Privacy Policy

1. What does this Privacy Policy cover?

   This policy covers the Nutracheck service – including the Nutracheck Calorie Counter App and Nutracheck website. The service is operated by NutraTech Limited, a company registered in England, No. 5093196.

2. What personal information do we collect about you?
   1. Personal Data: We collect, store and use the following personal information about you when you use the service:

      • First name

      • Email address

      • Encrypted password

      • Photo (if you upload this to the forum or Live Club weigh-in on the website)

      • IP address

      • Mobile device ID

      • Your browsing behaviour (when using the Nutracheck App and website)

      Special Category Data: We also collect, store and use the following "special category" or "sensitive" fitness, health and dietary related personal information about you when you use the service, including through your personal profile and when you share this data in the users' forum:

      • Sex

      • Age

      • Height

      • Start and goal weight

      • BMI

      • Calorie intake (calculated through your nutritional entries)

      • Whether you are pregnant or breastfeeding

      • Activity levels; and (Where you have opted to link to Apple Health, Google Fit or another fitness tracker – see Section 3 below) your step count, flights, active time and calories burned.

      You will have consented to us collecting, storing and using this fitness, health and dietary related personal information when you subscribed or under separate consent notice through the Nutracheck App. You can withdraw your consent by emailing us at privacy@nutracheck.co.uk, however this will mean we are no longer able to provide access to the Nutracheck service (see Section 6 below).

   2. When you buy a subscription via the Nutracheck website, we use a secure payment processing company called WorldPay. The personal information you enter when making a payment falls under WorldPay's Privacy Policy. We keep a record of the payments you make in order to administer your membership, however we do not store your card payment details.

      When you buy a subscription via the Nutracheck App, the in-App payment is processed by Apple iTunes (iOS devices) or Google Play (Android devices); we keep a record of your payment in order to administer your membership.

3. When do we collect personal information about you?

   We collect personal information when you:

   1. Register as a member via the Nutracheck App or Nutracheck website.
   2. Use the Nutracheck App or Nutracheck website.
   3. Contact us by email, live chat or telephone with a query.
   4. Participate in the forums – this is entirely optional. The online community forum is part of the Nutracheck service to provide support for members. You do not need to share any personal information to read posts made by other members. However, if you wish to participate and post messages, you will be asked to validate that your email address is genuine, and to create a forum profile (this does not require you to use your real name). You can choose to show or hide the personal information you want other Nutracheck members to see about you within the privacy section in your forum profile.
   5. The Nutracheck iOS App provides the facility for you to link with Apple Health. It is entirely optional, you have full control over this, and no data is shared without you setting the permissions first.

      You can choose to write data from your Nutracheck diary to Apple Health on a daily basis, including total calories, fat and other nutrients consumed by you. You can also read selected activity data from Apple Health and this will automatically appear in your Nutracheck diary, showing a breakdown of calories burned and which exercises contributed the most.

      Activity data you give permission for Nutracheck to read from Apple Health will be stored in your Nutracheck account for your personal use but will not be shared with any third parties.

   6. The Nutracheck Android App provides the facility for you to link with Google Fit. It is entirely optional, you have full control over this, and no data is shared without you setting the permission first. You can choose to allow Nutracheck to read selected activity data from Google Fit such as steps, active time and calories burned and in addition you can give permission to read distance related data. This data will automatically appear in your Nutracheck diary.

      Activity data you give permission for Nutracheck to read from Google Fit will be stored in your Nutracheck account for your personal use but will not be shared with any third parties.

   7. (a) When you use the Nutracheck website, we use cookies to enable you to use the online service. A cookie is a small piece of data sent from our website that is stored on your computer by your web browser while you are using the Nutracheck website. We require you to allow the use of cookies in order for the service to work correctly. (b) We may also collect information about your online browsing behaviour collected by Google Analytics to help us improve the service and your experience. For details on what cookies we use, please read our Cookie Policy.
4. How we use the personal information we hold about you, and our legal basis for this use

   Below, we have set out how your personal data is used, and our legal basis under data protection law for using your personal data in this way.

   1. Purpose/activity: To install the App and register you as a new App user.
      Type of data: Name, login details, email address, device ID, financial details (if you purchase a paid membership), health information such as height, weight, age.
      Lawful basis for processing: Performance of a contract with you. Your consent (dietary, fitness and health data).
   2. Purpose/activity: To process in-App purchases and deliver Services including managing payments and collecting money owed to us, and respond to queries you make by email, live chat and phone.
      Type of data: Name, email address, device details, financial details.
      Lawful basis for processing: Performance of a contract with you. Necessary for our legitimate interests (to recover debts due to us).
   3. Purpose/activity: To provide you with the Nutracheck service, including calculating your BMI (Body Mass Index), calculating a personal calorie allowance for you, to provide you with tips and motivational messages to help you achieve your goal. Where we send you these messages this may be by email or push notification. You can manage these emails and notifications in your phone settings. We also use BMI and the information about whether you are pregnant or breastfeeding as a safety check to ensure our service is suitable for you.
      Type of data: Name, email address, personal profile information, special category health, fitness and dietary information (including age, sex, height, start weight, goal weight calorie intake, and activity levels (where you have opted to link to Apple Health, Google Fit or a fitness tracker) your step count, flights, active time and calories burned).
      Lawful basis for processing: Performance of a contract with you. Your consent (dietary, fitness and health data).
   4. Purpose/activity: To provide you with a series of essential starter tips by email during your first week of membership.
      Type of data: Name, email address, dietary information, personal profile data (including age, sex, height, start weight, goal weight and activity levels).
      Lawful basis for processing: Performance of a contract with you. Your consent (dietary, fitness and health data).
   5. Purpose/activity: To manage our relationship with you including notifying you of changes to the App or any Services.
      Type of data: Name, email address, financial details.
      Lawful basis for processing: Performance of a contract with you. Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/services). Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions).
   6. Purpose/activity: To administer and protect our business and this App including troubleshooting, data analysis and system testing.
      Type of data: Name, email address, device ID.
      Lawful basis for processing: Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security).
   7. Purpose/activity: To ensure the Nutracheck App is being used in accordance with our Terms of Use.
      Type of data: Name, contact details, account details.
   8. Purpose/activity: To deliver content and advertisements to you. To measure and analyse the effectiveness of the advertising we serve you. To monitor trends and otherwise use the information you provide to us to improve existing features and develop new features for the Nutracheck App.
      Type of data: Name, contact details, device ID, personal profile, usage data, including information about your online browsing behaviour collected by Google Analytics.
      Lawful basis for processing: Necessary for our legitimate interests (to develop our products/Services and grow our business).
   9. Purpose/activity: To enable you to take part in competitions, surveys, quizzes and questionnaires, and interact with us about our products or services.
      Type of data: Name, contact details, location, opinions and other information which you provide if applicable.
      Lawful basis for processing: Your consent (where we use this data for the purposes of marketing). Necessary for our legitimate interests (to develop our products/Services and grow our business).
   10. Purpose/activity: Enabling us to obtain insurance or legal advice, to make or defend a legal claim, for the purposes of a corporate transaction.
       Type of data: Name, contact details, account details, financial details.
       Lawful basis for processing: Necessary for our legitimate interests (to administer our business, enable us to defend our business interests, and raise corporate funds).

       We may also use data that has been aggregated and does not personally identify you for purposes such as reviewing sales patterns, monitoring traffic volumes and understanding food searches and consumption behaviour, in order to manage and improve the service we provide.

5. Do we share your personal information with anyone else?
   1. If you have given your express consent to link your Nutracheck account with your activity tracker or Health platform, (e.g. Fitbit, Garmin, Apple Health or Google Fit) we may share your daily nutrient and energy expenditure data from your diary. The use of information received from Google Fit APIs will adhere to the Google Fit Developer and User Data Policy, including the Limited Use requirements.
   2. Occasionally we may consult with third party registered nutritionists or other health experts to assist with a member's query. In such situations minimal information is disclosed to address the query and no personally identifiable data is shared.
   3. We use analytics platforms, some of which are US based, to help us understand how you use the app, prioritise new app functionality and make improvements to the support communications we provide to you. Where we share personal information with a third party, we only do so in accordance with data protection laws and require them to respect the security of your personal data and to treat it in accordance with data protection laws.
   4. If required by law, we may disclose your personal information to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence, legal proceedings or a suspected breach of the Terms of Use.
   5. Should the company be transferred to a new owner in the future, the new operator would be entitled to use your personal information in a way consistent with this Privacy Policy, in order to provide a continued service to you.
6. How you can change your email preferences & data privacy
   1. You have full control over how we contact you and use your personal information and can set your preferences at any time in your account.

      To tailor the email communications we send you and/or manage your data privacy, follow the instructions below:

      On the website: Sign in and hover over on 'My Profile' > select 'My Account' > 'Manage my email & privacy preferences'.

      In the App: Tap on 'More' in the bottom menu bar > 'Privacy Policy & Preferences'.

      You can also use the links in any emails you receive to manage your preferences or unsubscribe.

7. Use of children's personal information

   We do not knowingly collect or store any personal information about children under the age of 18. This service sets nutritional targets based on adult requirements, and as such is unsuitable for children.

8. Your information rights under the General Data Protection Regulations (GDPR)
   1. Your right to request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
   2. Your right to rectify information – if any of the data we hold about you is incorrect, you can correct this yourself in your account, or you can contact us and we will update this for you within one calendar month. We may need to verify the accuracy of the new data you provide to us.
   3. Your right to be forgotten – this enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
   4. Your right to restrict how we use your data – you can object to us using your personal information to limit the way we use it.
   5. Your right to data portability – you can request that we provide you with a file of your personal information within one calendar month.
   6. Your right to object – you can object to us using your personal information to carry out profiling.
   7. Your right to withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

   If you have any questions about this Privacy Policy or wish to exercise any of your rights set out, you can contact our Data Protection Officer by emailing privacy@nutracheck.co.uk. If you have not heard back from us within 7 working days, we advise you contact us by telephone to ensure your request has been received by us and processed. The Helpline number is +44 (0)115 969 4660, lines are open Monday - Friday, 8.30am – 6pm (excluding Bank Holidays).

   You can also write to the Data Protection Officer at NutraTech Ltd, Suite H (3rd floor) The Point, Welbeck Road, West Bridgford, Nottingham NG2 7QW.

9. Keeping your personal information secure
   1. We take privacy and security very seriously. The service is hosted on Amazon Web Services (AWS), a cloud computing platform with privacy features and end-to-end security built in.
10. How long do we keep your personal information?
    1. If you have not used the service at all in the last 3 years, we will delete your account and all related personal data from our system. However each time you sign into your account and use the service, the rolling 3 year period will reset. Once your account is deleted if you wish to re-join in the future, you will need to register a new account but none of your previous data will be recoverable.
11. Changes to our Privacy Policy

    This policy is effective from 17th February 2024 and replaces with immediate effect the previous version. We may, from time to time, make changes to this Privacy Policy – it is your responsibility to check back regularly. If a change is important or requires your consent by law, we will email you to let you know. Any changes posted on this page become effective immediately.

Trading/correspondence address: The Point (Suite H) Welbeck Road, West Bridgford, Nottingham NG2 7QW.
Registered office: Vineyard House 44 Brook Green, Hammersmith, London, United Kingdom, W6 7BT.