Sweet spot app
Last updated: December 20, 2022
This privacy notice applies to the Sweet Spot app and is addressed to you, the user of the Sweet Spot app. We, Hyperflow B.V., are the data controller with respect to the processing of your personal data through this app. Through this privacy statement we inform you about the collection and other use of your personal data, as well as your rights with respect to that data.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Device means any device that can access the Sweet Spot App such as a computer, a cell phone or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
Personal Data is any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.
Service Provider means any natural or legal person who processes the data on behalf of Hyperflow B.V.. It refers to third-party companies or individuals employed by Hyperflow B.V. to perform services related to the Sweet Spot App or to assist Hyperflow B.V. in analyzing how the Sweet Spot App is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
Third-party Social Media Service refers to any website or any social network website through which you can log in or create an account to use the Sweet Spot App.
Usage Data refers to data collected automatically, either generated by the use of the Sweet Spot App or from the service infrastructure itself (for example, the duration of a page visit).
Collecting and Using Your Personal Data
Types of Data Collected
While using the Sweet Spot App, We may automatically (or indirectly) collect certain personally identifiable information that can be used to contact or identify you. Personal Data may include, but is not limited to:
Such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.
Collected automatically when using the Sweet Spot App. It may include information such as your Device’s browser type, browser version, the type of mobile device you use, Your mobile device unique ID, your mobile operating system, the pages of the Sweet Spot App that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Your approximate physical location.
Information you share with us by filling in questionnaires in the Sweet Spot App regarding your state of mind, such as your emotional well-being, focus, creativity etc. It may also include information regarding the supplements you log in the Sweet Spot App and the protocol according to which you do so.
Personal information categories
Such as your physical characteristics or description, bank account number, credit card number, debit card number, or any other financial information, or medical information. Protected classification characteristics, such as age (40 years or older), medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), genetic information (including familial genetic information).
Inferences drawn from other personal information
Such as your preferences and psychological trends, predispositions, behavior and attitudes.
The use of the Sweet Spot app is only intended for use by adults. If we learn that personal data of minors is being inadvertently processed, we will delete that data immediately.
Information from Third-Party Social Media Services
The Company allows you to create an account and log in to use the Sweet Spot App through the following Third-party Social Media Services:
If you decide to register through or otherwise grant us access to a Third-Party Social Media Service, we may collect personal data that is already associated with your Third-Party Social Media Service’s account, such as your name, your email address, your activities or your contact list associated with that account.
Legal Basis for Processing Personal Data
We may process Personal Data under the following conditions:
Consent: You have given your consent for processing Personal Data for one or more specific purposes.
Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by Hyperflow B.V.
In any case, Hyperflow B.V. will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Use of your Personal Data
We may use Personal Data for the following purposes:
To provide and maintain the Sweet Spot App
This includes monitoring the usage of the Sweet Spot App by analyzing when and where the Sweet Spot App is used, on which type of devices it is used, and which operating system is being used while using the Sweet Spot App.
To manage your account
To manage your registration as a user of the Sweet Spot App. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
For the performance of a contract
The development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Sweet Spot App.
To contact you
To contact you by email or telephone regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide you with
News, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
To manage your requests
To attend and manage your requests to us.
To share with other users
We may share your personal information with other users when you explicitly decide to share your information with specific other users of the Sweet Spot App. We may also share your personal information with affiliated coaches upon your explicit consent so that they can monitor your progress and assist you with getting the most out of the Sweet Spot App.
To detect security incidents
And protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Retention of your Personal Data
Hyperflow B.V. will retain your Personal Data until you terminate your account, unless retaining this data is necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), in which case we may hold onto them to the extent necessary to comply with such obligations. Any additional Personal Data that we may need to resolve a question and/or request for you, we will retain until this question and/or request is fulfilled.
Transfer of your Personal Data
Your information, including Personal Data, is processed at Hyperflow B.V.’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
Disclosure of your Personal Data
Under certain circumstances, Hyperflow B.V. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
Hyperflow B.V. may disclose your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of Hyperflow B.V.
Prevent or investigate possible wrongdoing in connection with the Sweet Spot App
Protect the personal safety of users of the the Sweet Spot App or the public
Protect against legal liability
Sale of personal information
Hyperflow B.V. does not engage in the sale of Personal Data or other types of personal information without your explicit prior consent. If you opt-in to the sale of personal information you may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting us.
Detailed information on the processing of your Personal Data
We engage service providers to provide our own service. These third-party vendors collect, store, use, process and transfer information about your activity on the Sweet Spot App in accordance with their Privacy Policies.
Cloud infrastructure and storage
We may use third-party service providers to safely store and retain your Personal Data.
Google Cloud is a cloud computing platform provided by Google that provides cloud storage. It offers organizations tools such as computing power, database storage and content delivery services. Since your data is hosted with Google Cloud, Google is considered a data processor.
We may use third-party service providers to monitor and analyze the use of the Sweet Spot App.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We may use service providers to manage and send emails to you.
Your rights regarding your Personal Data
Hyperflow B.V. allows you to invoke the rights you have under the GDPR and CCPA with respect to your Personal Data. We will never discriminate or otherwise disadvantage you when you invoke your rights.
You can invoke the following rights:
Request access to your Personal Data. The right to access the information we have on you. Whenever made possible, you can access your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Data we hold about you, and request us to disclose information to you about our collection, use, sale, disclosure for business purposes and share of personal information.
Request correction of the Personal Data that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected. You can request such a correction by contacting us by email or regular mail.
Object to processing of your Personal Data. When we rely on a legitimate interest to process your data, you have the right to object to the processing of your Personal Data. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
The right to restrict the processing of your Personal Data. You can invoke your right if your data is potentially incorrect, the processing is unlawful, your data is no longer needed, or you have objected to the processing of your data.
Request erasure of your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it. You can request this erasure if we no longer need your personal data, you have withdrawn the consent to use the data, you object to the use of your data, We are unlawfully processing the personal data, the legally defined retention period has expired, or if the personal data belongs to a minor.
Request the transfer of your Personal Data. We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw your consent. You have the right to withdraw your consent on using your Personal Data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Sweet Spot App.
The right to say no to the sale of Personal Data (opt-out). You have the right to direct us to not sell your personal information. To submit an opt-out request please contact us.
You have the right not to be subject to a decision based solely on automated processing, including profiling. This does not apply if the decision is necessary for entering into a contract between you and Sweet Spot B.V. or if the decision is based on your explicit consent.
The right to exercise California’s Shine the Light law. Under California Civil Code Section 1798, California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
Exercising of Your Data Protection Rights
You may exercise your rights by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
We will execute your request within one month, and notify you within the same time frame. If we decide not to fulfill your request, we will inform you within one month as to why we are not complying with your request.
If your request is very complex, or if we receive a lot of requests from you, it may be that we respond to your request(s) within three months. Should this be the case, we will inform you within one month after you made the request.
In the European Economic Area (EEA), you have the right to lodge a complaint to a Data Protection Authority about our collection and use of your Personal Data. For more information, if you are in the EEA, please contact your local data protection authority.
“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our service does not respond to Do Not Track signals.