Apex Nutrition Calculation Inc

Privacy Policy

Last Revised: November 30, 2015

This Privacy Policy applies to the Apex Nutrition Calculation Inc’s (“Apex”) website, located at www.mealviser.com, and any other websites which link to this Privacy Policy (the “Site” or the “Sites”), our mobile application (“Application”) and the online services that we provide to users of our website(s) and Application (“Services”). Any terms capitalized but not otherwise defined herein shall have the respective meanings set forth in the Apex  Terms of Use.

BY USING THE SITE AND/OR APPLICATION AND SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MAY NOT USE THE SITE(S) AND/OR APPLICATION AND SERVICES.

Questions; Contacting Apex; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or email:
Apex Nutrition Calculation Inc
One Commerce Center – 1201 Orange Street, Suite 600
Wilmington, Delaware, 19899
[email protected]

User Consent. By submitting the User Input Data through our Site or Services, you agree to the terms of this Privacy Policy, and you expressly consent to the collection, use and disclosure of your User Input Data in accordance with this Privacy Policy.
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]
A Note to Users Outside of the United States. IF YOU ARE A NON U.S. USER OF THE SERVICES, BY VISITING THE SITE AND/OR BY USING THE APPLICATION AND PROVIDING US WITH DATA, YOU ACKNOWLEDGE AND AGREE THAT YOUR USER INPUT DATA, WHICH MAY CONTAIN PERSONAL DATA, MAY BE PROCESSED FOR THE PURPOSES IDENTIFIED IN THE PRIVACY POLICY. IN ADDITION, YOUR USER INPUT DATA, WHICH MAY CONTAIN PERSONAL DATA, MAY BE PROCESSED IN THE COUNTRY IN WHICH IT WAS COLLECTED AND IN OTHER COUNTRIES, INCLUDING THE UNITED STATES, WHERE LAWS REGARDING PROCESSING OF PERSONAL DATA MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY. BY PROVIDING YOUR USER INPUT DATA, YOU CONSENT TO SUCH TRANSFER.
Types of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Personal Data” includes the information that is automatically collected when you use our Services by creating an Account, as defined below, through the Site or via the Application and submitting information through the Site and/or the Application. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. Through the User Input Data, as defined in the Apex Terms of Use, we collect Personal Data and Anonymous Data, as described below.
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 or other SNS’s Terms of Use in your use of the Services. Conversely, if you are not currently registered as a 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.
Log Files. As is true of most websites and applications, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, clickstream data, and User Input Data. We use this information to provide the Services, analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
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.
Collection of Data by Advertisers. We may also use third parties to serve ads on the Site and Application. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Site (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. Furthermore, Mobile Device Data may be used to deliver relevant metrics, content, and advertising via the Application. This policy does not apply to, and we are not responsible for, Cookies, Pixel Tags or other technologies used in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies, Pixel Tags and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices or http://www.networkadvertising.org.
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 is restricted by such Analytics Service’s Terms of Use and Privacy Policy. By using our Site and Services, you 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 [email protected]
Transfer of Apple’s HealthKit Data. In the future we may enable the transfer of information to/from HealthKit and you will be able to choose to connect and share your Apex information with HealthKit and your HealthKit information with Apex. The information you provide to HealthKit is then governed by the Apple Terms and Conditions and Privacy Policy. The unique information you choose to send from HealthKit is not used by Apex for marketing and advertising or transferred by Apex to third parties for marketing and advertising.

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.
Disclosure of Your User Input Data. We disclose your User Input Data as described below and as described elsewhere in this Privacy Policy.
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.
Affiliates. We may share some or all of your User Input Data, including the User Input Data containing Personal Data, with our parent, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.
Corporate Restructuring. We may share some or all of your User Input Data, including the User Input Data containing Personal Data, in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, User Input Data, including the User Input Data containing Personal Data, may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the User Input Data, including the User Input Data containing Personal Data, collected by us and will assume the rights and obligations regarding your User Input Data, including the User Input Data containing Personal Data, as described in this Privacy Policy.
Social Networking Sites. Some of our Applications and Services may enable you to post content to SNSs (e.g., Facebook or Google+). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.
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).
Other Disclosures. Regardless of any choices you make regarding your User Input Data, including the User Input Data containing Personal Data, Apex may disclose User Input Data, including the User Input Data containing Personal Data, if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Apex; (c) to protect or defend the rights or property of Apex or its users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.
Third Party Websites. Our Site and Application may contain links to third party websites and applications. When you click on a link to any other website or location, you will leave our Site or Application and go to another site or application and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites and applications or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites and applications or their content, or to any collection of your Personal Data after you click on links to such outside websites or applications. We encourage you to read the privacy policies of every website and application you visit/use. The links to third party websites and applications or locations thereof are for your convenience and do not signify our endorsement of such third parties or their products, content, websites or applications.
Your Choices Regarding Your Information. You have several choices regarding use of information on our Services:
Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Site, Application or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information above). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy. Furthermore, by finding and connecting with your friends and other members, you may receive electronic communications, including email and personal messages from other Apex members. You can manage the messages you receive from other members by changing the messaging preferences in your account on the Site or via the Application.
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.
Changes to This Privacy Policy. This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your User Input Data, including the User Input Data containing Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site or in the Application. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site or in the Application. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your User Input Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your User Input Data, including the User Input Data containing Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Site, Application or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. PLEASE REGULARLY CHECK THE WEBSITE AND APPLICATION TO VIEW THE THEN-CURRENT PRIVACY POLICY.

End of Privacy Policy