3. User’s Responsibilities: User shall be solely and exclusively liable for any and all content, material or information (including personal information, images and videos) that he/she may provide, upload, disclose, publish or transmit directly for purposes of access, registration and/or use of Diabattle or the Services ("User Content"), being fully liable for the truth, accuracy, update and legality of the User Content. Any and all User Content provided, uploaded or disclosed in any way on Diabattle or through the Services shall be the User’s sole liability and N8 cannot be held liable for any misrepresentation, inaccuracy, error or omission in the User Content.
User acknowledges and accepts that by providing, uploading, disclosing, publishing or transmitting any User Content directly for purposes of access, registration and/or use of Diabattle or the Services, User hereby grants to N8 a royalty-free, non-exclusive, transferable, worldwide right and authorization to use, copy, edit, modify, reproduce, create derivative works, as well as to distribute, disclose, process and use any User Content (in whole or in part) in any way, whether in connection with Diabattle or any of the Services, or in connection with any of N8’s businesses or activities. User represents and warrants to be the titleholder of all rights and authorizations required to provide, upload, add, disclose, publish or transmit the User Content, as well as to grant to N8 the rights over the User Content mentioned above, without breaching any rights to privacy, intimacy, intellectual property or any other third parties’ rights.
4. Services: Services consist on offering and making access to and use of Diabattle application available to Users so as to allow Users to log and monitor data about their blood sugar and insulin levels, eating habits and physical activities, as well as to compete with other Diabattle Users, and to access findings resulting from monitoring performed using Diabattle. Therefore, Diabattle only encourages Users to constantly monitor their blood sugar and insulin levels, as well as healthy eating habits and physical exercises, without interfering with the actual monitoring or its quality, which shall be made exclusively by the User and, thus, N8 cannot be held liable for any error or negligence on the part of Users with the monitoring nor with any health issues deriving therefrom. Access to and use of Diabattle are free of any charges (including registration fees). Diabattle may, at any time and at its sole criteria, change Diabattle’s access and use policy to start charging for its use and any such change will become effective thirty (30) days counted as of written notice to Users.
Users younger than sixteen (16) years old shall only access and use Diabattle upon specific authorization from at least one of the parents or a legal guardian. Diabattle reserves itself the right to request proof of age of any User, at any time, to confirm if access and use are in compliance with the terms of this Policy, as well as to cancel any noncompliant accounts.
2. Personal Data collected by Diabattle
Information (including Personal Data) shall be collected upon the User’s registration with Diabattle, including User’s username, e-mail and date of birth.
Diabattle will also collect information relative to User’s health, to wit: (i) type of diabetes; (ii) date in which diabetes was identified; (iii) blood sugar (level, date and time); (iv) insulin (name, date and time); (v) carbohydrate ingestion (quantity, date and time) e (vi) practiced physical exercises (type, date and time), which will be used for Diabattle’s actual operation and/or Services.
User may access his/her account on Diabattle at any time to correct, add or delete information, including Personal Data.
User warrants that all information (including Personal Data) provided is true and accurate. User shall be fully liable for such information and undertakes to keep it duly updated. Cookies may be sent to the device used by the User upon access to Diabattle in order to improve its performance and customize the User’s access experience. User is totally free to block such cookies but doing so may prevent access to the customized experience and the User may not be able to use certain features on Diabattle.
The following information will be stored for security and/or statistical purposes upon access to and/or use of Diabattle by the User: (i) names of Internet access and services providers; (ii) form of access to Diabattle; (iii) the User’s IP address; and (iv) geographic region, date and time of access.
Diabattle may also collect information (including Personal Data) about the User, third parties who ensured to have secured the User’s consent to provide such information or information that the User disclosed to the general public and/or free of charge. By way of example, Diabattle may collect and use demographic information generally available to the public at a given jurisdiction or credit checking information, subject to the applicable laws.
By clicking here, the User acknowledges that Diabattle may collect Personal Data and accepts with how this information will be processed and shared pursuant to the provisions of this Policy.
3. Storage and Duration of Processing
Diabattle is headquartered in Brazil and the information (including Personal Data) collected from the User will be stored by Diabattle in its servers and/or in the servers owned by Tightdb, Inc., a company retained by Diabattle to provide cloud computing services named Realm (https://realm.io), located in San Francisco, California, in the United States.
Information (including Personal Data) provided by the User will be retained during the whole period of time the User holds an active account on Diabattle or as required to provide Services to the User and for an additional period required to allow: (i) the User to recover its account in case he/she decides to resume it after cancellation, (ii) Diabattle to comply with agreements and/or with the applicable laws and regulations; (iii) Diabattle to review its operations and/or Services, always subject to the applicable laws. For further information on where and for how long the information (including Personal Data) will be stored, as well as on opt-out and transfer rights, please send an email to the person in charge of data protection on Diabattle at email@example.com.
4. Processing Purposes
Information (including Personal Data) collected by Diabattle will be used for the following purposes: (i) to operate Diabattle and/or provide Services to the User; (ii) to activate the User’s registration and keep it updated; (iii) to better understand the User’s requirements, concerns and interests, as well as to develop, improve and customize Diabattle, the Services and/or the content provided to the User; (iv) to allow the User to recover his/her information; (v) to enable communication with the User for purposes of support, customer service or feedback; (vi) to send upgrades, notices and/or additional information related to Diabattle and/or the Services, as well as to inform about novelties or implementation of new features; (vii) to improve Diabattle’s usability and interface; (viii) for statistical analysis by means of anonymization of Personal Data in the form prescribed by the applicable laws; (ix) to release communications and/or marketing campaigns, as well as special partner offers; and/or (x) to comply with the applicable laws and regulations.
5. Transfer of Personal Data
In the latter case, Diabattle has partnered with several service providers whose services and/or solutions supplement, facilitate and/or improve Diabattle and/or the Services. They include, but are not limited to: (i) application analysis services (Google Analytics for mobile apps); (ii) data analysis services (Google Analytics); (iii) cloud hosting services (i.e., Realm); (vi) e-mail marketing services (Mailchimp); (vii) payment processing services (Apple Store); and (viii) business, financial and legal consulting services. These service providers may receive or have access to Users’ Personal Data in any other way for specific purposes and shall only be able to use such information for the above mentioned purposes. In any way, Diabattle, as controller of Personal Data collected from Users, shall remain liable for processing performed by service providers, except in case of circumstances beyond its reasonable control.
Certain User’s account information, including username, level and points may be disclosed to other Users to optimize Diabattle and/or the Services or to meet a Services related request. The username may also be disclosed to other Users if and when the User sends messages and/or comments through Diabattle and/or the Services, and other users may also contact such User by means of messages and comments.
Considering that the information (including Personal Data) collected from the User will be stored by Diabattle in its servers and/or in the servers owned by the cloud computing services provider located in the United States, User acknowledges and accepts that Personal Data may be transferred to the United States for processing. In any event, Diabattle clarifies that it shall only collect and transfer Personal Data to the United States: (i) with the User’s consent; and/or (ii) to enable Diabattle to operate and to provide Services to the User.
User acknowledges and accepts that Diabattle may purchase and/or sell assets, as well as share and/or transfer User’s information (including Personal Dara) as part of such transactions and/or as of its effective date. Likewise, in case Diabattle (and/or its assets or part of them) is purchased by a third party, terminate its activities, files for court reorganization or bankruptcy, or yet, undergoes a change of control, the User acknowledges and accepts that Personal Data may be accessed, transferred and/or purchased as assets by such third parties (including during preliminary stages, such as due diligence).
6. Security of Personal Data
7. User Rights
To the extent permitted by the applicable laws, the User may contact Diabattle to: (i) confirm that Personal Data is being processed; (ii) access Personal Data; (iii) correct Personal Data incomplete, inaccurate or outdated; (iv) anonymize, block or delete Personal Data unnecessary, excessive or treated in violation of the applicable laws; (v) carry Personal Data to other service provider or product, subject to trade secrets; (vi) delete Personal Data processed without consent from the respective titleholder; (vii) obtain information about sharing of Personal Data; (viii) obtain information about the possibility of lack of consent and its consequences; (ix) revoke consent in the form prescribed by the applicable laws. For such purposes, the User will have to contact the person in charge of data protection on Diabattle at firstname.lastname@example.org and Diabattle will reply within a reasonable period of time and in accordance with the applicable laws.
9. Governing Law and Venue