Privacy Policy - Screenwise YumEats
Last Updated: October 2024
This privacy policy governs the mobile application "Screenwise YumEats" (the "Application") provided by Screenwise Eating LLC. This privacy policy details how Screenwise Eating LLC may collect, use, store, and/or share your information when you access or use the Application.
Parties
(1) Screenwise Eating LLC, a limited liability company organized under the laws of the State of Pennsylvania, with its principal place of business at 4432 Vera Cruz Road, Center Valley, Pennsylvania, 18034.
(2) The user accessing or using the "Screenwise YumEats" mobile application (the "Application"). For users under 18 years of age, references to "user" in this Privacy Policy include such user's parent or guardian.
Background
(A) Screenwise Eating LLC has developed a mobile application called “Screenwise YumEats" (the "Application"). The Application is designed to help children develop healthy eating habits through games and incentives that encourage bites to be taken at a specified pace.
(B) The Application is intended for use by children under parental supervision. It collects certain personal information about children who use the Application, including date of birth, gender, height, weight, and information about any eating challenges or disabilities.
(C) The Application also tracks eating metrics for children using the Application, such as meal duration, volume consumed, total bites taken, bite volume and the chewing intervals selected in the Application's settings. This data is collected to track each child's progress in developing better eating habits and to provide personalized recommendations regarding chewing speed and the appropriate progression level for each child.
(D) All personal information and usage data collected through the Application is anonymized using a randomized identification number and stored in an encrypted format for security purposes. Screenwise Eating LLC uses Microsoft Azure cloud computing services to maintain the database for the Application.
1. Definitions
1.1. "Application" means the "Screenwise YumEats" mobile application created by Screenwise Eatingg LLC.
1.2. "Personal Information" means information that directly or indirectly identifies an individual user, including but not limited to name, date of birth, gender, height, weight, health-related information, eating metrics, and usage data.
1.3. "Usage Data" means data collected automatically either generated as a result of the use of the Application or sent by the Application, relating to how the Application is accessed and used. This may include data such as a user's device location, clicks and actions within the Application.
1.4. "User" or "You"refers to the individual accessing or using the Application. For individuals under the age of 18, "User" or "You" refers to the Parent or Guardian of the child using the Application.
1.5. "Children" means individuals under the age of 18.
1.6. "Cookies" means small files stored on a user's computer, tablet or mobile device by the Application.
1.7. "Service Provider" means any third party companies that Screenwise Eating LLC engages to provide services related to the Application, such as cloud computing services.
2. Scope of Collection
2.1. The Application collects certain personal information from Users, including:
(a) Date of birth, gender, height, weight;
(b) Information about any eating challenges or disabilities;
(c) Eating metrics such as meal duration, volume consumed, total bites taken, and bite volume; and
(d) Chewing intervals and progression selections made through the Application's settings.
2.2. The Application also collects usage data from Users, including:
(a) Logged sessions and time spent using the Application; and
(b) Aggregate usage data to improve features and functionality of the Application.
2.3. Personal information is collected directly through the user interface of the Application.
2.4. An anonymous, randomized ID is assigned to each User for data collection and storage purposes.
2.5. No social security numbers, financial account information, geolocation data or sensitive health information is collected.
2.6. As the Application is intended for use by children under the age of 13, verifiable parental consent is required under COPPA for the collection of personal information from children.
3. Use of Information
3.1. The personal information and usage data collected through the Application will be used to track each child's progress in developing healthy eating habits and to provide personalized recommendations regarding chewing speed and the appropriate progression selection for the child.
3.2. Analytics of overall usage data from the Application, including but not limited to the number of sessions, time spent using features, and other metrics, will be used to help improve and enhance the features and functionality of the Application.
3.3. Personal information and usage data collected through the Application will not be used for any marketing purposes or shared with any third party advertisers.
3.4. The collection and use of personal information and usage data as described in this Privacy Policy is necessary for the basic functioning and intended purpose of providing the Application's services to users.
4. Sharing of Information
4.1. Sharing with Service Providers. We may share Users' Personal Information with certain third party service providers that help provide features and functionality for the Application, such as Microsoft Azure for database and cloud services. We require all such service providers to agree to maintain the confidentiality and security of Personal Information they receive from the Application consistent with this Privacy Policy.
4.2. Sharing with Parents/Guardians. For Users who are children, we may share their Personal Information and Usage Data with their parent or legal guardian.
4.3. Aggregated, Anonymized Data. We may share aggregated, de-identified Usage Data with third parties for research and analytics purposes that does not identify individual Users.
4.4. Legal/Safety Reasons. We may also share Personal Information to comply with a legal obligation, to enforce or apply our terms and conditions and other agreements, or to protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
4.5. Corporate Events. We may share Personal Information as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another organization, in which case we will request the party or parties involved in the transaction agree to treat Personal Information consistently with this Privacy Policy, unless the User consents otherwise.
5. Data Retention
5.1. Screenwise Eating LLC will retain personal information and usage data collected through the YumEats application for no longer than reasonably necessary to fulfill the purposes described in this Privacy Policy.
5.2. Personal information and usage data may be retained for longer periods if required by applicable law or legal obligations (such as if needed for litigation or auditing purposes).
5.3. After the retention period specified in clause 5.1, Screenwise Eating LLC may retain usage data in aggregate or de-identified form for product analysis and improvement purposes.
5.4. A parent can request the deletion of their child's personal information and usage data at any time by contacting Screenwise Eating LLC through the means described in the "Contact Information" section. Upon receipt of a verified request for deletion, Screenwise Eating LLC will delete the personal information and usage data as promptly as possible, subject to clauses 5.2 and 5.3.
6. Data Security
6.1. Screenwise Eating LLC shall implement appropriate technical and organizational measures to protect any personal information collected through the Application against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. Such measures shall provide a level of security appropriate to the risk represented by the processing and the nature of the personal information to be protected.
6.2. Personal information and usage data collected through the Application shall be encrypted at rest using AES-256 encryption and encrypted in transit using TLS.
6.3. The Application shall use secure authentication methods such as randomized identification numbers to authenticate authorized access to personal information.
6.4. Internal access to personal information shall be limited only to employees or contractors of Screenwise Eating LLC who require such access to perform their job duties.
6.5. As the infrastructure used to store personal information collected through the Application is provided by Microsoft Azure cloud services, Screenwise Eating LLC shall benefit from Azure's regular security audits and assessments to ensure compliance with security standards and practices.
6.6. Microsoft Azure's security features such as DDoS protection, advanced threat detection through Azure Security Center and cloud-native SIEM through Azure Sentinel shall help safeguard the technical infrastructure hosting any personal information collected through the Application.
7. Data Access and Accuracy
7.1. Right to access data. Users have the right to access any personal information collected about them through the Application. Upon request from a User, Screenwise Eating LLC will provide a copy of all personal information held about that User within 30 days.
7.2. Right to correct or delete data. Users have the right to request corrections or deletions of any inaccurate or incomplete personal information held about them by Screenwise Eating LLC. Upon request from a User, Screenwise Eating LLC will correct or remove any inaccurate data as soon as reasonably possible and within 30 days.
7.3. Verification of requests. Screenwise Eating LLC reserves the right to take reasonable steps to verify the identity of any User making a request under Clauses 7.1 or 7.2 before providing data access or making corrections. This is to protect user privacy and security.
7.4. Parental access. As the Application collects personal information about minor children, a parent or legal guardian of a child User may access or correct any personal information about that child by contacting Screenwise Eating LLC. Screenwise Eating LLC reserves the right to take reasonable steps to verify the identity and parental status of any person making such a request.
7.5. Limitations. Screenwise Eating LLC reserves the right to decline any request under Clauses 7.1, 7.2 or 7.4 where granting the request could compromise the privacy or security of other Users.
8. Parental Access
8.1. The Application is intended for use by children under the age of 18.
8.2. Screenwise Eating LLC does not knowingly collect personal information from children under the age of 18 without verifiable parental consent.
8.3. Parents have the right to request access to any personal information collected about their child through the Application.
8.4. To request access, a parent must contact Screenwise Eating LLC via email at screenwiseeating@gmail.com or mail to 4432 Vera Cruz Road, Center Valley, Pennsylvania, 18034, and provide consent from the registered email address associated with their child's account.
8.5. Upon verifying the request, Screenwise Eating LLC will provide the parent access to all personal information collected about their child through the Application, including usage data and analytics.
8.6. Parents also have the right to request updates or deletion of their child's personal information. To do so, the parent must contact Screenwise Eating LLC using the methods in clause 8.2, specifying the information to be updated or deleted.
8.7. When providing a parent with their child's personal information, Screenwise Eating LLC will remove any details that could be used to directly identify or contact the child, such as the child's name or contact information.
8.8. Parents or guardians should monitor their children’s online activities, including their use of the Application, and instruct their children to never provide personal information without their consent.
9. Cookies and Tracking Technologies
9.1. The Application may use cookies or similar tracking technologies to enhance the user experience.
9.2. Cookies are small files that are stored on your device when you use the Application. They help us understand how the Application is being used and allow us to improve the Application's functionality.
9.3. Users can manage their cookie preferences through their device settings.
9.4. If you choose to disable cookies, you may still use the Application, but some features may not function properly.
10. Policy Changes
10.1. Right to Update. Screenwise Eating LLC reserves the right to update this Privacy Policy at any time in order to reflect any changes to the way the Screenwise Eating LLC processes and handles the personal information and data of users of the Application.
10.2. Notice of Changes. If the Screenwise Eating LLC decides to change this Privacy Policy, it will post the updated version on the Application with a new effective date. The Screenwise Eating LLC may also decide to provide additional notice to users, for example via email notification or an in-app message, about any material changes to how it collects or uses personal information.
10.3. Continued Use Constitutes Acceptance. A user's continued use of the Application after a posted Privacy Policy change will constitute the user's acceptance of the updated policy.
10.4. COPPA Compliance. Any changes the Screenwise Eating LLC makes to its data collection, use or sharing practices in relation to personal information from child users under the age of 13 will continue to comply with the Children's Online Privacy Protection Act (COPPA) and other applicable laws, including providing parental notice and consent where required.
11. International Users
11.1. Applicable Law and Jurisdiction. This Privacy Policy shall be governed by the laws of the United States. You consent to the exclusive jurisdiction and venue of courts in the State of Pennsylvania in all disputes arising out of or relating to the use of the Application.
11.2. International Data Transfers. Your personal data collected through the Application may be stored and processed in the United States or any other country where Screenwise Eating LLC or its affiliates, subsidiaries or service providers maintain facilities.
11.2.1 We will take all steps reasonably necessary to ensure that your data receives an adequate level of protection in the jurisdiction in which it is processed.
11.2.2 Transfers of your personal data from the European Economic Area to countries outside of the EEA, such as the United States, will be protected by appropriate safeguards, such as the use of standard data protection clauses adopted or approved by the European Commission.
11.3. Changes to this Section. We may revise this Section 11 of the Privacy Policy in our sole discretion. Any changes will be effective upon posting of the revised Privacy Policy.
12. Contact Information
12.1. Screenwise Eating LLC can be contacted at 4432 Vera Cruz Road, Center Valley, Pennsylvania, 18034, or screenwiseeating@gmail.com.
12.2. Users can contact Screenwise Eating LLC via email, postal mail or phone regarding any queries about this Privacy Policy, the personal information collected, how data is used or to exercise their rights under applicable privacy laws.
12.3. All requests and queries received by Screenwise Eating LLC will be responded to within 30 days of receipt or a reasonable time period based on the nature and complexity of the request. Requests requiring a longer response time will be acknowledged with an expected response date.
12.4. All communications between Screenwise Eating LLC and users will be kept on record for as long as necessary to resolve the query or as required under applicable privacy laws.
13. Third Party Links
13.1. Screenwise Eating LLC may provide links to third party websites or services from within the Application.
13.2. Screenwise Eating LLC does not share any personal information or usage data collected through the Application with any third parties, except as necessary to integrated payment services to process payments with parental consent.
13.3. Any personal information or other data submitted by users directly to third party websites or services will be subject to the privacy policies and practices of those third parties, not the privacy policy of Screenwise Eating LLC.
13.4. By using any third party links or services, with parental consent, users acknowledge and agree that personal information may be shared with such third parties as necessary for use of their services.
13.5. Screenwise Eating LLC uses reasonable efforts to ensure that any third party services linked to are compliant with COPPA and have appropriate security and privacy measures in place for data collected from children.
14. Termination
14.1. Right to terminate account. Users have the right to request termination of their account on the Application at any time by contacting Screenwise Eating LLC through the contact details provided in Section 12.
14.2. Deletion of personal information. Upon termination of a user's account pursuant to clause 14.1, Screenwise Eating LLC will delete all personal information and usage data collected from the user within 30 days from receipt of the termination request.
14.3. Retention for legal purposes. Notwithstanding clause 14.2, Screenwise Eating LLC may retain anonymized information as may be required for legal/compliance purposes, including to prevent fraud, infringement of intellectual property rights or comply with applicable laws. Any such retained information will not be linked to individual users.
14.4. Cessation of use. Upon termination of a user's account, Screenwise Eating LLC will cease using the user's personal information.
15. Dispute Resolution
15.1. Any dispute, claim or controversy arising out of or relating to this Privacy Policy or the Application shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
15.2. Arbitration shall take place in the county where the user is located at the time of submitting the request for arbitration to the AAA.
15.3. The arbitration shall be conducted before a single arbitrator appointed in accordance with the AAA rules. The arbitrator's decision shall be final and binding on both parties.
15.4. The Federal Arbitration Act and state laws regarding the enforceability of arbitration clauses shall govern any arbitration between the parties.
15.5. By using the Application, the user waives their right to participate in a class action lawsuit or class-wide arbitration against Screenwise Eating LLC.
15.6. Claims that can be brought in small claims court are exempt from arbitration.
15.7. This Privacy Policy and any cause of action related to the Application will be governed by the laws of the state where the user is located, without regard to conflict of law provisions.
16. General Provisions
16.1. Governing Law. This Privacy Policy is governed by the laws of the United States of America, without regard to its conflict of laws provisions.
16.2. Severability. If any provision of this Privacy Policy is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
16.3. No Waiver. The failure to enforce any right or provision in this Privacy Policy shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Screenwise Eating LLC in writing.
16.4. Assignment. Screenwise Eating LLC may assign its rights and obligations under this Privacy Policy, in whole or in part, to any party at any time without any notice.
16.5. Entire Agreement. This Privacy Policy is the complete and exclusive understanding between you and Screenwise Eating LLC regarding your use of and access to the Application. This Privacy Policy supersedes any prior version of this Privacy Policy and any other agreement, terms and conditions regarding your use of the Application.
Acknowledgement
By agreeing to the terms outlined in this Privacy Policy, you, as the parent or legal guardian of a minor using the Screenwise YumEats Application, acknowledge and consent to the following:
- You have read and understood the terms of this Privacy Policy.
- You are providing verifiable parental consent, in accordance with the Children's Online Privacy Protection Act (COPPA), for Screenwise Eating LLC to collect, store, and use your child's personal information as described in this policy.
- You understand that this consent is required for your child to access and use the Screenwise YumEats Application.
- You retain the right to withdraw your consent at any time, as described in the Parental Access section of this Privacy Policy.
By clicking "I agree to the terms and conditions and privacy policy" and continued use of the Screenwise YumEats Application, you agree to these terms and provide the necessary parental consent.
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