Privacy Policy

We collect various types of information about users, including personal data entered by users into our products (such a name, birth, etc), where provided by a user directly or indirectly through integrations with user enabled third party apps and services) and information about your use of our products (like contact and device information). Users must specifically consent to the sharing of data and information with us.
We use the information we collect to make our products better and improve your experience.
We share data in Four important ways:
- We share data that does not personally identify you with third parties such as advertisers and business partners.
- We share data that does personally identify you with third parties that support our communication with you via email or messages or that provide analytics that permit us to better understand how our products are used.
- We share data that does personally identify you with third parties that you’ve elected to share your information with through our products and with third party products and services that you’ve elected to integrate your account with through our products.
- We also share data that does personally identify you in much more limited circumstances, such as when we are required by law or if our company is acquired or merges with another company.
You have choices regarding your personal information and the way that we communicate with you. All users can confirm, change, or update personal information, as well as opt-out of communications from us.
We do not sell your personal information.
Additionally, users may request copies of personal information, to delete certain information, and to cease processing of personal information that pertains to you. You can learn more by visiting this page.
If you have a question about our Privacy Policy, please contact us.

1. We may update this Privacy Policy from time to time

When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. We may also contact you via your contact information on file, for example by email, notification or some other equivalent method. Your continued use of the Apps, and/or TheCup Services ten days following any changes means that You accept those changes. Even when we make changes, however, personal information collected by us will be treated in accordance with the version of the Privacy Policy in effect at the time the personal information was collected, unless we obtain Your consent otherwise.

PLEASE READ THIS PRIVACY POLICY CAREFULLY, AND PLEASE CHECK THIS APPLICATION PERIODICALLY FOR CHANGES.

If you do not agree to this Privacy Policy, please do not use the TheCup Apps or Services.

Scope of this Privacy Statement
Collection of Personal Information
Use of Personal Information
Sharing Information with Friends and in User Forums
Control of Personal Information and Opt-Out Options
Security of Information We Collect
Protection of Children’s Privacy
Enforcement of This Statement
Links to Other Websites
DO NOT TRACK DISCLOSURE

2. Collection of Personal Information

TheCup collects and uses your personal information to manage and enhance your use and experience of Apps and TheCup Services. TheCup DOES NOT SHARE INFORMATION COLLECTED FROM YOU THAT COULD PERSONALLY IDENTIFY YOU (“Personally Identifiable Information”) WITH ANY THIRD PARTY UNLESS YOU SPECIFICALLY CONSENT TO SUCH SHARING. We may share information that we collect with third parties consistent with this Privacy Policy, but such information will be aggregated and/or modified so as not to enable the identification of any user.

We may also use and allow third parties to track your browsing history profile. Such tracking will allow TheCup to offer you specifically tailored services and products with appropriate user consent, where necessary (both of TheCup and its third party partners). No personally identifiable information will be shared with any third party without your consent.

3. Types of Information Collected

User Information. In addition to the above personal information, we collect standard information about TheCup users such as:

Personal Data that you elect to submit to or share with the cup! mobile application, including, birthdate, specific details of the your chllenge results.
Images that you submit to our Apps.
Apple Activity App data that you elect to share with the Challenges App.
Email address and Password.
IP addresses, browser type and your operating system.
Pages visited on the Websites referring and exit pages, and the dates and times of the visits.
Financial information, such as your credit/debit card number or other billing information for purchases and product upgrades.
Any additional information relating to you and your use of the Websites, Apps or TheCup Services that you provide directly through the Websites, Apps or TheCup Services or that you’ve elected to share with our Apps through integrations with third party apps and services that you’ve enabled through your user profile on the Apps.
Location data and other information about devices used to access and interact with the App.
Information that you make publicly available or publicly post using tools made available via the App.
Information collected from promotions with third party companies.

Additionally, you may choose to provide a biological sample to one of our partners to allow Genetic Information to be generated for you and incorporated into the Lose It! mobile application. Information will not be shared with us unless you consent to such sharing.

Brands. If you are a Brand participating in the Cup! Brand program you will be asked to provide your email address and to select a password. You may also provide personal information such as your name, the name of your company and your photo.

Non-Personal Information. We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where App or TheCup Service is used so that we can better understand customer behavior and improve our products, services, and advertising.
We may collect information regarding customer activities on our Websites, Apps or TheCup Services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non personal information for the purposes of this Privacy Policy.
We may collect and store details of how you use our Websites, Apps or TheCup Services, including search queries. This information may be used to improve the relevancy of results provided by our Websites, Apps and TheCup Services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address.
If we combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

Supplemental Information Your information may also be supplemented with additional information from other sources, including publicly available sources.

4.Use of Personal Information

We may share information collected from you that does not identify you or an individual with third parties, including advertisers and potential business partners. For example, we may disclose the total number of pounds lost by all TheCup users, the average weight loss of TheCup users, or generalized information about diet and exercise habits based on aggregated statistics developed from collected data.

We may also share data that does not identify an individual user:

To fulfill the services and products you request from us.
To operate and improve the Websites, App and TheCup Services made available by The Cup, including developing new features and products.
To communicate with you, respond to your requests and manage our relationship.
To personalize the products and services provided to you.
Measure performance of the Apps and TheCup Services.
To allow you to participate in challenges, contests and surveys, including those offered through our Challenges App. TheCup may co-sponsor challenges, contests and surveys with other companies, in which case any information collected is likely to be shared with other participating companies and, in the case of our Challenges App, with the company sponsoring the challenges as well as with other individual participants in the challenges you elect to participate in.
To send you marketing notices including promotions of our products and services. You can opt-out of communications from TheCup at any time (see control of personal information below).
To send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with TheCup, you may not opt out of receiving these communications.
To share non-identifying event data with our product and marketing analytics partners: Braze, Amplitude, and Singular. These partners help us to analyze information about the use of TheCup Services for marketing purposes or in order to improve the Websites, Apps and TheCup Services.
For internal purposes, which may require the transfer of such information to other TheCup affiliates for administrative purposes, technical maintenance purposes, auditing, data analysis, research to improve our products, services, and customer communications, and the marketing and promotion of products and services that might be of interest to you.
If you enter into a challenge, contest, or similar promotion we may use the information you provide to administer those programs.

In the event TheCup goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information and Personal Data will, in most instances, be part of the assets transferred. We will require as a term of such transition that the entity acquiring users’ personal information and Personal Data treat such information in accordance with this Privacy Policy.

In some circumstances we may use third party contractors to perform these services on our behalf. In such circumstances, we will only provide the contractor with the information needed to perform the services (for example, name and address if a contractor is delivering a product to you), and all contractors will be required to agree to confidentiality obligations with respect to your personal information.

If you elect to participate in a challenge, through our Challenges App, you will enable the sharing of your Personal Diet Data information and potentially personally identifiable information with the companies that sponsor the challenges as well as with other individual participants in the challenges you elect to participate in. Further, if you elect to participate in contests and surveys that TheCup may co-sponsor with other companies, any information collected is likely to be shared with the other participating companies.

Please bear in mind that TheCup cannot control what your friends, groups, challenge sponsors or participants, or Brands do with the information you share with them, so you should only share with friends, groups, challenge sponsors or participants, and you trust and you should only participate in challenges, contests and surveys that are sponsored by companies you trust and whose privacy policies you have reviewed. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

5. Control of Personal information and Opt-Out Options

TheCup values the accuracy of the information you provide. All users can confirm, change, or update personal information you have provided to us. If you want to opt-out of communications from TheCup, you can do so here. If you change your mind, you can opt-in again here. When you opt-out of promotional communications from us, you may still receive service messages (such as an order confirmation) and legally mandated notices.

6. Security of the Information We Collect

We take commercially reasonable precautions in an effort to protect your information against security breaches. For example, we store personal information and Personal Diet Information in a secure, limited access facility, and we use industry-standard firewalls and security software designed to protect the security and integrity of your personal information and Personal Diet Information. However, this is not a guarantee that your information may not be accessed, disclosed, altered, or destroyed. By using the Websites, Apps and TheCup Services, you acknowledge that you understand and agree to assume these risks.

7. Protection of Children’s Privacy

TheCup is a general challenge and we do not knowingly collect any personal information from children. If you are under 18, you are not permitted to use the Websites or App. Consistent with the Children’s Online Privacy Protection Act (“COPPA”) and the General Data Protection Regulation, the Websites and App are not intended for use by anyone under the age of 18 (COPPA’s minimum protections are for minors 13 years of age or under). TheCup does not knowingly collect personal information from children through this Web Site.

If you are a parent with concerns about children’s privacy issues in conjunction with the use of this Web Site, please contact our Customer Care team. TheCup encourages parents to discuss this Privacy Policy and the dangers of providing Personal Information on-line.

8. Your Rights Regarding Your Personal Data

You have the right to request an accounting of all Personal Information that we have that pertains to you, and to be delivered copies of such information in electronic format (e.g., electronic copies of information attached to an email). We reserve the right to transmit information to you in a manner that complies with all applicable laws.
You have the right to request that we change any Personal Information that pertains to you that is inaccurate.
You have the right to request that we delete some or all Personal Information that pertains to you. We reserve the right to carry out such a request in a manner that complies with all applicable laws, such as laws concerning record retention. Note that fulfilling this request requires us to delete Personal Information in our possession, but that this right does not extend to Personal Information that has already been lawfully shared in accordance with this Policy.
You have the right to request that we cease processing any Personal Information that pertains to you. Note that fulfilling this request requires us to cease processing Personal Information that pertains to you in the future, but does not apply to lawful processing that has already occurred in accordance with this Policy.
You have the right to exercise all the rights afforded by this Policy without fear of retaliation or discrimination. This means that we treat Users who exercise any of the rights under this Policy the same as Users who do not.
To challenge any of the rights explained above, click here. Once we have received notification that you withdraw your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights, and freedoms or for the establishment, exercise or defense of legal claims.

In addition, TheCup or our partners may use analytics technology to track anonymous traffic data about use of the Apps. As noted above, we share non-identifying event level data with our analytics partners Amplitude and Singular – as well as both non-identifying event level data and email addresses with our analytics partner Braze – to help us learn about and improve use of the Apps. Such partners have the right to retain and use the anonymous traffic data collected through the analytics service from users of the Websites or the Apps. We work to ensure these third parties provide privacy protections equal to those required under this Privacy Policy and Apple’s Developer Guidelines.

Interest-Based Advertising

When you use our Apps, third parties may collect data about your mobile device in order to serve ads on other apps or websites that are tailored to your interest. This practice is known as ‘interest-based advertising.’ Examples of data that may be collected include: IP addresses, identifiers associated with your mobile device (also called ‘Advertising Identifiers’), or any ads that you click while using our Apps. If you wish to opt out, please click here for instructions. We are providing you with this information and ability to control these settings in accordance with our commitment to the Digital Advertising Alliance’s Self Regulatory Principles.

Links to Other Websites

Our Apps and TheCup Services may contain links to other websites or enable you to share data with third party products and services. Please be aware that we are not responsible for the privacy practices of these other sites or of other third party products and services, and we encourage you to review the policies of each site you use and each third party product or service you elect to share your information with, or integrate your account with. We cannot control the actions of such third parties or be held responsible for their use of any information that you provide directly to them. Information you elect to share with third parties, which may include such things as location data or contact details, is governed by their privacy practices and you should review the privacy practices and policies of those third parties.

Legal Bases for Processing Your Information

We rely on the following legal grounds to process your personal information:

Performance of a contract – If you choose to make a purchase through the Websites, Apps or TheCup Services, we need to collect and use your personal information to perform our agreement with you.

Consent – We may use or disclose some of your personal information as described in this Privacy Policy subject to your consent.

Legitimate interests – We may use your personal information for our legitimate interests to improve our products and services. Consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable laws, we may use technical information as described in this Privacy Policy and use personal information for our marketing purposes.

Transfer and Processing of Data For users within Singapore, we process data in data centers located in Singapore. We have adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of user data in our possession. We comply with state and federal laws governing the protection of personal information.

We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. In some circumstances, we may anonymize your personal information so that it can no longer be associated with you, in which case it is no longer personal information.

It is our policy to retain personal information for 6 months once such personal information is no longer necessary to deliver the Website and Apps and to delete such personal information thereafter. This means that, if you close your account with us, we will delete personal information associated with your account after 6 months. Regarding other types of information we collect as described in this policy, it is our policy to retain such personal information for 6 months and to delete such personal information thereafter.

Community Serive Privacy Policy

1. Purpose

These terms and conditions are for the purpose of stipulating the rights, obligations and responsibilities of applications and users in using Internet-related services (hereinafter referred to as “services”) provided by applications (hereinafter referred to as “apps”) operated by The Cup. to do.

2. Justice

“App” refers to a virtual business place where TheCup uses information and communication facilities such as computers to provide goods or services (hereinafter referred to as “goods, etc.”) to users. .
A “resident member” refers to a person who has the right to access the “app” and receive the services provided by the “app” in accordance with these terms and conditions.
‘Member’ refers to a person who has registered as a member in the “app” and can continuously use the services provided by the “app”.

3. Clarification, explanation and revision of terms and conditions

The “app” posts the contents of these terms and conditions and the person in charge of personal information management on the Spark Plus app so that users can easily know. However, the contents of the terms and conditions can be viewed by the user through the connection screen.
The “app” must obtain the user's confirmation by providing a separate connection screen or pop-up screen so that the user can understand the contents before agreeing to the terms and conditions.
“App” refers to 「Act on Consumer Protection in E- Commerce, Etc.」, 「Act on Regulation of Terms and Conditions」, 「Framework Act on E- Documents and Electronic Transactions」, 「E- Financial Transactions Act」, 「E- Signature Act」, 「Information and Communications Network Utilization Promotion and the Act on Information Protection, etc. ”, “Act on Door-to-door Sales, etc.”, and “Basic Consumer Act”, etc.
When the “App” revises the terms and conditions, the date of application and the reason for the revision shall be specified and notified along with the current terms and conditions on the initial screen of the app from 7 days prior to the effective date to the day before the effective date. However, if the contents of the terms and conditions are changed unfavorably to the user, it will be notified with a grace period of at least 30 days in advance. In this case, the "App" clearly compares the contents before and after the revision and displays them in an easy-to-understand manner for users.
If a member does not agree to the notice of changes to the terms and conditions, the member may request to withdraw consent to the terms at any time. If you withdraw your agreement to the terms and conditions, your use of the service may be restricted.

4. Suspension of Service

The “app” may temporarily suspend the provision of services in the event of maintenance, replacement and breakdown of information and communication facilities such as computers, or interruption of communication.

5.Membership

Users can sign up as a member only if they have received an email invitation sent by Sparkplus. The user who has the right to access the “app” through an email invitation indicates that he or she agrees to the terms and conditions, and applies for membership.

6. Membership withdrawal and loss of qualifications

A member may request withdrawal from the “app” at any time, and the “app” handles membership withdrawal in accordance with the standards specified in the privacy policy.
If a member falls under any of the following reasons, the “app” may limit and suspend membership.
- In case the member does not pay the debt borne by the member in relation to the use of the “app” or the price of goods purchased using the “app”
- In case of threatening the order of e-commerce, such as interfering with other people's use of the "app" or stealing the information
- In the case of using the “app” to conduct an act prohibited by laws or these terms and conditions or contrary to public order and morals
- In case it is judged that the operation of the service is disrupted
After the “app” restricts (suspends) membership, if the same action is repeated twice or more or the cause is not corrected within 30 days, the “app” may lose membership.
If you lose your membership in the “App”, your membership registration will be canceled after a 30-day grace period. Calls can be made during the grace period.

7. Notice to Members

In the case of notification to the member, it can be done through the e-mail account, personal contact, push message, etc. specified by the member in advance with the “app”.
In the case of notifications to unspecified members, the “App” may substitute for individual notifications by posting within the “App” for more than one week. However, individual notices are given for matters that have a significant impact on the member's own transaction.

If the “App” needs to provide buyer personal information to a third party, it must provide the following information in an easy-to-understand manner and obtain consent.
Persons to whom personal information is provided
Purpose of use of personal information by the person receiving personal information
Items of personal information to be provided
Period of retention and use of personal information by the person receiving personal information

(The same applies even if the matters for which consent has been obtained are changed.)

If the “App” entrusts a third party to handle the purchaser’s personal information, the user must be informed of the following and obtain consent.
Persons entrusted with handling personal information
Contents of work entrusted with handling of personal information

(The same shall apply if the matters for which consent has been obtained are changed.) However, if it is necessary for the implementation of the contract for service provision and is related to the enhancement of the convenience of the purchaser, the method prescribed in the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」 By notifying us through the privacy policy, you do not have to go through the notification and consent procedures.

9.Privacy

"App" collects the minimum amount of personal information to the extent necessary to provide services when collecting users' personal information.
When the “app” additionally collects (uses) the user’s personal information, the “app” notifies the user of the purpose and obtains consent.
The “app” cannot use the collected personal information for any purpose other than the purpose, and in the event of a new purpose of use or provision to a third party, the purpose of use is notified to the user at the stage of use and provision and consent is obtained. Exceptions are made in cases where the relevant laws and regulations stipulate otherwise.
Users can request to view and correct errors in their personal information possessed by the “App” at any time, and the “App” is obliged to take necessary measures without delay. If the user requests the correction of an error, the "app" will not use the personal information until the error is corrected.
"App" shall limit the persons handling the user's personal information to a minimum for the protection of personal information, and the standard shall be within the scope of providing the service to the user.
The “app” does not set the consent box for the collection, use and provision of personal information to be selected in advance. In addition, the service that is restricted when the user refuses to consent to the collection, use and provision of personal information is specified in detail and is not a mandatory collection item. We do not restrict or reject the provision of services such as membership registration on the grounds of refusal of the user's consent regarding the collection, use and provision of personal information.

10. Obligations of “App”

The “app” shall not engage in acts prohibited by laws and these terms and conditions or contrary to public order and morals, and shall do its best to provide goods and services continuously and stably as stipulated in these terms and conditions.
"App" must have a security system to protect users' personal information (including credit information) so that users can safely use Internet services.

11. Member's Responsibilities for ID and Password

Members are responsible for managing IDs and passwords other than those specified in the personal information handling policy.
Members must not let a third party use their ID and password.
If a member recognizes that his/her ID and password are stolen or used by a third party, the member shall immediately notify the “app” and follow the instructions of the “app”.

12. Inappropriate Contents Policy

Members in The Cup, are not allowed to upload objectionable contents.

If a member uploads the contents that against our policy, users can 'report' the objectionable contents.
There is the function to mark or delete inappropriate contents or offensive users
User who engaged in violent behavior might be blocked by other users.
If reports are alarmed to administrators, they can check it immediately and take action.
If a member has acuumulated of reports, it is automatically blocked from 'App'

13. (Obligations of users) Users must not engage in the following acts.

Registration of false information when applying or changing
Steal of other people's information
Transmission or posting of information (computer program, etc.) other than the information specified by the “app”
Infringement of intellectual property rights such as copyrights of “apps” and other third parties
Acts that damage the reputation of the “App” or other third parties or interfere with their work
Direct or indirect reverse engineering, decompilation, disassembly, and access to source code and basic structures and algorithms associated with services for the “App”
Disclosure or posting of obscene or violent messages, images, voices, and other information that goes against public order and morals in the app

14. Attribution of copyright and restrictions on use

Copyrights and other intellectual property rights for works created by the “App” belong to the “App”
Among the information obtained by using the "App", the user uses the information belonging to the "App" for commercial purposes by copying, transmitting, publishing, distributing, broadcasting or other methods without the prior consent of the "App" or using a third party should not be used by others.
"App" must notify the user when using the copyright belonging to the user according to the agreement.

DO NOT TRACK DISCLOSURE

TheCup does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may be able to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.
Third parties that have content embedded on the Websites or App such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited the Websites from a certain IP address. Third parties cannot collect any other personally identifiable information from the Websites unless you provide it to them directly.

Contact Information

We welcome your input on our privacy statement. If you have any questions or suggestions regarding our privacy statement, please contact TheCup Customer Care.