Privacy Policy

Effective Date: May 12, 2024

IMPORTANT NOTICE

At Abiliquest, based in France, our mission is to help users manage their health journey by tracking medical, fitness, and wellness data. This policy explains how we collect, use, and process the personal data you provide through our website and mobile applications (collectively referred to as “Services”).

By using our Services, you consent to the collection and processing of your personal data under the GDPR framework. Our data collection and processing are in accordance with French and EU data protection laws. If you reside outside the EU, your data may be transferred to and processed in regions where data protection laws may differ.

Note to EU Residents: Abiliquest adheres to the GDPR and provides the legal basis for processing your personal data, including access, rectification, deletion, and data portability rights.

Thank you for choosing Abiliquest! This Privacy Policy explains how Abiliquest ("we," "us," or "our") collects, uses, discloses, and protects your personal information when you use our mobile application ("Abiliquest App") available worldwide. As a provider of personal health assistant services, we are committed to safeguarding your privacy and ensuring the security of your personal data. Please read this Privacy Policy carefully to understand our practices and how your personal information will be treated.

Information About Your Personal Data

This Privacy Policy outlines how we handle your personal data, including information like your name, email address, phone number, device identifiers, and health-related data (e.g., medical history, wellness tracking). We collect, use, and process your data to operate and improve our Services, deliver personalized health insights, and for marketing purposes.

You retain control over your data and may request modifications, deletions, or opt out of marketing communications. For non-personal data, we may anonymize information for research purposes, which falls outside the scope of this Privacy Policy.

How We Collect and Use Personal Data

1. Account Registration and Interaction:

When you register for an Abiliquest account or interact with our services, we collect personal data such as your name, email, password, date of birth, and payment information. This helps us provide access to our services, including premium features.

2. Health and Wellness Data:

We collect data like medical history, fitness activity, lifestyle habits (e.g., sleep), and biometric data. This information enables us to tailor our health insights, services, and product recommendations to your needs.

3. Connected Devices:

When using wearables or connected devices (e.g., heart rate monitors), we gather data like activity levels, device information, and physiological metrics, enhancing your personalized health experience.

Note on Apple HealthKit and Google Health Connect: You may choose to integrate your HealthKit or Health Connect data with Abiliquest. This data remains governed by Apple's and Google's privacy policies and is not used for marketing purposes or shared with third parties for advertising.

4. When you communicate with us or sign up for promotional materials:

We collect Personal Data when you contact us or subscribe to receive updates, promotions, or information via email or push notifications. If you consent, we may use your data to inform you about the Abiliquest Services you use, send personalized offers, notify you about features, and share promotions like challenges or contests. You can manage your communication preferences in your account settings.

Regardless of settings, we may still send essential communications, such as policy updates. Your data may also be used to address support requests or technical issues related to your account.

5. When you participate in special activities, offers, or programs:

We may collect Personal Data, including Health and Wellness Data, when you take part in promotions, surveys, or research activities. This may include your name, contact details, and age, as well as other relevant information. If you win a promotion, additional details like tax information may be required. Surveys or promotions may be run by Abiliquest or partnered with third parties, and your data may be shared accordingly. Any activity with differing privacy policies will clearly specify them.

6. When you engage with our online communities or advertising:

We collect Personal Data when you interact with Abiliquest’s online communities, such as engaging with ads, social media, or community forums. Please remember that these forums are public, and any information you share may be visible to others. We advise exercising caution regarding what personal details you disclose.

7. When you access third-party products and services:

Abiliquest may allow access to third-party services through our platform. We will collect and share relevant Personal Data with these third parties as necessary and will inform you how your data is used.

8. When you connect with us through social media:

You may choose to log into Abiliquest through social media platforms like Facebook. When you do so, we may collect Personal Data from your social media profile, such as your email, profile picture, or friend list. This data helps enhance and personalize your experience by connecting you with friends on the platform. If you wish to limit the data shared, you can adjust your privacy settings on the respective social network.

9. When we collect data from third parties or publicly available sources:

We may gather data from third parties to improve our services and provide personalized offers. This data may be combined with information collected via our Services to enhance your overall experience and improve service quality.

10. When we leverage cookies, device IDs, and other tracking technologies:

Abiliquest may use cookies, device IDs, IP addresses, geolocation, and other tracking technologies to personalize your experience, analyze performance, and for advertising. You can control or opt-out of certain data collection through our cookie settings.

11. When we aggregate or centralize data:

We aggregate and centralize personal and health data for analysis, innovation, and service improvement to better serve our users.

12. When you share content or invite friends:

With your permission, we may access your contacts to allow you to share achievements or invite others to join the platform.

13. When we provide geographically relevant Services, offers, or advertising:

We may use general location data to provide geographically relevant services, advertisements, or offers based on your location.

14. When you ask us to customize our Services:

Photos, videos, or other data you provide help us tailor our services specifically to your preferences and health goals.

15. When we comply with legal requirements or obligations, law enforcement, and for public safety purposes:

We may use your Personal Data to comply with legal obligations, assist in investigations, or enforce our rights. This includes protecting public safety and enforcing our terms or agreements as necessary.

How We Disclose Personal Data

We may disclose your Personal Data for the purposes outlined in this Privacy Policy in the following ways:

1. Operation and Improvement of Services:

We may share Personal Data internally across departments to improve and personalize the Abiliquest Services and user experience, including for marketing and advertising purposes.

2. To Service Providers and Vendors:

We may use your email address or other contact information to send you important notifications, updates, and information relevant to the Abiliquest App. This includes new feature announcements, service improvements, and security alerts. You can manage your communication preferences within the app settings.

Notice for Apple Users

For iOS users, Abiliquest shares data with third parties in compliance with Apple’s developer guidelines and ensures third-party privacy protections are equivalent to those outlined in this Privacy Policy.

3. To Social Network Providers:

We may share data with social media platforms when using widgets or plug-ins integrated into our Services.

4. To Other Abiliquest Users:

Certain features, such as social sharing or forums, may involve disclosing data to other Abiliquest users. Public posts, including those on forums, may be accessible to the general public.

5. For Advertising and Marketing:

Personal Data may be shared with advertising and marketing partners for both Abiliquest and third-party advertisements.

6. For Analytics and Service Improvement:

Data is shared with analytics providers to help us improve and optimize the Services.

7. For Interest-Based Advertising:

We share data with companies engaged in interest-based advertising, providing personalized ads across different platforms.

8. For Legal Compliance and Public Safety:

We disclose data to government bodies, law enforcement, or other authorized parties when legally required or for the purpose of public safety and crime prevention.

9. In the Event of a Sale or Reorganization

We may share data with prospective or actual buyers, investors, or entities involved in mergers or reorganizations under assurances of proper data protection practices.

Residents of the European Economic Area (EEA)

Disclosure is restricted to cases that comply with applicable European and national data protection regulations.

Legal Basis for Processing Personal Data

For users residing outside of Europe (e.g., the United States or other non-EU countries), we generally process your data based on your consent provided when you agree to our Privacy Policy. This occurs through website links or mobile apps.

For European Union residents (including the European Economic Area), Abiliquest operates under the General Data Protection Regulation (GDPR). This means we process your data under several legal bases, which may vary based on your interaction with our Services. Here’s how we process your data depending on the situation:

1. For the Performance of a Contract:

We process your Personal Data to fulfill our contractual obligations with you, such as when you create an Abiliquest account, make purchases (including premium features), or engage with our services. This includes processing data for account registration, processing payments, interacting with connected devices, location-based services, social features (like sharing content with friends), and providing personalized experiences.

2. To Comply with Legal Obligations:

We may process your Personal Data when necessary to comply with legal obligations, such as laws, regulations, court orders, or other legal requirements. This also includes assisting in investigations or preventing illegal activity.

3. For Legitimate Interests:

We process Personal Data for our legitimate business interests, including improving the functionality of our Services, communicating with you about important updates, marketing, and responding to technical support requests. These interests may also include:

• Communication: Sending essential updates about changes to our terms or services. Even if you have opted out of promotional emails, we may still send critical service-related communications.
• Responding to Requests: Using your data to respond to your queries, such as technical support or product information.
• Promotional Messages: We process your non-sensitive Personal Data to send promotional messages, participate in offers, and provide geographically relevant services or advertising.
• Surveys: Sending non-commercial surveys regarding our services unless you've opted into marketing.
• Fraud and Safety: Assisting in investigations related to fraud, illegal activity, or public safety.
• Service Improvement: Developing, testing, and improving our services through the collection and analysis of Personal Data.
• Enforcement: Enforcing our terms, privacy policy, or agreements with third parties.
• Mergers and Acquisitions: In case of business reorganization or sale, data may be processed to support due diligence and ensure sufficient privacy safeguards.

4. Consent:

In certain cases, we may request your explicit consent to process specific data, particularly for promotional communications or sharing Personal Data with third-party partners for purposes like personalized advertising. You have the right to withdraw consent at any time by managing your preferences in your account settings.

Consent as a Basis for Processing

In some instances, we will seek your consent to process your Personal Data. You may provide consent by ticking a box or taking an equivalent action when (i) providing Personal Data through our Services or forms, or (ii) registering an account. Consent requirements may vary based on regional laws. We may request your consent in the following situations:

1. Abiliquest Marketing and Communication:

Consent may be sought to send you emails or push notifications about offers, promotions, or services that might interest you.

2. Sharing with Third-Party Services:

We may request consent to share your Personal Data with third-party partners to offer specific goods or services. You can withdraw consent by managing preferences in the specific third-party app or service.

3. Third-Party Marketing:

We may ask for your consent to allow third-party partners to contact you about their products, services, or promotions. This is usually associated with a sweepstakes or challenge. Consent for marketing is not required to participate, and you can withdraw consent at any time.

4. Collecting Mobile Device IDs, Advertising IDs, and Data from Sensors:

When using the Abiliquest mobile app, we may request consent to collect device identifiers and sensor data. If you choose not to share this data, certain features may not function properly.

5. Processing Sensitive Personal Data:

We may request your consent to process sensitive Personal Data, including health and wellness data, which is necessary to provide certain Services. Opting out may limit functionality.

6. Research:

Consent may be requested to use your Personal Data for research purposes. Additionally, we may contact you to invite participation in research initiatives. Your consent will determine how your data is used and shared with business partners.

7. Advertising:

Consent may be sought for the collection of data such as cookies, device IDs, location data, and sensor data to serve interest-based advertising. Consent preferences can be managed in your device or browser settings.

8. Transfer of Data:

If your data is transferred to countries outside the European Union (including the U.S.), we may request your consent, though other legal bases for transfer may apply.

9. Automated Processing:

We may use automated processing to deliver certain services, such as making recommendations. Where automated processing involves sensitive Personal Data or is significant, we will seek your consent before using or sharing such data.

10. Social Sharing and Connecting with Social Media:

We may request consent to enable social sharing within Abiliquest’s platform and when you connect with us through social media platforms.

11. Promotions:

For events like sweepstakes, we may ask for your consent to use your Personal Data and wellness data to administer the promotion, verify identity, and communicate regarding the event.

Mobile Device Advertising IDs, Location, Sensor Data, and In-Range Device Data Use

Device IDs:

We collect and transmit identifiers such as IMEI, Android ID, Apple IDFA, MAC addresses, and serial numbers, depending on your device and operating system version.

Location Data:

Our Services may collect general location data from GPS, WiFi access points, and cell towers.

Sensor and In-Range Device Data:

We may collect IP addresses, MAC addresses, and other identifiers from devices in your vicinity.

How We Use Mobile Device Data:

We use this data for core functionality, personalization, app improvement, and cross-app interest-based advertising.

Withdraw Your Consent:

You can opt-out of tracking for advertising or similar settings on your mobile device. Abiliquest, along with third-party partners, honors these settings.

Security

We implement technical and organizational measures to safeguard Personal Data against unauthorized access, destruction, loss, or alteration. However, we cannot eliminate all risks related to data storage and transmission.

Links to Other Websites

Our Privacy Policy does not apply to third-party websites linked within our Services. We encourage you to review the privacy policies of any third-party websites before providing Personal Data.

Children

We do not knowingly collect data from individuals under 18. If you believe a child has provided us with Personal Data, please contact us on support@abiliquest.com.

Location-Specific Disclosures

Residents of Australia

You may request access to or correction of your Personal Data. Abiliquest will respond to reasonable requests within legally prescribed timeframes. If you have any complaints regarding your Personal Data, please contact us for resolution.

Residents of Brazil

Legal Basis for Processing

We process your data under several legal bases, including consent, legitimate interest, legal obligations, contract execution, and rights enforcement, in accordance with Brazil’s LGPD (Lei Geral de Proteção de Dados).

How to Exercise Your Rights

Brazilian residents have rights under the LGPD, including access to, correction, anonymization, data portability, and erasure of Personal Data. You may also withdraw consent, object to processing, and review automated processing decisions. Requests can be submitted through our support team and will be addressed free of charge within legally required timeframes.

Residents of China Mainland

How to Contact Us

If you have inquiries regarding your Personal Data, please contact our support team.

Data Transfer

Abiliquest does not store Personal Data within China Mainland. Personal Data collected from China Mainland users will be transferred to and stored in France. We ensure your data is protected in accordance with applicable laws.

Withholding Information

You may choose not to provide your Personal Data. However, doing so may limit access to some services and features.

Residents of Colombia

How to Exercise Your Rights

You have rights to access, correct, and request the deletion or suppression of your Personal Data. If you believe your privacy rights have been infringed, you can file a complaint with the Superintendence of Industry and Trade.

Residents of the European Economic Area and the United Kingdom

If You Elect Not to Provide Personal Data

You may choose not to provide Personal Data. However, this may restrict your access to certain services within Abiliquest.

How to Exercise Your Rights

Under the General Data Protection Regulation (GDPR), you have several rights concerning your Personal Data, including access, correction, deletion, restriction, and data portability. To exercise these rights, please contact our support team. We will respond to requests as soon as practicable, and always within the time limits prescribed by law. Depending on the request, there may be a small charge in exceptional cases.

You have the following rights:

• Right of access to your Personal Data (Art. 15 GDPR): You can ask for confirmation if we are processing your Personal Data, and request access to it.
• Right to correction (Art. 16 GDPR): You can request correction of inaccurate data or completion of incomplete Personal Data.
• Right to erasure (Art. 17 GDPR): You can request the deletion of Personal Data, subject to legal limitations.
• Right to restriction of processing (Art. 18 GDPR): You can request restrictions on processing in specific situations, like disputing the accuracy of the data or contesting its lawful use.
• Right to data portability (Art. 20 GDPR): You can request that your data be provided in a commonly used and machine-readable format, allowing you to transfer it to another service.
• Right to object (Art. 21 GDPR): Developing, testing, and improving our services through the collection and analysis of Personal Data.
• Enforcement: Enforcing our terms, privacy policy, or agreements with third parties.
• Mergers and Acquisitions: You have the right to object to the processing of your Personal Data when processing is based on legitimate interests or direct marketing purposes.

How We Disclose Personal Data

In accordance with GDPR, Abiliquest will only share your Personal Data with third parties under specific circumstances, as outlined in the privacy policy and as permitted by applicable data protection laws.

Health Data

Certain health and wellness data may be considered sensitive under GDPR. While we process this data to help you track your progress, it should not be considered medical advice or used for diagnostic purposes.

Transfers of Your Personal Data to Other Countries

Personal Data is processed and stored on servers located in the United States. By using our services, you consent to this transfer. We also rely on European Commission-approved standard contractual clauses for international transfers.

Marketing Communications

Where required by law, we will ask for your consent before sending promotional materials. You can revoke this consent at any time.

Legal Basis for Processing Under GDPR

Abiliquest processes your Personal Data based on:

• Performance of a contract (Art. 6 (1) (b) GDPR): To provide services such as account registration or premium features.
• Consent (Art. 6(1)(a) & Art. 9(2)(a) GDPR): Required for sensitive data like health information.
• Legitimate interest (Art. 6 (1) (f) GDPR): For non-sensitive data and certain other services like improving user experience, marketing, and analytics.

Right to Lodge a Complaint

You have the right to lodge a complaint with your local data protection authority if you believe your data protection rights have been violated.

Changes to This Privacy Policy

Abiliquest may update this Privacy Policy as needed to improve our services and comply with data protection laws. We encourage you to periodically review the policy on our website for updates.

How to Contact Us or Our Privacy Office

For questions or concerns about your Personal Data, you can contact our support team.

Residents of Japan

How to Use Personal Data

Personal Data is used for communication, marketing, and providing geographically relevant services. If you provide your consent, data may also be shared with third-party partners.

How to Indicate Your Consent and Opt-Out

You can indicate consent by selecting options in the Services or opting out of marketing communications at any time.

For Residents of New Zealand

How to Access or Correct Your Personal Data

If you reside in New Zealand, you may request access to or correction of the Personal Data we have collected. To do so, please contact us through our support team. A fee may apply for this service, and we will respond within the legally prescribed time limits.

Residents of the United States

Abiliquest does not sell Personal Data as defined under Nevada law.

Residents of California

If you are a California resident, you are entitled to specific rights regarding your Personal Data, as governed by the California Consumer Privacy Act (CCPA). These rights aim to ensure transparency and provide control over how your Personal Data is collected, used, and shared by Abiliquest. However, the exercise of these rights may be subject to exemptions where required by law to protect the public interest (e.g., preventing crime) or Abiliquest's legitimate business interests (e.g., maintaining confidentiality when required).

We will address your requests as promptly as possible, though responses may vary depending on the nature of your request and applicable laws. To prevent unauthorized access to your Personal Data, we take steps to verify your identity before processing requests. This may include requiring you to contact us through a verified email address or asking you to confirm specific account information. If we cannot fulfill your request, we will provide an explanation as to why we are unable to do so.

Your California Privacy Rights:

• Right of Access to Your Personal Data: You have the right to ask us whether we are processing your Personal Data and to request access to that data. This includes information about the categories of Personal Data we collect, how we use it, and any third parties with whom we may share it.
• Right to Deletion: You have the right to request the deletion of your Personal Data, subject to certain exceptions as permitted by law.
• Right to Opt-Out of "Sale" and Certain Sharing Practices: You have the right to opt out of specific data-sharing practices with third parties that may use your Personal Data for their own purposes. "Sale" in this context refers not to the exchange of data for money, but to the sharing of data (including technical device information) for purposes like personalized advertising. Abiliquest does not have actual knowledge of selling Personal Data of minors under the age of 16.
• Right to Non-Discrimination: You will not be discriminated against (in terms of services) for exercising any of your CCPA rights.

How to Exercise Your Rights

For Access or Deletion: You can exercise your rights by contacting our support team

Additional California Rights

Under California Civil Code Section 1798.83, residents of California may request information about the Personal Data (if any) we disclosed to third parties for their direct marketing purposes during the previous calendar year. If applicable, this request can be made once per year, free of charge.

At present, Abiliquest does not share any Personal Data with third parties for their direct marketing purposes. If this policy changes, you will be notified, and you may opt out of such disclosures by contacting our support team.

Please note that opting out of data sharing for direct marketing purposes does not prevent us from sharing data with third parties for non-marketing purposes, such as providing you with Abiliquest's services.

Changes to this policy

Please note that opting out of data sharing for direct marketing purposes does not prevent us from sharing data with third parties for non-marketing purposes, such as providing you with Abiliquest's services.

Contact us

The best way to get in touch with us is by emailing support@abiliquest.com

We may change this policy from time to time and if we do, we'll post any changes on this page. If you continue to use Abiliquest App after those changes are in effect, you agree to the new policy. If the changes are significant, we may provide more prominent notice or obtain your consent to the changes.

Last Updated: Sep 12, 2024