Ultimate Nutrition App Privacy Policy

Effective: September 19th, 2023

IMPORTANT NOTICE

At BIOptimizers USA Inc. (BIOptimizers), our mission is to help you along your ﬁtness and

wellness journey and we want you to know how we collect and use the data that you

provide to us over the course of that journey. Ultimate Nutrition App is the mobile

application (“Mobile App”) (which we collectively refer to in this Privacy Policy as the

“Services”). We encourage you to read this Privacy Policy as well as our terms and

conditions of use (referred to throughout as our “Terms”).

BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER

OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES AS

DESCRIBED IN THIS PRIVACY POLICY.

Ultimate Nutrition App and all associated Services and systems, including registration, is housed

on servers in the United States. If you are located outside of the United States, please be aware

that information we collect (including cookies and device data) will be processed and stored in

the United States, a jurisdiction in which the data protection and privacy laws and principles,

including your data subject rights, may not offer the same level of protection as those in the

country/region where you reside or are a citizen. By using our Services and providing information

to us, you consent to the transfer to and processing of the information in the United States and,

unless otherwise stated in this Privacy Policy, we use this consent as the legal ground for that

data transfer. You may be asked for your explicit consent to this data transfer as part of account

creation.

Please read this Privacy Policy carefully, as your access to and use of the Services signiﬁes that

you have read, understand and agree to all terms within this Privacy Policy. If you do not agree

with any part of this Privacy Policy or our Terms, please do not access or continue to use any of

the Services or otherwise submit your Personal Data (deﬁned below) to us.

Note to Residents of the European Union: In order to comply with the requirements of

the European General Data Protection Regulation (GDPR) for our European consumers

and users, this Privacy Policy outlines the legal bases on which we process your Personal

Data and provides other information required by the GDPR. Further country/region

speciﬁc information for our European consumers and users is outlined in the

location-speciﬁc disclosures section.

Information About Your Personal Data

This Privacy Policy relates to data about you, your devices, and your interaction with our

Services.

“Personal Data” is information that can be used to identify you, directly or indirectly,

alone or together with other information. This includes things such as your full name,

email address, phone number, device IDs, certain cookie and network identiﬁers, and

“Fitness and Wellness Data.”

Ultimate Nutrition App collects, uses, discloses and processes Personal Data as outlined in

this Privacy Policy, including to operate and improve the Services and our business; for

advertising and marketing; and to provide you with innovative ﬁtness and wellness

services, as further described in this Privacy Policy.

We may create de-identiﬁed or anonymous data from Personal Data by excluding data

components (such as your name, email address, or linkable tracking ID) that makes the

data personally identiﬁable to you, through obfuscation, or through other means. Our use

of anonymized and de-identiﬁed data is not subject to this Privacy Policy.

How We Collect and Use Personal Data

We collect your Personal Data in a number of ways and for various purposes, including:

1. When you register for an account or interact with our Services

We collect Personal Data when you use or interact with our Services, including when you

the content available on the Services), and when you ask us to customize our Services.

This Personal Data may include name, photo, username and password, email address, date

of birth, gender, and general location data.

2. When you input Fitness and Wellness Data within our Services or use our

Services that collect or ingest data from mobile device sensors

“Fitness and Wellness Data” includes data you provide related to your dietary habits,

dietary restrictions, ﬁtness activity, ﬁtness goals, lifestyle (e.g., sleeping habits), life events,

ﬁtness goals, height, weight, measurements, ﬁtness level, heart rate, sleep data, BMI,

biometric data, and similar types of data relating to physiological condition, and activity.

We collect this data in order to provide the Services and to tailor features and services to

your interests and goals, including providing meal suggestions, reporting and analytics,

workout suggeestions, and meal planning related services, and product recommendations.

3. When you use or interact with a wearable or other connected devices

Note on Apple HealthKit Data

You can choose to connect and share your information with HealthKit and your HealthKit

information with Ultimate Nutrition App. The information you provide to HealthKit is

then governed by the Apple Terms and Conditions and Privacy Policy. The unique

information you choose to send from HealthKit is not used by Ultimate Nutrition App for

marketing and advertising or transferred by Ultimate Nutrition App to third parties for

marketing and advertising.

Note on Google Fit Data

You can choose to connect and share your information with Google Fit and your Google

Fit information with Ultimate Nutrition App. Ultimate Nutrition App’s use and transfer of

information received from Google APIs to any other app will adhere to Google API

Services User Data Policy, including the Limited Use requirements. The unique

information you choose to send from Google Fit is not used by Ultimate Nutrition App for

marketing and advertising or transferred by Ultimate Nutrition App to third parties for

marketing and advertising.

4. When you communicate with us or sign up for promotional materials

We collect Personal Data when you communicate with us or sign up to receive

promotional materials or information (“Messages”) via email and push notiﬁcations.

If you consent to receive Messages, we may use your Personal Data and other information

to communicate with you about the Ultimate Nutrition App Services you have or used; to

notify you of other features.

Please note that regardless of your email settings, we may send you Messages pertaining

to the performance of our Services, such as revision of our Terms or this Privacy Policy or

other formal communications relating to Services you have purchased or use.

We may use your Personal Data to respond to and address your requests for technical

support, questions or complaints about the Services, or any other communication you

initiate. This includes accessing your account to address technical support requests.

5. When we leverage and/or collect device IDs, Location, data from the

environment, and other tracking technologies

We may collect certain Personal Data using technologies such as device IDs and IP

addresses. Our Personal Information section contains more information and options to

control or opt-out of certain data collection or uses.

6. When we aggregate or centralize data

We aggregate and centralize Personal Data and Fitness and Wellness Data for purposes

of analytics, innovation, and to provide enhanced services to our customers and

end-users.

7. When you ask us to customize our Services

We use photos, videos, or other data you provide to us to customize our Services.

8. When we comply with Legal Requirements or Obligations, Law Enforcement,

and for Public Safety Purposes (location-speciﬁc disclosures may apply)

We may use Personal Data in order to comply with laws, regulations, court orders, or

other legal obligations or to assist in an investigation, to protect and defend our rights and

property, or the rights or safety of third parties, to enforce our Terms, this Privacy Policy,

or agreements with third parties, or for crime-prevention purposes.

How We Disclose Personal Data

We may disclose your Personal Data for the purposes as described in the prior section of

this Privacy Policy, in the Location-Speciﬁc Disclosures section, and in the following ways:

1. Operation and Improvement of Services and User Experience

Internally to relevant departments within Ultimate Nutrition App and BIOptimizers, in

order to provide and improve Services.

2. To Service Providers and Vendors

Notice for Apple Users

For Apple users, our iOS mobile app shares personal data with third parties as described in

this Privacy Policy. We take measures to ensure such third parties provide privacy

protections identical to or equal to those required under this Privacy Policy and apple’s

developer guidelines.

3. For Certain Analytics and Improvement

With certain companies for purposes of analytics and improvement of the Services.

4. For Legal Compliance, Law Enforcement, and Public Safety Purposes

(location-speciﬁc disclosures may apply)

With law enforcement, government or regulatory bodies, lawful authorities, or other

authorized third parties in order to comply with laws, regulations, court orders, or other

legal obligations or to assist in an investigation, to protect and defend our rights and

property, or the rights or safety of third parties, to enforce our Terms of Use, this Privacy

Policy, or agreements with third parties, or for crime-prevention purposes.

5. In the event of an actual or contemplated sale. (location-speciﬁc disclosures

may apply)

With prospective or actual purchasers, investors, or successor entities in connection with

a contemplated reorganization or an actual reorganization of our business, in connection

with ﬁnancing, a sale, or other transaction involving the disposal of all or part of our

business or assets, including for the purpose of permitting the due diligence required to

decide whether to proceed with a transaction, pursuant to assurances of sufﬁcient data

handling practices and safeguards.

Residents of the european economic area. Our disclosure is limited to situations where we

are permitted to do so under applicable European and national data protection laws and

regulations.

Legal Basis for Processing

This section addresses the legal basis for processing your data if you reside outside the

United States (within the United States, you typically provide consent when you receive

notice of this Privacy Policy in a website link or mobile app). Some processing is addressed

in multiple sections because more than one legal basis may apply depending on the

circumstances or service.

For the purposes of applicable data protection laws, BIOptimizers USA, Inc. is the

controller of the Personal Data you provide to us (“Data Controller”). As a Data

Controller, we process the Personal Data we maintain about you in accordance with this

Personal Data, or if you have questions regarding this Privacy Policy, please see our

location-speciﬁc disclosures for appropriate contact information.

Note for Residents of the European Union: For more information on the Legal Basis for

processing see the EEA location-speciﬁc disclosures.

We collect and process your Personal Data for a variety of purposes outlined in this

1. For the Performance of a Contract

To perform our contractual obligations to you in connection with the Services, including

but not limited to account registration, contacting you in relation to any issues with the

Services, when you ask us to customize our Services, or to aggregate and centralize data

for the performance of the Services.

2. To Meet Legal Obligations

To comply with laws, regulations, court orders, or other legal obligations or to assist in an

investigation.

3. For Legitimate Interests

To operate our business and provide the Services, other than in performing our

contractual obligations to you for Ultimate Nutrition App’s “legitimate interests” for the

purposes of applicable law - except where overridden by the interests or fundamental

rights and freedoms that require protection of Personal Data.

For example, the following areas include processing covered by Legitimate Interests,

subject to applicable law:

● Communication. To communicate with you regarding the Services, including to

provide you important notices regarding changes to our terms and also to address

your requests, inquiries, and complaints. We may send strictly necessary

communications, including emails, even if you have opted out of receiving other

Ultimate Nutrition App emails or communications. These types of communications

do not require consent. We also process your Personal Data for our legitimate

interests when you communicate with us, including when you sign up for

promotional materials and we have not asked you for your consent in that regard.

● Respond to Your Requests. To respond to your requests for technical support,

online services, product information or to any other communication you initiate.

This includes accessing your account to address technical support requests.

● Surveys. To send you surveys in connection with our Services.

● Compliance with Law and Public Safety. To assist in the investigation of suspected

illegal or wrongful activity, including sharing information with other entities for

fraud, loss, and crime prevention purposes. To protect and defend our rights and

property, or the rights or safety of third parties.

● Improvement and Development. To develop, provide, enhance, and improve our

Services and your experience, including to enable you to use the full range of our

Services (e.g., when we collect, use, or otherwise leverage device IDs, general

location data, data from the environment, and other tracking technologies; when

we aggregate and centralize data). For internal purposes related to certain

research, analytics, innovation, testing, monitoring, risk management, and

administrative purposes.

● Enforcing Terms and Notice. To enforce our Terms or this Privacy Policy.

● Merger or Acquisition. (location-speciﬁc disclosures may apply). To support a

contemplated reorganization or an actual reorganization of our business, in

connection with ﬁnancing, a sale, or other transaction involving the disposal of all

or part of our business or assets, including for the purpose of permitting the due

diligence required to decide whether to proceed with a transaction.

Consent as a Basis for Processing

In some cases, we will ask for your consent to process your Personal Data. You may

indicate your consent in a number of ways, including, as permitted by law, ticking a box (or

equivalent action) to indicate your consent when (i) providing us with your Personal Data

through our Services or a form (ii) registering or creating an account with us. Due to

different countries’ laws governing consent for the collection and use of Personal Data,

the requirements for consent will differ across regions. We may request your consent for

a number of activities including:

1. Ultimate Nutrition App or BIOptimizers Marketing and Communication

We may ask for your consent to contact you by email or push notiﬁcations about other

offers or services that we think may be of interest to you.

2. Collecting Mobile Device IDs

When you use our Mobile App we may ask for your consent to collect these (this consent

may be captured at the operating system level). To change your consent status for this

data, please go to the preferences of the Mobile App. If you choose not to provide this

information, certain Services features may be unavailable or not function properly.

3. Processing Sensitive Personal Data

We may request your consent to process sensitive Personal Data. The Ultimate Nutrition

App may require this data to provide the Services included. If you choose not to provide

sensitive Personal Data (for example, speciﬁc kinds of Fitness and Wellness Data), certain

features or Services may be unavailable or not function properly.

4. Transfer of Data

We transfer data to the United States and to other countries/regions for processing. We

may request your consent for this transfer or the transfer, in other cases, may be justiﬁed

by a legal basis other than consent.

5. Automated Processing

We may use some automated processing to provide our Services and to make

recommendations in the context of speciﬁc services. This processing is strictly necessary

for providing certain Services (and, in some cases, is the service itself) and is not covered

by consent. Other automated processing is not signiﬁcant either due to the nature of the

data or the decisions being made or recommended, and so consent is not required.

However, for automated processing that is signiﬁcant and related to sensitive Personal

Data, we will ﬁrst seek your consent.

Managing Preferences and Withdrawing Consent

You may at any time withdraw your consent with future effect and without affecting the

lawfulness of processing of your Personal Data based on the consent you provided before

you withdrew it, and exercise other controls regarding website and online data collection,

and app preferences. Collection and use of Personal Data may be required for the Services

to work.

We provide you several ways to manage your preferences:

IP Address Use

An IP address refers to an identiﬁer assigned by a network to a computer, mobile device,

Internet of Things (IoT) device, or routing device. IP addresses, for purposes of this

is visible to the Internet, as well as “local” IP addresses, which are IP addresses assigned to

computers and mobile devices “behind” a router (such as a home router). Our advertising

and analytics partners may use IP addresses to group or correlate devices for purposes of

analytics, security and anti-fraud purposes, interest-based advertising, ad targeting, ad

attribution, and limiting ad frequency.

You can choose not to have IP address used for purposes of advertising or analytics by

using the cookie controls for “Advertising Cookies,” and “Performance/Analytics,” above.

Mobile Device Advertising IDs, Location, Sensor Data, and In-Range Device Data

Use

Our Services may transmit Device IDs, general location data, and data from sensors to us

and our partners, including our advertising partners.

● Device IDs include IDs associated with your mobile device carrier such as IMEI,

MEID, IMSI; platform-speciﬁc IDs such as Android ID, Google AID, and Apple’s

IDFA; and IDs that are part of your device hardware, such as WiFi MAC address,

and serial number. Exactly which Device IDs are transmitted can depend on your

mobile device platform and the version of your operating system.

● General Location Data. Our Services may transmit general location data. General

location data may be obtained from GPS services, cell tower triangulation, or

known location of nearby WiFi access points.

● Sensor and In-Range Device Data. Our apps and Services may also collect Device IDs

and network addresses (including IP addresses, MAC addresses, and SSIDs) from

other, in-range or networked devices and WiFi Access Points.

● How We Use Mobile Device Data. We may use Device IDs, coarse location and

general location data, and data from sensors, including the local network, (together

with app usage data and Fitness and Wellness Data) for strictly necessary

purposes; improving our apps and analytics; personalization and preferences; and

cross-app, cross-device, interest-based advertising.

Change Consent Settings for Communication Preferences

Consent for Email Communication: After signing up for email communications, you can

choose to unsubscribe using the unsubscribe link in any commercial email we send. Please

note that if you unsubscribe from “all emails” this means “all emails other than strictly

necessary emails.” You will still receive email communications from us if they are strictly

necessary to provide the Services or to conﬁrm or validate a transaction, recover

accounts, etc.

Mobile Push Notiﬁcations: You can manage the type of push notiﬁcations you receive

from Ultimate Nutrition App by modifying the settings within your device settings. You

may set your mobile device settings to not allow push notiﬁcations from us.

Transfers of Your Personal Data to Other Countries

The Personal Data Ultimate Nutrition App processes, and all associated Services and

systems, including registration, is housed on servers in the United States. If you are

located outside of the United States, please be aware that Personal Data we collect will be

processed and stored in the United States (the data protection and privacy laws in the

United States may offer a lower level of protections than in your country/region).

By using our Services and submitting your Personal Data, you agree to the transfer,

storage, and/or processing of your Personal Data in the United States. Where and as

required, we will seek your explicit consent as outlined in this Privacy Policy.

Data Retention

We will retain your Personal Data for as long as you maintain an account or as otherwise

necessary to provide you the Services. We will also retain your Personal Data as necessary

to comply with our legal obligations, resolve disputes, and enforce our agreements.

Where we no longer need to process your Personal Data for the purposes set out in this

Where permissible, we will also delete your Personal Data upon your direction to delete

your account. You can make a deletion request by contacting our support team.

If you have further questions about our data retention practices or would like to make a

deletion request, please contact us through our support team.

Security

We implement technical and organizational safeguards to protect against unauthorized or

unlawful processing of Personal Data and against accidental or unlawful destruction, loss,

alteration, unauthorized disclosure of, or access to Personal Data. Please be advised,

however, that we cannot fully eliminate security risks associated with the storage and

transmission of Personal Data.

Links to Other Websites. Please note that this Privacy Policy does not apply to the

practices of companies that we do not own or control or to people that we do not employ

or manage. Our Services may provide a link or otherwise provide access to Third Party

Sites. We provide these links merely for your convenience. We have no control over, do

not review, and are not responsible for Third Party Sites, their content, or any goods or

services available through the Third Party Sites. Our Privacy Policy does not apply to

Third Party Sites, and any data you provide to Third Party Sites, you provide at your own

risk. We encourage you to review the privacy policies of any Third Party Sites with that

you interact with.

Children

We do not knowingly collect Personal Data online from individuals under 18. If you

become aware that a child has provided us with Personal Data without parental consent,

please contact us through our support team. If we become aware that an individual under

18 has provided us with Personal Data without parental consent, we will take steps to

remove the data and cancel that individual’s account.

How to Contact Us

If you have any questions, comments, or concerns about how we handle your Personal

Data, then you may contact us through our support team or write to us at:

BIOptimizers USA Inc.

5470 Kietzke Lane, Suite 300

Reno, NV 89511

You can also go to our location-speciﬁc disclosures to ﬁnd a contact for the Data

Protection Ofﬁcer in your region, if applicable.

Location-Speciﬁc Disclosures

Residents of Argentina

You have the right to access your Personal Data, at intervals no shorter than six months

entirely free of charge (unless there is proof of a legitimate interest in access in shorter

periods, as established in Section 14, Sub-section 3 of Act No. 25,326).

We encourage you to contact us directly and allow us to work with you to address your

concerns. Nevertheless, you have the right to lodge a complaint to the Agency of Access to

Public Information, in its function of controlling agency responsible for enforcing Act No.

25,326.

Residents of Australia

Ultimate Nutrition App takes steps to keep your Personal Data accurate and up to date. If

you reside in Australia, you may request access to or correction of the Personal Data that

we have collected about you. To access your Personal Data, please contact us through our

support team or at the address listed above. We may charge for this service and will

respond to reasonable requests as soon as practicable, and in any event, within the time

limits prescribed by law.

If you have any complaints regarding how we handle your Personal Data, please contact

our support team or write to us at the address above with a detailed description of the

complaint. UA responds to complaints as soon as practicable, and in any event, within the

time limits prescribed by law.

Residents of Brazil

Legal Basis for Processing

We may rely on consent and/or another valid legal bases to process your Personal Data.

Such legal bases may include: the legitimate interest of the controller or third parties; for

compliance with a legal or regulatory obligation by the data controller; for the execution

of a contract; for regular exercise of rights in court, administrative or arbitration

proceedings.

How to Exercise Your Rights

Ultimate Nutrition App takes steps to keep your Personal Data accurate and up to date. If

you reside in Brazil, according to the LGPD, you have certain rights to the Personal Data

that we have collected about you. To exercise your rights to your Personal Data, at any

time, please contact us through our support team or at the address listed above. Your

request will be fulﬁlled at no cost, and we will respond to reasonable requests as soon as

practicable, and in any event, within the time limits prescribed by law.

You have the following rights:

● Right to conﬁrmation of the existence of the Processing of Personal Data: You

have the right to ask us for conﬁrmation on whether we are processing your

Personal Data.

● Right of access to your Personal Data: You have the right to request access to the

Personal Data and related information on that processing (e.g., the purposes of the

processing, or the categories of Personal Data involved) subject to commercial and

industrial secrecy.

● Right to correction of incomplete, inaccurate or out-of-date data: You have the

right to have your Personal Data corrected, as permitted by law.

● Right to anonymization, blocking or deletion of unnecessary or excessive data or

data processed unlawfully. Anonymization refers to the use of reasonable and

available technical means at the time of the processing, whereby the data loses the

possibility of direct or indirect association with you.

● Right to data portability: You have the right to receive the Personal Data that you

have provided to us, in a structured, commonly used and machine-readable format,

and you have the right to transmit that information to another controller, including

to have it transmitted directly, where technically feasible, except for the data that

has already been anonymized by us.

● Right to erasure: You have the right to ask us to delete your Personal Data, as

permitted by law. This right may be exercised when you withdraw your consent on

which processing is based. Note that we may retain a limited amount of data for a

period of time - including, in situations that the storage of the information is

authorized by law and or required by law.

● Right to information about public and private entities with which Ultimate

Nutrition App has shared data through communication, dissemination,

international transfer, interconnection of personal data or shared processing of

banks of personal data by them.

● Right to information about the possibility of denying consent and the

consequences of such denial;

● Right to withdraw consent: You have the right to withdraw your consent to our

processing of your Personal Data, as permitted by law, and where the basis for

processing was based on your consent.

● Right to object: When the legal basis for processing your data is anything other

than consent, you can object to the processing when it is not in compliance with the

law.

● Right to review automated processing decisions: You have the right to review

decisions taken solely on the bases of automated processing of personal data that

affects your interests. This includes decisions intended to deﬁne your personal,

professional, consumer or credit proﬁle.

Changes to this Privacy Policy.

In order to enhance our Services it might be necessary to change this Privacy Policy from

time to time. We therefore reserve the right to modify this Privacy Policy in accordance

with the applicable data protection laws. Please visit our Website from time to time for

information on updates to this Privacy Policy.

How to Contact Us.

If you have any questions, comments, concerns or need to exercise your rights, you may

Residents of China Mainland

How To Contact Us

If you have any questions, comments, or concerns about how we handle your Personal

Data, please contact our support team, or write or call us at:

BIOptimizers USA Inc.

5470 Kietzke Lane, Suite 300

Reno, NV 89511

Data Transfer

Principally, Personal Data collected in China Mainland will be stored within China

Mainland. However, we provide Services through resources and servers located globally

(including the United States), which means your Personal Data may be transferred to or

accessed within another country/region outside of China Mainland. The data protection

and privacy laws and principles in those countries/regions may not offer the same level of

protection as those in China Mainland. Under those circumstances, Ultimate Nutrition

App will continue to protect your Personal Data in a manner consistent with what is

expected under laws of China Mainland (e.g., we will obtain your consent to transfer your

Personal Data, or de-identify the Personal Data before transfer).

Withholding Information

You may choose not to provide Ultimate Nutrition App with your Personal Data. However,

if you choose not to provide your Personal Data, you may not be able to enjoy the full

range of Services.

Residents of Colombia

How to Exercise Your Rights

Ultimate Nutrition App takes steps to keep your Personal Data accurate and up to date.

You have certain rights to the Personal Data that we have collected about you. To exercise

your rights to your Personal Data, please contact us through our support team or at the

address listed below. We will respond to reasonable requests as soon as practicable, and

in any event, within the time limits prescribed by law.

● Right to access your Personal Data: You have the right to access, free of charge,

your Personal Data being processed by us.

● Right to know, update, and rectify your Personal Data: You have the right to

correct your Personal Data, as permitted by law.

● Right to request proof of your consent: You have the right to request proof of the

consent granted to us for the processing of your Personal Data, where consent was

required to process the information.

● Right to withdraw your consent or to request the suppression of your Personal

Data: You have the right to withdraw your consent or request that we suppress

your Personal Data, as permitted by law.

● Right to ﬁle complaints: You have the right to ﬁle complaints before the

Superintendence of Industry and Trade for any kind of infringement to privacy

laws.

Additional Use of Personal Data

Additional use of your Personal Data that is not described in this Privacy Policy will only

take place as required by statute or when we have obtained your prior, explicit and

informed consent.

How to Contact Us or Our Privacy Ofﬁce

If you have any questions, comments, or concerns about how we handle your Personal

Data, then you may contact us through our support team or write to us at:

BIOptimizers USA Inc.

5470 Kietzke Lane, Suite 300

Reno, NV 89511

Residents of the European Economic Area and the United Kingdom

If You Elect Not to Provide Personal Data

You may choose not to provide Ultimate Nutrition App with your Personal Data. However,

if you choose not to provide your Personal Data, you may not be able to enjoy the full

range of Services.

How to Exercise Your Rights

Ultimate Nutrition App takes steps to keep your Personal Data accurate and up to date. If

you reside in the European Economic Area, you have certain rights to the Personal Data

that we have collected about you. To exercise your rights to your Personal Data, please

BIOptimizers USA Inc.

5470 Kietzke Lane, Suite 300

Reno, NV 89511

Subject to applicable law and in exceptional circumstances only, we may charge for this

service and we will respond to reasonable requests as soon as practicable, and in any

event, within the time limits prescribed by law.

You have the following rights:

● Right of access to your Personal Data (Art. 15 GDPR): You have the right to ask us

for conﬁrmation on whether we are processing your Personal Data, and access to

the Personal Data and related information on that processing (e.g., the purposes of

the processing, or the categories of Personal Data involved).

● Right to correction (Art. 16 GDPR): You have the right to have your Personal Data

corrected if it is inaccurate and to have incomplete Personal Data about you

completed, as permitted by law.

● Right to erasure (Art. 17 GDPR): You have the right to ask us to delete your

Personal Data, as permitted by law. This right may be exercised among other

things: (i) when your Personal Data is no longer necessary for the purposes for

which it was collected or otherwise processed; (ii) when you withdraw consent on

which processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and

where there is no other legal ground for processing; (iii) when you object to

processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate

grounds for the processing, or when you object to the processing pursuant to Art.

21 (2) GDPR; or (iv) when your Personal Data has been unlawfully processed.

● Right to restriction of processing (Art. 18 GDPR): You have the right to request

the limiting of our processing under limited circumstances, including: (i) when the

accuracy of your Personal Data is contested; (ii) when the processing is unlawful

and you oppose the erasure of your Personal Data and request the restriction of

the use of your Personal Data instead; or (iii) when you have objected to processing

pursuant to Art. 21 (1) GDPR pending the veriﬁcation whether the legitimate

grounds of Ultimate Nutrition App override your grounds.

● Right to data portability (Art. 20 GDPR): You have the right to receive the

Personal Data that you have provided to us, in a structured, commonly used and

machine-readable format, and you have the right to transmit that information to

another controller, including to have it transmitted directly, where technically

feasible and as permitted by law.

● Right to object (art.21 GDPR): You have the right to object to our processing of

your Personal Data, as permitted by law. This right is limited to processing based on

Art. 6 (1) (e) or (f) GDPR, and includes proﬁling based on those provisions. After

which, we will no longer process your Personal Data unless we can demonstrate

compelling legitimate grounds for the processing that override your interests,

rights and freedoms or for the establishment, exercise or defense of legal claims.

Furthermore, you have the right to object at any time to processing of Personal

Data for direct marketing purposes.

How we may disclose your Personal Data

The GDPR and national laws of European Union member states implementing the GDPR

permit the sharing of Personal Data relating to users who are residents of the European

Economic Area with third parties only under certain circumstances. If you reside in the

European Economic Area, we will only share your Personal Data as described in our

do so under applicable European and national data protection laws and regulations.

Health Data

Some Fitness and Wellness Data that we collect may be considered personal health data

under the GDPR as interpreted by the European data protection supervisory authorities if

recorded over a longer period of time. We process this type of data to provide you with

additional information that you can incorporate into your evaluation of your progress

toward your ﬁtness and wellness objectives; it should not, however, be considered

professional medical advice and is not intended to be used for diagnostic purposes.

Transfers of Your Personal Data to Other Countries

The Personal Data Ultimate Nutrition App processes, and all associated Services and

systems, including registration, are housed on servers in the United States. If you are

located outside of the United States, please be aware that Personal Data we collect will be

processed and stored in the United States (the data protection and privacy laws in the

United States may offer a lower level of protections than in your country/region).

In order to use our Services, we may require you to agree to the transfer, storage, and/or

processing of your Personal Data in the United States. In other situations where Personal

Data is transferred outside of the European Economic Area (the EEA) or the United

Kingdom, Ultimate Nutrition App leverages other mechanisms for international data

transfer including the European Commission-approved standard contractual clauses and

consent. You have the right to request a copy of the applicable measure or further

information by contacting us through our support team or at:

BIOptimizers USA Inc.

5470 Kietzke Lane, Suite 300

Reno, NV 89511

Legal Basis for Processing Under the GDPR

In this section we provide information on the legal basis for our processing of your

Personal Data as required by Art. 13 and 14 of the GDPR:

● When you register for an account or interact with our Services, such processing is

necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

● When you input Fitness and Wellness Data within our Services: For sensitive data

(including health data and biometric data) as deﬁned in the GDPR, we process such

data on the basis of your prior consent, Art. 9(2)(a) GDPR.

● When you use or interact with a wearable or other connected device.

○ For sensitive data (including health data and biometric data) as deﬁned in

the GDPR, we process such data on the basis of your prior consent, Art.

9(2)(a) GDPR.

○ For non-sensitive Personal Data which we need in order to perform the

Services, such processing is necessary for the performance of our Services,

Art. 6 (1) (b) GDPR.

○ With regard to other non-sensitive Personal Data, we process such data on

the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate

interest is to enhance our Services.

■ For sensitive data (including health data and biometric data) as

deﬁned in the GDPR, we process such data on the basis of your prior

consent, Art. 9(2)(a) GDPR.

■ For non-sensitive Personal Data which we need in order to perform

the Services, such processing is necessary for the performance of our

Services, Art. 6 (1) (b) GDPR.

■ With regard to other non-sensitive Personal Data, we process such

data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and

our legitimate interest is to enhance our Services.

● When you communicate with us or sign up for promotional materials, we process

your Personal Data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and

our legitimate interest is to provide you with our promotional messages. Where we

are required under applicable local law to obtain your consent for sending you

marketing information, the legal basis is your consent, Art. 6(1)(a) GDPR.

● When you participate in special activities, offers, or programs.

○ For sensitive data (health data) (including health data or biometric data) as

deﬁned in the GDPR, we process such data on the basis of your prior

consent, Art. 9(2)(a) GDPR.

○ For non-sensitive Personal Data, we process such data on the basis of our

legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to

provide you with our promotional messages or to allow you to participate in

our special activities, offers or programs or obtain prior consent, Art. 6 (1)

(a) GDPR, if required by applicable law.

■ When you engage with our online communities or advertising and we

actively collect your Personal Data in this context, we process such

data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and

our legitimate interest is to provide you with our promotional

messages.

■ When you access third party products and services and we obtain

Personal Data about you from such third party sources:

■ For Personal Data that we need in order to perform the

Services (e.g., if you pay for third party products through our

Services), such processing is necessary for the performance of

our Services, Art. 6 (1) (b) GDPR.

■ With regard to other Personal Data, we process such data on

the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our

legitimate interest is to enhance your experience and to

improve our Services.

■ When you connect with us through social media:

■ Where we collect your consent in such case, for instance for

marketing purposes, we process your Personal Data on the

basis of your prior consent, Art. 6 (1) (a) GDPR.

■ Where we do not collect your consent in such case, we

process your Personal Data on the basis of our legitimate

interest, Art. 6 (1) (f) GDPR, and our legitimate interest is

providing you with better Services and to enable you to use

the full range of our Services (Art. 6 (1) (f) GDPR).

■ When we collect data from third parties or publicly-available

sources:

■ For Personal Data which we need in order to perform the

Services (e.g., for email veriﬁcation purposes), such processing

is necessary for the performance of our Services, Art. 6 (1) (b)

GDPR.

■ With regard to other Personal Data, we process your

Personal Data on the basis of our legitimate interest, Art. 6 (1)

(f) GDPR, and our legitimate interest is providing you with

better Services and to enable you to use our Services more

efﬁciently.

■ When we leverage and/or collect cookies, device IDs, data from the

environment, and other tracking technologies, we process your

Personal Data on the basis of your consent, Art. 6 (1) (a) GDPR, and

based on our legitimate interest, Art. 6 (1) (f) GDPR, to the extent

permitted by applicable law.

■ When we use coarse location and data from sensors, we process such

data for strictly necessary purposes in order to perform our Services,

Art. 6 (1) (b) GDPR); and for our legitimate interest in marketing and

improving our Services, Art. 6 (1) (f) GDPR).

■ When we aggregate or centralize data, such processing is either

necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or

we process such data on the basis of our legitimate interest, Art. 6 (1)

(f) GDPR, and our legitimate interest is to provide you with better or

customized Services and marketing.

■ When you sign up for our Services that consist of social sharing and

communication with others (including linking you to friends across

platforms):

■ Where we collect your consent in such case, we process your

Personal Data on the basis of your prior consent, Art. 6 (1) (a)

GDPR.

■ Where we do not collect your consent in such case, such

processing is necessary for the performance of our Services,

Art. 6 (1) (b) GDPR.

■ When you share content or achievements, or invite friends to use the

Services:

■ Where we collect your consent in such case, we process your

Personal Data on the basis of your prior consent, Art. 6 (1) (a)

GDPR.

■ Where we do not collect your consent in such case, such

processing is necessary for the performance of our Services,

Art. 6 (1) (b) GDPR.

■ When we provide you geographically relevant Services, offers, or

advertising:

■ Where we collect your consent in such case, we process your

Personal Data on the basis of your prior consent, Art. 6 (1) (a)

GDPR.

■ Where we do not collect your consent in such case, for such

Personal Data that we need in order to perform the Services,

such processing is necessary for the performance of our

Services, Art. 6 (1) (b) GDPR.

■ Where we do not collect your consent in such case and

where we do not need such data in order to perform the

Services, we process such data for our legitimate interest in

offering you marketing and improving our Services, Art. 6 (1)

(f) GDPR).

■ When you ask us to customize our Services:

■ Where we collect your consent in such case, we process your

Personal Data on the basis of your prior consent, Art. 6 (1) (a)

GDPR.

■ Where we do not collect your consent in such case, such

processing is necessary for the performance of our Services,

Art. 6 (1) (b) GDPR.

■ When we disclose Personal Data to our afﬁliates and partners, and to

our service providers and vendors:

■ Where we collect your consent in such case, we process your

Personal Data on the basis of your prior consent, Art. 6 (1) (a)

GDPR.

■ Where we do not collect your consent in such case, such

processing is necessary for the performance of our Services,

Art. 6 (1) (b) GDPR, or we process such data on the basis of our

legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate

interest is to provide you with better Services and marketing.

■ When we process or share Personal Data in the event of an actual or

contemplated sale, we process such data for our legitimate interest

in offering, maintaining, providing, and improving our Services, Art. 6

(1) (f) GDPR).

■ When we conduct analytics, we process your Personal Data on the

basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate

interest is to enhance your experience and to develop and improve

our Services.

■ When we investigate suspected illegal or wrongful activity, we

process your Personal Data on the basis of our legitimate interest,

Art. 6 (1) (f) GDPR, and our legitimate interest is to ensure

compliance with legal requirements and law enforcement requests

and for public safety purposes.

Right to Lodge a Complaint Before the Data Protection Authority

We encourage you to contact us directly and allow us to work with you to address your

concerns. Nevertheless, you have the right to lodge a complaint with a competent data

protection supervisory authority, in particular in the EU Member State where you reside,

work or the place of the alleged infringement. You have the right to do so if you consider

that the processing of Personal Data relating to you infringes applicable data protection

laws.

Changes to this Privacy Policy

In order to enhance our Services it might be necessary to change this Privacy Policy from

time to time. We therefore reserve the right to modify this Privacy Policy in accordance

with the applicable data protection laws. Please visit our Website from time to time for

information on updates to this Privacy Policy.

How to Contact Us or Our Privacy Ofﬁce

Ultimate Nutrition App, Inc. is the data controller responsible for the processing of your

Personal Data in connection with the Services. In case of questions about the processing

of your Personal Data please contact our support team or at:

BIOptimizers USA Inc.

5470 Kietzke Lane, Suite 300

Reno, NV 89511

Residents of Hong Kong, SAR of China

● Ultimate Nutrition App takes steps to keep your Personal Data accurate and up to

date. If you reside in Hong Kong, you may request access to or correction of the

Personal Data that we have collected about you. To access your Personal Data,

please contact us through our support team or at the address listed above. We may

charge for this service and will respond to reasonable requests as soon as

practicable, and in any event, within the time limits prescribed by law.

● Your Consent for Use or Sharing of Personal Data for Marketing Purposes. You

may choose not to provide Ultimate Nutrition App with your Personal Data.

However, if you choose not to provide your Personal Data, you may not be able to

enjoy the full range of Services.

● How to Indicate Your Consent and Opt-Out. You may indicate your consent in a

number of ways, including: (i) ticking a box to indicate your consent when providing

us with your Personal Data through our Services or a form (including enrolling in

Promotions); or ticking a box to indicate your consent when registering with us or

creating an account with us.

Residents of Indonesia, Malaysia, Philippines, Thailand and Singapore

Ultimate Nutrition App takes steps to keep your Personal Data accurate and up to date. If

you reside in Indonesia, Malaysia, Philippines, Thailand or Singapore, you may request

access to, and modiﬁcation, opposition, and deletion of the Personal Data that we have

collected about you. To access your Personal Data, please contact us through our support

team. Subject to applicable law, we may charge for this service and will respond to

reasonable requests as soon as practicable, and in any event, within the time limits

prescribed by law.

Residents of Japan

Operator of Japan Websites

Ultimate Nutrition App operates the Service, and collects, uses and shares your Personal

Data as outlined in this Privacy Policy.

How Ultimate Nutrition App Uses Personal Data

Ultimate Nutrition App may use your Personal Data to communicate with you about the

Services you have purchased.

Ultimate Nutrition App will use the Personal Data you provide at registration for the

following purposes:

1. Communicating with you about the use of the Services.

2. Communicating with you about activities related to the Services.

3. Providing you with updates on new uses of your Personal Data.

4. Providing registration support.

5. Providing e-mail support.

6. Creating statistical and analytic information.

7. Other inevitably necessary communications to you.

8. Leveraging and/or collect cookies, device IDs, Location, data from the environment,

and other tracking technologies.

9. Complying with Legal Requirements or Obligations, Law Enforcement, and for

Public Safety Purposes.

You may provide your consent through the methods described in the next section.

Consent for Use and/or Sharing of Personal Data

If you reside in Japan, by using the Services you consent to the collection, use and transfer

of your Personal Data with Ultimate Nutrition App as outlined in this Privacy Policy.

Further, Personal Data collected will be shared as outlined in this Privacy Policy.

You may choose not to provide Ultimate Nutrition App with your Personal Data. However,

if you choose not to provide your Personal Data, you may not be able to enjoy the full

range of Services.

How to indicate your consent and opt-out

You may indicate your consent in a number of ways, including: (i) ticking a box to indicate

your consent when providing Ultimate Nutrition App with your Personal Data through the

Services or a form; (ii) or ticking a box to indicate your consent when registering or

creating an account with Ultimate Nutrition App.

How to Contact Us

If you have any questions, comments, or concerns about how we handle your Personal

Data, then you may contact us through our support team, write to us or call us at:

BIOptimizers USA Inc.

5470 Kietzke Lane, Suite 300

Reno, NV 89511

Residents of Mexico

By using the Services, you consent to the collection, use and transfer of your Personal

Data (including sensitive personal data pursuant to Mexican law) for processing in the

United States as described in this policy.

Access Requests

Ultimate Nutrition App takes steps to keep your Personal Data accurate and up to date. If

you reside in Mexico, you may request access to, modiﬁcation, cancelation or opposition

of the Personal Data that we have collected about you. To access your Personal Data,

please contact us through our support team or at the address listed above. We may charge

for this access service pursuant to applicable law and will respond to reasonable requests

as soon as practicable, and in any event, within the time limits prescribed by law.

Residents of New Zealand

Ultimate Nutrition App takes steps to keep your Personal Data accurate and up to date. If

you reside in New Zealand, you may request access to or correction of the Personal Data

that we have collected about you. To access your Personal Data, please contact us through

our support team or at the address listed above. We may charge for this service and will

respond to reasonable requests as soon as practicable, and in any event, within the time

limits prescribed by law.

Residents of South Korea

Ultimate Nutrition App Personal Data Items Collected

Mandatory: Email Address, Account Password, Gender, Date of Birth, postal code, IP

address.

Access Requests

Ultimate Nutrition App takes steps to keep your Personal Data accurate and up to date. If

you reside in South Korea, you may request access to, and modiﬁcation, opposition and

deletion of the Personal Data that we have collected about you. To access your Personal

Data, please contact us through our support team or at the address listed below. Subject

to applicable law, we may charge for this service and will respond to reasonable requests

as soon as practicable, and in any event, within the time limits prescribed by law.

Data Retention and Destruction

Under applicable Korean law, your Personal Data must be retained for the following

periods:

● Records regarding contracts or the cancellation of contracts, and records on

payment and provision of goods:

○ Reason of retention: Act on Consumer Protection in Electronic Commerce

Transactions, etc.

○ Retention period: ﬁve years

● Records on customer complaints or dispute resolution:

○ Reason of retention: Act on Consumer Protection in Electronic Commerce

Transactions, etc.

○ Retention period: three years

● Communications conﬁrmation data

○ Reason of retention: Communications Privacy Protection Act

○ Retention period: three months

● Records on electronic ﬁnancial transactions:

○ Reason of retention: Electronic Financial Transaction Act

○ Retention period: ﬁve years

Method and Procedure for the Destruction of Personal Data

Ultimate Nutrition App retains your Personal Data (i) for as long as you maintain an

account or as needed to provide you the Services and/or (ii) as necessary to comply with

our legal obligations, resolve disputes, and enforce our agreements. Personal Data is

destroyed when it is no longer necessary for these purposes. The speciﬁc destruction

process and method are as follows: (i) Personal Data printed on the paper is shredded,

burned, pulped, pulverized, or incinerated; and (ii) Personal Data stored in electronic form

is deleted using technology designed to prevent the recovery of the Personal Data.

How to Contact Us

If you have any questions, comments, or concerns about how we handle your Personal

Data, then you may contact us through our support team, write to us or call us at:

BIOptimizers USA Inc.

5470 Kietzke Lane, Suite 300

Reno, NV 89511

Residents of Turkey

By using the Services, you consent to the collection, use and transfer of your Personal

Data with Ultimate Nutrition App as outlined in this Privacy Policy. Further, Personal Data

collected will be shared as outlined in this Privacy Policy.

● Information Security. The Personal Data shared with Ultimate Nutrition App will

be protected using technical and organizational measures designed to protect your

information against unauthorized access, theft, and loss as required by article 12 of

the Law on Protection of Personal Data no. 6698.

● Personal Data Accuracy. Ultimate Nutrition App takes steps to keep your Personal

Data accurate and up to date. You are responsible for the accuracy of the

information you have provided to Ultimate Nutrition App, and you understand that

doing so is important in terms of exercising your personal data rights under the Law

on Protection of Personal Data no. 6698 and other applicable legislation. To update

your Personal Data, please contact us through our support team.

● Access Requests. If you reside in Turkey, you may request access to, and

modiﬁcation, opposition and deletion of the Personal Data that we have collected

about you. To access your Personal Data, please contact us through our support

team. Subject to applicable law, we may charge for this service and will respond to

reasonable requests as soon as practicable, and in any event, within the time limits

prescribed by law.

● Data Retention and Destruction. When you delete your account and/or when

Personal Data is no longer needed to provide the Services or to comply with our

legal obligations, resolve disputes, and enforce our agreements and/or the

retention period under applicable law has expired, your Personal Data may be

anonymized and continued to be used in that form.

Residents of the United Arab Emirates

If you reside in the United Arab Emirates, your use of the Services signiﬁes your consent

to the following:

● You afﬁrmatively waive your material privacy rights under applicable laws;

● Ultimate Nutrition App may disclose any information you provide us, including

information you may consider private; and

● Ultimate Nutrition App is not liable for any publication of information you provide

us, including information you may consider private.

Please do not use the Services if you disagree with any part of this Privacy Policy.

Residents of the United States

We don’t sell Personal Data as deﬁned by Nevada law.

Residents of California

If you are a resident of California, you have certain rights to the Personal Data that we

have collected about you. Under California law, the exercise of these rights is subject to

certain exemptions to safeguard the public interest (e.g., the prevention or detection of

crime) and our interests (e.g., maintaining conﬁdentially when legally required ). We will

comply with your request as soon as reasonably practicable. Requests to exercise your

rights may be granted in whole, in part, or not at all, depending on the scope and nature of

the request and applicable law. To prevent unauthorized access to your Personal Data, we

take steps to verify an individual’s right to the data - including requiring users to reach out

to us directly from a veriﬁed email address, pass a challenge response, and/or conﬁrm

information associated with the account. Following veriﬁcation of your identity, we will

notify you if we are unable to fulﬁll your request and outline the reasons we are unable to

honor your request at this time.

Your California Privacy Rights

You have the following rights:

● Right of Access to Your Personal Data: You have the right to ask us for

conﬁrmation on whether we are processing your Personal Data, and access to the

Personal Data, as permitted by law. This may include what Personal Data we

collect, use, or disclose about you.

● Right to Deletion: You have the right to ask us to delete your Personal Data, as

permitted by law.

● Right to Non-Discrimination: We will not discriminate against you, in terms of

price or services that we offer, if you submit one of the rights requests listed above.

How to Exercise Your Rights

Exercise your rights (other than opt-out of “sale”): To exercise your rights to your

Personal Data, please contact us through our support team or at the address listed below:

BIOptimizers USA Inc.

5470 Kietzke Lane, Suite 300

Reno, NV 89511

Additional California Rights

California Civil Code Section 1798.83 permits California residents to request and obtain

from us a list of what Personal Data (if any) we disclosed to third parties for that third

party’s direct marketing purposes in the preceding calendar year and the names and

addresses of those third parties. Requests may be made only once a year and are free of

charge.

Under Section 1798.83, we currently do not share any Personal Data with third parties. If

you have any questions please contact our support team.

BIOptimizers USA Inc.

5470 Kietzke Lane, Suite 300

Reno, NV 89511

It is important to note that this opt-out does not prohibit disclosures made for

non-marketing purposes or for purposes of assisting us with our own marketing.