Last update: 20.04.2020
Welcome to FoodPal. Thank you for selecting and using our app and related services ("Services"). By registering with us and using the App, you agree to be bound by these Terms and Conditions ("TOS"). Therefore, please read them very carefully. If you do not agree with our TOS, unfortunately you will not be able to use FoodPal.
FoodPal is a digital, interactive and customizable nutrition coach for smartphone & tablet and available online at www.foodpal-app.com or in the iPhone App Store and Google Play Store.
FoodPal will support you to eat a sustainable healthy and balanced diet. FoodPal helps you achieve your nutritional goals, whether you want to lose weight, gain weight, maintain weight or build muscle.
FoodPal creates a nutrition plan that is perfectly tailored to you, with the optimal amount of energy and the optimal mix of nutrients for perfect nutrition. FoodPal adapts to your needs and preferences and gets to know you better over time - a real coach and friend.
FoodPal gives you a complete overview of your nutrition. FoodPal registers when you deviate from your route and optimizes your nutrition plan immediately and automatically. Deviations are always compensated. Like a dynamic navigation system, FoodPal always brings you to your destination, even if you have deviated from the route.
FoodPal gives you constant motivation and increases your stamina to reach your goal.
FoodPal brings you back the fun of healthy and balanced nutrition and control over your diet.
In order to use FoodPal, you must follow a few simple rules. FoodPal is only available for your private use and is not intended for commercial use. FoodPal may only be used within the framework of the legal regulations and these terms and conditions. By using FoodPal you agree that ....
- You are solely responsible for the activities within Your Account and all content You upload and/or create in Your FoodPal Account.
- FoodPal does not monitor the content of Your Account, but may remove material from Your Account and terminate Your Account and/or subscription at any time in its sole discretion.
- Your membership to FoodPal, including Your Mails and Password, is personal to You and may not be transferred to or used by anyone else. You are responsible for keeping your login information safe.
- FoodPal is not responsible in any way for any damage caused by unauthorized access to your account or use of your login information. If you have knowledge or suspicion of unauthorized use of your account, you are obligated to inform FoodPal immediately. Contact information can be found in the imprint or at the end of these terms and conditions.
- FoodPal is not intended for use by persons under the age of 14. You must be at least 14 years old to use FoodPal.
- violation of these terms and conditions will result in immediate termination of your account and subscription without refund of purchases already made.
- Advertising, commercial offers and/or references to where commercial offers can be found (e.g. links) are not allowed within FoodPal.
- FoodPal contributions to propaganda, religious and/or political opinion contributions or contributions, which contain information, which in any way contain a connection to racism, child pornography or pornography or concern such, in the context of the use of FoodPal expressly forbidden.
- FoodPal defamation, insults or harassment of others in the context of the use of FoodPal expressly prohibited.
- no files (e.g. malicious software such as viruses and trojans) are transferred and/or distributed by you that can damage FoodPal or the computers or property of others.
- You may not share the personal information of others without their permission.
As a user you get an account. In this account you can change and manage your data. You can cancel/close your account at any time. Please note that uninstalling your mobile application or closing your account does not automatically terminate your subscription - you must actively cancel your subscription.
Please also note that if you subscribed to FoodPal through the iPhone App Store or Google Play Store, you will need to cancel your subscription. To find out how to cancel the subscription and/or your account, please follow the instructions in the app or on the website. Special terms apply to FoodPal Premium.
FoodPal has no obligation to monitor the content of your account. Inactive accounts may be deleted by us.
Health and nutrition advice
FoodPal is not a medical advisor and does not offer any medical diagnoses or the like. You are therefore responsible for your own health. The information and nutritional suggestions provided by FoodPal are intended only as support for a balanced and healthy diet and may only be used for that purpose. In any case, consult your doctor before you want to lose weight with FoodPal or if any complaints should occur. FoodPal cannot guarantee results or improvements in health, weight and/or wellness. Also, our offer is intended for healthy people only. Please do not use FoodPal if you have or may have a medical condition that can be worsened by dieting.
Although FoodPal verifies nutritional information in our database, we cannot guarantee that FoodPal's dietary suggestions are accurate, reliable, or complete. FoodPal is not liable for personal injury or other damages, if any, directly or indirectly resulting from the use or misuse of FoodPal.
FoodPal Premium and in-app purchases
If you subscribe to or intend to purchase FoodPal Premium or other paid in-app products and/or services, this chapter is important for you. By paying the respective (subscription) fee, you get access to FoodPal Premium during the agreed term or the respective products under the following conditions:
- All FoodPal Premium subscriptions and in-app products are payable in advance.
- You can find the current subscription fees on our FoodPal website (www.foodpal-app.com) and in the mobile application.
- You will be notified of your obligation to pay by a clear marking and you must explicitly confirm the claim by clicking the appropriate field.
- FoodPal accepts common non-cash payment methods such as credit card payment, PayPal, Apple iTunes and Google Play. Special conditions may apply.
- FoodPal reserves the right to change subscription fees as needed.
- You may cancel your membership at any time; in case of cancellation, your membership will continue until the end of the agreed subscription period for which you have already paid.
- If you purchased the FoodPal subscription through iPhone App Store or Google Play Store, you can cancel the subscription only through these services.
- You give your consent to start using FoodPal Premium or other paid services immediately by signing up for them.
- The 14-day period to cancel the contract with FoodPal starts from the date when you receive the confirmation of your subscription or other paid services by email. This period also applies if you do not start using the service within this period. To exercise your right of withdrawal, send FoodPal an email to the email address given in the imprint or at the end of this document. Prepaid fees will be refunded to you within 30 days.
- All payments made through Apple, for example in-app purchases, can only be refunded by Apple with their consent. Should you wish to contact Apple, you may do so at "https://support.apple.com/de".
- Late payments will not be considered as the termination of FoodPal Premium subscription.
All intellectual property, that is, all rights including all trademarks, service marks, trade names and copyrighted content displayed within FoodPal, is the property of FoodPal and/or third parties. You hereby agree not to use the Intellectual Property for any purpose other than for Your use of FoodPal, except as otherwise required by applicable law.
If You submit material or content to FoodPal, You warrant and represent that You own the copyright, trademark and/or other proprietary rights thereto. You agree to grant FoodPal a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use the User Material to the extent necessary for FoodPal to operate and maintain the Service. This license remains valid until the respective User Material is deleted by You or by FoodPal in accordance with these TOS.
Disclaimer and limitation of liability
FoodPal is provided "as is" without warranty of any kind. You use FoodPal at your own risk. FoodPal does not assume any liability, warranty, express or implied, or responsibility ....
- o for FoodPal and its availability to be uninterrupted or error-free.
- o for any errors or omissions in the information, software or other materials, including User Materials, referenced or linked to.
- o for references or links to third-party websites provided in the current version.
- o for indirect or consequential damages, except in cases of willful misconduct or gross negligence.
Information about the type, scope, location and purpose of the collection, processing and use with regard to the personal data required for the execution of FoodPal by us as well as your right to information and the right to correction, blocking and deletion can be found in the data protection provisions.
You are not entitled to transfer your rights and/or obligations under these GTC or the use of FoodPal to a third party without FoodPal's prior written consent. FoodPal is entitled to transfer its rights and/or obligations in accordance with these GTC.
FoodPal reserves the right to refuse service to any person at any time for any reason. FoodPal will revise these GTC from time to time and adjust them to the current circumstances in each case. The latest version will always be available on the FoodPal website (www.foodpal-app.com) or in the App. Any material changes will become effective between You and FoodPal after You accept the relevant changes, for example, by using FoodPal after being notified of the change, renewing Your Premium Subscription or continuing to make In-App Purchases.
Applicable Law and Dispute Resolution
These TOS and the use of FoodPal shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding its conflict of law provisions. The place of jurisdiction for all claims arising from these GTC or in connection with these GTC or the use of FoodPal is Hamburg.
FoodPal is always available for information, questions or support. You can reach us under the indicated contacts. We will try to answer you as soon as possible.
FoodPal UG (limited liability)
At the Klein Flottbek train station 59
1. data protection at a glance
The following information provides a simple overview of what happens to your personal data when you visit our website. Personal data is any data with which you can be personally identified. You can find detailed information on the subject of data protection in this data protection declaration.
We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.
2. data collection on our website
Who is responsible for data collection on this website?
The data processing on this website is done by FoodPal. You can find our contact details in the imprint of this website.
How do we collect your data?
On the one hand, your data is collected by you providing it to us. This can be, for example, data that you enter in a contact form.
Other data is collected automatically by our IT systems when you visit the website. This is mainly technical data (e.g. Internet browser, operating system or time of page view). This data is collected automatically as soon as you visit our website.
What do we use your data for?
Part of the data is collected to ensure error-free provision of the website. Other data may be used to analyze your user behavior.
What rights do you have regarding your data?
You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction, blocking or deletion of this data. For this and other questions on the subject of data protection, you can contact us at any time at the address given in the imprint. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.
Analysis tools and third-party tools
3. purpose and legal basis for the processing of personal data
Purpose of data processing
The purpose of data processing on our website is to provide information about the services of FoodPal, an interactive, virtual nutrition coach combined with the possibility to contact FoodPal's contact persons.
Legal basis of data processing
Art. 6 para.1 lit. a DSGVO for the processing of personal data with the consent of the data subject.
Art. 6 para.1 lit.b DSGVO for the processing of personal data for the performance of a contract with the data subject as well as for the performance of corresponding pre-contractual measures.
Art. 6 para. 1 lit. c DSGVO for the processing of personal data for the fulfillment of a legal obligation to which we are subject.
Art. 6 (1) (e) DSGVO for the processing of personal data for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Art. 6 (1) (f) DSGVO for the processing of personal data for the purposes of our legitimate interests or those of a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.
4. disclosure and further recipients of personal data
We may transfer your personal data to further recipients
- for the fulfillment of our notification obligations pursuant to Art. 6 I lit. c DSGVO, this includes in particular authorities (e.g. social insurance institutions, financial authorities or law enforcement agencies)
- for the fulfillment of a contract or pre-contractual obligations pursuant to Art. 6 I lit. b DSGVO (e.g. payment service providers)
- on the basis of a legitimate interest pursuant to Art. 6 I lit. f DSGVO (e.g. agents or web hosters)
- on the basis of your consent according to Art. 6 I lit. a DSGVO
If we engage third parties on the basis of a contract processing agreement, we observe Art. 28 DSGVO.
Transfer of personal data outside the EU
We use functions of external providers based in non-European countries on our website. Your personal data may therefore be processed and stored outside the EU. We will only transfer your personal data outside the EU if the third country has been certified by the European Commission as having an adequate level of data protection or if data protection guarantees are in place. Data may also be transferred to a non-European third country if we inform you of this in advance and you provide your consent. In addition, we can agree with the provider on the standard contractual clauses for the protection of personal data.
5. data deletion and storage period
Your personal data will be deleted or blocked when the purposes for which they were collected or otherwise processed no longer exist. We store your personal data for the period in which claims (e.g. statutory limitation periods of up to 30 years) can be asserted against us. Beyond this, data storage is only possible if the European or German legislator has stipulated this for verification and retention periods, e.g. the German Commercial Code (HGB), Tax Code (AO) or Money Laundering Act (GWG). We will block or delete personal data when a legally standardized storage period expires. Something else applies only if the necessity for the further storage of the data for a contract conclusion or a contract fulfillment exists.
6. your rights as a data subject
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. For this purpose, an informal communication by e-mail to us is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Right to object to data collection in special cases and to direct advertising (Art. 21 DSGVO).
If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to processing of personal data concerned for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing. If you object, your personal data will subsequently no longer be used for the purpose of direct marketing (objection pursuant to Art. 21 (2) DSGVO).
Right of appeal to the competent supervisory authority
In the event of violations of the GDPR, data subjects shall have a right of appeal to a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged violation. The right of appeal is without prejudice to other administrative or judicial remedies.
The supervisory authority responsible for us is:
The Hamburg Commissioner for Data Protection and Freedom of Information.
Kurt-Schumacher-Allee 4, 20097 Hamburg, Germany
Tel.: 040/428 54 - 4040
Fax: 040/4279 - 11 811
E-mail: [email protected]
Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another responsible party, this will only be done insofar as it is technically feasible.
SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Information, blocking, deletion and correction
Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if necessary, a right to correction, blocking or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time at the address given in the imprint.
Right to restriction of processing
You have the right to request the restriction of the processing of your personal data. To do this, you can contact us at any time at the address given in the imprint. The right to restriction of processing exists in the following cases:
- If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the review, you have the right to request the restriction of the processing of your personal data.
- If the processing of your personal data has happened / is happening unlawfully, you can request the restriction of data processing instead of deletion.
- If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of the erasure.
- If you have lodged an objection pursuant to Art. 21 (1) DSGVO, a balancing of your and our interests must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to demand the restriction of the processing of your personal data.
If you have restricted the processing of your personal data, this data - apart from its storage - may only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.
Objection to advertising e-mails
The use of contact data published within the framework of the imprint obligation for the transmission of advertising and information material not expressly requested is hereby objected to. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.
7. data collection on our website
The website partly uses so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, more effective and safer. Cookies are small text files that are stored on your computer and saved by your browser.
Most of the cookies we use are so-called "session cookies". They are automatically deleted at the end of your visit. Other cookies remain stored on your terminal device until you delete them. These cookies allow us to recognize your browser on your next visit.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If you disable cookies, the functionality of this website may be limited.
Cookies that are required to carry out the electronic communication process or to provide certain functions desired by you are stored on the basis of Art. 6 (1) lit. f DSGVO. FoodPal has a legitimate interest in storing cookies for the technically error-free and optimized provision of its services. Insofar as other cookies (e.g. cookies for the analysis of your surfing behavior) are stored, these are treated separately in this data protection declaration.
Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- browser type and browser version
- Operating system used
- referrer URL
- Host name of the accessing computer
- Time of the server request
- IP address
This data is not merged with other data sources.
The collection of this data is based on Art. 6 para. 1 lit. f DSGVO. FoodPal has a legitimate interest in the technically error-free presentation and optimization of its website - for this purpose, the server log files must be collected.
If you send us inquiries via the contact form, your data from the inquiry form, including the contact data you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.
The processing of the data entered in the contact form is therefore based exclusively on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time. For this purpose, an informal communication by e-mail to us is sufficient. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.
The data you entered in the contact form will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after processing your request has been completed). Mandatory legal provisions - in particular retention periods - remain unaffected.
8. analysis tools and advertising
We use Google Analytics on our website, an analysis service of Google Inc. "Google" (About Google), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Data as described under server log files are transmitted to a Google server in the USA and stored there. The data is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for market research purposes and to tailor this website to your needs. If necessary, this information will be transferred to third parties if this is required by law or if these data are processed by third parties on behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized (IP masking), an assignment is then not possible. Since the use of Google Analytics is carried out in the interest of optimizing and designing our website to meet the needs of our customers, this constitutes a legitimate interest pursuant to Art. 6 (1) lit. f DSGVO.
You can prevent the collection of data generated by the cookie and related to your use of the website (incl. IP address) as well as its processing by downloading and installing a browser add-on (Google Analytics Opt Out).
You can find more information on data protection in Google Analytics Help (Google Support).
We will contact you by email and through notifications that appear on your mobile device to inform you about new features, additional offers, etc. If you do not wish to receive notifications on your mobile device, you can disable this service. Answers to questions that you have sent to user support ([email protected]) by e-mail will also be answered by e-mail, even if you have unsubscribed from our e-mail distribution list.
10. plug-ins and tools
YouTube with enhanced data protection
Our website uses plug-ins from the website YouTube. The operator of the pages is YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA.
We use YouTube in extended data protection mode. According to YouTube, this mode means that YouTube does not store any information about visitors to this website before they watch the video. However, the transfer of data to YouTube partners is not necessarily excluded by the extended data protection mode. Thus, YouTube - regardless of whether you watch a video - establishes a connection to the Google Double Click network.
As soon as you start a YouTube video on our website, a connection to the YouTube servers is established. This tells the YouTube server which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.
Furthermore, YouTube can save various cookies on your end device after starting a video. With the help of these cookies, YouTube can obtain information about visitors to our website. This information is used, among other things, to collect video statistics, improve the user experience, and prevent fraud attempts. The cookies remain on your terminal device until you delete them.
If necessary, further data processing processes may be triggered after the start of a YouTube video, over which we have no control.
YouTube is used in the interest of an appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 (1) lit. f DSGVO.
Google Web Fonts
This site uses so-called web fonts provided by Google for the uniform display of fonts. The Google Fonts are installed locally. A connection to Google servers does not take place.
11. topicality and change of this data protection explanation
The status of this declaration is 20.04.2020. However, we reserve the right to adapt the contents of this data protection declaration. As a rule, this happens with further development or adaptation of the services used.