Privacy Notice

Effective as of: April 29, 2024

This Privacy Notice is designed to help you understand how Reface Lithuania UAB d/b/a BitePal(“BitePal”, “we”, “us,” and “our”) collects, uses, and shares your personal information and to help you understand and exercise your privacy rights.

We are committed to protecting and respecting your privacy and will use your personal information on the terms specified below and in accordance with the General Data Protection Regulation (the “GDPR”), the California Consumer Privacy Act of 2018 (the “CCPA”), California Privacy Rights Act (the “CPRA”) and other applicable laws, regulations and guidelines.

1. Scope

This Privacy Notice applies to personal information processed by us on BitePal mobile app (“App”). To make this Privacy Notice easier to read, our mobile app and our related offerings are collectively called “Services.”

2. Changes to our Privacy Notice

We may revise this Privacy Notice from time to time in our sole discretion. If there are any material changes to this Privacy Notice, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect. Also, we encourage you to regularly review this Privacy Notice to check for any changes.

3. Personal Information We Collect

The categories of personal information we collect depend on how you interact with us, our Services and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

3.1          Information You Provide to Us Directly

 We may collect the following personal information that you provide to us.

1. Account Creation. We may collect information when you create an account, such as your name, email address, and Google or Apple profile information.
2. Eating habits and behaviors. We may collect information about your eating preferences such as products you don’t eat, your eating window (first and last meal), total number of meals per day and other data you may provide to us regarding your food habits.
3. Pictures. We may collect pictures of your meals that you upload from your device while using our App. Please note, you won’t be able to upload content from your camera roll unless we can access your device’s camera.
4. Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., the content that you share and social media pages). Any information you provide on the public sections of these features will be considered “public”, unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
5. Purchases. We may collect personal information and details associated with your purchases, including payment information. In some cases, you may need to provide us with additional information to verify your identity before completing a transaction. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
6. Your Communications with Us. We may collect personal information, such as name and surname, email address and other personal data you may provide to us when you register on BitePal (including, registration via Google OAuth), request information about our Services, subscribe to receive our newsletter or marketing, request customer or technical support, or otherwise communicate with us.
7. Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

3.2           Information Collected Automatically

We may collect personal information automatically when you use our Services:

1. Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), Internet service provider, and metadata about the content you provide which can provide details such as the location of where a picture or video was taken. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, your history of using the app history, and other information about how you use our Services. In addition, we may automatically collect information that other people provide about you when they use our Services, including information about you when they tag you.
2. Analytics. We utilize third-party tools to analyze data that is automatically collected. Among our analytics partners is Amplitude. To gain a comprehensive understanding of how your data is managed in these processes, please refer to Amplitude’s Privacy Notice. It's important to note that the analytics data we handle is general and anonymized. This means that the information is processed in a way that prevents any user from being re-identified. We are committed to ensuring the confidentiality and privacy of our users in all our data analysis practices.

3.3           Information Collected from Other Sources

We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party or third-party application that you have made available via your privacy settings.

4. How We Use Your Information

We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

4.1           Provide Our Services

We use your information to fulfill our contract with you and provide you with our Services, such as:

1. Providing our AI food tracking, analytics and other similar Services;
2. Managing your information and account;
3. Providing access to certain areas, functionalities, and features of our Services;
4. Answering requests for customer or technical support;
5. Communicating with you about your account, activities on our Services, terms of use, privacy notice and other policy changes; and
6. Processing your financial information and other payment methods for Services purchased.

4.2           Administrative Purposes

We use your information for various administrative purposes, such as:

1. Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), establishing new business relationships, network and information security, and fraud prevention;
2. Detecting security incidents, data breaches and leakages, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
3. Measuring interest and engagement in our Services;
4. Short-term, transient use, such as contextual customization of ads;
5. Improving, upgrading or enhancing our Services;
6. Developing new products and Services;
7. Ensuring internal quality control and safety;
8. Authenticating and verifying individual identities;
9. Debugging to identify and repair errors with our Services;
10. Auditing relating to interactions, transactions and other compliance activities;
11. Enforcing our agreements and policies; and
12. Complying with our legal obligations.

4.3          Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

Some of the ways we may market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in Section 16 (“Contact us”) below with the subject line “Do Not Share My Personal Information for Cross-Context Behavioral Advertising”.

4.4           Other Purposes

We also use your information for other purposes as requested by you or as permitted by applicable law.

1. Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
2. De-identified and Aggregated Information. We may use personal information and other information about you to create de-identified and/or aggregated information, such as de identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create.
3. Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends or colleagues through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.

5. How We Disclose Your Information

We disclose your information to third parties for a variety of business and legal purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

5.1          Disclosures to Provide our Services

The categories of third parties with whom we may share your information are described below.

1. Other Third Parties. When you use the Services, you may choose to share personal information or content with other third parties via the functionalities of the App.
2. Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, payment processing, customer service, and related services.
3. Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.
4. Subsidiaries and Affiliates. We may share your personal information with members of our corporate family.
5. Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
6. APIs/SDKs. We may use third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth below in Section 16 (“Contact us”).

5.2           Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

5.3           Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be transferred as part of such a transaction, as permitted by law and/or contract.

6. Your Privacy Choices and Rights

6.1           Your Privacy Choices

The privacy choices you may have about your personal information are determined by applicable law and are described below.

1. Devices. We may send you push notifications through our App. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our App. You may opt out of this collection by changing the settings on your mobile device.
2. “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
3. Cookies and Interest-Based Advertising. You may stop or restrict the placement of tracking tools on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada. Please note you must separately opt out in each browser and on each device.

6.2             Your Privacy Rights

In accordance with applicable law, you may have the right to:

1. Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; or (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company (aka the right of data portability);
2. Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
3. Request Deletion of your personal information;
4. Request the Transfer of your personal data to you or to a third party;
5. Request Restriction of or Object to our processing of your personal information; and
6. Withdraw Your Consent to our processing of your personal information.

If you would like to exercise any of these rights, please contact us as set forth in Section 16 (“Contact us”) below. We will process such requests in accordance with applicable laws.

7. Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

8. International Data Transfers

Your data may be transferred outside the European Economic Area (EEA) to our group companies that are located outside the EEA and/or to third-party service providers which BitePal engages in other regions (including without limitation Ukraine and the USA), which may have data protection laws that are different from the laws where you live.

If you are from the EEA, it is important for you to know that the transfer of your data to the recipients in these countries is secured either by the participation of the contractors from these countries on the basis of standard contractual clauses adopted by the European Commission or another basis compliant with the EU data protection laws. By using our Services, you agree to such transfer and processing within the purposes set in this Privacy Notice.

In all cases we pass the information to other persons, we ensure that your information is being protected and used only within the purposes specified in this Privacy Notice. This is achieved by using only certified services and products, signing agreements on protection of personal data and non-disclosure agreements with contractors, as well as taking technical measures ensuring the information is protected when stored, used and while being transferred.

You also have to be aware of the fact that BitePal may disclose your personal information to enforce and comply with the law. In other words, BitePal may disclose to officials the information necessary for the investigation or legal process on official request or the official bodies acting within their powers.

9. Retention of Personal Information

We may store the personal information we collect as described in this Privacy Notice for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Personal information which you provide us with during the Services usage will be shown in your personal account on the App and stored on Google Cloud Storage servers during the period you have a valid and active account unless you delete such data manually using the App functionality, or via “Remove my data” or any other similar button on the App. We will also delete your data in case you delete your account.

Please note that you also may also request us to delete your personal data by sending us an email at hi@bitepal.app or by contacting us via any other available means.

10. Supplemental Notice for California Residents

10.1 This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the CCPA and the CPRA. The CCPA and the CPRA provide California residents with the right to know what categories of personal information a person (either a natural person or a legal entity) has collected about them and whether such person disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve (12) months. California residents can find this information below.

10.2            Additional Privacy Rights for California Residents

“Sales” of Personal Information under the CCPA and CPRA. For purposes of the CCPA and CPRA, BitePal does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.

Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA and CPRA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact us as set forth below.

Verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address associated with any personal information we have about you.

Limit of use and disclosure of sensitive personal information. You can ask us to only use your sensitive personal information (for example, your precise geolocation data) for limited purposes, such as providing you with the services you requested.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in Section 16 (Contact Us). We will process such requests in accordance with applicable laws.

11. Supplemental Notice for Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us as set forth in Section 16 (Contact Us) with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

12. Supplemental Notice for Virginia Residents

Under the Virginia Consumer Data Protection Act, you may request us to exercise your right to access your personal data, to correct inaccuracies in your personal data, to obtain a copy of your personal data, to opt out of the processing of the personal data for purposes of (a) targeted advertising, (b) the sale of personal data, or (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Please note that we do not currently sell your personal information as sales are defined in Chapter 53 of the Code of Virginia.

13. Children’s Information

We adhere to the provisions of the GDPR and the U.S. Children’s Online Privacy Protection Act (“COPPA”) regarding the processing of minors’ personal information. The Services are not directed to children under 16 (or other either lower or higher age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth in Section 16 (Contact Us). If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information.

14. Third-Party Websites/Applications

The Services may contain links to other websites/ applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

15. Supervisory Authority

If you reside in the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law. The full list of authorities on the protection of personal data in each EU member state is here: https://digital-strategy.ec.europa.eu/en/library/list-personal-data-protection-competent-authorities.

Our Lithuanian data protection authority has the following details:

State Data Protection Inspectorate

Website: https://vdai.lrv.lt/

E-mail: ada@ada.lt

16. Contact Us

Reface Lithuania UAB d/b/a BitePal is the controller of your personal information. If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at:

Reface Lithuania UAB d/b/a BitePal, Gynėjų St. 4-333, Vilnius, the Republic of Lithuania

hi@bitepal.app

BitePal team