PRIVACY POLICY

Last modified: 27 April 2021


INTRODUCTION


This Privacy Policy informs you of your choices and how Beijing Calorie Technology Co., Ltd, an affiliate of Keep Inc. (also referred to as “Keep”, “we” or “us”) make use of any information you provide to us. It is a big responsibility to try our best to protect your information and put you in control.


We may from time to time revise or add specific instructions, policies, and terms to this Privacy Policy. Whenever we make any changes to this Privacy Policy that are important for you to know about, we will notify you via our mobile application (“Keep App”) or other means before the changes become effective. Your affirmative action to accept the updated Privacy Policy means that you agree with the changes to this Privacy Policy and would like to continue to use our products and services.


Please read this Privacy Policy carefully. If you do not agree with any part of this Privacy Policy, please do not access or use any of the products and services.


If you have any question about this policy, please send email to: oversea-feedback@keep.com.



COLLECTION OF INFORMATION


Why We Collect Information From You

 Keep collects and uses your personal information for the following reasons:


For example, we collect the information to provide you a better service:


Provide our services. We need your age, height and weight to calculate your consumption of calorie when you complete each training class.


Maintain and improve our services. We use your information to ensure our services are working as intended, such as troubleshooting issues reported from you.


Develop new services. We value every training information you uploaded as it is crucial for us to better understand which training class is more helpful to you. With adequate data support, we will create and update more popular training classes for you to take.


Personalized service. We use the information we collect to customize our services for you. For example, we may provide you with advanced training classes with your updated weight and body measurement in aims to help you achieve your training goals smoothly. However, we don’t show you personalized ads based on sensitive categories, such as race, religion, sexual orientation, or health.


What Information We Collect From You

We collect information from you when you use Keep App – for example, when you:

The following sets out how we collect such information from you as you use Keep App. The remainder of this Privacy Policy sets out further information regarding some of these categories.


Registration and Account Information.  You must register for a Keep account in order to use Keep. To register, you need to provide certain personal information, such as your name, mobile phone number, password, exercise goal and status.


Social Connect.  When you choose to connect your third party social media account to your Keep account, we may collect certain information including where applicable, your user name, email address, phone number, language preference, profile photo from your account with that social media platform – for example, to facilitate your login to Keep App with that account.


Using Keep App.  We collect information from and about you through your use of Keep App. For example, we may collect personal information with Keep via the following:


Purchases via Keep (if applicable).  When you make purchases through Keep, you may need to provide certain personal information to complete the purchase, such as your credit card information, bank account information. Where the payment is processed by a third-party payment service provider, we do not collect or store such personal information, though we may receive summary information about the transactions. Where we or our affiliate companies process your payments as a payment service provider, or where we fulfill any purchases you have made on Keep, we may collect, use and store your personal information in order to fulfill such purchases.


Location Data, Log Data and your device.  Keep automatically collects Log Data from your device to enable and assist Keep’s functionalities. In addition, you may also permit Keep to access other content and data on your device – for example, your photo storage.


Contact Information.  We will upload your contacts information to our server to match candidates, if you permit Keep to sync contacts and connect with your friends on Keep. We will not share your personal contacts with others or use it for other purposes.


Cookies.  Our site uses cookies or similar technologies. Please check our  Cookie Notice for further details.


Where we collect personal information to administer our contract with you or to comply with our legal obligations, the information collection is mandatory and we will not be able to provide you with the requested services without this information. In all other cases, provision of the requested personal information is optional, but it may affect your ability to use certain services or to participate in certain programs or systems, where the information is needed for those purposes.



SHARING INFORMATION


Other than consented by you, we commit that we will not sell your personal information to any other third parties for their processing for any purposes. We will ask for your explicit consent to share any sensitive personal information such as race, religion, sexual orientation, or health.


Depending on where you are, we may share your personal data with our affiliates so that we can response to your request, provide our services or for our wider business purposes. You can obtain the identity and contact details on our affiliates with who we share your personal data by contacting us using the details set out below in the “CONTACT US” section.


We will not disclose or transfer your personal information to any non-affiliated third parties, unless:


Sharing What You Choose

You may choose to share certain information. In order to participate in certain features, you may have to adjust your Privacy settings and share more information. You may also choose to share your activity on other platforms, such as Facebook, Twitter or Instagram. Please read the privacy policies of those platforms, as your activity published on those platforms will no longer be governed by this Privacy Policy.


Legal Reasons

We will share personal information if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to a) meet any applicable law, regulation, legal process, or enforceable governmental request, or b) detect, prevent, or otherwise address fraud, security, or technical issues, or c) protect against harm to the rights, property or safety of Keep, our users, or the public as required or permitted by law.


External Processing

To provide you with a better experience through improving our products, services, content, and advertising or otherwise where you have consented, we may share the personal information with our affiliate companies, joint venture partners and third-party service providers (in particular, site hosting, backend service provider, analytics service providers), contractors and agents, and use it consistent with this Privacy Policy.


For example, we may send and receive data to and from Apple HealthKit to collaborate training consumption calculation on your iOS system with your authorization. During the register process, we read data from Apple HealthKit to simplify the age and weight input process; in the meantime, your training data will be sync back to Apple HealthKit. We will never share with or sell the information gained through the use of Apple HealthKit, such as age, weight and heart rate data, to advertisers or other agencies without your authorization. We will also never use the information for marketing, advertising or similar services.


Business Transfers

If Keep is involved in a merger, acquisition, or sales of assets, we will continue to ensure the confidentiality of your personal information and give affected users notice personal information is transferred or become subject to a different Privacy Policy in advance.



MANAGING, REVIEWING, OR UPDATING YOUR INFORMATION


When using our products and services, you can always manage, review and update information in your account, for instance, you can manage your personal information at any time, such as your Keep ID and photo. In the meanwhile, you are responsible for the truthfulness, legality, validity and completeness of the information you provide, and update and maintain your personal information in a timely manner to ensure the truthfulness, and validity of the information.



EXPORTING, REMOVING, OR DELETING YOUR INFORMATION


You can export a copy of the content in your Keep Account if you want to back it up or use it with a service outside of Keep by sending your request to oversea-feedback@keep.com. We will help you export the information based on applicable law and your specific request. You can also remove or delete specific contents from your account or delete your Keep account entirely. If there is any content you cannot remove or delete, please reach us via

oversea-feedback@keep.com. In some cases, we retain data for limited periods when it needs to be kept for legitimate business or legal purposes or to be protected from accidental or malicious deletion, there may be delays between when you delete something and when copies are deleted from our active and backup systems.



PROTECTING INFORMATION


Security Measures

We use a variety of security measures, including encryption and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information (if applicable) you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted within our databases.


No Guarantee

However, like other companies, we cannot guarantee 100% the security or confidentiality of the information you provide to us.


Data Transfers

We maintain servers around the world and your information may be processed on servers located outside of the country where you live. Regardless of where your information is processed, we apply the same protections described in this policy. We will also keep this Privacy Policy in compliance with significant legal frameworks relating to the transfer of data. If we receive your complaints about data transfers, we will cooperate with appropriate regulatory authorities when we cannot directly resolve it. Using our services and submitting your personal data signify that you consent to the transfer, storage and processing of your personal data in the People’s Republic of China or other places where appropriate.


For transfers of personal data from EEA/UK to a third country, please refer to our  EEA/UK SPECIFIC TERMS below.



CHILDREN’S POLICY


We do not knowingly collect or solicit personal information from children under 16. If you are a minor, you can use the service only in conjunction with your parents or guardians. If we are aware that a child under 16 has provided us with personal identifiable information, we will delete such information from our files. We use your email address and, in rare situations your mailing address or phone number, to contact you regarding administrative notices from time to time.



THIRD-PARTY SERVICE PROVIDERS


To better enrich your experience, there may be products or services provided by third parties. You can choose whether to access such content or links, or whether to use the third party’s products or services. However, we do not have control over the products or services provided by third parties. We cannot control any of your personal information held by third parties. The information protection issues in connection with your use of any third-party products or services are not governed by this policy. This policy does not apply to any information you choose to provide to third parties.



APPLICATION


This Privacy Policy applies to all of the services provided by Beijing Calorie Technology Co., Ltd in connection with Keep Apps . This Privacy Policy does not apply to products and services that have separate privacy policies that do not incorporate this Privacy Policy. For example, this Privacy Policy does not apply to a) the information of other companies and organizations (including Keep Inc. and its affiliates that advertise our services, or b) services offered by other companies or organizations (including Keep Inc. and its affiliates) with our services to be displayed or linked.



YOUR RIGHTS RELATING TO YOUR PERSONAL DATA


You are entitled to the following rights:

  1. right of access to your personal data;
  2. right to data portability (i.e., you have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller);
  3. right to correction if your personal data is not complete or accurate;
  4. right to deletion or restriction of your personal data, as permitted by law;
  5. right to object (i.e., objecting to our processing of your personal data) (e.g., in case we process your data for direct marketing purposes), as permitted by law.

Where we have asked for your consent, you may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your personal data based on the consent you provided before you withdrew it.


These rights are not absolute, they  may be limited in some situations.For example, where we can demonstrate that we have a legal requirement to process your data or if making the information available to you would reveal personal data about another person or if we are legally prevented from disclosing such information. In some instances, this may mean that we are able to retain data even if you withdraw your consent.


We hope that we can satisfy any queries you may have about the way we process your data. In the event you still have unresolved concerns, you also have the right to lodge a complaint with a supervisory authority, in particular to the data protection authority in the country of your habitual residence or place of work.


Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, please refer to  CALIFORNIA SPECIFIC TERMS: PRIVACY DISCLOSURES below.



MARKETING


If we are legally required to do so, we will seek your prior consent before providing you with promotional materials or information. You may withdraw your consent at any time (this will not affect the processing of your Personal Data undertaken until the withdrawal). If you want to stop receiving promotional materials, etc., you can do so at any time by communicating with us.



DATA RETENTION


We will retain your personal data for as long as is necessary to carry out the purposes set out herein. Generally speaking, this means that we will keep your personal data for as long as you maintain an account. We will also retain your personal data deemed necessary to comply with legal obligations, settle disputes, and enforce agreements.


We will store data about your visit and use of the Keep Apps and for the secure provision and use of the Keep Apps for 12 months following your last visit to our App.

Where applicable, we will delete your personal data upon your request.


If you wish to obtain further information about the retention periods as applied to your personal information, you may contact us at oversea-feedback@keep.com.



CONTACT US

 

The data controller for your personal data will be Beijing Calorie Technology Co., Ltd. If you have questions about this privacy notice or wish to contact us for any reason in relation to our personal data processing, please contact us at

oversea-feedback@keep.com or by writing to Zone D, Wangjing Wanke Time Square Wangjing Street, No. 9, Chaoyang District, Beijing.


EEA/UK SPECIFIC TERMS


In addition to ourPrivacy Policy presented above, the following terms will apply to the processing of personal data of data subjects in the European Economic Area (“EEA”) or the UK.


1.LEGAL BASIS OF GDPR FOR PROCESSING YOUR PERSONAL DATA

We process this personal data for the following purposes:






2. TRANSFER OF PERSONAL DATA OUTSIDE OF THE EEA/UK

In situations where we transfer your personal data to countries outside of the EEA or the UK to an organisation in a country which is not subject to an adequacy decision by the EU Commission or considered adequate as determined by applicable data protection laws, we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the applicable laws by using the European Commission approved Standard Contractual Clauses, a vendor's Processor Binding Corporate Rules or by relying on such other data transfer mechanisms as available under applicable data protection laws, and where necessary, by implementing further (organisational/contractual/technical) supplement measures in order to ensure the effectiveness of the transfer mechanisms.


Where we transfer your personal data from EEA to other entities of the Keep Group in China, we use the European Commission approved Standard Contractual Clauses. A copy of the relevant mechanism can be obtained for your review on request by contacting oversea-feedback@keep.com.


CALIFORNIA SPECIFIC TERMS: PRIVACY DISCLOSURES


If you are a California resident, the following additional privacy disclosures under the California Consumer Privacy Act of 2018 (“CCPA”) and other California laws may be applicable to you and allow you to exercise your rights regarding your personal information.


1. INTRODUCTION

If the CCPA is applicable, you have the right to know and understand how we collect, use, disclose, and share your personal information, to access your information, to request that we delete specific information, to exercise your rights to opt-out, and also not be discriminated against when exercising your privacy rights granted under the CCPA.


2. CATEGORIES OF INFORMATION WE MAY COLLECT

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly, or indirectly, with a particular consumer, household, or device (“personal information”). We may have collected the following categories of personal information from users within the last twelve (12) months:


  1. Identifiers: real name, alias or pseudonym, postal address, unique personal identifier, online identifier, IP address, email address, account username, or other similar identifiers.
  2. Personal information categories listed in the California Customer Records statute, such as physical characteristics or description, address, cell phone number, and other personal information details that may overlap with other categories.
  3. Demographic classification and information which may be protected by law, such as your gender, age, date of birth, health information, and physical characteristics (height and weight).
  4. Commercial information, including your purchasing records, and browsing history.
  5. Biometric information, such as your exercise, activity, sleep, or health data, including the number of steps you take, distance travelled, calories burned, weight, heart rate, sleep stages, active minutes, and any similar information.
  6. Internet or other electronic network activity information, such as language settings and the usage data we receive when you access or use our services. This includes information about your interactions within the Keep App, and about the devices and computers you use to access the Keep App, as well as browsing history, and advertisement interactions.
  7. Geolocation data, including GPS signals, device sensors, Wi-Fi access points, locational data via cell towers.
  8. Electronic, visual, or similar information, such as your profile photo that you may have uploaded.
  9. Professional or employment related information, if it was provided voluntarily by user on the profile.
  10. Other information that you may have voluntarily provided, including information on your account, such as your biography, education background, hobbies and interests, and other personal details.
  11. Inferences that can be drawn from any of the above categories, including a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.


We obtain the categories of personal information listed above from the following categories of sources:


Personal information does not include:

To better understand how we collect your information, please review the general terms of the Privacy Policy.


3. PERSONAL INFORMATION WE MAY USE OR DISCLOSE

We may use, disclose, or sell (if authorized) the personal information we collect for one or more of the following business purposes:

To better understand how we use and disclose your information, please review the general terms of the Privacy Policy presented above.


4. PERSONAL INFORMATION THAT WE MAY SHARE

We may share your personal information by disclosing it to third parties for business purposes. We only make these business purpose disclosures under written contracts that describe the specific business purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the obligations under the contract.


As stated in the general terms of the Privacy Policy, we do not sell your personal information unless we obtain your consent. We do not knowingly collect personal information from individuals under age 16; and therefore, our personal information sales do not include information about individuals we know are under age 16.


In the preceding twelve (12) months, Keep has shared (and sold with your consent, if applicable) the following categories of personal information to the following categories of third parties:


Personal Information Category

Category of Third-Party Recipients


Business Purpose Disclosures

Sales

A: Identifiers.

Fitness applications such as Apple HealthKit, and Google Fit

Facebook, Twitter, and other advertising networks

Social platforms

App platforms such as Apple Store and Android Play Store

Data analytics providers

Backend service providers

N/A

    

B: California Customer Records personal information categories.

Fitness applications such as Apple HealthKit, and Google Fit

Facebook, Twitter, and other advertising networks

Social platforms

App platforms such as Apple Store and Android Play Store

Backend service providers

N/A

C: Protected classification characteristics under California or federal law.

Fitness applications such as Apple HealthKit, and Google Fit

Backend service providers

N/A

D: Commercial information.

App platforms such as Apple Store and Android Play Store

Backend service providers

N/A

E: Biometric information.

Fitness applications such as Apple HealthKit, and Google Fit

Backend service providers

N/A

F: Internet or other similar network activity.

Fitness applications such as Apple HealthKit, and Google Fit

Facebook, Twitter, and other advertising networks

Social platforms

Data analytics providers

Backend service providers

N/A


G: Geolocation data.

Backend service providers

N/A

H: Sensory data.

Backend service providers

N/A

I: Professional or employment-related information (if voluntarily provided).

Backend service providers

N/A

J: Non-public education information (if voluntarily provided)

Backend service providers

N/A

K: Inferences drawn from other personal information.

Backend service providers

Data analytics providers

N/A


5. YOUR RIGHTS AND CHOICES

Right to Know and Data Portability

The CCPA provides California residents specific rights to know about our collection and use of their personal information over the past twelve (12) months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:


Right to Delete

The CCPA provides California residents specific rights to delete their personal information that we collected from them and retained, subject to certain exceptions (the “right to delete”). We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.


How to Exercise the Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete. However, we may consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.


Response Timing and Format regarding Requests to Know or Delete

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us via email oversea-feedback@keep.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we may deliver our written response to that account. If you do not have an account with us, we may deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.


Personal Information Sales Opt-Out Rights

Under the CCPA, consumers have the right to direct us to not sell their personal information at any time (the "right to opt-out"). As stated in the general terms of our Privacy Policy, we do not sell your personal information of consumers unless we obtain consent for the sale. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise your right to opt-out provided under CCPA, you (or your authorized representative) may submit a request to us by visiting the following:

DO NOT SELL MY PERSONAL INFORMATION

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.


Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.


Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our products and services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email tooversea-feedback@keep.com.

 

We do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal identifiable information about an individual consumer's online activities over time and across third-party websites or online services.


When you use our products and services, certain third parties may use automatic information collection technologies to collect information about you or your device. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.


If you are a user under the age of 18, you can send a request to remove any content or information you posted on our platforms for the products or services via email to oversea-feedback@keep.com. Please notice that the removal does not ensure complete or comprehensive removal of your posted content or information.


6. CHANGES TO OUR PRIVACY POLICY

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on our website and the Keep App, and update the notice’s effective date. Your continued use of our products and services following the posting of changes constitutes your acceptance of such changes.