Date of Last Revision: June 30, 2020
What this Policy Covers
Information Collected by WayBetter
We collect the following types of information from our users:
Information You Provide to Us
We receive and store information that you enter on our website or provide to us in other ways. You can choose not to submit certain information, but the tradeoff is that you may not be able to take advantage of certain of our site's features.
Registration: In order for you to use WayBetter's services you must create an account by completing a registration form. As part of this registration form, we require select personal information (including your name, email address, etc.).
User and Player Profiles: To allow you to express yourself beyond just the information collected during registration, we enable you to provide additional information about yourself in your User Profile, including a profile photo. You may opt out of user and player profiles by simply not providing this additional information. You may also contact Waybetter at email@example.com to request that such additional information you provide be non-indexable by search engines on our websites.
Payment Information: WayBetter uses PCI-compliant payment processors and does not itself see or store your credit card details.
Invite Friends: A user may choose to identify a friend, colleague, cheerleader, or a similar third party through our invite-a-friend and cheerleader functions. If a user does this we will collect the recipient's email address. We will automatically send your friend an email, and if necessary, reminder emails. WayBetter stores this information for the sole purpose of sending the aforementioned email and any related reminder emails. We also store this information to track the success of our invitation programs. The recipient may contact firstname.lastname@example.org to request that we remove this information from our database.
Orders: If you purchase a product or service through WayBetter, including a membership, we will collect standard information in order to fulfill your order (such as name, email address, and shipping address).
DietBet Weigh-In Photos: In order to play a DietBet game, each player must submit two weigh-in photos at the beginning and end of each game. These photos are solely used by our Referees to confirm a player's starting and ending weight. WayBetter does not use these photos for any purpose other than weigh-in review without express written permission of the player. After they are reviewed, the images are stored in our database for auditing purposes since they are used to determine winners of the game. They are also displayed on your personal profile and visible only to you, unless you choose to share them with others.
Game Communications, Bulletin Boards, Blogs, Chatrooms: If you participate in a WayBetter game or use a bulletin board, blog, or chatroom or other WayBetter communications medium, you should be aware that personally identifiable information you submit there can be read, collected, or used by other users of the aforesaid forums and may be further transmitted by these users. This information could also be used by a third party to send you unsolicited messages or for other purposes. The exchange of information and comments among players in the course of the games they play is an essential part of the WayBetter game experience. While we consider the dissemination of this information outside of the game without the consent of the player providing the information or comment as counter to WayBetter’s games approach, we cannot insure that such information or comments will remain private and will not be further transmitted by their recipients. Do not provide any information in connection with WayBetter games that you consider private and are unwilling to have disseminated. We are not responsible for personally identifiable information that you choose to make available in connection with participation in WayBetter games. We also connect to third-party services like Facebook and Twitter, and any information that you post on our site may be sent off our site via these third-party services with your consent.
Location Information: Information as to your location may be collected in connection with your participation in StepBet, RunBet and other WayBetter games. This may include obtaining data from your phone for game auditing purposes. You may opt out of the collection of such information except to the extent collection of such information is integral to the operation of such games.
Automatic Information: We receive and store certain types of information whenever you interact with us, including information transmitted automatically as to weight, steps or other of your activities necessary for WayBetter’s games. WayBetter and its authorized agents automatically receive and record certain traffic data on their server logs from your browser including your IP address, WayBetter cookie information, queries, and the page you requested. WayBetter uses this traffic data to help diagnose problems with its servers, to analyze trends, and to administer the website. WayBetter may collect and display various aggregate counts of the times that pages have been viewed. We may provide this information to third parties in connection with special offers and promotional programs for our players, including your name and e-mail address. These third parties are responsible for the privacy of information they receive under their own privacy policies.
Additional Information: With your express consent, we may access your phone book and other information and tools on your devices to enhance your game experience.
Information Third Parties Provide to Us
Third party suppliers (e.g., FitBit, Garmin, Runkeeper, etc.) may provide information to WayBetter in connection with WayBetter’s implementation of its games. This information to the extent that it is not under the control of WayBetter is subject to the privacy policies of those suppliers. It is the responsibility of players to review and determine whether to accept such third party privacy policies, recognizing that the use of such information by WayBetter may be essential to the player’s participation in a game.
Use of Information Collected by WayBetter
WayBetter uses the information it collects to contact you about your involvement or potential involvement in a game; to bill users who have agreed to play or purchase products through our site; to implement WayBetter’s respective games; to fulfill product orders; to contact you about WayBetter-related news, features, products, surveys, promotions by WayBetter and its partners, updates, case-studies, and/or special offers; to facilitate social networking and game set-up (e.g. posting on your Facebook feed, sending friend requests and notifications, creating groups of users with similar goals, or Referee and Cheerleader requests); and, without using personally identifiable information, to analyze and report success trends.
Email and Other Communications
We will send you welcome emails after you have registered with WayBetter based upon the personally identifiable information that you provide us. WayBetter also sends out emails to respond to your inquiries and sometimes to your message board posts, to manage your account, and to facilitate the actions described above in the "Information You Provide to Us" section. You may receive notification emails from WayBetter, which inform you of actions performed on the site (e.g., activity posts and notifications). Unless you opt out, we also send motivational newsletters and messages to people playing in our games.
If you do not want to receive email from us, email email@example.com from the email address you want to take off our lists. If you do not want to receive push notifications from us, opt out of receiving them in the Settings section of the menu. However, please note that in all cases you will continue to receive certain system emails (e.g. regarding forgotten user passwords or related to success and failure in on-going games you have engaged in) and legal notices (e.g. updates to our policies) from us. If you wish to stop receiving these emails you may deactivate or suspend your account. If you do not want to receive push notifications from us, opt out of receiving them in the Settings section of the menu.
If you have provided us information to invite a third party, we will automatically send that third party email inviting him or her to visit the site. Your friend may contact us or click through the link on the bottom of the email to request that we remove their information from our database.
In some circumstances, the above communications may be transmitted using forms of electronic communication other than e-mail such as push notifications.
The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. Although you may reject our cookies and still navigate some areas of our site, we require you to have cookies activated in order to participate in a game.
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site and to control access to certain parts of our site. A session ID cookie expires when you close your browser. We set a persistent cookie to store your passwords, so you don't have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience of our site. A persistent cookie remains on your hard drive for an extended period of time. The cookies may be used to assist in the delivery of advertising and also to support communications by our partners and other business organizations to players who may be interested in the products or services offered by these organizations. The cookies also allow us to better understand our players and their needs and interests.
Sharing Your Information
WayBetter enables people to discover and share information with one another, and information about the people who use WayBetter is very important to us. Although we may share non-personal information, such as aggregate user statistics, demographic information, and website usage information with third parties, rest assured that we will share your personally identifiable information only as described below.
WayBetter Personnel and Affiliates: WayBetter personnel, approved academic researchers, authorized consultants and/or contractors, and payment processing companies may have access to user information if necessary in the normal course of WayBetter business and/or research. This means that user information, including name, address, phone number, credit card details may be used for the following reasons: responding to user requests, ensuring smooth operation of games, and/or modifying our games product to increase users' success rates. We may solicit your participation in research, developing case-studies, and success stories.
We may also use your personal information to place you in a game with other players who match your weight, age, gender categories and/or who share certain interests, such as playing against other recent mothers or diabetics. Being placed in such a game may thus imply certain private information about you even though this information is not made explicitly public. We do this in order to match you with other people in similar conditions and to make a better, more enjoyable game. We may also make your personal information available across the WayBetter family, i.e among the various games we conduct, to facilitate your participation in other WayBetter games.
Agents/Service Providers: WayBetter employs third parties to perform functions on our behalf. Examples include hosting or operating the WayBetter website, fulfilling orders for products and services purchased through the WayBetter websites, sending e-mail and/or other communications, providing wireless services, removing repetitive information from customer lists, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on WayBetter's behalf.
User Profile information: Information collected during registration and subsequent visits, such as your full name and location, may be displayed to other WayBetter users in your User Profile. The User Profile is the area on WayBetter where we allow you to tell other WayBetter users about yourself and your interests. You may control what personal information is displayed.
Public Information: WayBetter will allow third parties access to all WayBetter data that is already publicly available through the site. WayBetter will keep passwords private.
E-Commerce: WayBetter may allow users to choose to share information with third parties, including marketers or electronic commerce providers through on-site offers.
Affiliate Entities: WayBetter may also provide your personally identifiable information to your affiliated company if you have entered an Affiliate Code during registration or are otherwise a user of our corporate portal.
Special Offers and Promotions by WayBetter and its partners. In connection with promotions and special offers, we may make available to third parties your name and other personal information pertinent to these offers and to their implementation should you accept such promotions or special offers. Information transmitted to third parties will be subject to the privacy policies of the third parties receiving such information. Your information may also be used in connection with sweepstakes and contests that we or our partners conduct. You may opt out of providing such information by notifying WayBetter at firstname.lastname@example.org.
With Your Consent: Except as noted above, WayBetter will not provide users' personally identifiable information to third parties or use it for a purpose incompatible with the purpose(s) for which it was originally collected without their prior permission.
Keeping Information Secure
The security of your information is of paramount importance to us. Your WayBetter account information is protected by a password for your privacy and security. In addition, we follow generally accepted industry standards to protect the personal information of our users, both during transmission and after we receive it. WayBetter strives to use commercially acceptable means to protect your personal information, including use of encryption, firewalls, and hashing on select types of information collected by WayBetter. When you enter sensitive information (such as credit card numbers) during the sign-up process or on our order forms, we encrypt your information during transmission using 128 bit secure socket layer technology (SSL). No method of transmission or electronic storage is 100% secure, however, so WayBetter cannot guarantee absolute security.
You can enhance your security by protecting against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer.
Only employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.
Ways for You to Control Display and Use of Your Information
You can always opt not to disclose information, but then you may be unable to use certain features on our website.
By visiting your User Profile, you can correct, amend, add, or delete personally identifiable information on our website. When you update information, however, we often maintain a copy of the unrevised information in our records as part of our normal back-up procedures and so that we can comply with any future requests for such information in conjunction with future legal requirements.
If you wish to remain a user of WayBetter, but do not wish to receive certain email from us or other WayBetter users, please email email@example.com. However, please note that you will continue to receive all system emails (e.g. those regarding forgotten user passwords) and legal notices (e.g. updates to our policies) from us.
You may request access to any Personal Information that we have collected that is not available on your User Profile page so that you may correct any inaccuracies or request deletion of that information.
You may also request deletion of your WayBetter account by contacting us. We will respond to requests within 15 business days.
European Union Users
WayBetter is the controller of the personal information and data you provide to WayBetter’s games and Sites.
You have the right to access this data and information and to object to its use. You many request that we erase data and information that you have provided to us by contacting firstname.lastname@example.org. You may also at any time contact us to withdraw consents that you have granted with respect to the use of your data and information. Please appreciate that such actions may impair your ability to participate in WayBetter games.
You may file a complaint with respect to the use of data and information with the EU Information Commissioner’s Office.
Minors under 18 Years of Age: Minors under age 18 are prohibited from registering to use the WayBetter website. If you are under 18 years old, please do not attempt to register with this site or send any information about yourself to us. WayBetter does not knowingly allow users under age 18 to register nor does WayBetter knowingly collect information about minors under age 18. If we learn that WayBetter has collected information from a minor under the age of 18, we will delete that information immediately. If you believe that WayBetter may have information from or about a minor under 18 years old, please contact us.
Conditions of Use
Supplemental Privacy Provisions for California Residents
Effective as of January 1, 2020
The California Consumer Privacy Act (“CCPA”), which became effective January 1, 2020, and other applicable California state privacy laws provide certain rights to you if you are a California resident with respect to protection of your personal information.
Right To Know. You may request from us a report detailing the personal information we collect from you, including a report by categories of the personal information we collect from you. We will do our best within 45 days of the receipt of any such request to comply with the request. Any such request shall set forth the information requested and shall be made by e-mail to email@example.com. We will notify you by e-mail if we are unable to comply with your request within 45 days.
The types of information that you may request from us include:
Categories of personal information that we have collected about you.
Categories of sources from which this information is collected.
The business or commercial purpose for collecting this information and for selling this information, if sold.
Categories of third parties with whom the business shares this information, and the categories of information disclosed, if any, for business purposes.
Specific pieces of personal information that we have collected about you.
Categories of personal information, if any, sold about you and the categories of third parties to which the personal information was sold,by category or categories of personal information for each third party to which the personal information was sold.
Please note that during the preceding 12 months WayBetter did not sell any personal information.
Request to delete personal information. You may request that we delete personal information that we have collected from you within the preceding 12 months. Any such request shall set forth the information requested to be deleted and shall be made by e-mailing firstname.lastname@example.org. We will notify you by e-mail if we are unable to comply with your request within 45 days. Certain personal information may not be subject to deletion in accordance with exceptions in the CCPA and other requirements. Please appreciate that deletion of such information may preclude your participation in WayBetter games due to game technical requirements.
No discrimination. The CCPA bars discrimination against California residents because they have exercised rights under the CCPA.
Opt out right. You have a right to request that we do not provide your personal information to third parties.You may exercise this right by e-mailing email@example.com We will notify you by e-mail if we are unable to comply with your request within 45 days. Please appreciate that sharing such information may be technically necessary to permit you to participate in WayBetter games.
Questions. Should you have questions with regard to WayBetter’s obligations or your rights under the CCPA, please address us with these questions at firstname.lastname@example.org.