connect with Facebook,” or a similar connection
on another SNS, you will be prompted to merge your profiles. If you are already logged into the Services but not
logged into Facebook or another SNS that we support, when you click on “Connect with Facebook,” or a similar
connection on another SNS, you will be prompted to enter your SNS credentials or to “Sign Up” for the SNS.
By proceeding, you are allowing the Services to access your information and you are agreeing to the Facebook
user of the Services, and you click on “Sign in” using Facebook or another SNS that we support, you will first
be asked to enter your Facebook or SNS credentials and then be given the option to register for the Services.
In this case, we may receive information from Facebook or another SNS to make it easier for you to create an
Account on the Site and show our relevant content from your Facebook or SNS friends. Once you register on the
Site and connect with Facebook or another SNS you will be able to automatically post recent activity back to
Facebook or the other SNS. Any information that we collect from your Facebook or other SNS account may depend
on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices. You have
the option to disable Facebook Connect at any time by logging into your Account through the Site and going to
settings, “About Me,” “Linked Accounts,” and then unselecting “Facebook.” Further, you can edit privacy settings
for the reviews that appear on Facebook, or disconnect your Services activity stream by visiting the Facebook
Applications Settings page.
Information Collected via Technology.
Information Collected by Our Servers. To make our Site, Application and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including, but not limited to, your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, which are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.
How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Site.
Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies”, to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
Analytics Services. We use third party analytics services, including but not limited
to Google Analytics (“Analytics Services”), to help analyze how users use our Site and
Services. We use the information we get from Analytics Services only to improve our Site and Services.
The information generated by the Cookies or other technologies about your use of our Site and Services
(the “Analytics Information”) is transmitted to the Analytics Services. The Analytics
Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer
the Analytics Information to third parties where required to do so by law, or where such third parties process
Analytics Information on their behalf. Each Analytics Service’s ability to use and share Analytics Information
consent to the processing of data about you by Analytics Services in the manner and for the purposes set out
above. For a full list of Analytics Services, please contact us at
Use of Your User Input Data
General Use. In general, User Input Data, including the User Input Data containing Personal Data, you submit to us and that is automatically collected from our Application is used to respond to requests that you make, to aid us in serving you better, and to provide the Services to you. We use your User Input Data, including the User Input Data containing Personal Data, in the following ways:
Creation of Anonymous Data. We may create Anonymous Data records from User Input Data
containing Personal Data by excluding information (such as your name) that makes the data personally identifiable
to you. Such Anonymous Data may include your birth year or birthday, zip code, country, height, weight, lifestyle
and exercise frequency, caloric intake, nutritional statistics, fitness activity, weight loss/gain history and
goals as well as other data. We use this Anonymous Data to analyze request and usage patterns so that we may
enhance the content of our Services and improve Site and Application navigation. We reserve the right to use
Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
Third Parties Designated by You. When you use the Services, the User Input Data, including the User Input Data containing Personal Data, you provide that is automatically collected from our Application will be shared with the third parties that you designate to receive such information, including other websites, your friends, relatives and business associates. Depending on the type of access you grant to such third parties, they may also be permitted to edit the information you have provided to us and to designate others to access and edit such information. You may change your settings at any time as to who has access to your information by going to your account settings and changing your publishing options.
Third Party Service Providers. We may share your User Input Data, including the User Input Data containing Personal Data, with third party service providers to: provide you with the Services that we offer you through our Site and Application; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to Apex. These third party service providers are required not to use your User Input Data, including the User Input Data containing Personal Data, other than to provide the services requested by Apex.
Public Profile. Certain portions of the information you provide to us may also be displayed in your Profile. As an essential element of the Services, most of the User Input Data, including the User Input Data containing Personal Data, you explicitly provide to us when you register or update your Profile is displayed on your Profile. Your photos, posts, friends, and other content you post to the Site and Application are also meant for public consumption. We may display this content on the Site and Application, and further distribute it to a wider audience through third party sites and services. Once displayed on publicly viewable web pages, that information can be collected and used by others. We cannot control who reads your posting or what other users may do with the information that you voluntarily post, so it is very important that you do not put User Input Data, including the User Input Data containing Personal Data, in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the Site and Application, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).
Your Choices Regarding Your Information. You have several choices regarding use of information on our Services:
Cookies. If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided above.
De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook or Google+) linked to your Account, then you may de-link the SNS account in the “preferences” section in your account settings. You may also manage the sharing of certain Personal Data with us when you connect with us through an SNS, such as through Facebook Connect. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.
Changing or Deleting Your User Input Data. All Users may review, update, correct or delete the User Input Data, including the User Input Data containing Personal Data, in their user account by contacting us at [email protected] or by editing their profile via the Service. If you completely delete all of your User Input Data, then your user account may become deactivated, and you may no longer be able to utilize our Services. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
Applications. You can stop all collection of information, including User Input Data, by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Notifications. The Application may contain features enabling push notifications and other forms of notifications which you can customize through the settings menu on your device or, if allowed, in the settings menu of the Application.