Privacy Policy


This Privacy Policy informs users of the Fivegreen Website, and other Fivegreen controlled or operated websites (“Websites”) and other Fivegreen mobile applications (“Apps”) about how Fivegreen Labs, Inc., doing business as Fivegreen (“Fivegreen” or “we”) gathers and uses (i) personal information submitted to Fivegreen and (ii) aggregated information collected from the Websites, Apps and Fivegreen Services (as defined below). This Privacy Policy applies to the Websites and Apps and other Fivegreen owned websites, domains, services, applications and products (“Fivegreen Services”).

We may modify or amend this Privacy Policy from time to time. If we make material changes, as determined by us, in the way in which personal information is collected, used or transferred, we will notify you of these changes by email and by posting a modified version of this Privacy Policy on our website and by seeking appropriate user consents. Your provision of such consent or, if such consent is not required, your continued use of Fivegreen Services ten days following any changes means that you accept those changes. Even when we make changes, however, personal information collected by us will be treated in accordance with the version of the Privacy Policy in effect at the time the personal information was collected, unless we obtain your consent otherwise.

• Scope of this Privacy Statement

• Collection of Personal Information

• Use of Personal Information

• Sharing Information with Friends and in User Forums

• Control of Personal Information and Opt-Out Options

• Security of Information We Collect

• Protection of Children's Privacy

• Use of Cookies and Tracking Technology

• Enforcement of This Statement

• Links to Other Websites

• Users from Outside the United States

• DO NOT TRACK DISCLOSURE

Collection of Personal Information

Fivegreen collects and uses your personal information to manage and enhance your use and experience of the Websites and Apps and Fivegreen Services. FIVEGREEN DOES NOT SHARE INFORMATION COLLECTED FROM YOU THAT COULD PERSONALLY IDENTIFY YOU (“Personally Identifiable Information”) WITH ANY THIRD PARTY UNLESS YOU SPECIFICALLY CONSENT TO SUCH SHARING. We may share information that we collect with third parties consistent with this Privacy Policy, but such information will be aggregated and/or modified so as not to enable the identification of any user.

We may also use and allow third parties to track your browsing history profile. Such tracking will allow Fivegreen to offer you specifically tailored services and products with appropriate user consent, where necessary (both of Fivegreen and its third party partners). No personally identifiable information will be shared with any third party without your consent.

Types of Information Collected

User Information. In addition to the above personal information, we collect standard information about Fivegreen users such as:

• "Personal Diet Data", including, birthdate, height and weight, sex, and specific details of the foods and drinks that you consume and your exercise.

• Test results generated from a user’s genetic data (although we don’t store the genetic data itself).

• Email address and Fivegreen Password.

• IP addresses, browser type and your operating system.

• Pages visited on the Websites referring and exit pages, and the dates and times of the visits.

• Financial information, such as your credit/debit card number or other billing information for purchases and product upgrades.

• Any additional information relating to you and your use of the Websites, Apps or Fivegreen Services that you provide to use directly through the Websites, Apps or Fivegreen Services.

• Location data and other information about devices used to access and interact with the Websites or App.

• Information that you make publicly available or publicly post using tools made available on the Websites or via the App.

• Information you may provide in user-to-user messages.

• Information collected from promotions with third party companies.

Supplemental Information

Your information may also be supplemented with additional information from other sources, including publicly available sources.

Use of Personal Information

We will treat the information we collect as confidential. We will not share Personally Identifiable Information about you without your consent. We may share information collected from you that does not identify you or an individual with third parties, including advertisers and potential business partners. For example, we may disclose the total number of pounds lost by all Fivegreen users, the average weight loss of Fivegreen users, or generalized information about diet and exercise habits based on aggregated statistics developed from collected data.

We may also share data that does not identify an individual user:

• To fulfill the services and products you request from us.

• To operate and improve the Websites, App and Fivegreen Services available to you through Fivegreen, including developing new features and products.

• To communicate with you, respond to your requests and manage our relationship.

• To personalize the products and services provide to you.

• Measure performance of the products and Fivegreen Services.

• To allow you to participate in Challenges, contests and surveys. Fivegreen may co-sponsor promotions with other companies, in which case any information collected is likely to be shared with other participating sponsors.

• To send you marketing notices including promotions of our products and services. You can opt-out of communications from Fivegreen at any time (see control of personal information below).

• To share non-identifying event data with our product and marketing analytics partners: Braze, Amplitude, and Singular. These partners help us to analyze information about the use of Fivegreen Services for marketing purposes or in order to improve the Fivegreen Services.

• For internal purposes, which may require the transfer of such information to other Fivegreen affiliates for administrative purposes, for technical maintenance purposes, the marketing and promotion of products and services that might be of interest to you.

We may disclose your personal information (including Genetic Information) when we reasonably believe that it is required by law, a duly authorized court order, or legal process and to protect and defend the rights and interests of Fivegreen, its affiliates, suppliers, or users. If we are required to disclose your information, we will attempt to provide you with advance notice, unless we are prohibited from doing so by law.

In the event Fivegreen goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information and Personal Diet Data will, in most instances, be part of the assets transferred. We will require as a term of such transition that the entity acquiring users’ personal information and Personal Diet Data treat such information in accordance with this Privacy Policy.

In some circumstances we may use third party contractors to perform these services on our behalf. In such circumstances, we will only provide the contractor with the information needed to perform the services (for example, name and address if a contractor is delivering a product to you), and all contractors will be required to agree to confidentiality obligations with respect to your personal information.

Apple Healthkit

Notwithstanding the foregoing, Fivegreen will not use or disclose to third parties user data gathered from the Apple, Inc. Healthkit framework or Healthkit API for advertising or other use-based data mining purposes other than improving health, or for the purpose of health research. In no event will any information be collected from Healthkit users for use by third parties in compliance with this section without obtaining user consent.

Sharing Information with Friends and in User Forums

The Fivegreen Services allow you to share your diet and exercise goals and information with friends that you select.

Please bear in mind that Fivegreen cannot control what your friends do with the information you share with them, so you should only share with friends you trust.

Control of Personal information and Opt-Out Options

Fivegreen values the accuracy of the information you provide. All users can confirm, change, or update personal information you have provided to us by contacting Fivegreen Customer Care.

If you want to opt-out of communications from Fivegreen, you can do so by contacting Fivegreen Customer Care. If you change your mind, you can opt-in again by contacting Fivegreen Customer Care. When you opt-out of promotional communications from us, you may still receive service messages (such as an order confirmation) and legally mandated notices. Users that are residents of the European Union have additional rights with respect to personal information, as explained below.

Security of the Information We Collect

We take commercially reasonable precautions in an effort to protect your information against security breaches. For example, we store personal information and Personal Diet Information in a secure, limited access facility, and we use industry-standard firewalls and security software design to protect the security and integrity of your Personal Diet Information. However, this is not a guarantee that your information may not be accessed, disclosed, altered, or destroyed. By using the Websites, Apps and Fivegreen Services, you acknowledge that you understand and agree to assume these risks.

Protection of Children's Privacy

Fivegreen is a general interest website, and we do not knowingly collect any personal information from children. If you are under 18, you are not permitted to use the Websites or App. Consistent with the Children's Online Privacy Protection Act (“COPPA”) and the General Data Protection Regulation, the Websites and App are not intended for use by anyone under the age of 18 (COPPA's minimum protections are for minors 13 years of age or under). Fivegreen does not knowingly collect personal information from children through this Web Site.

If you are a parent with concerns about children's privacy issues in conjunction with the use of this Web Site, please contact Fivegreen Customer Care. Fivegreen encourages parents to discuss this Privacy Policy and the dangers of providing Personal Information on-line.

Use of Cookies and Tracking Technology

Cookies. When you visit the Websites, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the Websites the cookie may be read. A “cookie,” is a small text file placed on the user's hard drive to track usage of the Websites and collect basic information, which may include certain of your preferences. We use cookies to gain knowledge of Internet usage, improve content and advertisements, collect the site visitation data described above and in some cases to deliver specialized content. Cookies also help to prevent you from having to register or re-enter your information every time you visit the Web Site in a streamlined fashion. Some of our advertisers and partners occasionally use cookies as well. Fivegreen does not have any control over the cookies used by advertisers and partners.

If you would like to avoid cookies, your web browser may have an option that enables you to disable or not accept cookies. It should be noted, however, that should you disable or not accept cookies, portions of the Web Site may not properly function.

Web Beacons. We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate site visitation data by tracking how users navigate to and through our Websites. We may also use this technology to track the delivery of HTML email messages. Data collected through this mechanism is not linked to personal information. A web beacon is an electronic image and string of code that is imbedded in a web page or email which allows us to track web page views/hits or the opening of an email containing a beacon. We may use web beacon in conjunction with cookies to track web site activity on www.loseit.com. Web beacon tracking by Fivegreen does not identify the name or email address of the web user or mail recipient.

Mobile Analytics

In addition, Fivegreen or our partners may use analytics technology to track anonymous traffic data about use of the Apps. As noted above, we share non-identifying event level data with our analytics partners Amplitude to help us learn about and improve use of the Apps. Such partners have the right to retain and use the anonymous traffic data collected by through the analytics service from users of the Websites or the Apps. We work to ensure these third parties provide privacy protections equal to those required under this Privacy Policy and Apple’s Developer Guidelines.

Interest-Based Advertising

When you use our apps, third parties may collection data about your mobile device in order to serve ads on other apps or websites that are tailored to your interest. This practice is known as 'interest-based advertising.' Examples of data that may be collected includes: IP addresses, identifiers associated with your mobile device (also called 'Advertising Identifiers'), or any ads that you click while using our app. If you wish to opt out, please click here for instructions.

We are providing you with this information and ability to control these setting in accordance with our commitment to the Digital Advertising Alliance's Self Regulatory Principles. To learn more about the principles, please visit http://aboutads.info/consumers/.

Links to Other Websites

Our Websites may contain links to other websites. Please be aware that we are not responsible for the privacy practices of these other sites, and we encourage you to review the policies of each site you use. We cannot control the actions of such third parties or be held responsible for their use of any information that you provide directly to them.

Legal Bases for Processing Your Information

We rely on the following legal grounds to process your personal information:

• Performance of a contract – If you choose to make a purchase through the Websites or Apps, we need to collect and use your personal information to perform our agreement with you.

• Consent – We may use or disclose some of your personal information as described in this Privacy Policy subject to your consent.

• Legitimate interests – We may use your personal information for our legitimate interests to improve our products and services. Consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable laws, we may use technical information as described in this Privacy Policy and use personal information for our marketing purposes.

Transfer and Processing of Data

For users within the United States, we process data in data centers located in the United States. We have adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of user data in our possession. We comply with state and federal laws governing the protection of personal information.

For users within the European Union, we transfer data from the European Union to data centers located in the United States for processing. The European Commission has determined that the law of the United States does not provide a level of protection adequate to satisfy the requirements of Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and free movement of such data, known as the General Data Protection Regulation (“GDPR”). As to users residing in the EU, however, we extend the rights provided for by the GDPR – as detailed below – including the imposition of required safeguards with respect to accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of data. Transfers of EU resident data from the EU to the United States from third parties (such as third party payment processors) are conducted in accordance with appropriate transfer mechanisms under the GDPR, principally contractual clauses approved by the European Commission.

If you are a resident of the EU, you have the right to:

• request an accounting of all personal information that we possess that pertains to you in an electronically portable format (e.g., electronic copies of information attached to an email).

• request that we change any personal information that pertains to you.

• request that we delete any personal information that pertains to you.

• fully or partially withdraw your consent to the collection, processing, and/or transfer of your personal information.

To request an accounting of your personal information, a change to your personal information, deletion of your personal information, or to withdraw your consent to the collection, processing, and/or transfer of your personal information, contact Fivegreen Customer Care. Once we have received notification that you withdraw your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

If you believe that we have misused your personal data, you also have a right to lodge a complaint with a national Data Protection Authority. Each European Union member nation has established its own Data Protection Authority; you can find out about the Data Protection Authority in your country here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

Data Retention and Deletion

We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. In some circumstances, we may anonymize your personal information so that it can no longer be associated with you, in which case it is no longer personal information.

It is our policy to retain personal information for 6 months once such personal information is no longer necessary to deliver the Website and Apps and to delete such personal information thereafter. This means that, if you close your account with us, we will delete personal information associated with your account after 6 months. Regarding other types of information we collect as described in this policy, it is our policy to retain such personal information for 6 months and to delete such personal information thereafter.

DO NOT TRACK DISCLOSURE

Fivegreen does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may be able to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.

Third parties that have content embedded on the Websites or App such as a social feature may set cookies on a user's browser and/or obtain information about the fact that a web browser visited the Websites from a certain IP address. Third parties cannot collect any other personally identifiable information from the Websites unless you provide it to them directly.

Contact Information

We welcome your input on our privacy statement. If you have any questions or suggestions regarding our privacy statement, please contact Fivegreen Customer Care at info@getfivegreen.com.