These terms and conditions (Terms) govern your access to and use of the Service (as defined below) and any recipes, information, text, videos, photos or other materials appearing on the Service (collectively the Content).
Please read these Terms carefully before you start to use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Service.
- The Service
1.1 Holistal is a brand name owned and labeled by Phoodster AB its web and mobile platform enabling users to inter alia register, conduct a personal assessment, select goals, perform actions, activate challenges and collect points, (The Service).
1.2 The Service is operated by Phoodster AB, reg. no. 556900-9169 (Phoodster).
1.3 The Service may change from time to time without prior notice to you and Phoodster reserves the right to cease (permanently or temporarily) to provide the Service (in whole or in part) to you or to users generally and may not be able to provide you with prior notice.
- Access to and use of the service
2.1.1 In order to access or use the Service, your employer need a signed and valid agreement with Phoodster. Access to corporate administrators is given by representatives at Phoodster AB. Access to mobile application to end users at corporations is given by company administrators. The mobile application can be downloaded at App Store or Google Play.
2.1.2 When creating an Account, you will need to provide certain personal data and establish a username and a password.
For corporate administrators the following must be provided upon registration and activation
- First and last name
- Phone number
For mobile applications the information provided must primarily be provided to the corporate administrator for whitelisting (activation). The following personal information is then collected by Phoodster.
- Email address
- Number of points associated with the email address
2.2 The personal information we collect and how we use it
Your personal details, including your name, e-mail address, all information that you fill in to create a profile in our application is used for below purpose
- Personal support
- Personal coaching: user authorization for access to personal information is needed and only limited to the coach approved by the individual
- Record keeping of financial transactions in accordance with applicable Swedish tax and accounting laws
Should you decide that you no longer wish to receive communication, you may unsubscribe to newsletters, and you always have the right to reach out to us to have your email or other data removed from our systems. To do so, please contact us at email@example.com or click on opt-out/unsubscribe below in the newsletter.
2.3 Aggregate Information About users and visitors
We gather information and statistics collectively about all visitors across all platforms accessed by end users and customers. We only use such data in the aggregate form and is non-personal. This information helps us determine what further development work could be most beneficial for our users and how we can continually improve our services to create a better overall experience.
2.4 Your right for information and deletion
2.4.1 You have the right at any time to ask us for a copy of the information that we hold on you. If you would like to make a request for information, please contact firstname.lastname@example.org. You also have the right, at any time, to ask Phoodster AB to stop using your information or to delete it.
2.5.1 Subject to your compliance with these Terms, Phoodster grants you a non-exclusive and non-transferable single user license to download and install one copy of the Application to your mobile device, tablet and/or computer, and to access and use the Service, solely for your own personal use.
2.5.2 You may not: (i) copy, modify or distribute an Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Service; (iv) make the functionality of the Service available to multiple users through any means; (v) attempt to access, tamper with, or use non-public areas of the Service, Phoodsters computer systems or similar; (vi) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (vii) use the Service for any commercial purpose or for the benefit of any third party; or (viii) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
Phoodster may charge fees for the use of certain features of the Service. Any such fees are subject to change at any time.
- intellectual property rights
The Service is protected by copyright, trademark, and other applicable laws. Except as expressly provided in these Terms, Phoodster and its licensors exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
4.2 Infringement policy.
4.2.1 Phoodster respects the intellectual property rights of others and expect users of the Service to do the same. Phoodster will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Phoodster.
4.2.2 If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please send an e-mail to email@example.com with the information set out in Phoodsters from time to time applicable infringement policy.
- No warranties
5.1 You acknowledge and agree that the Service and all Content, are provided to you on an “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, Phoodster explicitly disclaims all warranties of any kind, whether express or implied, relating to the Service including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement and any warranties arising out of course of dealing or usage of trade. Your use of the Service is thus at your sole discretion and risk.
5.2 Phoodster will not be responsible for any harm to your computer, mobile device, tablet or computer, loss of data or other harm that results from your use of the Service. Phoodster renders no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
5.3 Furthermore, Phoodster makes no representation or warranty regarding the accuracy, truthfulness, completeness or reliability of any Content provided through the Service, any information, products or services promoted or displayed through the Service or any transactions entered into through the Service. The Content, including the recipes and all related information and commentary made available through the Service is for informational purposes only and is not intended to be (and does not constitute) dietary advice or recommendations specifically for you and no advice or information, whether oral or written, obtained from Phoodster or through the Service will create any warranty not expressly made herein. Phoodster does not take responsibility for treating any medical conditions. If you have a medical condition; or belong to a risk group; in a pre-phase of a medical conditions, you must consult with your physician/doctor prior usage of the Service. You are solely responsible for all your communications and interactions with other users of the Service.
- Limitation of liability
To the fullest extent permitted by applicable law, Phoodster will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or in connection with the use, inability to use, or results of the use of the Service and/or any Content.
You agree to defend, indemnify, and hold Phoodster, its directors and employees, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
8.1 You may terminate your account at any time by deactivating your account or by providing notice of termination to Phoodster by emailing firstname.lastname@example.org
8.2 If you breach any of these Terms, Phoodster will have the right to suspend, disable or terminate your access to or use of the Service, in our sole discretion and without prior notice to you. Phoodster will not be liable to you or any third party for termination of your access or use of the Service. Any suspension or termination will not affect your obligations to Phoodster under these Terms (including, without limitation, ownership, indemnification and limitation of liability), which by their nature and context are intended to survive such suspension or termination.
8.3 Phoodster also reserves the right to investigate violations of any of these Terms and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Phoodster has no obligation to monitor your access to or use of the Service but has the right to do so for the purpose of operating the Service to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
9.1 Phoodster may revise these Terms at any time by giving notice in connection with you accessing the Service or by other means of communication. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Service.
9.2 The failure of Phoodster to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
9.3 These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its principles of conflict of laws.
For the purpose of the EU GDPR regulation, Phoodster is the data controller.
- Personal data we may process
We may collect and process the following personal data:
1.1 Information you provide to us. You may provide us information about you by filling in forms on our website phoodster.com and/or Holistal mobile or web-based application, by e-mail or otherwise or whilst using our service, including applications buttons, browsers, plugins and application programming interfaces (the Service). This includes information you provide when you register to use the Service, answering assessment questions, selecting and ranking of personal goals, performing actions, opting into a challenge, performance of the challenge, collection of points, when you report a problem with the Service and similar. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description.
1.2 Information that we collect. In respect of each of your visits when using the Service we may collect the following (i) technical information, including the Internet protocol address used to connect your device to the Internet, your login information, browser type and version, operating system and platform; and (ii) information about your visit or usage.
1.3 Application Usage Information. When you use our mobile application, our servers will automatically record information that your mobile device sends or transmits, including, but not limited to, the model and device ID number of your mobile device, user settings, location (if you enable this feature) and information about your use of the application.
- Use of personal data
2.1 We may use personal data:
a) to provide support in any matters regarding the service
b) to allow you to participate in interactive features of the Service (when you choose to do so);
c) to fulfil our obligations arising from any agreements entered between you and us and to provide you with the information, products and services that you request from us;
d) to notify you about changes to the Service; and
e) to ensure that content from the Service is presented in the most effective manner for you and the device you are using to access the Service.
2.2 We also store, track and monitor Application Usage Information, however, only in the form of general usage and is non-personal. We use this information to provide and improve the Service, develop new products, and offer products and services that may be of interest to you.
- Disclosure of personal data
3.1 We may share personal data to:
a) Your employer. The information shared is your email and points collected
b) Customer support on need basis from you
c) Your personal coach by approval by you and limited to only the coach permitted by you
3.2 We may also disclose personal data to third parties:
The disclosure of personal data is limited to 3.1 and 3.2. no other parties will have access to any personal information regarding our users.
- Storage and transfer of personal data
4.1 Personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or business partners. By submitting your personal data, you consent to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with governing law.
4.2 We have also ensured that your personal is protected through DPO and other from time to time applicable agreements with all our third-party suppliers. All non EU third parties we are working with or choose to work with are accredited by GDPR or in accordance with US Privacy Shield.
- Opt-out or deletion
You may at any time opt-out from our service and/or ask for deletion of your personal information by emailing: email@example.com
6.2 We use persistent cookies to save information like your search preferences, your account settings and login information, so that we can remember you and your settings when you return to the site. We use session cookies to enable certain features of the site or the Service, but unlike persistent cookies, session cookies are deleted when you leave or log off from the site and/or when you close your browser. Third-party advertisers on the site may also place or read cookies on your browser.
6.3 Most Internet browsers automatically accept cookies but you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all features of the site or all functionality of the Service.
6.4 We may also use third parties to collect non-personal usage analytics for our Service and web site.
- Links to other websites
Our site and the Service may, from time to time, contain links to and from the websites of our partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
- Your rights
8.1 You have the right to ask us not to process your personal data.. You can exercise your right to prevent such processing by opting out from our service and request for deletion. Email firstname.lastname@example.org to exercise that right.
8.2 You may review, update, correct or delete personal data that we process about you by contacting us at email@example.com or, where applicable, by making the appropriate modifications in your account preferences through the Service. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request.