Mobile App Privacy Policy

Effective Date: 11/13/14

This Mobile App Privacy Policy ("Privacy Policy") applies to the Atkins Nutritionals, Inc. Atkins Carb Tracker mobile application (our “App"). By using our App, you agree that your information, including your personal information, will be handled as described in this Privacy Policy.

This Privacy Policy supplements and incorporates by reference the following applicable additional terms (referred to herein as the “Policies"): the Mobile App Terms of Use; our Atkins Nutritionals, Inc. Privacy Policy; and our Atkins Nutritionals, Inc. Terms of Use. In the event of a conflict between our Atkins Nutritionals, Inc. Privacy Policy and this one, this one applies with respect to the services that are provided exclusively on the App. Please note that our practices with regard to information collection and disclosure are different in our website and on our App; therefore, if you use both, please review all applicable policies.

Information We Collect Directly From You
You are required to provide us with personal information to use certain features offered in the App. The type of information and how much you provide to us is up to you and will depend on your desired interactions with the App. Among other features, you may use our App to obtain nutritional information for groceries, restaurant meals, Atkins recipes and products; import the Atkins meal plan, create your own daily menu to track your net carb intake; keep track of your daily net carbs and your weight over time; discover foods; find a nearby restaurant with menu items in your selected carb range; and order an Atkins quick start kit. From time to time, we also may ask you to participate in a survey, and we will collect the information that you choose to provide to us through that survey.

Examples of information you may elect to share with us include:

  • Contact information (your name, email address, mailing address and phone number)
  • Information regarding your current weight and height and nutritional goals
  • Any other information that you choose to provide to us, such as your zip code so that we can help you find restaurants in your area (where available)

Information We Collect Automatically
We will track user interaction with our App. If you do not want us to collect this information from you, please do not use our App. Through various technologies (which may include cookies or similar files designed to work with mobile apps) we, and/or our third party service providers, will collect:

  • If you want to use Carb Tracker, your precise location
  • Information from your camera to enable you to use the barcode scanner (please note: we do not collect pictures that you might store on your device)
  • Device ID or alternative ID where required by the platform provider
  • Length of time spent on our App, what features you use, where you click within our App
  • Installations
  • Clicks
  • Gestures

Please see Cookies and Other Tracking Devices below for additional information.

How Do We Use Your Information?
In general, we use your information to provide and improve our services, to communicate with you, to send you offers and other promotional information, and for related purposes. For example, we use your information, including your personal information (collectively, “information") for the following purposes:

  • To provide our App and services to you, to communicate with you about your use of our services or our App, to respond to your inquiries, to manage your account, to send you information that you have requested, and for other customer service purposes.
  • To keep you up to date on product announcements, special offers or other information we think you would like to hear about.
  • To tailor the content and information that we may send or display to you, to offer location customization (e.g., for our restaurant finder), and personalized help and instructions, and to otherwise personalize your experiences while using the App or our services.
  • For marketing and advertising purposes through various marketing channels, including, without limitation, sending you promotional emails and newsletters, and for advertising on social media platforms and through App ads.
  • To better understand how users access and use our App and services, both on an aggregated and individualized basis, in order to improve our App and services, to respond to user desires and preferences, and for other research and analytical purposes.
  • To enable access to our websites.
  • If you opt-in, to send you alerts/push notifications (for example, the information that we collect automatically from you enables us to determine where to send your push notifications).
  • As we may notify you from time to time.
  • As permitted by law.

Additional Information About Carb Tracker and Barcode Scanner – And Your Choices
Your ability to turn off (or turn on) certain features of our App is governed by your device, not us. For example, in our App, Carb Tracker will use your precise location information collected through your phone to help you find a restaurant in your area. On certain devices, you may disable this feature and instead manually provide your zip code. On other devices, you must accept this feature in order to use our App.

We also will ask permission to access your camera to facilitate your ability to use the barcode scanner feature on our App. We do access your photos stored in your camera. On some devices, you must permit us to access your camera in order to use our App.

Synching with Fitness Devices and Our Websites
Your log in credentials for our App also will enable access to our websites (where registration is required). We will share information between our App and our websites to facilitate your ability to access both without having to create an account twice. In addition, you may synch certain fitness devices (which may change from time to time) with our App, which will enable you

Sharing Your Information
We do not share your personal information to non-affiliated third parties for their own marketing purposes. We may share your information, including information that we collect directly from you, information that we collect about you from third parties, and information that we collect automatically, for the following purposes and with the following persons/entities:

  • Affiliates. Our affiliates may combine your information with information that they collect about you. Our affiliates may use your information (whether alone, combined with other information, or in the aggregate) for their everyday business purposes; as part of the services that they provide to you; and to develop products or services.
  • Service Providers. Such as entities that assist us with consulting, marketing, advertising, information technology, and any other services that we use in our operations.
  • Business Transfers. In connection with a sale, purchase, merger, or reorganization.
  • Legal. When we believe it is necessary to protect the rights, property, safety of us or to comply with a judicial proceeding, court order, or legal process, or as evidence in litigation in which we are involved. Also, to law enforcement, government representatives or others where required by law.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

Tracking Mechanisms/Analytics
We and our third party service providers use tracking mechanisms designed specifically for mobile apps to track information about your use of our App. We use these tools to help us improve our services, performance and user experiences. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Currently, our systems do not recognize mobile browser “do-not-track" requests. You may, however, opt-out of analytics by visiting the Google Analytics Opt-out page and https://tools.google.com/dlpage/gaoptout

Security
Please note that no App is 100% secure, and you should implement certain measures (e.g., password protection) to assist in the protection of the personal information you upload and store on your device.

Contact Us
Please contact us by sending an email to contactus@atkins.com or you can write to us at:

Atkins Nutritionals, Inc.
Attention: Legal Department/Privacy
1050 17th Street, Suite 1500
Denver, Colorado 80265

To have personal information that you have submitted to our App changed or deleted, send us an email at contactus@atkins.com or call us toll free 1-800-6ATKINS (1-800-628-5467).

Changes to this Privacy Policy
We may modify this Privacy Policy from time to time, and we will post changes to this Privacy Policy. If we make changes that materially affect the way in which we use your information, we may attempt to notify you in advance of such changes.