Wombat Apps LLC is headquartered in Washington State in the United States. If you are a resident of the European Union (“EU”), Wombat Apps LLC is the controller of your personal data for the purposes of EU data protection laws.
The Information We Collect and Receive
We collect only the information relevant to providing you with a Service, and use your information only to ensure the fulfillment of this Service. You are free to refuse our request for your information, with the understanding that we may be unable to provide you with some of your desired Services without this information. When you use Carb Manager, we collect the following types of information.
We collect some personal information, which can be used to identify you as a person, to provide you with the Carb Manager Service. This information may include but is not limited to, your email address, your mobile device unique device ID, name, IP address, and profile image.
In addition to the above personal information, in order to improve your experience and enable additional features of Carb Manager, you may choose to provide us with user information. The information includes, but is not limited to: nutrition and fitness goals, food logs, exercise logs, and notes. Other types of user information include communication with our customer support agents via the support center; messages posted to our discussion board; and information shared directly with other users who are added as friends.
We may collect certain health information subject to GDPR protections of sensitive information in the course of providing you a Service. Carb Manager's legal basis for collecting this information is the explicit consent granted when creating a Carb Manager account, which can be revoked at any time by deleting your account or contacting us.
Payment Card Information
If you purchase a subscription on our website, we collect payment card information in order to process the transaction, including your payment card number, expiration date, billing zip code, and CVV number. This payment information, excluding the CVV number, is stored in an encrypted format by our third-party payment processor, FastSpring (www.fastspring.com).
Like many websites and applications, we collection general usage data in order to analyze trends and monitor performance. This information includes, but is not limited to, browser type and operating system, pages that you visited, time spent on the Service, IP address, crash reports, cookie information and pages that referred you to us.
We use "cookies" to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit so we can understand how you use our site and serve you content based on preferences you have specified.
Third-Party Fitness & Health Device Information
If you consent to receive fitness and health information from a third-party platform (such as Fitbit, Garmin, or Apple Health), we will receive information that you have authorized on each synchronization with that platform. This information may include exercise minutes, calories expended, steps taken in a day, body weight, and other metrics.
How We Use This Information
- To provide, update, maintain and protect our Service
- To improve our Service, including researching and developing new features and products
- To personalize the Service to better meet your needs
- To communicate with you by responding to your requests, comments, and questions. If you contact us, we may use your information to respond.
- To send emails and other communications regarding our Service, including marketing, technical, and administrative messages. You can opt-out of marketing emails at any time by clicking the "unsubscribe" in the email footer.
- To analyze performance and trends of our Service
- For billing, account management, and other administrative matters
- To investigate and help prevent security issues and abuse
For personal data of individuals in Switzerland, UK, and the EEA that is subject to GDPR protections, we rely on several legal bases to process the data. These include:
- Consent: For certain types of data, such as health information subject to GDPR protections for sensitive personal data, we request consent prior to collecting and processing those data. Consent may be withdrawn at any time by deleting your account or contacting us at firstname.lastname@example.org.
- Performance of a contract: When processing of data is necessary to perform a contract with you, like the Terms of Service, we apply this as our legal basis for processing.
- Legitimate business interests: When we have a legitimate business interest in processing certain data, such as to improve, personalize, and develop the Service, market new features, and promote safety and security, that is our legal basis for processing.
How We Share And Disclose Information
Carb Manager treats your information as confidential. We do not sell information to any third parties.
We do not share your information except in these limited circumstances:
When You Instruct Us To Share
For example, if you add a friend on Carb Manager, we will then share information with that friend. We will share information with third-party fitness and health platforms only if you consent to this sharing. If you post information to a community forum, that information will then be shared publicly.
For External Processing
For Legal Reasons Or To Prevent Harm
We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Service or the physical safety of any person.
As Part Of A Business Transfer
Information for Individuals in Switzerland, UK and the EEA
When you create a Carb Manager account and submit health information to Carb Manager, you consent to allow Carb Manager to process your health information for the purposes of providing and improving the Carb Manager Service. You may revoke your consent at any time per the instructions below.
We provide tools to access, modify, and delete your data as an integral part of our Service and in the application settings, available regardless of where you live. If you live in Switzerland, the UK, or the EEA, you have certain additional legal rights pertaining to your data.
Accessing and Porting
You have a right to access a full record of all data that we control that pertains to you. This data will be delivered in an electronic format in such a manner that complies with applicable laws.
Rectify, Restrict, Limit, Delete
You have the right to rectify, restrict, limit, or delete some or all of your information. We will comply with your request in a reasonable time frame and in a manner that complies with applicable law, subject to any superseding legal requirements, such as data retention.
Where we process your information based on our legitimate interests explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.
Where you have previously provided your consent, such as to permit us to process health-related data about you, you have the right to withdraw your consent to the processing of your information at any time. For example, you can withdraw your consent by deleting your account or contacting us.
If you live in the EU and wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
Information for California Residents
If you are a resident of the State of California, you have certain additional legal rights afforded by the California Consumer Privacy Act ("CCPA"). California residents have the right to request information on the categories and specific pieces of personal information collected and how this personal information is used and shared. California residents also have the right to request deletion of their personal information, to receive equal service regardless of the exercising of their rights, and to be able to opt out of the sale of their personal information.
Carb Manager does not sell personal information, and will not in the future without providing the ability to opt out.
California residents may make a rights request by contacting email@example.com. We will request information to verify your identity prior to fulfilling your request.
Receive Equal Service
You have the right to equal service, regardless of whether or not you exercise any of these rights. We do not in any way discriminate against users who exercise their rights.
Data Retention Policy
Information about you that is no longer necessary and relevant to provide our Services may be de-identified and aggregated with other non-personal data to provide insights, such as statistics of the use of the Services. This information will be de-associated with your name and other identifiers.
Carb Manager is operated from the United States, with servers located in the United States. If you are located outside of the United States and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the United States, as it is necessary to provide the Services and perform the Terms of Service. United States privacy laws may not be as protective as those in your jurisdiction.
Apple HealthKit Notice
Carb Manager 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.
We take security seriously, and do what we can within commercially acceptable means to protect your information from loss or theft, as well as unauthorized access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee the absolute security of your data.
Protection of Children's Privacy
Carb Manager does not knowingly collect any information from children. If you are under 18, you are not permitted to use Carb Manager. Consistent with the Children's Online Privacy Protection Act (“COPPA”), Carb Manager is not intended for use by anyone under the age of 18 (COPPA's minimum protections are for minors 13 years of age or under).
If you are a parent with concerns about children's privacy issues in conjunction with the use of this website, please contact us at firstname.lastname@example.org.
Links to Other Sites
California Civil Code Section § 1798.83
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. However, we do not disclose personal information to third parties for their direct marketing purposes.
Wombat Apps LLC
c/o Privacy Officer
8201 164th Ave NE, Suite 200
Redmond, WA 98052
United States of America
Our representative in the EU:
Maetzler Rechtsanwalts GmbH & Co KG
Attorneys at Law
c/o Wombat Apps LLC
Schellinggasse 3/10, 1010 Vienna, Austria
Modified: December 31 2020