Terms of Service & Privacy Policy

Thank you for choosing our applications and services (in the following: services). By using the services of Stefan Diener Software-Entwicklung (in the following: operator) you accept and agree to these terms os service. Therefore, it is important that you carefully read these terms. If you don’t consent to these terms, you’ll be unable to use our services.

Right of Use

By adding content using the app you grant the operator the non-exclusive right to use that content as far as necessary for providing this or any similar services. This right of use is unlimited in time and location. The operator is not obliged to pay you any fees for the concession of these terms of use.

You can revoke the aforementioned rights anytime by sending a written note to the operator.

You must guarantee that you have all the rights to the content submitted and that you are entitled to transfer these rights to the operator. You are solely responsible for your added content and the consequences of posting or publishing them. If you act in opposition to these terms of use you absolve the operator of any damages that may arise, including any legally applicable legal costs. If a third party should make a claim to the operator with regard to the submission of your content (in particular in terms of any violation of personal, copyright, brand or performance rights) you are obliged to repay the operator for all damages through your own blameworthy breach of duty.

Health and Nutrition Information

You are responsible for your own health. The operator isn’t a medical organization and will not provide you with any medical advice, nor diagnosis. The purpose of the services is to help users to track their food consumptions, trainings, and body weight. Always consult your doctor before starting a diet or fitness program. Furthermore contact your doctor if you experience any illness or pain. The operator cannot guarantee any health, weight and/or fitness results or improvements. Our services are intended for healthy persons only.

Nutritional information found in our database has been investigated and reviewed by the operator. The operator cannot guarantee that the nutritional information provided in the database is accurate, reliant or complete. The operator isn’t responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the services.

Intellectual Property

All rights in and to the services, including any trademarks, service marks, trade names and copyrighted content (“intellectual property”) presented within the services are the property of the operator and/or third parties. The content and works created by the operator are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. You agree not to use intellectual property for any other purposes except for your use of the services, unless required otherwise by applicable mandatory law.

Disclaimer and Limitation of Liability

You use the services at your own risk. The operator doesn’t warrant that the services and availability thereof will be uninterrupted or error free. Pursuant to §7 par. 1 of TMG (German Tele-Media Act), the law limits the responsibility of the operator as a service provider to our own content.

In no event shall the operator be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, the aggregated liability of the opeator for any direct damages shall be limited to the fees paid by the user for in-app purchases.

Participation in the dispute resolution procedure for online contracts concluded directly with us

The European Commission is providing a platform for out-of-court online dispute resolution, available at www.ec.europa.eu/consumers/odr. Our e-mail address can be found in our imprint. We participate in the dispute settlement process. A list of the contact details of the recognized dispute resolution bodies can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.

Miscellaneous

We reserve the right to refuse service to anyone.

The operator may revise these terms and conditions from time to time. The most current version will always be available on the website of Stefan Diener Software-Entwicklung. Any and all material changes shall become into effect between you and the operator upon your acceptance of such changes.

Governing Law

These terms and the use of the services are governed by the laws of Germany.

Contact

For further information, inquiries or assistance you may contact:

Stefan Diener
Stefan Diener Software-Entwicklung
Sterzinger Str. 30
D-84024 Rosenheim
Germany

Please feel free to contact us.

Privacy Policy

The author of the applications “Calories! Life Balance”, “MyCalorieApp”, “Fit with Gout” and “Nutrition Formulas”, Stefan Diener Software-Entwicklung (in the following: operator, we, us), observes all relevant legal data privacy provisions, amongst others German data privacy laws, and the General Data Protection Regulation (GDPR) of the European Union. Using this privacy statement we want to inform you as a user and customer about the type, coverage, and purpose of the collection and usage of personal data.

1) Area of Application

This privacy policy covers all our services for end users. In detail:

a) Android apps:
– “Calories! Lice Balance”, in the following “Life Balance” or “offline app”,
– “MyCalorieApp”, in the following “online app”,
– “Fit with Gout”, in the following also “online app”,
– “Nutrition Formulas”,
b) MyCalorieApp server, in the following “server”,
c) homepage: http://www.mycalorieapp.com and http://www.mycalorieapp.de
d) e-mail,
e) social media: Google+, Facebook, Twitter.

2) Responsible Office and Contact

The contact person in the sense of the data privacy laws is

Stefan Diener
Stefan Diener Software-Entwicklung
Sterzinger Str. 30
D-84024 Rosenheim
Germany

support@mycalorieapp.de

3) Collection and Usage of Data

3.1) Online Apps and Server

The following data may be collected ans stored using our online apps:
– current user account of the app store (Google, Amazon, Samsung): on-app purchses only, no storage inside the app or at the server,
– e-mail address, password hash, verification code: e-mail based user account only,
– Google ID, e-mail address, login token: Google based user account only,
– Facebook ID, e-mail address (only if authorized from Facebook), login token: Facebook based user account only,
– Amazon ID, e-mail address, login token: Amazon based user account only,
– name,
– date of birth, body height, gender,
– date of account creation,
– date of last login,
– date of last device change: with activated quick login only,
– consumptions, exercises, job activities, mood, daily notices,
– weight diary,
– favorites foods and sports,
– settings,
– lists ans recipes,
– user generated foods and barcodes,
– user generated food modifications, as long as the modifications are not applied,
– licenses (Pro version, Pro account),
– e-mail address, if the account is blocked permanently.

For the purpose of contract processing, the following data is stored with us for the online apps:
– e-mail address: e-mail based user account only,
– Google ID, e-mail address: Google based user account only,
– Facebook ID, e-mail address (only if authorized from Facebook): Facebook based user account only,
– Amazon ID, e-mail address: Amazon based user account only,
– name,
– date of account creation,
– licenses.

There will be no transfer of data to third parties, except for the transmission to our tax advisor to fulfill our tax obligations, or if there is a legal obligation to transfer data.

All data related to the contract will be stored at least until the tax retention period (7 years) expires. The contract-relevant data will remain stored even after this period, as long as the operator’s right to use the content you have created (especially publicly available food and barcodes) exists.

Consumptions, exercises, job activities, mood and daily notes are stored for 3 months. This period increases to 24 months as long as there is a valid Pro license throughout. The data of the weight diary is stored for 3 years. This period increases to 10 years, as long as there is a valid Pro license throughout.

Created foods and barcodes, as well as submitted, but still unprocessed suggestions for modification to existing foods are stored as long as the operator’s right to use the content you have created exists.

All personal data (with the exception of the contract-relevant data, as well as the created foods, barcodes and food modifications) can be deleted at any time by the user with the help of the app. Furthermore, the user can always lock his user account using the app. Registration is only possible again after the user account has been activated by the support team at the request of the user.

The following data are accessible by all users in an anonymized form:
– foods,
– barcodes,
– public lists and recipes.

The MyCalorieApp server serves as a platform for our own online apps, as well as for third-party apps and services. There is a data processing contract with all third party providers. All third parties are required to design their privacy policies consistent with our privacy policy.

Personal information will only be transferred to a third party if you use an app or service of such a provider. This does not apply to data that is accessible to all users in anonymous form.

The transfer of all data from and to the server is done exclusively via secure connections (HTTPS).

All stored data are subject to the data protection laws of the European Union. The location of the MyCalorieApp server is Belgium.

The data processing takes place on the basis of the legal regulations of the article 6, paragraph 1, point a) and f) of the GDPR.

3.2) Apps

The following data is collected by our apps and stored locally on the device:
– current user account of the app store (Google, Amazon, Samsung): on-app purchses only, no storage inside the app,
– date of birth, body height, gender (“Life Balance” only, online apps for caching only),
– consumptions, exercises, job activities, mood, daily notices (“Life Balance” only, online apps for caching only),
– weight diary (“Life Balance” only, online apps for caching only),
– favorites foods and sports (“Life Balance” only, online apps for caching only),
– settings (“Life Balance” only, online apps for caching only),
– lists ans recipes (“Life Balance” only, online apps for caching only),
– user generated foods (“Life Balance” only, online apps for caching only),
– licenses (Pro version, Pro account, ad removal),
– backups (“Life Balance” only).

The apps “Life Balance” and “Nutrition Formulas” don’t transfer any contract-relevant data to us. Basically, all data entered by the user on “Life Balance” remain on the device. The online apps use the device’s memory as a temporary cache only.

With the apps “Life Balance” and “Nutrition formulas”, all personal data can be deleted at any time by the user himself using the Android settings. Furthermore, all data will be deleted when the app is uninstalled from the device, for “Life Balance” with the exception of the backups. These can be deleted manually at any time if required.

Google Analytics and Google Analytics for Firebase

Our apps use functions of the analytics service “Google Analytics”, provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics helps to analyze how users use the application. The information generated about your use of the application will be transmitted to and stored by Google on servers in the United States. Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at http://www.google.com/intl/en_uk/analytics/privacyoverview.html

You can prevent the usage of Google Analytics in our apps by disabling it in the settings of the app.

We have entered into a contract data processing agreement with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Your IP address is detected but pseudonymized immediately (e.g., by truncating the last octet of the IP address). As a result, only a rough localization is possible. A clear assignment to a device is no longer possible.

The relationship with the analytics provider is based on the EU-US Privacy Shield Agreement on the collection, use and storage of personal data from EU member states.

The data processing takes place on the basis of the legal regulations of the article 6, paragraph 1, point a) and f) of the GDPR. Our concern in the sense of the GDPR (legitimate interest) is the improvement of our offer and our apps. Since the privacy of our users is important to us, the user data is pseudonymized.

Advertising Services

Our apps use features of multiple advertising services. It uses features that may use information about your visits to our apps to show ads about products and services that interest you. The information generated thereby is transmitted to the server of the particular advertising service and stored there.

The relationship with U.S. based advertising services is based on the EU-US Privacy Shield Agreement on the collection, use and storage of personal data from EU member states.

The data processing takes place on the basis of the legal regulations of the article 6, paragraph 1, point a) and f) of the GDPR. Our concern in the sense of the GDPR (legitimate interest) is the maintenance of our offer and our apps.

– “Google AdMob” is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. For more information on how to handle user data on Google AdMob, please see the Google Privacy Policy: https://privacy.google.com/businesses/processorterms/ and https://privacy.google.com/businesses/controllerterms/

– AdColony: AdColony, Inc., 11400 W. Olympic Blvd., 12th Floor, Los Angeles, CA 90064, USA
https://www.adcolony.com/privacy-policy/

– AerServ: AerServ LLC, 15420 Laguna Canyon Rd, Irvine, CA 92618, USA
https://www.aerserv.com/privacy-policy/
https://www.aerserv.com/terms-and-conditions/

– Amazon: Amazon.com Inc., P.O. Box 81226, Seattle, WA 98108-1226, USA
https://www.amazon.com/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=468496
https://www.amazon.com/gp/help/customer/display.html/ref=footer_cou?ie=UTF8&nodeId=508088

– AppLovin: AppLovin Corporation, 849 High St., Palo Alto, CA 94301, USA
https://www.applovin.com/policies/
https://www.applovin.com/terms/

– AppNext: AppNext, 535 Mission Street, 14th Floor, San Francisco, CA 94105, USA
https://www.appnext.com/policy/
https://www.appnext.com/terms-conditions/
https://www.appnext.com/gdpr/

– Chartboost: Chartboost Inc., 85 2nd Street, Suite 100, San Francisco, CA 94105, USA
https://answers.chartboost.com/en-us/articles/115001489263

– Facebook: Facebook Inc., 1601 Willow Road, Menlo Park, CA 94025, USA;
Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
https://www.facebook.com/privacy/explanation
https://www.facebook.com/policies

– MoPub: MoPub Inc., 1355 Market St., San Francisco, CA 94103, USA
https://www.mopub.com/legal/privacy/
https://www.mopub.com/legal/tos/

– Mobvista: Mobvista International Technology Ltd., RM701A, 7/F, OfficePlus @Prince Edward, 794-802 Nathan Road, Kowloon, Hong Kong
https://www.mobvista.com/en/privacy/

– Ogury: Ogury Ltd., 24 Highbury Grove London, N5 2EA, United Kingdom
https://www.ogury.com/privacy/
https://www.ogury.com/terms-and-conditions/

– Tapjoy: Tapjoy Inc., 111 Sutter Street, 12th Floor, San Francisco, CA 94104, USA
https://www.tapjoy.com/legal/#privacy-policy
https://www.tapjoy.com/legal/

– UnityAds: Unity Technologies, 30 3rd Street, San Francisco, CA 94103, USA
https://unity3d.com/legal/privacy-policy
https://unity3d.com/legal

– Vungle: Vungle Inc., 185 Clara Street, Suite 100, San Francisco, CA 94107, USA
http://vungle.com/privacy/

– “AddApptr” is provided by AddApptr GmbH, Alsterufer 4, 20354 Hamburg, Germany. AddApptr collects, processes, and uses data with persons who use the application. AddApptr prepares aggregated statistics (including statistics compiling data from other AddApptr partners) for the purpose of internal use and marketing. There are no information contained that would enable the identification of the end user. AddApptr may download on the device of the end user a kind of “cookie”. There are no information contained that would enable the identification of the end user.

Google Drive

The app “Life Balance” uses Google Drive to store and restore user data backups. In addition, PDF files exported from the apps “Life Balance”, “MyCalorieApp”, and “Fit with Gout” can be saved directly to Google Drive. The Google Drive Terms of Service apply: https://support.google.com/drive/answer/2450387

Google Cloud Print

Our apps can print data using Google Cloud Print. Furthermore, PDF files can be exported. The Google Cloud Print Terms of Service apply: https://support.google.com/cloudprint/answer/2541843?ref_topic=4456298

Google Firebase Crashlytics

Our apps use “Google Firebase Crashlytics” to send, save and manage crash reports. The following data is recorded:
– date and time,
– stack trace of all threads,
– app information: name of the app, app version, database version, app store,
– device information: language used, version of Google Play Services, vendor, model, Android version, memory configuration, screen configuration,
– information about the user: used language of the database.

No information is transferred from the log file. Crashlytics doesn’t collect or transmit any personally identifiable information.

The data processing takes place on basis of the legal regulations of the article 6, paragraph 1, point a) and f) of the GDPR. Our concern within the meaning of the GDPR (legitimate interest) is the improvement of our offer and our apps.

Google Fit

Our apps use Google Fit to share fitness data. The following data is transferred:
– training and energy consumption (read by Google Fit),
– weight diary (read and write).

The terms of use of Google Fit apply: https://policies.google.com/terms
Google Fit privacy policy: https://policies.google.com/privacy

StepsApp

The app “MyCalorieApp” uses the pedometer app “StepsApp” provided by StepsApp GmbH, Jakoministraße 3/11, 8010 Graz, Austria, to exchange fitness data.

The following data is transferred:
– calories, distance, duration, number of steps (read from StepsApp),
– energy summry (write to StepsApp).

The StepsApp privacy policy applies: http://stepsapp.io/privacy/?os=android

3.3) Homepage

Our homepage doesn‘t use cookies, nor any kind of tracking. Furthermore no advertisement is displayed. No personal data is collected.

3.4) E-Mail

If you contact us by e-mail, your details will be stored for processing the request and for follow-up questions for twelve months. The transmission of data is voluntary. The use of e-mail support is, as far as possible, always possible without providing personal data. We will not disclose any data collected via e-mail without your consent, unless there is a legal obligation to do so.

3.5) Social Media: Google+, Facebook, Twitter

For our presence at Google+, Facebook, and Twitter, the terms of use of the respective provider do apply.

4) Mandatory and voluntary data

The following data is required to fulfill the contract:
– for our online apps: contract data, see section “Online Apps and Server”,
– for all apps: current user account of the app store (Google, Amazon, Samsung) for in-app purchases (temporary, will not be saved by us).

Without this mandatory data we can not conclude the contract with you.

All other data are transmitted on a voluntary basis.

5) Permissions of the Application

We designed the application for minimal usage of permissions. To function correctly, the app requires access to your mobile phone or tablet:

– access to external storage: Access to the SD card of the device is required for the export and printing of data (“Life Balance” and online apps only), for the backup of data (“Life Balance only”), and by some ad networks (for caching data).
– access to network: Access to the network is required for the access of the MyCalorieApp server (online apps only), the printing (“Life Balance” and online apps only), the in-app billing, the display of advertisements, the transmission of crash reports, as well as anonymized statistics.
– camera and flashlight: Required for the barcode scanner (“MyCalorieApp” only).
– billing: This permissions is required for the in-app billing.
– get accounts: Access to the account information is required by Google Drive (“Life Balance” only), and the in-app billing.

6) Your Rights

You have the rights to free-of-charge information about your data, correction, deletion, limitation of processing, data portability, revocation and opposition. If you believe that the processing of your data violates data protection laws or your data protection claims have otherwise been violated in a way, you have the right to complain to the relevant supervisory authority.

7) Changes of the Privacy Statement

This privacy statement may change in the future. The official version is always accessible at our website.

8) Links

Our website contains links to external websites of third parties. We have no influence on the content of these directly or indirectly linked websites. The respective operator / provider is always responsible for the accuracy of the content, which is why we can not assume any liability for external links.

The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a constant content control of the linked pages is not reasonable without concrete evidence of an infringement. Upon notification of violations, we will remove such links immediately. Please contact us if you have comments to external links.

9) Copyright Notice

Copyright © 2016-2018 Stefan Diener, Stefan Diener Software-Entwicklung.

All aspects of this web site – design, text, graphics, applications, software, underlying source code and all other aspects – are copyright Stefan Diener unless otherwise noted. In accessing these web pages, you agree that any downloading of content is for personal, non-commercial reference only (unless otherwise noted). No part of this web site may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the web site operator.

As far as the contents on this web site were not created by the operator, the copyrights of third parties are considered. In particular contents of third parties are marked as such. If you should still be aware of a copyright infringement, we ask for a note. Upon notification of violations, we will remove such content immediately.

For rights clearance please contact us.