This Privacy Policy (“Privacy Policy”) describes how Neuday, Inc. and its subsidiaries and affiliates (collectively “Neuday,” “us,” “we,” or “our”) may collect, use, and share your personal information in connection with our Neudays (collectively, the “Site”), mobile apps (collectively, the “App”), and our related email communications, social media pages, and the other services and features (collectively, and together with the Site and App, the “Platform”), and the choices and rights you have regarding your personal information.
We reserve the right, at any time, to modify this Privacy Policy. If we materially modify how we collect, use, or share personal information, we will post the updated Privacy Policy on this page. In some cases, we may notify you about an update by sending you an email, posting a notice about the update on the Platform, or other means as may be required by applicable law. In all cases, your continued use of the Platform following posting or other notification of changes constitutes your acknowledgement of such changes. Please review this Privacy Policy periodically to keep up to date on our most current policies and practices.
USE OF PERSONAL INFORMATION
HOW LONG WE RETAIN YOUR INFORMATION
DISCLOSURE OF PERSONAL INFORMATION
YOUR CHOICES
CHILDREN’S PRIVACY
THIRD PARTY SITES AND SERVICES
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
SECURITY OF PERSONAL INFORMATION
NOTICE TO CALIFORNIA RESIDENTS
NOTICE TO NEVADA RESIDENTS
CONTACT US
Personal Information We Collect
We may collect the following categories of personal information, along with other personal information that is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection:
Sources of Personal Information. We obtain personal information from a variety of sources, including from the following sources:
Our primary purpose in collecting personal information is to provide the Platform. We may use personal information for the purposes set forth below and as otherwise described in this Privacy Policy or at the time of collection.
Providing the Platform. We use personal information to provide our Platform and operate our business. For example, we use personal information to:
Interest-Based Advertising. We may partner with third-party advertising companies and social media companies to display ads on the Platform and other sites and services. These companies may use cookies and similar technologies to collect information about you (including the device information and online activity information described above) over time across our Platform and other sites and services, and use that information to serve ads that they think will interest you. In addition, some of these companies may use hashed customer lists that we share with them to deliver ads to you and to similar users on their platforms. You can learn more about your choices for limiting interest-based advertising, in the “Advertising Choices” paragraph of the “YOUR CHOICES” section below.
Direct Marketing. We may send you newsletters and other promotional communications as permitted by law, including materials, updates, information, special offers, and promotional material from us and our business partners. You may opt-out of our marketing communications as described in the “YOUR CHOICES” section below.
Research and Development. We use personal information for research and development purposes, including to study and improve the Platform and our business, to understand and analyze the usage trends, demographics, and preferences of our users, and to develop new features, functionality, products, and services. As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect, as further described in the paragraph below titled, “Creating Anonymous, Aggregated, or De-Identified Data.”
Artificial Intelligence. We may use artificial intelligence (AI) to enhance or help us provide the Platform. For example, we may use AI tools to provide quicker, more efficient responses to your customer service requests. When you interact with those tools, your personal information may be used to provide you with a response or to otherwise provide the output or feature for which AI is being used. Personal information may also be used to help improve the AI functionality that we use, such as to provide better responses or gain knowledge about our Platform.
Compliance, Fraud Prevention, and Safety. We may use personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) maintain the safety, security, and integrity of the Platform and our business, databases, and other technology assets; (b) protect our, your, or others’ rights, privacy, safety or property (including by making and defending legal claims); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Platform; and (e) prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft. We may also use personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
With Your Consent. We will disclose your personal information in accordance with your prior direction, or, in some cases, we may specifically ask you for your consent to collect, use, or share your personal information, such as when required by law.
Creating Anonymous, Aggregated, or De-Identified Data. We may create anonymous, aggregated, or de-identified data from your personal information and the personal information of other individuals. We make personal information into anonymous, aggregated, or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated, or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Platform and to promote our business. To the extent that we classify such information as “de-identified,” we commit to maintaining and using such information in a de-identified form and to not attempting to re-identify such information (except for purposes permitted by law).
Sensitive Personal Information. We only use and disclose sensitive personal information (such as health information that you have provided) for purposes necessary to provide the Platform and services you reasonably expect (e.g., tracking workouts, delivering coaching insights, ensuring safety, etc.). We do not use sensitive personal information to infer characteristics about you for advertising or other secondary purposes.
Health App Data. Provided you give express permission on your device, we may receive (read) or/and write (share) data about your activity with/from Apple’s Motion & Fitness API or Google’s Health Connect. You may decide in the Platform to allow us to read (receive) the following information from Apple or Google through their apps: the number of steps, covered distance, weight, and dietary energy, and other data that you chose on the consent screen. If you grant access for us to write data to (share with) Apple and/or Google app, we will transfer information to them that have been collected through the Platform. The scope of data covered by either Apple or Google’s apps will be indicated to you by Apple or Google on their native pop-up screens, which we do not have control of.
Before you decide to share your data with through either Apple or Google’s apps, we encourage you to review their privacy policy, as your data will be subject to those policies. For more information on the Apple Health app, please see http://www.apple.com/ios/health/, and on the Health Connect, please see https://health.google/health-connect-android/. You can withdraw our access to read/write data from these Health apps at any time directly in the respective app.
SMS TEXT MESSAGING
When you opt in to receive text messages from Neuday, we collect your phone number, carrier information, message delivery status, and related data to send you verification codes for account authentication and daily task reminders.
Opt-In. You consent to receive SMS messages when you add and verify your phone number during account login at app.neuday.com. During phone number verification, you are presented with a consent checkbox that you must check to enable SMS services. Adding a phone number is entirely optional. You may also opt in by replying START to any message from Neuday. Consent is not a condition of using our services.
Message Frequency. Verification codes are sent as needed when you log in or verify your identity. Daily task reminders are sent approximately once per day. Actual frequency varies based on your account activity and settings.
Opt-Out. You may opt out at any time by replying STOP to any message, or by disabling SMS notifications in your account settings. For verification codes, you may switch to email-based authentication in your security settings. After opting out, you will receive one confirmation message.
Help and Support. For assistance with SMS services, reply HELP or INFO to any message or email support@neuday.io.
Service Provider. We use Twilio Inc. as our SMS service provider to send and receive text messages on our behalf. Your phone number and message data are transmitted to and processed by Twilio in accordance with their Privacy Policy at https://www.twilio.com/legal/privacy. We do not sell your phone number to third parties.
Message and Data Rates. Standard message and data rates may apply based on your mobile carrier plan. We do not charge for SMS services, but your carrier may charge you for sending and receiving text messages. Carriers are not liable for delayed or undelivered messages.
How We Use SMS Data. We use your phone number and SMS data to deliver verification codes and task reminders, respond to HELP and STOP requests, maintain opt-in consent records, comply with telecommunications regulations, prevent fraud, and improve our messaging services.
Data Retention. We retain your phone number and opt-in consent records for as long as your account is active or as needed to provide SMS services. Message logs are retained for up to 7 years for compliance and fraud prevention purposes, or as required by law. When you close your account or opt out, we delete or anonymize your phone number in accordance with our standard retention schedule, except as required by law.
No Sale or Sharing for Advertising. We do not “sell” or “share” (as those terms are defined under privacy laws like the CCPA) your phone number or SMS message data for cross-context behavioral advertising or other commercial purposes.
HOW LONG WE RETAIN YOUR INFORMATION
We keep personal information only for as long as necessary to:
Provide the Platform and services you request
Fulfill the purposes described in this Privacy Policy
Comply with legal, tax, accounting, or regulatory obligations
Defend or bring legal claims
Account data is generally retained as long as your account is active. Workout history, health data, and inferences are retained for up to 7 years (or longer if required by law). When information is no longer needed, we securely delete or anonymize it.
In addition to the specific situations discussed elsewhere in this Privacy Policy or at the point of collection, we may disclose your personal information with the entities or persons described below.
Related Companies. We may share your personal information with current and future affiliates, subsidiaries, and other companies under common corporate control, for purposes consistent with this Privacy Policy.
Service Providers. We may share your personal information with third parties who perform services on our behalf that are necessary for the orderly operation of our business. For example, we work with service providers that help us perform Neuday hosting, email delivery, database management, analytics, fraud protection, marketing, finances, and other purposes.
Advertising Partners. We may share your personal information with third parties that we partner with for advertising campaigns or enable them to collect information about your activity on the Platform, including through the use of cookies and similar technologies, including for the purposes described in the “Interest-Based Advertising” section above.
Other Users and the Public. Your personal information will be shared with other users of the Platform when you post content to your feed or to a group, or otherwise disclose personal information for public use. Your profile information and any information you post in any public area of the Platform or on our social media pages will be publicly available. We do not control how other users or third parties use any personal information that you make available to them or the public.
Authorities and Others. We may disclose your personal information to law enforcement, government authorities, and private parties as we believe in good faith to be necessary or appropriate to comply with law or for the compliance, fraud prevention, and safety purposes described above in this Privacy Policy.
Sweepstakes and Joint Marketing Partners. We may share your personal information with other partners in order to provide you with content and other features through the Platform, and such partners may send you promotional materials or otherwise contact you regarding products and services that they offer. When you choose to enter a contest or sign up for a sweepstakes, we may share the personal information you provide as part of the offer with the named co-sponsors or other third parties affiliated with such offer.
Professional Advisors. We may share personal information with persons, companies, or professional firms providing us with advice and consulting in legal, tax, financial, insurance, and other matters, where necessary in the course of the professional services that they render to us.
Business Transaction Participants. We may disclose personal information to third parties in connection with any business transaction (or potential transaction) involving a merger, acquisition, sale of shares or assets, financing, consolidation, reorganization, divestiture, or dissolution of all or a portion of our business (including in connection with a bankruptcy or similar proceedings).
You can make the following choices regarding your personal information.
Review and Request Changes to Your Account Information. You may be able to review and update certain personal information in your account profile by logging into the account. Some accounts may also allow you to control certain privacy settings through your user preferences.
Opt-Out of Marketing Communications. You may opt-out of marketing-related emails by clicking the “unsubscribe” link at the bottom of the email or by contacting us as provided at the end of this Privacy Policy. You may still receive service-related and other non-marketing communications.
Cookies. Most browsers let you remove and/or stop accepting cookies from the Neuday you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Platform and it may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit https://www.allaboutcookies.org. Similarly, your browser settings may allow you to clear your browser web storage.
Analytics Providers. The Site may use Google Analytics or a similar analytics service provider to help us analyze how the Site is being accessed and used. You can learn more about Google Analytics cookies by clicking here and about how Google protects your data by clicking here. To opt-out of Google Analytics, you can download and install the Google Analytics Opt-out Browser Add-on, available here.
Advertising Choices. You may be able to limit the use of your information for interest-based advertising by blocking third-party cookies in your browser settings, using browser plug-ins/extensions, and/or using your mobile device settings to limit the use of the advertising ID associated with your mobile device. You can also opt out of interest-based ads from our advertising partners who participate in the following industry opt-out programs by visiting the linked Neuday: the Network Advertising Initiative (http://www.networkadvertising.org/managing/opt_out.asp) and the Digital Advertising Alliance (https://optout.aboutads.info). Users of our App may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the user’s choices. In addition, some of the companies we work with may offer their own opt-out mechanisms.
Many of the opt-out preferences described in this section must be set on each device and/or browser for which you want them to apply. Please note that some of the advertising companies we work with may not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive interest-based advertisements from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.
Do Not Track. Some browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Our Platform is not intended for use by minors under the age of 18. If we learn we have collected personal information of a minor under 18 without the consent of their parent or guardian as required by law, we will delete it as soon as possible. If you believe we have any personal information collected online from a minor under 18, please contact us as set forth at the bottom of this Privacy Policy.
The Platform is not intended for use by anyone under the age of 13, and we do not knowingly collect personal information from children under 13. To enhance safety and privacy for users under 18, we use dates of birth to help confirm that a user is old enough to use the Platform, and to help provide an age-appropriate experience.
Our Platform may contain links to other Neuday, apps, and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control third party Neuday or online services, and we are not responsible for their actions. Other Neuday and services follow different rules regarding the collection, use, and sharing of your personal information. We encourage you to read the privacy policies of the other Neuday and online services you use.
Neuday is headquartered in the United States of America. If you are from a country outside of the United States of America with laws governing data collection, use, and disclosure that may differ from U.S. law and you provide personal information to us, please note that any personal information that you provide to us may be transferred to the United States of America. By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any applicable terms of service.
No method of transmission over the internet, or method of electronic storage, is fully secure. While we use commercially reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information.
This section applies only to California residents. It describes how we collect, use, and share personal information of California residents when we act as a “business” as defined under the California Consumer Privacy Act (“CCPA”), and their rights with respect to their personal information. For purposes of this section, “personal information” has the meaning given under the CCPA but does not include information exempted from the CCPA. In some cases, we may provide a different privacy notice to certain categories of California residents, in which case that notice will apply instead of this section.
Categories of Personal Information We Collect, and the Purposes of Collection and Use. We describe the categories of personal information we collect/have collected about you in the preceding 12 months, and the categories of sources from which we collect/have collected such personal information, in the section above called “Collection of Personal Information.” The business and commercial purposes for which we collect and share these categories of personal information are described in the section above called “Use of Personal Information.”
To the extent that we may collect sensitive personal information (as defined under the CCPA), we only use or disclose it for purposes permitted under the CCPA (e.g., to provide the Platform, detect security incidents and prevent fraud, or to verify and maintain the quality of the Platform). We do not collect or use sensitive personal information for the purpose of inferring characteristics about California residents.
Personal Information Disclosed for Business Purposes, “Sold,” or “Shared.” We disclose (and in the preceding 12 months may have disclosed) each of the categories of personal information listed above with our service providers and the other parties listed above in the section titled “Sharing of Personal Information.”
The CCPA defines a “sale” of personal information to mean, for example, when a business sells, rents, releases, discloses, disseminates, makes available, transfers, or otherwise communicates orally, in writing, or by electronic or other means, a resident’s personal information to a third party for monetary or other valuable consideration. When personal information is disclosed and used for purposes of cross-context behavioral advertising (whether or not for monetary or other valuable consideration), the CCPA calls this “sharing” personal information.
The following categories of personal information may be “sold” or “shared” (and in the preceding 12 months have been “sold” or “shared”) to advertising partners as further described in the section above titled “Interest-Based Advertising”:
These categories are described in full detail in the section above titled “Collection of Personal Information.” The purposes for these disclosures are to help us advertise our products and services, identify potential customers who may be interested in our Platform or services, and as further described in the “Interest-Based Advertising” section above. We do not knowingly “sell” or “share” the personal information of California residents under 16 years of age.
Your California Privacy Rights. As a California resident, in addition to the choices described elsewhere in this Privacy Policy, you have the rights listed below. Please note, these rights are not absolute, and, in some cases, we may not be able to respond to your request, such as when a legal exemption applies or if we are not able to verify your identity.
How to Exercise Your Rights. You may exercise the rights described above as follows:
We reserve the right to confirm your California residence to process your requests and will need to confirm your identity to process your requests to exercise your right to know/access, delete, and correct. This is a security measure to, for example, help ensure we do not disclose information to a person who is not entitled to receive it. The identity verification process may vary depending on how you submit your request.
Consistent with California law, you may designate an authorized agent to make a request on your behalf. If you do so, we may require proof of your identification, the authorized agent’s proof of identification, and any other information that we may request in order to verify the request, including evidence of valid permission for the authorized agent to act on your behalf. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.
We try to respond to all legitimate requests to know/access, delete, and correct within 45 days of your request. Occasionally it may take us longer than 45 days to respond, for instance if your request is particularly complex or you have made a number of requests. In this case, we will notify you of the delay, and may continue to update you regarding the progress of our response.
OTHER STATE PRIVACY RIGHTS
Residents of certain U.S. states (including Colorado, Connecticut, Virginia, Utah, Texas, Oregon, New Jersey, Delaware, Nebraska, Montana, Tennessee, Iowa, Indiana, and others) have additional privacy rights under applicable state law. These rights generally include some or all of the following, subject to verification and legal exceptions:
How to Exercise These Rights
Submit a request by:
Nevada Revised Statutes Chapter 603A allows Nevada residents to opt-out of the “sale” of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. If you are a Nevada resident who wishes to exercise your “sale” opt-out rights, you may submit a request to us using the details in the section “CONTACT US” below with the subject line “Nevada opt-out request.”
If you have any questions or concerns about our Privacy Policy or any other privacy or security issue, we would like to hear from you. Please email us at support@neuday.io.