Privacy Policy

Fitia, Inc. is the developer of the Fitia app. This service is provided by Fitia, Inc. at no initial cost and with the option to buy a subscription to gain access to additional services.

This document is intended to inform users about our policies regarding the collection, use and disclosure of personal information if they choose to use our Service.

By choosing to use our Service, you agree to the collection and use of information in accordance with this policy. The personal information we collect is used to provide and improve the Service. We will not use or share your information with anyone, except as stated in this Privacy Policy.

The terms used in this Privacy Policy have the same definitions as in our Terms and Conditions, which can be accessed on the Fitia app and on the website www.fitia.app unless otherwise stated in this Privacy Policy.

ARTICLE 1. COLLECTION AND USE OF INFORMATION

For a better experience, while using our Service, we may ask you to provide us with certain personally identifiable information, including, but not limited to, email, first name, last name, age, gender, height, weight, physical activity level, and anthropometric measurements. We will collect the information requested and use it as stated in this privacy policy.

User can delete their information and account from our database by selecting the "Delete Account" option in the user settings tab. It should be noted that this information cannot be retrieved after it has been deleted.

User can also request to delete their personal information without deleting their account. To do so, user will have to send an email to support@fitia.app indicating the registered email address and the information to be deleted. It should be noted that the information deleted from our database cannot be retrieved and is an operation that cannot be undone.

The app uses third party services that may collect information used to identify you. Details regarding the third party service providers and links to their corresponding privacy policies are provided below:

- Firebase: We use Google's external service, Firebase, for user authentication. In this respect, Google servers handle the login authentication security. By using our app, you agree to Google's processing of this information. Google does not manage other user information. You can find the privacy policy at https://firebase.google.com/policies/analytics.

- Facebook: We offer you the possibility to sign up and access our application via Facebook. You will be redirected to the Facebook servers, where you can sign up with your user data. This will link your Facebook profile to our Service. By using this simplified login function, you agree to our collection of the following data from your public profile such as first name, last name, email address and profile picture via Facebook. You can find the privacy policy at https://www.facebook.com/about/privacy.

- Google API's: Fitia's use and transfer of information received from Google APIs to any other application will be in accordance with the Google API Services User Data Policy, including limited use requirements. You can learn more about the privacy policy at https://developers.google.com/terms/api-services-user-data-policy.

- Cloudfare: Cloudflare acts as a content distributor to improve the speed of our website and optimize caching. You can learn more about the privacy policy at
https://www.cloudflare.com/privacypolicy/

- Google: We offer User the option to register and sign in using the "Sign in with Google" feature. By using this option, Fitia will receive only the basic profile information that User authorizes through Google (such as email address, name, and profile picture). The use of this feature is subject to the terms and policies of Google LLC. You can find Google's privacy policy at https://policies.google.com/privacy.

- Apple: We offer User the option to register and sign in using the “Sign in with Apple” feature. By using this option, User may choose to share a real email address or to use Apple’s “Hide My Email” feature, which provides a private email relay address managed by Apple. User acknowledges that, when using a private relay address, Fitia may only reach User through that relay address for as long as it remains active, and that any modification, deactivation, or revocation of such relay address by User or by Apple may prevent the delivery of communications, including essential account, billing, or security communications. Fitia receives only the basic profile information that User authorizes through Apple. You can find Apple’s privacy policy at https://www.apple.com/legal/privacy/.

- Artificial Intelligence Model Providers: to operate certain features of the App (including, without limitation, automated calculation and estimation of calories, macronutrients, and micronutrients; recognition of nutritional content from photographs of foods; automated generation of meal plans, recipes, and ingredient substitutions; image generation; and the conversational assistant known as “Fitia Coach”), Fitia uses artificial intelligence models provided by third parties, including, without limitation, Google LLC, OpenAI, L.L.C., Anthropic PBC, and other providers that Fitia may incorporate in the future. When User uses such features, certain User data (including, depending on the feature, profile data, dietary history, goals, preferences, allergies, declared health conditions, body measurements, photographs uploaded by User, and messages and queries submitted by User) may be transmitted to such providers as context to process User’s request. Fitia does not sell personal data to such providers. Pursuant to the applicable contractual terms with each provider, such providers process the data solely to process User’s request and, as represented by such providers, do not use such data to train their general models; however, User expressly acknowledges that Fitia has no direct control over the internal practices of such providers and cannot absolutely guarantee such processing. You can find the applicable policies at https://policies.google.com/privacy, https://openai.com/policies/privacy-policy, and https://www.anthropic.com/legal/privacy.

ARTICLE 2. REGISTRATION INFORMATION

Whenever you use our Service, in the event of an application error, we collect data and information (via third party services) on your phone, called registration information. This registration information may include data such as your device's Internet Protocol ("IP") address, device name, operating system version, app settings when using our Service, the date and time of Service usage, and other statistics.

ARTICLE 3. PAYMENT INFORMATION

The device's online store operates the payments in our app. App Store and Play Store are both responsible for the security of the payment information. Fitia, Inc. has no access to this information and cannot be held liable for this information.

ARTICLE 4. COMMUNICATIONS

As part of using the Service, Fitia may send User communications, including, without limitation: (i) transactional and service communications (such as confirmations, billing reminders, security alerts, changes to the Terms of Service or to this Privacy Policy, and responses to User requests); (ii) usage and educational communications (such as tips, regular-usage reminders, meal-logging reminders, and motivational messages); (iii) promotional and marketing communications (such as special offers, Subscription promotions, discounts, surveys, and product announcements); and (iv) in-app notifications and push notifications delivered to User’s Device through the operating system’s notification services (including, without limitation, Apple Push Notification service and Firebase Cloud Messaging). By accepting this Privacy Policy, and except where applicable law requires a separate specific consent, User expressly consents to receive such communications and notifications. Transactional and service communications are an integral part of the Service and cannot be disabled while User maintains a User Account. User may unsubscribe from promotional and marketing communications at any time via the link provided in each message, by adjusting preferences within the App, or by disabling push notifications in the Device settings.

ARTICLE 5. COOKIES

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites you visit and stored in the internal memory of your device. This Service does not use cookies explicitly. However, the app may use third party codes and libraries that use cookies to collect information and improve its services. You have the option to accept or reject these cookies and to be notified when a cookie is sent to your device. If you choose to reject our cookies, you may not be able to use some features of this Service.

ARTICLE 6. SERVICE PROVIDERS

We may employ third party companies and individuals due to the following reasons:

- To provide our Service;
- To perform services related to the Service; or
- To help us analyze how our Service is used.

We would like to inform our Service users that these third parties may have access to your user information. However, they are required not to disclose or use the information for any other purpose.

ARTICLE 7. SECURITY

We have implemented suitable measures and techniques to provide protection against illegal or unauthorized processing of personal data, and against illegal or accidental access, unauthorized disclosure, modification, loss, or illegal or accidental destruction of personal data. It should be noted, however, that we cannot completely prevent all security risks associated with the storage and transfer of personal data.

‍ARTICLE 8. LINKS TO OTHER WEBSITES

It should be noted that this Privacy Policy does not apply to the practices of companies we do not own or control, or to individuals we do not employ or are not under our direction. Our Services may include a link or otherwise provide access to third party Sites. We provide these links only as a convenience to you. We do not control, review or hold responsibility for third party sites, their content, or the products or services provided by third party sites. Our Privacy Policy does not apply to third party sites, and if you provide any information to these sites, you do so at your own risk. We encourage you to review the privacy policies of the third party sites on which you interact.

ARTICLE 9. AGE REQUIREMENTS

Fitia is available to individuals who have reached the age of majority in their country, state, or jurisdiction of residence, and such individuals may access the Services, except that certain features of the Fitia App, including Fitia Social, are subject to stricter age requirements set forth in the Terms of Service.

The minimum required age to create an account is 15 years. If a User is 15 years old or older but has not reached the age of majority in their country, state, or jurisdiction of residence, they may only use the Fitia App with the consent and under the supervision of a parent or legal guardian. By creating an account, the user confirms that such consent has been obtained.

Fitia does not knowingly collect personal information from anyone under the minimum required age. If you are a parent or legal guardian and believe that a minor has accessed the Services or provided personal information without meeting these requirements, please contact us so we can delete such information and the associated account.

ARTICLE 10. CHANGES TO THIS PRIVACY POLICY

The current Privacy Policy may be updated from time to time. Therefore, it is recommended that you review this document regularly. Any changes will become effective immediately upon the posting of such changes to this document.

ARTICLE 11. HEALTH-RELATED AND SENSITIVE DATA

Use of the Fitia App may involve the processing of data that, depending on applicable law, may qualify as “special categories of personal data” or “sensitive data,” including information concerning health, allergies, food intolerances, medical conditions (such as pregnancy, breastfeeding, diabetes, hypertension, or others), weight history, body measurements, caloric intake, eating habits, exercise habits, and related information. By voluntarily providing such data, and to the extent permitted by applicable law, User grants Fitia express consent to process this data to (i) generate personalized meal plans and tracking; (ii) provide, operate, maintain, improve, and personalize the Services; (iii) perform internal analytics and statistics, including with aggregated and anonymized data; and (iv) comply with legal obligations.

Fitia does not sell or rent sensitive personal data. Fitia does not share sensitive health data with third parties for advertising purposes. User may withdraw consent at any time by deleting the corresponding data or the User Account, as described in Article 1, with the understanding that such withdrawal may prevent or limit the provision of the Services. Fitia implements reasonable technical and organizational measures to protect this data, but cannot guarantee absolute security. User should consult a qualified healthcare professional before relying on any information generated by the App. Fitia is not liable for any damages arising from the inaccuracy of data provided by User, from misuse of such data by unauthorized third parties, or from User’s reliance on nutritional or health-related content generated by the App.

ARTICLE 12. FITIA SOCIAL AND USER-GENERATED CONTENT DATA

The Fitia App may include social features (collectively, “Fitia Social”) that allow User to create profiles, post content, interact with other Users, send messages, join groups and communities, and engage in similar interactions. This article describes how we process data in connection with Fitia Social, in addition to the general provisions of this Privacy Policy.

12.1. Public Profile Information. User may create a profile that contains a username, display name, profile photograph, biography, achievements, progress statistics, posts, photos, videos, comments, and reactions. Such information may be publicly visible or visible to other Users depending on the privacy settings selected by User. User acknowledges that any information User makes public may be viewed, copied, indexed by search engines and AI systems, and redistributed by third parties, and that Fitia cannot fully control or retrieve such content once it has been shared.

12.2. Messages and Communications. Direct messages, comments, and other communications sent by User through Fitia Social may be stored by Fitia to provide and improve the Services, enable moderation, detect abuse, ensure safety, and comply with legal obligations. Fitia may review reported content or content that violates the Terms of Service. Messages between Users are not end-to-end encrypted unless expressly indicated otherwise.

12.3. Moderation Logs. To operate Fitia Social, Fitia may collect and retain records relating to User conduct, including reports received, moderation actions (such as warnings, suspensions, and terminations), types of content removed, and timestamps, in order to enforce the Terms of Service, prevent abuse, and comply with legal obligations.

12.4. Data Shared with Other Users. When User interacts with other Users (for example, by following someone, joining a group, or posting in a challenge), some of User’s information (such as username, profile photo, posts, and interactions) will be visible to those Users. User is responsible for reviewing and adjusting privacy settings before posting content.

12.5. Age Restriction on Fitia Social. Fitia Social is restricted to Users who are of the age of majority in their jurisdiction and who, in any event, are at least 18 years of age, in accordance with the Terms of Service. Accordingly, Fitia does not knowingly process personal data of persons under 18 years of age through Fitia Social. Parents or legal guardians who become aware that a person under 18 is using Fitia Social may report it to support@fitia.app.

12.6. Location Data and Images. When User uploads photos or videos, they may contain metadata (such as GPS location). User is responsible for removing such information before uploading if User does not wish to share it. Fitia may process image metadata to provide features (for example, tagging, detection of inappropriate content) and may retain this information as necessary.

12.7. Account and Social Content Deletion. User may delete the account and associated User Content in accordance with Article 1. However, copies of User Content that have been shared, commented on, saved, or redistributed by other Users may persist on their respective devices, accounts, or caches, and Fitia may retain records to the extent necessary to comply with legal obligations, resolve disputes, and enforce the Terms of Service.

12.8. International Transfer of Data. Fitia Social data may be stored and processed on servers located in the United States or other countries. User expressly consents to such international transfer.

12.9. Limitation of Liability. To the fullest extent permitted by applicable law, Fitia expressly disclaims any liability for damages arising from (i) User’s voluntary disclosure of sensitive personal information through Fitia Social; (ii) the conduct of other Users, including the collection or misuse by other Users of information shared by User; (iii) unauthorized third-party access to information shared through Fitia Social; and (iv) the persistence of User Content after its deletion, as described in Section 12.7.

ARTICLE 13. ARTIFICIAL INTELLIGENCE AND AUTOMATED PROCESSING

13.1. Use of Artificial Intelligence. The User acknowledges and accepts that Fitia uses artificial intelligence (“AI”) technologies, including large language models and computer-vision models, in order to operate and improve the Application. Such technologies are used, among other purposes, to: (i) automatically calculate and estimate calories, macronutrients and micronutrients of foods, dishes and recipes; (ii) recognize and estimate foods and portions from photographs or images submitted by the User; (iii) generate personalized nutritional plans, meals, recipes, substitutions and suggestions based on the User’s data and objectives; (iv) generate images or visual content related to foods and recipes; (v) power Fitia Coach, an AI-based conversational assistant focused on nutrition and fitness; and (vi) other current or future functionalities that rely on automated processing. To provide these functionalities, Fitia may use AI models operated by third-party providers, including, among others, Google LLC, OpenAI L.L.C. and Anthropic PBC, as well as other providers that may be incorporated from time to time.

13.2. Data Processed by AI Systems. In order to deliver personalized results, Fitia may send to these AI providers, as context strictly necessary for processing the request, information such as: the User’s profile data (for example, age, gender, weight, height, activity level, objectives, dietary preferences and restrictions), food and activity records, recipes and meals created by the User, messages sent to Fitia Coach, and photographs or images voluntarily uploaded by the User. The User expressly acknowledges and accepts that these data will be transmitted to the AI providers as part of the ordinary operation of the Application.

13.3. No Sale; Limited Use of Data. Fitia does not sell the User’s personal data to the AI providers or to any third party. The data transmitted to such providers is sent pursuant to the applicable contractual terms between Fitia and each provider, and, as represented by such providers to Fitia, is not used by them to train their general models. The User acknowledges, however, that Fitia does not operate the infrastructure of these third parties, and therefore cannot absolutely guarantee the acts or omissions of said providers. Fitia undertakes to select providers offering reasonable confidentiality, security and privacy standards.

13.4. Fitia Coach and Informational Nature. Fitia Coach is an AI-based conversational assistant that, for personalization purposes, may access the User’s data within the Application. All responses, plans, recommendations, calculations and content generated by AI, including Fitia Coach, have an informational and referential nature, may contain errors, inaccuracies, omissions or “hallucinations”, and do not constitute medical, nutritional, psychological, pharmacological or any other kind of professional advice. The User agrees not to make health decisions solely on the basis of outputs generated by AI and to consult, whenever necessary, a duly qualified professional.

13.5. Automated Nature; No Decisions with Legal Effect. The processing performed by AI is automated. However, Fitia does not use AI to adopt decisions that produce legal effects on the User or that affect the User in a similarly significant manner in the sense of data-protection regulations applicable to automated individual decisions. The User may, at any time, stop using features based on AI or refrain from submitting content to Fitia Coach.

13.6. Consent and Limitation of Liability. By using the Application, the User expressly grants their informed consent to the processing of their data by the aforementioned AI systems for the purposes described in this Article. To the fullest extent permitted by applicable law, Fitia shall not be liable for damages arising from (i) the accuracy, relevance or usefulness of the results generated by AI; (ii) health, nutritional or physical-activity decisions adopted by the User based on such results; or (iii) acts or omissions of third-party AI providers, without prejudice to the obligations of Fitia as data controller under the applicable regulations.

‍ARTICLE 14. CONTACT INFORMATION

If you have any questions or suggestions regarding our Privacy Policy, you may contact us at our email address support@fitia.app.