Privacy Policy

Effective Date: August 26, 2019

We take your privacy and data security seriously. This privacy policy ("Privacy Policy”) is meant to help you understand what information VITALTEK, INC. and its affiliates and subsidiaries (collectively, “we”, “us” or “our”) collect, how we use such information, and the recipients with whom we share such information.

 

This Privacy Policy applies to your access and use of the mobile applications named Lunar made available in the Apple App Store and the Google Play Store along with any revisions, updates and/or modifications thereto (collectively, the “App”) and any data, products, services and associated materials or media supplied with the App (together with the App, the “Services”). This Privacy Policy only applies to access and use of the Services and does not apply to any other data gathered or used by us, including through websites and mobile applications not listed above.

 

This Privacy Policy is incorporated into and made a part of the End User License Agreement. Please review our End User License Agreement because it governs your use of the Services and limits our liability to you. The use of the Services involves the processing of your information. By using our Services, you agree that we may treat your information in the ways we describe in this Privacy Policy. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY POLICY OR THE END USER LICENSE AGREEMENT, PLEASE DO NOT CONTINUE TO DOWNLOAD OR USE THE SERVICES.

 

This Privacy Policy contains the following sections:

1.   WHAT INFORMATION WE COLLECT

 2.  PROCESS OF INFORMATION

3.  LEGAL BASIS FOR PROCESSING YOUR INFORMATION

4.  SHARING OF YOUR INFORMATION

5.  SOCIAL SHARING FEATURES

6.  STORAGE OF YOUR INFORMATION

7.  SECURITY

8.  INTERNATIONAL TRANSFER OF YOUR INFORMATION

9.  ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

10. YOUR RIGHTS

11. YOUR CHOICES

12. RETENTION OF YOUR INFORMATION

13. CHILDREN’S PRIVACY

14. CHANGES TO THIS PRIVACY POLICY

15. CONTACT INFORMATION

 

1.           WHAT INFORMATION WE COLLECT

Information You Provide to Us

Account Information:

We may collect information relating to your account, such as your name, email address, password, gender, postal address, phone number, subscription and any other information you choose to provide. You may also log in the App through your Facebook account, Google Play account or other third-party accounts (if applicable), and your account may be recorded on our server. On this condition, we will collect information that you have allowed these platforms to provide to third parties, such as your name, gender, age, profile photo and friend list.

Transaction Information

 

We may collect information relating to any products and services you purchase from us. We may also collect and store limited payment information from you, such as payment card type; however, we do not collect or store full payment card numbers and all transactions are processed by our third-party payment processor.

Information Collected in Order to Provide the Services

We may collect your period information (such as date, duration, interval) and health information (such as mood, sports, sexual behavior) you choose to provide to us in order to provide the Services to you. For example, we may collect the date of your period in the last month so that the App will be able to forecast when your period will begin this month.

Other Information You Choose to Provide or Automatically collected by Us

Such as information you provide when you participate in a survey, contest, promotion or interactive area of the Services or when you request technical or customer support; and the installed application name list on your device for better delivering advertising and content targeted to your interests.

Information We Collect Automatically

Log Information

When you visit the Services, our servers automatically record certain log file information, such as your Internet Protocol (“IP”) address, GPS data, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Services.

Mobile Device Information

We collect information about the mobile device you use to access or use the Services, including the hardware model, operating system and version, unique device identifiers, GAID, MAC address, Android ID, mobile network information and information about your use of the Services. With your consent, we may also collect information about the location of your device and access and collect information from certain native applications on your device (such as your device’s camera and phonebook applications) to facilitate your use of certain features of the Services. For more information about how you can control the collection of location information and/or our access to other applications on your device, please see “Your Choices” below.

Information Collected by Cookies and Other Tracking Technologies

We and our service providers use various tracking technologies, including SDKs, cookies and tracking pixels, to collect information about you when you interact with our Services, including information about your browsing and purchasing behavior. For more information about tracking technologies, and how to disable them, please see “Your Choices” below.

Information We Collect from Other Sources

We may also obtain information about you from other sources and combine that with information we collect directly. For example, we may collect information about you when you post content to our pages or feeds on third party social media sites.

 

2.           PROCESS OF INFORMATION

 

We may process your information in this Privacy Policy (i) with your consent, (ii) for compliance with a legal obligation to which we are subject or (iii) when we have assessed that it is necessary for the purposes of the legitimate interests pursued by us or a third party to whom it may be necessary to process that information, for various purposes, including to:

 

(i)               Develop, operate, deliver, maintain and improve the Services (legitimate interest);

(ii)             Manage your account and send you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages (legitimate interest or, where required, consent);

(iii)           Respond to your comments, questions and requests and provide customer service (legitimate interest);

(iv)            Communicate with you about the Services, offers, surveys, events and other news and information we think may be of interest to you (legitimate interest or, where required, consent);

(v)             Monitor, research and analyze trends, usage and activities in connection with the Services (legitimate interest);

(vi)            Promote safety and security of the Services, and detect, investigate and prevent fraudulent transactions and other illegal activities and protect our and others’ rights and property (legitimate interest);

(vii)          Personalize and improve the Services and provide customized advertisements, content and features that match your profile or interests (consent);

(viii)        Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards (legitimate interest or, where required, consent);

(ix)            Link or combine with information we get from others to help understand your needs and provide you with a better experience (consent);

(x)             Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others (legitimate interest);

(xi)            Make any future potential purchasers of our company in capacity, under strict confidentiality contractual obligations, of assessing their interest in proceeding to a corporate operation, such as a merger or acquisition (legitimate interest); and

(xii)          establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (legitimate interest).

 

We may also carry out any purpose other than the ones listed above for which the information was collected. Should this be the case, we will inform you of the purpose in accordance with applicable laws and regulations.

3.           LEGAL BASIS FOR PROCESSING YOUR INFORMATION

Please note that depending on the purpose for which we process your information, we may rely on more than one legal basis for processing. The legal bases for processing your information as set out in this Privacy Policy are as follows:

(i)           Where you have given your consent, which you may withdraw at any time by contacting us at lunarfeedback@vitaltekinc.com;

(ii)          Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the End User License Agreement; and/or our contract to provide our services to you);

(iii)         Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to guarantee safety and security of the App; operate our business; ensure safe environments for our staff and visitors; comply with legal requirements and defend our legal rights; prevent fraud and to know the users to whom we are providing services).

When we rely on legitimate interest, we do so because we have determined that this processing is required to be performed by us or a third party for legitimate interest. In making this determination we have considered your rights under applicable laws, and balanced them against our legitimate interests. If you have any queries, you can contact us at lunarfeedback@vitaltekinc.com.

 

4.           SHARING OF YOUR INFORMATION

 

We may share information about you as follows or as otherwise described in this Privacy Policy:

 

(i)           We may share your information with third parties and service providers that provide products or services to us, that help us market or advertise to you (including co-branded marketing and advertising), or that provide products or services to you.

(ii)           When you participate in the interactive areas of the Services or interact with us on third party social media sites, certain information that you provide may be displayed publicly, such as your name, photos and other information you choose to provide;

(iii)         We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that support our business or mission, and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health, and well-being;

(iv)        With vendors, consultants and other service providers who need access to such information to carry out work or perform services on our behalf;

(v)           In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process;

(vi)         If we believe your actions are inconsistent with our End User License Agreement or other policies, or to protect our and other parties’ rights, property or safety;

(vii)        In connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing;

(viii)       Between and among us and any current or future parent, subsidiary and/or affiliated company;

(ix)         With your consent or at your direction.

 

We also may share aggregated or de-identified information, which cannot reasonably be used to identify you.

 

5.   SOCIAL SHARING FEATURES

 

The Services may offer social sharing features and other integrated tools, such as the Facebook and Twitter buttons (e.g., “Like” or “Tweet”), which let you share actions you take on the Services with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

 

6.    STORAGE OF YOUR INFORMATION

All your information is stored with secure methods and with limited/restricted access to persons authorized by us. Please note that currently your information collected by us is stored in countries including Germany, the United States of America, and Singapore.

We may store information on remote servers operated by a cloud service provider to us as well as storing it in our own “Data Center” located in the United States of America. Regardless of where you use the App or provide information to us, your information may be transferred to and maintained on servers or Data Center located outside the country in which the data was collected.

 

7.           SECURITY

 

The security of your information is important to us. We implement and maintain following security measures intended to protect against unauthorized use, disclosure, alteration or destruction of the information we collect and maintain:

 

(i)               we will use technologies of encryption or pseudonymization to protect information;

(ii)             we will limit the access to information to authorized employees only; and

(iii)           we will establish systems to ensure you can restore the availability and access to information.

 

However, please be aware that, despite our efforts, no data security measures, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure. As such, you acknowledge and accept that we cannot guarantee the absolute security of your information transmitted to, through, or on the Services or via the Internet and that, any such transmission is at your own risk.

 

Where we have given you (or where you have chosen) a password which enables you to access to your account, you are responsible for keeping this password confidential. Please do not to share a password with anyone.

 

8.    INTERNATIONAL TRANSFER OF YOUR INFORMATION

 

All your user information we collect will be stored safely in the United States of America and will not be transferred to other regions or countries.

 

Your information may be transferred by us in certain circumstances to countries outside the EEA, including our offices around the world or the server located in the United States of America. By using our Services or submitting information, you explicitly authorize such transfer and subsequent processing, which may lead to a less degree of data protection as you may have under your country’s laws. International transfers of your information will be protected by appropriate safeguards, namely the standard data protection model clauses adopted by the European Commission or a supervisory authority, which we will incorporate into our agreements with such transferees of information. You can request a copy of contract clauses for transferring information outside the EEA by contacting lunarfeedback@vitaltekinc.com.

All data is transferred or accessed using either a secure transport layer or encrypted algorithm. A majority of the data collected is then centralized and hosted within secure data center facilities. As a user, you can ask for a copy of the adopted standard contractual clauses at lunarfeedback@vitaltekinc.com.

 

9.    ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

 

We may allow third-party partners to serve personalized ads on our behalf across the Internet and to provide analytics services. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may also be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.

 

These third-party partners will collect, use, store, share or otherwise process your information solely for the purpose of providing you personalized ads. We neither have access to, nor does this Privacy Policy govern, the use of tracking technologies that may be placed on your device you use to access the services provided by such non-affiliated third parties. If you do not agree on such third-party partners’ privacy policy or are unwilling them to process your personal information, please do not agree or accept this Privacy Policy.

 

In addition to the above, we also provide advertisers and/or advertisement agencies with reports about the kinds of people seeing their ads and how their ads are performing. To provide you with personalized ads, we also share certain information with these third parties, such as your IP, GAID, device version, country code, and network type.

 

We also work with third-party partners who help us provide and improve the App and our Services. We do not sell any of your information to anyone. We also impose strict restrictions on how our partners can use and disclose the information we provide.

 

10.            YOUR RIGHTS

You have certain rights to access and control your information as outlined below:

(i)               Right of access

You can request details of your information that we hold. We will confirm whether we are processing your information and we will disclose supplementary information including the categories of data, if any, the sources from which it originated, the purpose and legal basis for the processing, the expected retention period, and the safeguards regarding data transfers, subject to the limitations set out in applicable laws and regulations. We will provide you free of charge with a copy of your information, but we may charge you a fee to cover our administrative costs if you request further copies of the same information.

(ii)             Right of correction

We will comply with your request to correct incomplete or inaccurate parts of your information, although we may need to verify the accuracy of the new data you provide us.

 (iii)           Right to be forgotten

At your request, we will delete your information promptly if:

 (iv)            Right to stop your information being used for direct marketing purposes

At your request, we will stop using your information for direct marketing. If you want to stop us from contacting you in connection with marketing communications, please send email to lunarfeedback@vitaltekinc.com.

Please note that even if we stop all marketing communications, you may still receive administrative communications from us.

(v)             Right to restrict processing of your information

At your request, we will limit the processing of your information if:

We may continue to store your information to the extent required to ensure that your request to limit the processing is respected in the future.

 (vi)            Right to data portability

At your request, we will provide you free of charge with your information in a structured, commonly used and machine readable format, if:

 (vii)          Right to object

Where we process your information based upon our legitimate interest (or that of a third party), you have the right to object to this processing on grounds relating to your particular situation if you feel it affects your fundamental rights and freedoms. We will comply with your request unless we have compelling legitimate grounds for the processing which override your rights and freedoms, or where the processing is in connection with the establishment, exercise, or defense of legal claims.

 (viii)        Right not to be subject to decisions based solely on automated processing

You will not be subject to decisions with a legal or similarly significant effect (including profiling) that are based solely on the automated processing of your information, unless you have given us your explicit consent or where they are provided under applicable laws or where they are necessary for a contract with us.

 (ix)            Right to withdraw consent

You have the right to withdraw any consent you may have previously given us at any time.

 (x)             Right to complain to a supervisory authority

If you are not satisfied with our response, you have the right to complain to, or seek advice from, a supervisory authority and/or bring a claim against us in local court of competent jurisdiction.

If you wish to contact us in connection with the exercise of your rights listed above, please email us at lunarfeedback@vitaltekinc.com. We will respond to your written request as soon as possible and no later than 30 days from receiving it. That period may be extended by 60 days where necessary, taking into account the complexity and number of the requests. We shall inform you of any such extension within 30 days of receipt of the request, together with the reasons for the delay.

Unless stated otherwise, we will not charge you any fee in connection with the exercise of your rights. In so far as it is practicable, we will notify the recipients of your information of any correction, deletion, and/or limitation on processing of your information.

Please note that if you decide to exercise your rights above, depending on our response, you may not be able to take full advantage of all of our benefits and services from that point on.

We will consider all requests and provide our response within the time stated by applicable laws. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

 11.    YOUR CHOICES

 

(i)               Account Information

You may update, correct or modify information about you at any time by logging into your online account or by emailing us at lunarfeedback@vitaltekinc.com. If you wish to deactivate your account, please email us at lunarfeedback@vitaltekinc.com, but note we may continue to store information about you as required by law or for legitimate business purposes.

 

(ii)             Location Information

With your consent, we may collect information about your actual location when you use our mobile applications. You may stop the collection of this information at any time by changing the settings on your mobile device, but note that some features of our mobile applications may no longer function if you do so.

 

(iii)           Native Applications on Mobile Device

Some features of our mobile applications may require access to certain native applications on your mobile device, such as the camera and photo storage applications (e.g., to take and upload photos). If you decide to use these features, we will ask you for your consent prior to accessing the applications and collecting information. Note that you can revoke your consent at any time by changing the settings on your device.

 

(iv)            Tracking Technologies

To collect the information in Section 1 above, we and the third parties may use tracking technologies such as tags, SDKs, tracking pixels, and other similar technologies. We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular using preferences.

 

An SDK is a set of tools and/or code that we embed in the App to allow third parties to collect information about how users interact with the Services.

 

Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email that are designed to: (a) collect usage information like ad impressions or clicks and email open rates; (b) measure popularity of the Services and associated advertising; and (c) access user cookies. Cookies are small data files stored on your hard drive or in device memory that help us improve the Services and your experience, see which areas and features of the Services are popular, and count visits.

 

As we adopt additional technologies, we may also gather information through other methods. Please note that you can change your settings. For example, most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Services.

 

(v)             Promotional Communications

You may opt out of receiving promotional communications from us by following the instructions in those communications or by emailing us at lunarfeedback@vitaltekinc.com. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

 

(vi)            Push Notifications

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

 

(vii)          Your California Privacy Rights

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident, you may request this information once per calendar year by sending emails to us via lunarfeedback@vitaltekinc.com.

 

12.    RETENTION OF YOUR INFORMATION

 

We keep your information for 10 years. If you continue to use the Services when such 10-year period expires, the storage period of your information will continue for another 10 years. If you no longer use the Services, we will delete your information on a timely basis.

 

13.           CHILDREN’S PRIVACY

 

The Services are not intended for users under the age of 18 or the minimum age stipulated by applicable law (the “Children”). Children must not use the Services for any purpose without first obtaining legally valid parental/guardian consent to this Privacy Policy (both for themselves and on your behalf). We do not knowingly collect personal information from any Children without such consent. Please contact us if you believe we have any personal information from any Children without such parental/guardian consent. We will take reasonable steps to delete it as soon as possible.

 

14.           CHANGES TO THIS PRIVACY POLICY 

We reserve the right to amend this Privacy Policy at any time in response to:

You will know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” included at the beginning of the document. If we make a material change to the Policy, you will be provided with appropriate notice in accordance with the legal requirements. By continuing to use the App, you are confirming that you have read and understood the latest version of this Privacy Policy.

15.    CONTACT INFORMATION

 

If you have any questions or opinions regarding this Privacy Policy, or if you have a request regarding the information you provided us, you may contact us at: lunarfeedback@vitaltekinc.com.

To comply with the requirements of applicable laws in the European Union, we appoint Martin Michael as the representative of us in the European Union to act with regard to obligations under Article 27 of the GDPR. The email address of the Representative is legal@vitaltekinc.com.