Last Modified: 12/01/2020

 

1 UP NUTRITION, LLC (“1UP,” “we,” “us” or “our”) operates several mobile applications (hereinafter referred to as the “Service” or “Application”).  This Privacy Policy informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Service.

 

Definitions

  • Service
    Service is the mobile application operated by 1UP.
  • Personal Data
    Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
  • Usage Data
    Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself.
  • Cookies are small files stored on your device (computer or mobile device).
  • Data Controller
    Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
    For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
  • Data Processors (Service Providers or Third Party)
    Data Processor (or Service Provider or Third Party) means any natural or legal person who processes the data on behalf of the Data Controller.
    We may use the services of various Service Providers in order to process your data more effectively.
  • Data Subject (or User)
    Data Subject is any living individual who is using our Service and is the subject of Personal Data.

 

User Consent

By using our Application, you are consenting to our processing of your Personal Data, Usage Data, De-identified Data, and Anonymous Data as set forth in this Privacy Policy now and as amended by us. Processing means using data collected on a computer/hand held device or using or touching information in any way, including but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States.

 

Types of Data We Collect

  • “Personal Data”

Data that allows someone to identify or contact you, including, for example, your name, address, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

  • “Anonymous Data”

Data that is not associated with or linked to your Personal Data. Anonymous Data does not, by itself, permit the identification of individual persons.

  • “De-identified Data”

Data that include or encompasses genetic data and cannot be completely anonymous.

  • “Usage Data”

When you access the Service with a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. We may use and store information about your location if you give us permission to do so. We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time by way of your device settings. We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we use: Session Cookies. We use Session Cookies to operate our Service. Preference Cookies. We use Preference Cookies to remember your preferences and various settings. “Security Cookies” We use Security Cookies for security purposes. Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

 

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

Your 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.

 

If you are from the European Economic Area (EEA), 1UP legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

1UP may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it is not overridden by your rights
  • For payment processing purposes
  • To comply with the law

 

User Registration

Each Application obtains information that you provide when you download and register the Application. When you register with us and/or use an Application, you generally provide (a) your name, email address, and other registration information; (b) your age and sex; (c) information you provide us when you contact us for help; and (d) information that is entered into our system when you use the Applications, such as your Usage data or other Personal data (“User Provided Data”). We may also use the information that you provide to us to contact you from time to time to provide you with important information, required notices, and marketing promotions. Important information can range from changes in our terms of service to changes that may affect your data. Users can opt-out of marketing promotions.

 

Automatically Collected Data

In addition, the Application may collect certain information automatically, such as the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application. The Application does collect precise information about the location of your mobile device. We may also use Cookies and navigational data like Uniform Resource Locators (“URL(s)”) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. “Cookies” are small pieces of information that a website sends to your smartphone while you are viewing a website. We may use both session Cookies (which expire once you close your browser) and persistent Cookies (which stay on your smart phone until you delete them) to provide you with a more personal and interactive experience on our Sites. If you choose to disable Cookies, our Applications may not work properly. Like most companies, we automatically gather the information described above (“Automatically Collected Data”) and store it in log files each time you use the Applications.

 

Information Collected from Third Party Companies. We may receive Personal and/or Anonymous Data about you from companies that provide our Applications by way of a co-branded or private-labeled website or companies that advertise their products and/or services through our Applications. We may add this information to the information we have already collected from you.

 

Information Collected from Social Networking Sites. Our Applications may collect Personal and/or Anonymous Data about you from a social networking site (“SNS”), in accordance with the terms of use and privacy policy of the third-party provider of such SNS, if you log on with your login credentials from the SNS. We may add this information to the information we have already collected from you. 

 

Use of Your Personal Data

General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. Data is never sold nor shared with 3rd parties or used for advertising purposes. Ways we use your Personal Data include, but is not limited to: (1) to facilitate the creation of and secure your Account on our network; (2) identify you as a user in our system; (3) improve the quality of experience when you use our Applications; (4) send you a welcome email to verify ownership of the email address provided when your Account was created; (5) send you a welcome email to verify ownership of the email address provided when your Account was created; (6) send you administrative email notifications, such as security or support and maintenance advisories; and (7) to send newsletters, surveys, offers, and other promotional materials related to our Applications and for other marketing purposes of 1UP.

 

Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Applications. 1UP reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties, including but not limited to our research partners, in its sole discretion. This does not include genetic data.

 

Disclosure of Your Personal Data

We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

 

  • Third Party Service Providers. We may share your Personal Data and Usage Data with third party service providers who work on our behalf. See Service provider section for more details.  

 

  • Affiliates and Acquisitions. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company, business, or our assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.  In the unlikely event of an insolvency, bankruptcy or receivership, your Personal Data may also be transferred as a business asset, during which the Privacy Policy will still apply.

 

  • Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), 1UP may disclose 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 1UP; (c) to protect or defend the rights or property of 1UP or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or any applicable Terms of Use. Users will be notified when 1UP is legally able to.

 

Third Party Data Collection – Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.

 

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google Analytics
    Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
    You may opt-out of certain Google Analytics features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en 
  • Facebook Analytics

Facebook Analytics is an analytics service provided by Facebook Inc. You may opt out of providing data to Facebook Analytics in your application settings. Full instructions can be found at this support article.

We encourage you to review Facebook’s data policy.

https://www.facebook.com/privacy/explanation

 For more information on general policies please review Facebook’s Policy Page.

https://www.facebook.com/policies

 

Advertising

We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.

 

Behavioral Remarketing

1UP uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize  and serve ads based on your past visits to our Service.

 

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

 

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

 

Data Retention Policy

We will retain User Provided Data for as long as you use the Applications and for a reasonable time thereafter. If you would like us to delete User Provided Data, please contact us at support@1upnutrition.com and we will respond within a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Applications to function properly, and we may be required to retain certain information by law. We offer you choices regarding the collection, use, and sharing of your Personal Data.

 

  • We will periodically send you free newsletters and emails that directly promote the use of our Applications. 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 email you receive or by contacting us directly (please see contact information below). Unsubscribe instructions will be included in every email.
  • Despite your indicated email preferences, we may send you service-related communication, including notices of any updates to our Privacy Policy.

 

  • Changes to Personal Data. You may delete your Personal Data by logging in to www.1upnutrtion.com and deleting your account. Please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our and or service provider archives. We may retain your information for fraud prevention or other similar purposes.

 

Security of Your Personal Data

1UP is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. For example, we limit access to your Personal Data to employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor to provide reasonable security for information that we process and maintain, no security system can prevent all potential security breaches. Therefore, while 1UP uses reasonable efforts to protect your Personal Data, 1UP cannot guarantee its absolute security.

 

Contact Information

1UP welcomes your comments or questions regarding this Privacy Policy. Please email us at support@1upnutrition.com or contact us at the following address: 1 UP Nutrition, 8220 Commerce Way, Miami Lakes, FL 33016.

 

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 Personal Data, we will notify you by sending you an email to the last email address you provided to us and/or by prominently posting notice of the changes on our Site and/or deploying an alert within our Applications. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, changes will nonetheless be effective. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your 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 Applications, 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 consult our Site regularly for any changes to this Privacy Policy.

 

QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at Customerservice@1upnutrition.com