Food Simp | Privacy Policy

This Privacy Policy applies to Food Simp: Cook by Ingredients our iOS and Android Mobile Applications (our “App”). In the below policy, we inform you about the scope of the processing of your Personal Data.

GENERAL INFORMATION

a) What law applies?

Our use of your Personal Data is subject to Florida`s Personal Data Protection Act (Official Gazette of Florida and the EU General Data Protection Regulation (“GDPR”), and of course we process your Personal Data accordingly.

b) What is Personal Data?

Personal Data is any information relating to personal or material circumstances that relates to an identified or identifiable individual. This includes, for example, your name, date of birth, e-mail address, postal address, or telephone number as well as online identifiers such as your IP address and device ID.

c) What is Special Category Data?

Special category data is Personal Data that needs more protection because it is sensitive. This includes Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data. As well as, data concerning health, a person’s sex life; and a person’s sexual orientation. In order to lawfully process Special Category Data, it is necessary to consent to the processing

d) What is processing?

Processing means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.

e) Who is responsible for data processing?

The responsible party within the meaning of the DPA and the GDPR is Food Simp: Cook by Ingredients, Florida, USA (“Food Simp”, “we”, “us”, or “our”).

If you have any questions about this policy or our data protection practices, please contact us using support@foodsimp.com.

f) The Legal Bases for processing Personal Data

In accordance with the above-mentioned laws, we have to have at least one of the following legal bases to process your Personal Data: a) you have given your consent, b) the data is necessary for the fulfillment of a contract / pre-contractual measures, c) the data is necessary for the fulfillment of a legal obligation, or d) the data is necessary to protect our legitimate interests, provided that your interests are not overridden.

PROCESSING OF AUTOMATICALLY COLLECTED DATA

a) Downloading our App

The App can be downloaded from the “Google Playstore'' a service offered by Google LLC, or the Apple App service “App Store” a service of Apple Inc, to install our App. Downloading it may require prior registration with the respective App store and/or installation of the respective App store software.

b) Installing our App

As far as we are aware, Google collects and processes the following data: License check, network access, network connection, WLAN connections, and location information. However, it cannot be ruled out that Google also transmits the information to a server in a third country. We cannot influence which personal data Google processes with your registration and the provision of downloads in the respective App store and App store software. The responsible party in this respect is solely Google as the operator of the Google Play Store.

As far as we are aware, Apple collects and processes the following data: device identifiers, IP addresses, location information, it cannot be excluded that Apple also transmits the information to a server in a third country. We cannot influence which personal data Apple processes with your registration and the provision of downloads in the respective app store and app store software. The responsible party in this respect is solely Apple as the operator of the Apple App Store.

c) Device information

Google and Apple may collect information from and about the device(s) you use to access our App, including hardware and software information such as IP address, device ID and type, device-specific and App settings and properties, App crashes, advertising IDs (AAID), information about your wireless and mobile network connection such as your service provider and signal strength; information about device sensors such as accelerometer, gyroscope, and compass and Payment Data and Billing confirmations.

d) Authorizations and Access

We may request permission to store your App data including your Internet Connection and Network, Gallery, Image Storage, Calendar and Camera. The legal basis for data processing is our legitimate interest, the provision of contractual or pre-contractual measures and your consent. You can deny access on your device via the Settings/Notifications/ options of your device; however, this means that our App may not function as intended.

e) Firebase

We use the Google Firebase developer App and related features and services provided by Google. We use the following Google Firebase services in our App: a) Firebase Analytics, and b) Firebase Crashlytics. By integrating Google services, Google may collect and process information (including personal data). It cannot be excluded that Google also transfers the information to a server in a third country. We cannot influence which data Google collects and processes. Firebase's key security and privacy information can be found here: https://firebase.google.com/support/privacy The legal basis is the implementation of the user contract for the use of the App.

f) Crashlytics

The app uses the tool Crashlytics to log crashes of our App. No personal data is transmitted. Only real-time crash reports with precise details of code locations and device information are sent, which is intended to simplify maintenance and improve the resulting stability of our App. The legal basis for data processing is our legitimate interest. In the settings under data services, you can select whether you want to send crash reports or not.

g) Google Analytics for Firebase

Our App uses the web analytics service Google Analytics for Firebase, which uses tracking technologies to track your use of our App. In this respect, information is generated about, among other things, the number of users and their sessions, the session duration, the operating system used by the users, their device model, the region from which our App is accessed, the first start of our App, our App execution and any updates.

In order to provide the relevant data for analysis, Firebase Analytics uses your a) device's advertising ID, b) an App instance ID (a randomly generated number that identifies a single app installation), c) and the IP address, which is shortened (IP masking) before being processed on Google's servers (which may be located outside the EEA) to generate the usage analysis. You can object to the use of Firebase Analytics at any time by disabling the sending of usage statistics in your device settings (Reset Advertising ID). We have no influence on these data processing operations. The basis for processing is our legitimate interest and your consent.

h) Google Admob

The app uses the Google Admob service to display ads. Ads are personalized based on the device you are using. You can disable this via the settings on your device. Google may use the advertising ID of your device, as well as cookies and/or similar technologies, to collect personal data for the purpose of generating and displaying personalized advertising. More detailed information about what data Google collects and how it is processed can be found here.

In accordance with Google's own Guidance: To improve the performance of AdMob, the Google Mobile Ads SDK may collect certain information from apps, including:

IP address, which may be used to estimate the general location of a device.

Non-user related crash logs, which may be used to diagnose problems and improve the SDK. Diagnostic information may also be used for advertising and analytics purposes.
User-associated performance data such as app launch time, hang rate, or energy usage, which may be used to evaluate user behavior, understand the effectiveness of existing product features, and plan new features. Performance data may also be used for displaying ads, including sharing with other entities that display ads.
A Device ID such as the device's advertising identifier or other app-bounded device identifiers, which may be used for the purpose of third-party advertising and analytics.
Advertising data, such as advertisements the user has seen, may be used to power analytics and advertising features.
Other user product interactions like app launch taps, and interaction information, like video views, may be used to improve advertising performance.

i) Advertising

Advertisers and third parties also may collect information about your activity on our app, on devices associated with you, and on third-party sites and applications using tracking technologies. Tracking data collected by these advertisers and third parties is used to decide which ads you see both on our app and on third-party sites and applications. If you do not wish to participate in our advertising personalization or retargeting/tracking you can object to behavioral advertising at the following websites: Your Online Choices, Digital Advertising Alliance of Canada, Network Advertising Initiative, AdChoices and the European Interactive Digital Advertising Alliance (Europe only). In addition, you may also choose to control targeted advertising you receive within applications by using the settings and controls on your devices.

DATA PROCESSING BY US

a) Contacting us

Personal data is processed depending on the contact method. In addition to your name and email address, IP address or phone number, we usually collect the context of your message, which may also include certain Personal Data. The personal data collected when you contact us is used to process your request and the legal basis is your consent.

b) Providing our services

The protection of your data is particularly important to us in the performance of our services. We therefore only want to process as much Personal Data as is absolutely necessary. Nevertheless, we rely on the processing of certain Personal Data, to fulfill our contractual obligations to you or to carry out pre-contractual measures.

c) Registration

If you register, we will request mandatory and, where applicable, non-mandatory data in accordance with our registration form. The entry of your data is encrypted so that third parties cannot read your data when it is entered. Your data will remain stored for as long as the registration lasts, in particular if the storage is necessary for the fulfillment/execution of the contract, to enforce our rights or for our other legitimate interests or we are required by law to retain your data (e.g., within the framework of tax retention periods).

Alternatively, you are able to sign up using the convenience login and sign up from Google and Apple. For both login and sign up, you will be asked to provide your basic information (i.e., name, email address, and display picture) linked to your account. When registering via a connect function, you agree to Google/Apple's terms and conditions and consent to certain data from your Google/Apple account being transferred to us. The legal basis is your consent and the establishment and implementation of the user contract for the use of our App.

d) Profile

e) Using our App and providing Content

If you wish to use our App and its features, we process the Personal Data you voluntarily provide for the purpose of providing our App. Depending on how you use our services, you may provide recipes and upload content such as text, photographs etc or use our meal plan feature.

Some of the Personal Data you provide may be considered “special” or “sensitive”. This includes Personal Data concerning for example your health data (Special Category Data). By choosing to provide this data, you consent to our processing of that data. You have choices about the data you provide and how you share it. You don’t have to provide Personal Data or Special Category Data. It’s your choice whether to include Personal Data or Special Category Data and to make that information available to us. Please do not share information that you would not want to be available. The legal basis for the processing of your Personal Data and Special Category Data is the establishment and implementation of the user contract for the use of the service as well as your consent.

In providing our App and publishing your content including images we may process images and facial-related information from our Users. Images and facial-related information are used and processed solely for the purpose explicitly consented to and we do not collect, use, or store any images and facial-related information for the purpose of recognising faces outside of this purpose. The legal basis is your consent.

f) QR code scanner

In the app you have the option to use the QR scanner to do this,we require access to the camera of your device. Access only takes place if you have expressly consented to this.

g) Calendar

As part of our App’s functionality and when you consent to do so you can schedule reservations or track meal plans (“events”). Doing so, you can use this function to synchronize the event with your device’s calendar data. We do not have access to your calendar data nor your calendar events, settings, or tasks. Insofar as you consent to the use of our Calendar synchronization feature, consent is the legal basis for the processing.

h) Aggregated Data

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose including improving our App and Services. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this privacy policy.

i) Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.

j) Payment Data

If you take out a subscription your payment will be processed via the payment service provider Stripe and payment will solely be processed through the payment system of Stripe. The legal basis for the provision of a payment system is the establishment and implementation of the user contract for the use of the service.

k) Promotional use of your data

We use your data within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email, e.g., we may inform you about exclusive sales, promotions, or special events. The legal basis for processing is our legitimate interest.

GENERAL PRINCIPLES

a) What we do not do

We do not request Personal Data from minors and children;
We do not process special category data without obtaining prior specific consent;

We do not use Automated decision-making including profiling; and
We do not sell your Personal Data.

b) Sharing

We will not disclose or otherwise distribute your Personal Data to third parties unless this is a) necessary for the performance of our services, b) you have consented to the disclosure, c) or the disclosure of data is permitted by relevant legal provisions. In addition, we may disclose your Personal Data: in connection with law enforcement, fraud prevention or other legal proceedings; as required by law or regulation; if Food Simp (or a part of Food Simp) is sold to or merged with another company; or if we have reason to believe that disclosure is necessary to protect our business.

c) International Transfer

We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.

d) Storage

In the course of our business and App operations, we process data in our Ireland based headquarters. All data collected is generally transferred to our Amazon Web Services (AWS) Server and a MySQL Database. The legal basis for the data processing is our legitimate interest in providing our App.

e) Data Security

Our App uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as login data or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through our App.

Nonetheless, databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised, and the notice will be accompanied by a description of the action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.

YOUR RIGHTS AND PRIVILEGES

a) Privacy rights

You can exercise the following rights:

Right to information
Right to rectification
Right to object to processing
Right to deletion
Right to data portability
Right to withdraw consent
Right to complain to a supervisory authority
Right not to be subject to a decision based solely on automated processing.

If you wish to exercise any of your rights, please contact us.

b) Updating your information

If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.

c) Withdrawing your consent

You can revoke consents you have given at any time by contacting us. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

d) Access Request

In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the respective legal regulations mentioned above).

a) What we do not do

We do not request Personal Data from minors and children;
We do not process special category data without obtaining prior specific consent;

We do not use Automated decision-making including profiling; and
We do not sell your Personal Data.

f) Complaint to a supervisory authority

You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.

USA SPECIFIC PROVISIONS

The following applies to all users located in the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state's legislature and that no data protection framework similar to the DPA or GDPR exists on a federal level, we are committed to follow and apply the for your state relevant privacy rules and regulations. As of the day of drafting, the following states had enacted privacy and consumer data protection laws:

California Consumer Privacy Act (“CCPA”) including its subsequent amendments from the California Privacy Rights and Enforcement Act (“CPRA”);
Colorado Privacy Act (“CPA”);
Connecticut Data Privacy Act (“CTDPA”);
Delaware Online Privacy Protection Act (“DOPPA”);
Indiana Consumer Data Protection Act (“ICDPA”);
Iowa Consumer Data Protection Act (“ICDPA”);
Montana Consumer Data Privacy Act (“MCDPA”);
Oregon Consumer Privacy Act (“OCPA”);
Tennessee Information Protection Act (“TIPA”);
Texas Data Privacy and Security Act (“TDPSA”);
Utah Consumer Privacy Act (“UCPA”); and
Virginia Consumer Data Protection Act (“VCDPA”).

Further and under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.

Further, the following also apply:

i) “Shine the Light”

“Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Data to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Data using the contact details provided.

ii) COPPA (Children Online Privacy Protection Act)

When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

iii) CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.

iv) Telephone Consumer Protection Act (TCPA)

If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalized direct advertising per SMS.

v) Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.

vi) Right to complain

Finally, and in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the above mentioned States may lodge a complaint with the relevant district attorney or attorney general office. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.

VALIDITY AND QUESTIONS

This Privacy Policy was last updated on Monday, 29th of April 2024, and is the current and valid version. However, from time to time changes or a revision to this policy may be necessary.

If you feel that the above is not sufficient or if you have any queries as regards the collection, processing or use of your information we are looking forward to hearing from you. We will make every effort to reply as soon as possible and take into consideration any suggestions from your end.