This Privacy Policy explains how Mobile Services LLC (the «Company» or «we» or «us») collects, stores, uses, transfers and discloses Personal Data from our users («you») in connection with the mobile phone applications which we may own or operate currently or in the future (collectively, the "Mobile App"), the website getwelly.app (the "Website"), and all related services, features and content (collectively, the "Services").

We reserve the right to and may change this Privacy Policy from time to time. These changes shall become effective upon posting by us on the Website, the Mobile App, via the Service or sending you an email or other notification. You will be deemed to have agreed to such changes by your decision to continue accessing the Mobile App or otherwise using any of the Services following the date in which such changes become effective.

In some cases, you will have to explicitly accept changes to Privacy Policy to continue using the Mobile App. We encourage you to periodically review our Website and the Mobile App for the latest information on our data privacy practices. If you do not accept the terms of the Privacy Policy, we ask that you do not use the Mobile App. Please exit the Mobile App immediately if you do not agree to the terms of this Privacy Policy.

If the information covered by this section is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use it for any business purpose. To the extent information covered by this section is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection laws, it is referred to in this Privacy Policy as «Personal Data».

When you sign up to use the Mobile App, we may collect Personal Data about you such as your full name, email address or alias, sex or gender, date of birth, body measurements, eating and activity patterns, state of health, lifestyle habits.

When you use the Mobile App, you may choose to provide personal information about your health such as meal and water intakes data (time, contents, photo); hunger level, situations you are in, emotions, activity patterns, and other information about your health, lifestyle and activities (collectively, «Personal data»).

You will also have an option to permit us to import into the Mobile App data from third-party services such as Apple HealthKit. Such imported information may include: sports activities, weight, calories burnt, heartbeat rate, number of steps/distance traveled, and other information about your lifestyle and health.

Permitting us to access third party information can help us to maximize your Mobile App experience, and we will handle any such third-party information in full accordance with this Privacy Policy.

When you access or use the Mobile App, we may automatically collect the following information:

1.2.1 Device Information: We collect information about the mobile device you use to access the Mobile App, including the hardware model, information about the operating system and its version, unique device identifiers and mobile network information.

1.2.2 Location Information: We collect your IP address, time zone, and information about your mobile service provider, which allows us to infer your general location.

1.2.3 Information Collected by Tracking Technologies: We use various technologies to collect information about your use of the Mobile App, such as frequency of use, which areas and features of our Mobile App you visit and your use patterns generally, engagement tracking with particular features, your current subscription status, etc.

We may use third-party tools like Appsflyer, Apphud, Amplitude and Facebook SDK that provide us some of your attribution data that we further utilize to customize and personalize the Mobile App for you. We may also use such data for statistical purposes and analytics.

By becoming a registered user of the Mobile App and creating a user account ("Account"), you explicitly consent that:

I. WE MAY STORE AND PROCESS YOUR PERSONAL DATA YOU PROVIDE THROUGH THE USAGE OF THE MOBILE APP AND THROUGH THE ACCOUNT CREATION PROCESS SOLELY FOR THE PURPOSE OF PROVIDING SERVICES TO YOU, TO IMPROVE OUR SERVICE FEATURES AND OTHER PURPOSES INDICATED IN SECTION 2 OF THIS PRIVACY POLICY. SUCH SERVICES MAY INCLUDE SENDING YOU INFORMATION AND REMINDERS THROUGH THE MOBILE APP OR TO THE EMAIL ADDRESS YOU PROVIDED TO US.

II. PERSONAL DATA YOU PROVIDE TO US THROUGH THE ACCOUNT CREATION PROCESS INCLUDES PERSONAL DATA YOU ENTER INTO THE MOBILE APP, SUCH AS YOUR ACCOUNT DATA (E.G. YOUR NAME AND EMAIL ADDRESS), AND YOUR HEALTH DATA (E.G. BODY MEASUREMENTS, EATING PATTERNS, PHYSICAL ACTIVITY AND OTHERS). DEPENDING ON THE DATA YOU PROVIDE, IT MAY ALSO CONTAIN INFORMATION ABOUT YOUR GENERAL HEALTH (E.G. WEIGHT, BODY MEASUREMENTS, AND OTHERS).

III. WE WILL NOT TRANSMIT ANY OF YOUR PERSONAL DATA TO THIRD PARTIES UNLESS OTHERWISE IS PROVIDED BY THIS PRIVACY POLICY. PLEASE NOTE THAT WE WILL NEVER SHARE YOUR EXACT AGE OR ANY DATA RELATED TO YOUR HEALTH WITH ANY THIRD PARTIES.

We may use your information, including your Personal Data, for the following purposes:

a. to analyze, operate, maintain and improve the Mobile App, to add new features and services to the Mobile App;

b. to customize content, insights and patterns you see when you use the Mobile App;

c. to suggest changes in your eating patterns;

d. to provide and deliver the products and services you request, process transactions and send you related information, including confirmations and reminders;

e. to customize product and service offerings and recommendations to you, including third-party products and offerings (except data from Apple HealthKit);

g. to send you technical notices, updates, security alerts and support and administrative messages;

h. for billing (invoicing), account management and other administrative purposes, if applies;

i. to respond to your comments, questions and requests and provide customer service;

j. to monitor and analyze trends, usage and activities in connection with our Mobile App;

k. to link or combine with information we get from others or (and) from you to help understand your needs and provide you with better service (to use in training of neural networks, artificial intelligence, as well as for any other automated decision-making processing);

l. for scientific and academic research purposes;

m. for any other purposes disclosed to you at the time we collect Personal Data or any other purposes indicated in this Privacy Policy.

We will never sell, rent, or disclose your Personal Data. We may share only some of your Personal Data to our service providers strictly limited to cases and purposes stipulated in this Privacy Policy. We will not use the information gained through your use of the HealthKit and other frameworks for advertising or similar services, or sell it to advertising platforms, data brokers, or information resellers.

We will not process Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you in accordance with Section 2 of this Privacy Policy or collect any Personal Data that is not required for the mentioned purposes. For any new purpose of processing we will ask your separate explicit consent. To the extent necessary for those purposes, we take all reasonable steps to ensure that Personal Data is reliable for its intended use, accurate, complete, and current. We also undertake to collect only such amount and type of Personal Data that is strictly required for the purposes mentioned in this Section of the Privacy Policy («data minimization principle»).

Сontact us at [email protected] to exercise any of your privacy rights.

We will exercise them within 30 days after receipt. It may take us up to 90 days in some cases, for example for full erasure of your Personal Data stored in our backup systems. We will let you know if we need more time and explain the reasons for the delay.

You are able to modify, correct, erase, and update your Personal Data in the settings of the Mobile App or by writing us at [email protected]. Please be aware that erasing some Personal Data inserted by you may affect your possibility to utilize the Mobile App and its features. Erasure of some Personal Data may also take some time due to technical reasons.

The Mobile App gives you the ability to access and update Personal Data within the Mobile App and your account settings. You have a right to request information about whether we have any Personal Data about you, to access your Personal data (including in a structured and portable form) by simply writing us at [email protected].

You are responsible for ensuring the accuracy of your Personal Data that you submit to the Mobile App. Inaccurate information will affect your experience when using the Services and our ability to contact you as described in this Privacy Policy. If you believe that your Personal Data is inaccurate, you have the right to contact us and ask us to correct such Personal Data by contacting us at [email protected]. You shall also have the right to request restriction of processing of your Personal Data, if you contest the accuracy of the Personal Data and we need some time to verify its accuracy.

You can object processing your Personal Data and stop us from processing your Personal data, simply write us at [email protected]. Please be aware that erasing some Personal Data inserted by you may affect your possibility to use the Mobile App and its features.

Subject to applicable laws, you may have a right to lodge a complaint with your local data protection authority about any of our activities (related to your privacy rights, among others) that you think are not compliant with applicable law. However, if you think that we do something incorrectly, let us know first at [email protected]. We care about your privacy and want to make sure that we did everything to address any of your concern.

Please keep in mind that in case of vague access, erasure, objection request or any other request in exercise of the mentioned rights we may engage the individual in a dialogue so as to better understand the motivation for the request and to locate responsive information. We may also refuse manifestly unfounded and excessive (repetitive) requests. Subject to applicable laws, we might also require you to prove your identity (for example, by requesting an ID or any other proof of identity) in order for you to invoke the mentioned rights, specifically if you exercise them in respect to special categories of Personal Data like data about health. This is made to ensure that no rights of third parties are violated by your request, and the rights described in this section are exercised by an actual Personal Data subject or an authorized person.

Please note that we will grant your request within 30 days after receiving it, but it may take us up to 90 days in some cases, for example for full erasure of your Personal Data stored in our backup systems - this is due to the size and complexity of the systems we use to store data.

We may share your Personal Data, including performance measurement information associated with Account that is collected or generated through the Services. Personal Data may occasionally be transferred to third parties who act for the Company for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you has subsequently consented. If we transfer Personal Data to an outside agent or organization for such purpose, we will take appropriate measures in an effort to protect your privacy and the Personal Data we transfer.

We may, in our sole discretion, share or transfer Personal Data where permitted or required by law, to comply with legal process, to interact with anti-fraud databases, to protect your vital interests, to protect the security or integrity of our databases or the Website and the Mobile App, to enforce the Terms of Use or protect the business or reputation of the Company, to take precautions against legal liability, to protect and defend the rights or property of the Company, for required institutional risk control, or for resolving disputes, inquiries or complaints with respect to your use of the Website, the Mobile App and Services.

We reserve the right to disclose and transfer all Personal Information: (i) to an operator of the Website or Mobile App or applicable database provided such entity agrees to be bound by the terms and conditions hereof to the extent applicable; or (ii) to a successor in interest of the Company in connection with a merger, consolidation, restructuring, change of control, the sale of substantially all of the Company's interests and/or assets or other organizational change, including, during the course of any due diligence process, provided such successor entity agrees to be bound by the terms and conditions hereof.

All third-party services regulated by this Section 5 of the Privacy Policy are either EU-based or compliant with the GDPR (for example, EU-US Privacy Shield Framework that ensures that the European data protection requirement is met).

We may share aggregated, anonymized or de-identified information, which cannot reasonably be used to identify you, including with our partners or research institutions. For example, we may share, including, without limitation, in articles, blog posts and scientific publications, general age demographic information and aggregate statistics about certain activities or symptoms from data collected to help identify patterns across users.

We will retain your Personal Data as long as your Account is active or needed to provide you services, and only for as long as it serves purposes of processing identified in Section 2 of this Privacy Policy. At any time, you can remove your Personal Data as specified in Section 4 of this Privacy Policy.

You should be aware that we may retain certain Personal Data and other information after your account has been terminated in an aggregated, anonymized form. We reserve the right to use your information in any aggregated data collection after you have terminated your Account, however we will ensure that the use of such information will not identify you personally. We will also retain your Personal Data as necessary to comply with legal obligations, resolve disputes and enforce our agreements.

If you remove data from your Account, you will no longer see it in the Mobile App, but some backups of the data may remain in our archive servers for a reasonable period of time due to technical solutions we use. However, we undertake to delete any such backups within a reasonable period of time.

If you choose to delete the Mobile App, deactivate your Account, we retain your Personal data for as long as your Account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.

We take all reasonable and appropriate measures to protect all collected Personal Data from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the nature of the Personal Data that we process and risks associated with special categories of Personal Data we collect (information about health).

Among others, we utilize the following information security measures to protect your Personal Data:

a. Systematic vulnerability scanning and penetration testing;

b. Protection of data integrity;

c. Organizational and legal measures.

Our employees have different levels of access to your Personal Data and only those in charge of data management get access to your Personal Data and only for limited purposes required for the operation of the Mobile App. We impose strict liability on our employees for any disclosures, unauthorized accesses, alterations, destructions, misuses of your Personal Data.

Please understand that you can help keep your information secure by choosing and protecting your password appropriately, not sharing your password and preventing others from using your mobile device. Please understand that no security system is perfect and, as such, we cannot guarantee the absolute security of the Mobile App, or that your information won't be intercepted while being transmitted to us. If we learn of a security systems breach, we may either post a notice, or attempt to notify you by email and will take reasonable steps to remedy the breach as specified in this Privacy Policy.

We process information in a way that is compatible with and relevant for the purpose for which it was collected. To the extent necessary for those purposes, we take reasonable and appropriate steps to ensure that any information in our care is accurate, complete, current and reliable for its intended use.

We are committed to protecting the privacy of children. You should be aware that this Mobile App is not intended or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.

Although the Mobile App may contain links to third-party websites or services, we are not responsible for the privacy policies and/or practices of those third-party websites or services. Please understand that this Privacy Policy applies only to information we collect from you. Where we have linked to a third-party website or service, you should read the privacy policy stated on that third-party website or service.

To process payments for particular features and functions of the App, we may engage third-party payment providers.

For example, we use Apple for the processing of payments in connection with our subscriptions offered on the App Store. Please note that we never collect and we are not responsible for the collection or security of banking, financial, and payment information. Such information is processed and stored by Apple only. Apple can be contacted through their website:https://apple.com.

We may contact you from time to time via email to communicate with you about products, services, offers, promotions, rewards, and events offered by us and others, and provide news and information that we think will be of interest to you. You can always opt out of receiving emails by unsubscribing via the "Unsubscribe" link contained in the email. Opting-out of these emails will not end the transmission of important service-related emails that are necessary to your use of the Mobile App. If applicable laws prescribe so, certain exclusions may apply to the residents of some countries regarding an active opt-in for any email communications from us. We may ask such users to provide their consent for any such communications at the registration screen.

In such communications, we may also use surveys to receive your answers and feedback on various topics. Such information given by you via such surveys is processed by us for the purposes set forth in this Privacy Policy.

In order to provide communication services, we may engage third-party service providers to carry out such newsletter services, surveys or notifications campaigns. You can find the privacy policies of these services on their websites. These companies are compliant with the EU-US Privacy Shield Framework that ensures that European data privacy requirements are met.

General. The Company is based in the Republic of Armenia and the information we collect is governed by Armenian law. Please be advised that Armenian law and laws of other countries may not offer the same protections as the law of your jurisdiction.

In addition, you agree that information collected through the Mobile App may be stored and processed in the U.S., where the Company rents servers, or in any other country in which the Company or its affiliates, subsidiaries or agents maintain facilities, and by using the Mobile App, you consent to any such transfer of information outside of your country.

Complaints and Dispute Resolution. In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at [email protected].

Arbitration. You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from JAMS; and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney's fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the resident. The arbitration option may not be invoked if the individual's same claimed violation of the Principles (1) has previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which the individual was a party; or (3) was previously settled by the parties.

To communicate with our Data Protection Officer, please email at [email protected] for DPO.

If you have any questions or concerns about your privacy, any provisions of this Privacy Policy or any of your rights, you may contact us at [email protected]