Privacy Policy

EatSmart (the “App”) is operated by Asserere LLC (“we,” “our,” or “us”). This Privacy Policy explains what personal information we collect when you use the App and this website (together, the “Services”), how we use and share it, how long we keep it, and the choices and rights you have.

By using the Services, you agree to this Privacy Policy. If you do not agree, please do not use them.

1. Personal information we collect

a. Information you give us

• Account information: your email address, your name if you provide it, and a profile photo if you add one.
• Profile and goal information: your goal (lose, maintain or gain weight), sex, age, height, current and goal weight, activity level, workouts per week, and the eating challenge you most want help with.
• Food and nutrition information: meal photos you take, meals you describe in text, barcodes you scan, photos of restaurant menus you scan, and the food, weight and water entries, favorites and meal collections you create.
• Support communications: the information you include when you contact us.

b. Information we collect automatically

• Usage information: the screens you view, the features you use, how you interact with the App, and the date, time and duration of your activity.
• Device information: device type, model and name, operating system and version, app version, language and region settings, and IP address.

c. Information we receive from others

• Sign in with Apple or Google: if you choose one of these, we receive the email address you choose to share (with Apple, this may be a private relay address). We never receive your Apple or Google password.
• Apple Health: if you give permission, we read your workouts (type, duration, calories burned and time) and save them to your EatSmart account. We do not write any data to Apple Health.
• App Store: we receive your subscription status and purchase history from Apple. We never receive your card or payment details.
• Referral partners: if you install EatSmart through a creator’s or partner’s referral link, we receive information that links your sign-up to that referral.

d. De-identified information

We may de-identify or aggregate information so that it can no longer reasonably be linked to you, and use it for purposes such as improving the Services. We will not try to re-identify de-identified information.

2. How we use personal information

We use personal information to:

• Provide the Services: create your account, analyze meal and menu photos and descriptions, calculate your calorie and macro targets, and track your food, weight, water and workouts.
• Manage subscriptions: process and verify purchases and give you access to paid features.
• Personalize your experience: show your progress and remaining targets, and rank menu dishes against what you have left for the day.
• Send reminders you turn on: meal reminders are scheduled on your device, and you can turn them off at any time.
• Improve the Services: understand how the App is used, fix problems and develop new features.
• Attribute referrals: credit creators and partners for sign-ups that come from their links.
• Support and communication: respond to your questions and send important service messages.
• Safety and legal compliance: prevent fraud and misuse, enforce our Terms, and meet legal obligations.

Your nutrition plan and food estimates are created automatically by artificial intelligence. They are suggestions you can review and change, and they are not used to make decisions with legal or similarly significant effects about you.

3. How we disclose personal information

We do not sell your personal information, and we do not share it for targeted advertising. We disclose personal information only to the following categories of recipients:

• Service providers that perform services on our behalf, under contracts that limit how they may use your information. These include providers of cloud hosting, database and file storage; account sign-in; artificial intelligence processing for food, menu and nutrition analysis; product analytics; subscription management; and food nutrition databases. A food nutrition database receives only the barcode you scan.
• Referral and creator partners, to the limited extent needed to credit them for sign-ups from their links.
• Apple, when you use Sign in with Apple, Apple Health or App Store purchases, and Google, when you use Sign in with Google.
• Legal and safety: when we believe disclosure is required by law, regulation or legal process, or is needed to protect the rights, property or safety of our users, the public or Asserere LLC.
• Business transfers: in connection with a merger, acquisition, financing, or sale of all or part of our business, subject to this Policy.
• With your consent or at your direction.

List of service providers: you can request the current list of service providers we use by emailing hello@eatsmartapp.co.

4. Apple Health data

Data from Apple Health is used only to provide features in EatSmart. We never use it for advertising, marketing or data mining, we never sell it, and we do not disclose it to third parties except as needed to store and display it in your account. You can turn off access at any time in your iPhone’s Settings > Health > Data Access & Devices.

5. Your choices

• App permissions: you can allow or turn off access to the camera, photos, Apple Health and notifications at any time in your iPhone’s Settings.
• Reminders: turn them on or off in the App or in your iPhone’s notification settings.
• Advertising: we do not show ads in the App, and we do not use your information for third-party advertising.
• This website: eatsmartapp.co does not use cookies, analytics or advertising trackers.

6. How we protect your information

We use reasonable administrative, technical and physical safeguards designed to protect your information, including encryption in transit and access controls. No method of transmission or storage is completely secure, so we cannot guarantee absolute security.

7. How long we keep your information

We keep your information while your account is active and as needed to provide the Services. You can delete your account at any time in the App (see Delete your account). When you delete your account, we permanently delete your login and your profile information, and the records you created, such as meal logs and photos, are disconnected from your account. Information in our database backups is removed within 30 days. We may keep certain records for longer when the law requires it, for example purchase records.

8. Children

EatSmart is intended for people aged 16 and older. We do not knowingly collect personal information from children under 13. If you believe a child has given us personal information, contact us and we will delete it.

9. International transfers

Asserere LLC is based in the United States. Your information may be processed and stored in the United States and other countries where our service providers operate, where data protection laws may differ from those in your country. Where required, we use appropriate safeguards for these transfers, such as standard contractual clauses.

10. Your privacy rights

Depending on where you live, you may have the right to:

• Access the personal information we hold about you and receive a copy of it.
• Correct inaccurate personal information.
• Delete your personal information.
• Object to or restrict certain processing.
• Withdraw consent where we rely on it, without affecting processing that happened before.
• Not be discriminated against for exercising your rights.

How to exercise your rights

Email hello@eatsmartapp.co from the email address on your EatSmart account. You can also delete your account directly in the App. We will verify your request by replying to that email address, and respond within the time required by law, usually within 30 to 45 days. You may use an authorized agent, and we may ask for proof that the agent is authorized.

If we decline your request, you may appeal by replying to our decision with the subject “Privacy appeal.” If you are not satisfied with the result of your appeal, you may contact your state attorney general or local data protection authority.

11. Additional information for certain locations

a. California

Under California law, these are the categories of personal information we have collected in the past 12 months, with their sources and purposes:

Category	Examples	Source
Identifiers	Email address, name, account ID, IP address	You; your device; Apple or Google sign-in
Customer records	Profile photo, support messages	You
Characteristics of protected classifications	Sex, age	You
Commercial information	Subscription status and purchase history	Apple
Internet or other electronic network activity	App usage and interactions, device information	Your device
Sensitive personal information	Health information such as weight, nutrition and workouts	You; Apple Health with your permission
Inferences	Calorie and macro targets created from your profile	Created by us

We use these categories for the business purposes described in Section 2 and disclose them to the categories of recipients described in Section 3. We do not sell or share personal information, including sensitive personal information, and we use sensitive personal information only to provide the Services you request. We do not knowingly sell or share the personal information of consumers under 16.

b. Washington and other states with consumer health data laws

Some of the information described in this Policy, such as your weight, nutrition, food logs and workouts, is “consumer health data” under laws like Washington’s My Health My Data Act.

• What we collect and why: the health-related information described in Section 1, used only to provide and improve the Services as described in Section 2.
• Sources: you, your device, and Apple Health if you give permission.
• Who we share it with: only the service providers described in Section 3, which process it on our behalf. We do not sell consumer health data.
• Your rights: you can confirm whether we collect your consumer health data, access it, request a list of the third parties and affiliates we have shared it with, withdraw consent, and delete it. To exercise these rights, follow the steps in Section 10.

c. European Economic Area, Switzerland and the United Kingdom

We process your personal information on these legal bases:

• Contract: to provide the Services you request.
• Consent: for health information, Apple Health access and reminders. You can withdraw consent at any time.
• Legitimate interests: to improve the Services, keep them secure and prevent misuse, where these interests are not overridden by your rights.
• Legal obligation: to comply with the law.

You also have the right to data portability and to lodge a complaint with your local data protection authority.

12. Changes to this Policy

We may update this Privacy Policy from time to time. If we make material changes, we will update the date at the top of this page and notify you in the App.

13. Contact us

If you have questions about this Privacy Policy or want to exercise your rights, contact us:

Asserere LLC
Email: hello@eatsmartapp.co