BoostandMaximize Privacy Policy

Table of Contents

Effective Date: October 17, 2023

BY UTILIZING OUR SERVICES, YOU AGREE TO THE COLLECTION, UTILIZATION, AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES AS DETAILED WITHIN THIS PRIVACY POLICY.

BoostandMaximize, along with all related Services and systems, including registration, is hosted on servers in the United States. If you are situated outside the United States, please be aware that the data we gather (including cookies and device data) will be processed and stored in the United States. In this jurisdiction, data protection and privacy laws and principles, along with your data subject rights, might not provide the same level of protection as those in your country/region of residence or citizenship. By utilizing our Services and providing us with your information, you consent to the transfer and processing of this data in the United States, and, unless otherwise specified in this Privacy Policy, we rely on this consent as the legal basis for data transfer. As part of account creation, you may be required to provide explicit consent for this data transfer.

We kindly request you to carefully read this Privacy Policy as your access to and usage of our Services indicates that you have read, comprehended, and agreed to all the terms herein. If you do not concur with any aspect of this Privacy Policy or our Terms, please refrain from accessing or continuing to use any of our Services and from submitting your Personal Data (defined below) to us.

Information About Your Personal Data

This Privacy Policy pertains to information concerning you, your devices, and your interactions with our Services.

“Personal Data” refers to information that can identify you directly or indirectly, on its own or in conjunction with other data. This includes data such as your full name, email address, phone number, device IDs, specific cookie and network identifiers, as well as “Fitness and Wellness Data.”

BoostandMaximize collects, utilizes, discloses, and processes Personal Data as described in this Privacy Policy, including but not limited to the operation and enhancement of the Services and our business, advertising, and marketing, and offering innovative fitness and wellness services, as elaborated further in this Privacy Policy.

We may generate de-identified or anonymous data from Personal Data by removing data components (such as your name, email address, or linkable tracking ID) that make the data personally identifiable to you, through obfuscation, or via other methods. The utilization of anonymized and de-identified data is not subject to this Privacy Policy.

How We Collect and Use Personal Data

We collect your Personal Data through various means and for diverse purposes, including but not limited to:

1. When you sign up for an account or engage with our Services

We gather Personal Data when you use or interact with our Services. This includes when you register for a BoostandMaximize account, purchase a Premium Subscription (including payment processing), use the Services (e.g., browsing available content), and request customization of our Services. Such Personal Data may encompass your name, photo, username, password, email address, date of birth, gender, payment details, and general location data.

2. When you input Fitness and Wellness Data within our Services or utilize our Services that capture or ingest data from mobile device sensors

“Fitness and Wellness Data” encompasses data related to dietary habits, fitness activities, goals, lifestyle, physical measurements, and more. We collect this data to tailor our Services to your interests and objectives, including providing meal suggestions, reporting and analytics, workout plans, and related services.

3. When you use or engage with wearable or connected devices

We also collect Personal Data, including Fitness and Wellness Data, when you use a device that is connected to the Internet, such as heart rate monitors, activity trackers, and other devices or wearables that integrate with the Services. When you use a wearable or connected device or product, we may also collect certain information about the device or product such as serial number, Bluetooth address, UPC, or other device- or purchase-related information.

Note Regarding Apple HealthKit Data

You can choose to connect and share your HealthKit data with BoostandMaximize. The use of this information is subject to Apple’s Terms and Conditions and Privacy Policy.

Note Regarding Google Health Connect

You can choose to connect and share your Health Connect data with BoostandMaximize. The use of data received from Health Connect complies with the Health Connect Permissions Policy.

We collect Personal Data when you reach out to us or sign up for promotional materials via email and push notifications. If you consent to receive Messages, we may use your Personal Data for various purposes, including communicating about BoostandMaximize Services, delivering promotional messages, and more.

5. When you participate in special activities, offers, or programs

We may request or collect Personal Data when you partake in Promotions, surveys, or Research. This may include name, address, email, telephone number, and additional information relevant to participation.

6. When you engage with our online communities or advertising

Your Personal Data may be collected when you interact with our online communities or engage with advertisements. This includes interactions with social media pages, content submissions, and participation in forums sponsored by BoostandMaximize.

7. When you access third-party products and services

You may interact with Third Party Sites through our Services, and we may collect Personal Data you share with them. Details on the use of your Personal Data in these cases will be provided to you.

8. When you connect with us through social media

You have the option to log in to the Services using your social media accounts. In such cases, we may collect the Personal Data you have provided to the social network.

9. When we obtain data from third parties or publicly-available sources

We may acquire data about you from third-party sources to improve the Services and for marketing purposes.

10. When we utilize cookies, device IDs, location data, and other tracking technologies

We may collect Personal Data using cookies, web beacons, device IDs, and various tracking technologies for a range of purposes.

11. When we aggregate or centralize data

Personal Data and Fitness and Wellness Data may be aggregated and centralized for analytics, innovation, and enhanced services.

12. When we link you to friends across platforms

Our Services facilitate social sharing and communication. We may use your Personal Data to enable sharing and linking with friends on the Services.

13. Sharing content or achievements; or inviting friends

With your consent, we may access your contacts to facilitate sharing content, and achievements, and inviting friends to use the Services.

14. When we provide you with geographically relevant Services, offers, or advertising

General location data may be used to provide you with Services, offers, or advertising relevant to your location.

15. When you request customization of our Services

Photos, videos, or other data you provide may be used to customize our Services.

16. When we comply with Legal Requirements or Obligations, Law Enforcement, and Public Safety Purposes

We may use Personal Data to adhere to legal requirements, assist in investigations, protect rights and property, enforce our Terms and Privacy Policy, and ensure public safety.

How We Disclose Personal Data

We may share your Personal Data as described in the preceding section of this Privacy Policy, in the Location-Specific Disclosures section, and in the following ways:

Operation and Enhancement of Services and User Experience

Internally within relevant departments of BoostandMaximize for the provision and improvement of Services, marketing, and advertising.

With Service Providers and Vendors

With business partners, marketing partners, and vendors to enhance, personalize, and provide the Services.

Note for Apple Users

For Apple users, our iOS mobile apps share personal data with third parties as detailed in this Privacy Policy. We take measures to ensure that such third parties uphold privacy protections identical to or equivalent to those required under this Privacy Policy and Apple’s developer guidelines.

With Social Network Providers

When we employ social network widgets, buttons, or plug-ins in our Services, we share data with social network providers.

With Other BoostandMaximize Registered Users

In the context of specific social features, we may share data with other users of the Services. Additionally, information you post or disclose in our community forums (e.g., Facebook, sponsored pages on the BoostandMaximize Blog) is public.

For Advertising and Marketing

For advertising and marketing purposes on behalf of BoostandMaximize and third parties, including but not limited to Facebook, we share data with advertising and marketing partners.

For Specific Analytics and Improvement

We share data with certain companies for the purposes of analytics and the improvement of the Services.

For Interest-Based Advertising

We share data with companies involved in interest-based and cross-device advertising, including web, mobile app, and other forms of advertising. This advertising encompasses BoostandMaximize and third-party ads that are personalized and displayed on our sites and apps and through other channels.

For Legal Compliance, Law Enforcement, and Public Safety

We share data with law enforcement, government or regulatory bodies, authorized third parties, or lawful authorities to comply with laws, regulations, court orders, or other legal obligations, or to assist in an investigation. This is done to protect and defend our rights and property, as well as the rights or safety of third parties, and to enforce our Terms of Use, this Privacy Policy, or agreements with third parties. It is also carried out for crime-prevention purposes.

In the Event of an Actual or Contemplated Sale

With prospective or actual purchasers, investors, or successor entities in connection with a contemplated reorganization or an actual reorganization of our business. This is related to financing, a sale, or other transactions involving the disposal of all or part of our business or assets, including permitting the due diligence required to decide whether to proceed with a transaction. It is conducted pursuant to assurances of sufficient data handling practices and safeguards.

Our data disclosure is restricted to situations where we are authorized to do so under applicable European and national data protection laws and regulations.

Legal Basis for Processing

This section elucidates the legal basis for processing your data if you reside outside the United States (within the United States, you generally provide consent when you receive notice of this Privacy Policy in a website link or mobile app). Certain processing is addressed in multiple sections because more than one legal basis may apply depending on the circumstances or service.

For the purposes of applicable data protection laws, BoostandMaximize, is the controller of the Personal Data you provide to us (“Data Controller”). As a Data Controller, we process the Personal Data we hold about you in accordance with this Privacy Policy. If you have any questions or concerns about the processing of your Personal Data, or if you have questions regarding this Privacy Policy, please refer to our location-specific disclosures for the appropriate contact information.

Note for Residents of the European Union: For more information on the Legal Basis for processing, see the EEA location-specific disclosures.

We collect and process your Personal Data for various purposes outlined in this Privacy Policy. In certain cases, separate consent is not required, including:

For the Performance of a Contract

To fulfill our contractual obligations to you concerning the Services, including but not limited to account registration, order fulfillment, contacting you in case of issues with the Services, and for interactions related to location-based Services. This encompasses the provision of geographically relevant Services and the connection of friends across platforms. It also includes the sharing of content or achievements and the invitation of friends, as well as the customization of our Services, data collection from third-party sources, and data aggregation and centralization for Service performance.

To Meet Legal Obligations

To comply with laws, regulations, court orders, or other legal obligations, or to assist in an investigation.

For Legitimate Interests

To operate our business and provide the Services, other than in fulfilling our contractual obligations to you, for BoostandMaximize’s “legitimate interests” as required by applicable law, except where these interests are overridden by the interests or fundamental rights and freedoms that require the protection of Personal Data.

For instance, some processing covered by Legitimate Interests, subject to applicable law, includes:

Communication: To communicate with you regarding the Services, including providing you with important notices about changes to our terms and to address your requests, inquiries, and complaints. We may send strictly necessary communications, including emails, even if you have opted out of receiving other BoostandMaximize emails or communications. These types of communications do not require consent. We also process your Personal Data for our legitimate interests when you communicate with us, including when you sign up for promotional materials, and we have not asked for your consent in that regard.
Responding to Your Requests: To respond to your requests for technical support, online services, product information, or any other communication you initiate. This includes accessing your account to address technical support requests.
Promotional Messages: We process your non-sensitive Personal Data to provide you with promotional messages and personalized marketing, including: when you communicate with us or sign up for promotional materials; when you participate in offers or programs; when you engage with our online communities or advertising; to provide you geographically relevant Services, offers, or advertising; when we aggregate and centralize data; and when we share Personal Data with our service providers and vendors.
Surveys: To send you surveys in connection with our Services, unless they are of a commercial nature. In such cases, a survey request may be sent to you if you have given us your consent to receive marketing from us.
Compliance with Law and Public Safety: To assist in the investigation of suspected illegal or wrongful activity, including sharing information with other entities for fraud, loss, and crime prevention purposes. This is done to protect and defend our rights and property or the rights or safety of third parties.
Improvement and Development: To develop, provide, enhance, and improve our Services and your experience, including enabling you to use the full range of our Services (e.g., processing non-sensitive Personal Data related to your use or interaction with a wearable or other connected device that integrates with the Services, accessing third-party products and services, using cookies, device IDs, general location data, environmental data, and other tracking technologies, connecting with us through social media, collecting data from third parties or publicly-available sources, aggregating and centralizing data, and sharing Personal Data with our service providers and vendors). For internal purposes related to research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.
Enforcement of Terms and Notice: To enforce our Terms or this Privacy Policy, or agreements with third parties.
Merger or Acquisition: To support a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets. This is done to permit the due diligence required to decide whether to proceed with a transaction.

Consent as a Basis for Processing

In some cases, we will request your consent to process your Personal Data. You can indicate your consent in various ways, including, as permitted by law, by ticking a box (or taking an equivalent action) to indicate your consent when (i) providing us with your Personal Data through our Services or a form (including enrolling in Promotions), or (ii) registering or creating an account with us. Due to the differing consent requirements for the collection and use of Personal Data across countries, the manner in which consent is obtained will vary by region. We may request your consent for a range of activities, including:

BoostandMaximize Marketing and Communication

We may request your consent to contact you via email or push notifications regarding other offers, products, Promotions, or services that we believe may be of interest to you and for other marketing purposes.

Sharing with Third Party Services

We may also request your consent to share your Personal Data with specific third-party business partners to provide particular goods, services, or programs. To withdraw your consent, please adjust your preferences within the specific third-party service or app.

Third-Party Marketing

We may request your consent to provide your Personal Data to allow third parties to contact you regarding their products, services, Promotions, or offers. Typically, this is in conjunction with a sweepstakes or challenge (your consent for third-party marketing is generally not a prerequisite for participation). To withdraw your consent, please manage your preferences within the specific third-party service.

Collection of Mobile Device IDs, Advertising IDs, and Data from Sensors

When you use our Mobile Apps, we may request your consent to collect this data (this consent may be obtained at the operating system level). You can change your consent status for this data by adjusting your preferences within the Mobile App. If you choose not to provide this information, certain features or Services may be unavailable or may not function properly.

Processing Sensitive Personal Data

We may request your consent to process sensitive Personal Data. The Website or Mobile App may require this data to provide the Services, including when you use or interact with a wearable or other connected device that integrates with the Services. If you choose not to provide sensitive Personal Data (e.g., specific types of Fitness and Wellness Data), certain features or Services may be unavailable or may not function properly.

Research

We may request your consent to use your Personal Data for Research purposes. We may also ask for your consent to contact you to gauge your interest in participating in specific Research initiatives and to share research findings. For market research, we may ask questions on behalf of business partners and share your responses with them.

Advertising

We use cookies, pixels (including email pixels), mobile device and advertising IDs, general location data, Fitness and Wellness Data, app or service usage data, and data from third-party wearables, connected devices, or sensors that integrate with our Services for interest-based and cross-app, cross-device advertising. The consent for these activities may be managed at the operating system level.

Data Transfer

We transfer data to the United States and to other countries/regions for processing. In some cases, we may request your consent for this transfer, while in other cases, the transfer may be justified by a legal basis other than consent.

Automated Processing

We may employ automated processing for the provision of our Services and for making recommendations within specific Services. This processing is strictly necessary for providing certain Services (and, in some cases, is the service itself) and is not subject to consent. Other automated processing, either due to the nature of the data or the decisions being made or recommended, is not significant, and consent is not required. However, for automated processing that is significant and relates to sensitive Personal Data, we will seek your consent before sharing or using such data. For the subset of automated processing included in ad profiling for ad targeting, you can change your consent status (for website services) by disabling advertising cookies, as outlined in our cookie and device ID use section. For mobile apps, you can adjust your consent status by activating your Limit Ad Tracking or equivalent setting, as described in our cookie and device ID use section.

To Enable Social Sharing and Connect with Us on Social Media

Our Services feature social sharing and communication with others. If you sign up for these Services, we may request your consent to use your information to enable sharing as described in the Service. We may also ask for your consent when you connect with us through social media.

Promotions

We may request your permission to use your Personal Data and Fitness and Wellness Data for special offers, events, sweepstakes, and other Promotions. We may use the Personal Data we collect during Promotions to administer the Promotion, verify identity and age, and communicate with you about the Promotion.

Social Sharing Settings

Within our Services, there are four sharing settings: Private, Public, Friends Only, and Locked with a Key. BoostandMaximize is designed to help you along your fitness and wellness journey. Therefore, you can control what Personal Data you share and with whom you share it. We encourage you to adjust the sharing settings to best meet your objectives and comfort level with sharing. To safeguard your Personal Data, we’ve established some initial default sharing settings.

Default Sharing Settings:

“Physical Stats,” “Diary,” and “Community Social Data” are set as “Private.” “Private” means that the information is not shared with friends or other members. You can change this default status for some of your physical stats. Information that is “Private” by default includes your height, weight, and BMI, for example.

“Activity” is set as “Friends Only.” “Friends Only” means that the information is visible to your friends in their news feed, but it is not shared with other members. You can change this default status if you want. Information that is set as “Friends Only” by default includes your friendships, news feed comments, completed food diaries, and completed workouts, for example.

“Forum Posts” are “Public.” “Public” means that they are visible to all other users of the service.

Lookup Information (“Let my friends find me” and “Profile”) is set as “Public.” “Let my friends find me” allows people to see that you are on BoostandMaximize and easily add you as a friend (i.e., your account is discoverable by email address). We believe that social motivation helps you achieve your goals faster, and allowing your friends to find you is crucial to this experience. “Profile” information and pictures are visible only to BoostandMaximize members who are logged in (age is Private on a member’s profile by default). If you set your entire account as Private, your lookup information will no longer be available for your friends to find you (unless you indicate otherwise within the Services).

Changing Your Sharing Preferences

Information on how to update your sharing preferences and the default settings for our Services can be found within the sharing standard.

Please note that when you share information from our Services externally with a Social Networking Service (SNS), the information you post is governed by their privacy policy and settings.

Interest-Based Advertising

Interest-based advertising, or targeted advertising, is the practice of tailoring ads to your online behavior across websites and apps over time. We also engage in creating and using “audience segments.” You can choose to limit the use of your data for interest-based advertising and opt out of receiving such ads. Depending on your location when accessing our website, you may be asked to consent to the use of cookies, including advertising cookies. More information about Audience Segments and options for interest-based advertising can be found below.

Audience Segments. We share various types of information for interest-based advertising purposes, including third-party interest-based advertising. This process involves using Personal Data to generate audience segments, which are then used for interest-based advertising, including third-party advertising, on BoostandMaximize online platforms. These audience segments are created based on factors such as website visits, app usage data, Fitness and Wellness Data, online and offline purchase behaviors, interactions with our ads or marketing emails, similar data types, and occasionally data from third parties. United States Note: These audience segments are made available for third-party interest-based advertising on BoostandMaximize Services.
Interest-Based Advertising Opt Outs, Choices, and Control. You have the option to opt out of having your data used for interest-based advertising, including third-party advertising, regardless of where these ads are displayed. These opt-outs require that you do not block strictly necessary cookies in your web browser settings. We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance in the US, the Canadian digital advertising alliance in Canada, and the European digital advertising alliance in the EU. If you live in the United States, Canada, or the European Union, you can visit ad choices (US), your ad choices (Canada), or your online choices (EU) to find a convenient place to opt out of interest-based advertising with participating entities for each region. These websites also offer detailed insights into how interest-based advertising functions. Opting out does not mean you won’t receive any advertising from us or while using the internet; it simply means that data collected from our website won’t be used for interest-based advertising, and the ads you see on websites won’t be customized based on your interests. Mobile App. You may opt out of interest-based advertising on mobile devices by activating the “Limit Ad Tracking” or equivalent feature offered by your mobile platform. It will transmit a signal to us and to third parties that indicate your data should not be used for interest-based advertising.

Our cookie and device id use section provides additional options for controlling the use of particular kinds of cookies, including advertising cookies. You may use our “advertising cookies” toggle in these settings to prohibit the collection and use of Personal Data in cookies for interest-based advertising.

You can withdraw your consent at any time without affecting the legality of data processing based on your prior consent. This includes controlling website and online data collection, interest-based advertising, communication settings, and app preferences. Please note that some Personal Data collection and use may be necessary for our Services to function.

We offer various ways to manage your preferences:

Cookie Use and Controls: Cookies serve diverse purposes, including personalization, security, analytics, marketing, and interest-based advertising. While our cookies are placed and read by our web servers, other companies’ cookies are managed separately. Specific information about cookies can be found on our website through the AdChoices link. You can block and control cookies as detailed in this section. Blocking all cookies may affect certain functionalities on our website.

[ IN ] Required Cookies. These strictly necessary cookies are used for core functionality, recognize when you are signed in, are necessary for security, and enforce your privacy preferences. Without these cookies, some functionality on our Website may fail. You can block these cookies in your browser preferences.

[ IN / OUT ] Functional Cookies. These cookies help to improve the Website by allowing us to understand how the Website is used and how the Website performs. These cookies include analytics and measurement.

[ IN / OUT ] Advertising Cookies. These cookies help us and other parties personalize ads that are shown to you on the Services, as well as on other websites. If enabled, these cookies will allow third parties engaged in interest-based advertising on our Website to recognize your browser software on other websites too.

IP Address Use

IP addresses are identifiers assigned to devices for various purposes, including analytics, security, interest-based advertising, and more. You can choose not to have your IP address used for advertising or analytics by adjusting the cookie controls.

Web Pixels or Beacons Use

Pixels and beacons are tiny image files that enable web browsers to make network requests, which can include the transmission of associated cookies. You can control the purposes for which these are used through the cookie controls.

HTML5 Local Storage

This feature, like cookies, can serve similar tracking purposes. You can control its use by managing the cookie settings.

Social network widgets on our website may passively transmit data even when not actively used. You can disable this tracking by disabling advertising cookies.

Usage of Mobile Device Data, Location, Sensors, and Nearby Devices

Our Services may transmit various types of data to us and our partners, including our advertising associates. This data encompasses Device IDs, general location data, and sensor information.

Device IDs refer to identifiers associated with your mobile carrier, such as IMEI, MEID, and IMSI, platform-specific IDs like Android ID, Google AID, and Apple’s IDFA, as well as hardware-related IDs like WiFi MAC address and serial numbers. The specific Device IDs transmitted can vary depending on your mobile device platform and operating system version.
Regarding general location data, our Services may transmit such information derived from GPS services, cell tower triangulation, or the known locations of nearby WiFi access points.
Sensor and In-Range Device Data are also collected by our apps and Services. This includes Device IDs and network addresses (such as IP addresses, MAC addresses, and SSIDs) from other devices within range and WiFi access points.
Our utilization of Mobile Device Data encompasses Device IDs, rough location data, general location data, and sensor information, along with app usage data and Fitness and Wellness Data. These data are used for necessary purposes, enhancing our apps and analytics, personalization, preferences, and interest-based advertising across various apps and devices.

You can opt out of the use of your Device IDs for advertising or analytics purposes by activating the “Limit Ad Tracking,” “Opt out of Ads Personalization,” or an equivalent setting on your mobile device. This action sends a signal to us and our third-party partners, instructing them not to use Device IDs for advertising or analytics. We ensure that our third-party advertising and analytics partners also adhere to this choice. If our app offers personalized functionality, you can modify these settings within the app or restore them to default by deleting and reinstalling the app.

Consent for Email Communication: you can unsubscribe from non-essential emails by clicking the unsubscribe link in any commercial email we send. However, you will still receive strictly necessary emails related to the Services.

Mobile Push Notifications: To manage mobile push notifications from BoostandMaximize, you can adjust the settings within the app or configure your mobile device to block push notifications from us. For more information on how to update your push notification settings for our Services please visit here.

Transfers of Your Personal Data to Other Countries

Your Personal Data is processed and stored in the United States. If you’re located outside the United States, be aware that the data protection and privacy laws there may offer different levels of protection compared to your region. By using our Services and providing your Personal Data, you consent to the transfer, storage, and processing of your data in the United States. We will seek your explicit consent when necessary, as outlined in this Privacy Policy.

Data Retention

We retain your Personal Data for as long as you have an account or as required to provide the Services. Additionally, we keep your data to comply with legal obligations, resolve disputes, and enforce agreements

When your Personal Data is no longer needed for the purposes outlined in this Privacy Policy, we will delete it upon your request. Information on how to make a deletion request can be found by contacting our support team.

If you have further questions about our data retention practices or would like to make a deletion request, please contact us through our support team.

Security

We implement technical and organizational measures to safeguard your Personal Data against unauthorized processing, destruction, loss, alteration, disclosure, or access. However, it’s important to note that the complete elimination of security risks associated with data storage and transmission is not possible.

Links to Other Websites: This Privacy Policy does not apply to companies, individuals, or Third Party Sites that we do not own, control, employ, or manage. While our Services may provide links to Third Party Sites for your convenience, we have no control over or responsibility for their content, goods, or services. Your interactions with Third Party Sites and the data you provide to them are at your own risk. We encourage you to review the privacy policies of third-party sites you engage with.

Children

We do not knowingly collect Personal Data from individuals under the age of 18. If you discover that a child has provided us with Personal Data without parental consent, please contact us through our support team. If we become aware that an individual under 18 has provided us with Personal Data without parental consent, we will take steps to remove the data and cancel the child’s account.

How to Contact Us

If you have any questions, comments, or concerns regarding the handling of your Personal Data, feel free to reach out to us through our support team.