Welcome to PhenoX!
PhenoX enables people to connect with each other, build communities, and reach their health and fitness goals. These Terms govern your use of PhenoX, and the other products, features, apps, services, technologies, and software we offer (the PhenoX Products or Products), except where we expressly state that separate terms (and not these) apply.
Our Privacy Policy explains how we collect and use your personal data to determine some of the content, etc. you see and provide all of the other services described below. You can also go to your settings at any time to review the privacy choices you have about how we use your data.
Waiver
Always consult a physician prior to beginning any exercise or diet program. Gordon Briley, Briley Fitness LLC, PhenoX Fitness LLC (hereinafter, PhenoX Fitness) is not a licensed physician or medical provider, but rather a certified Personal Trainer and Nutrition Coach. Dr. Janelle Routhier is solely a consultant and in no way should the information provided by her or PhenoX Fitness be considered medical advice, and at all times the advice of a medical professional should supersede recommendations from PhenoX Fitness. The information provided by Dr. Janelle Routhier is for general informational purposes only. It does not constitute the practice of medicine, nursing or other professional healthcare services, including the giving of medical advice. And note, no doctor/patient relationship is formed. The use of this information and the materials linked to the challenge is at the users’ own risk, the information provided by Dr. Janelle Routhier is not intended to be a substitute for professional medical advice, diagnoses or treatment. Users should not disregard or delay in obtaining medical advice for any medical condition they have and should seek the assistance from their own personal health care professionals for any such conditions. Dr. Janelle Routhier is included in all of the following release of liability under PhenoX Fitness LLC.
PhenoX Fitness assumes no responsibility for the improper use of, and self-diagnosis using, the information conveyed as part of my nutritional coaching or training programs/challenges. The information contained in the nutritional coaching or training programs is provided for informational purposes only and is not meant to act as a substitute for the advice provided by your own physician, or other medical professional. Only you and your doctor can determine what is healthy, right or safe for you. Clients who fail to consult their physician(s) prior to starting a diet or exercise program expressly assume the risk of any adverse effects. None of the information provided by PhenoX Fitness is intended to be a treatment protocol for any disease or medical condition, but rather is offered to provide information, choices and suggestions regarding nutritional, diet and training support. Coaching results are not guaranteed. You enter into health coaching with the understanding that you are responsible for creating your own results. As the Coach, my responsibility is to help inspire you in your effort to achieve the health-related goals and results you seek. The results are not in any way guaranteed and may not occur in all individuals. PhenoX Fitness provides its services on an “as is” basis and makes no representations or warranties of any kind with respect to its information, website, promotional materials, articles, blog posts, videos, nutritional coaching or any other information conveyed.
Please consult your own physician or health care provider about the applicability of any opinions or suggestions with respect to your own symptoms or medical conditions, if they exist. PhenoX Fitness shall not be liable for damages arising out of or in connection with the use of our services. These services are not intended to diagnose, treat, cure or prevent any disease. Use of the nutritional and/or exercise information provided by PhenoX Fitness is at the sole choice and risk of the client. PhenoX Fitness is not responsible, nor liable, for any harm or injury resulting from the use of the information provided by PhenoX Fitness. Always consult your doctor before making any changes to your exercise, diet or nutrition program. If you choose not to obtain the consultation, advice and consent of your physician while using any information provided by PhenoX Fitness, you are agreeing to accept full responsibility for your actions. PhenoX Fitness is committed to the privacy of its clients and all of their personal information, data and images. I have read and fully understand the need for me to consult with my own medical practitioners prior to beginning this or any new program. Further, I release and indemnify PhenoX Fitness and Dr. Janelle Routhier from any and all claims arising out of my use of PhenoX Fitness services. You have selected this service by your own informed choice.
Our mission is to give people the power to build a positive community and reach their health and fitness goals. To help advance this mission, we provide the Products and services described below to you:
Provide a personalised experience for you:
Your experience on PhenoX is unlike anyone else’s: from the posts, stories, and other content you see in News Feed to the Groups you follow and other features you might use, such as Discussions, Documents, and Athlete Logs. We use the data we have – for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products – to personalise your experience.
Connect you with people and organisations you care about:
We help you find and connect with people, groups, and others that matter to you across the PhenoX Products you use. We use the data we have to make suggestions for you and others – for example, groups to join, Groups to follow or send a message to, videos to watch, and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and topics they care about.
Empower you to express yourself and communicate about what matters to you:
There are many ways to express yourself on PhenoX and to communicate with friends, family, and others about what matters to you – for example, sharing status updates, photos, videos, and stories across the PhenoX Products you use, sending messages to a friend or several people, creating discussions or groups, or adding content to your profile. We have also developed, and continue to explore, new ways for people to use technology, such as video and audio to create and share more expressive and engaging content on PhenoX.
Help you discover content, products, and services that may interest you:
We may show you options to help you discover content, products, and services that are offered by our businesses partners.
Combat harmful conduct and protect and support our community:
People will only build a community on PhenoX if they feel safe. We are dedicated to detecting misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement.
Use and develop advanced technologies to provide safe and functional services for everyone:
We use and develop our Products so that people can use our Products safely regardless of physical ability or geographic location. For example, technology to help people who have visual impairments understand what or who is in photos or videos shared on PhenoX.
Research ways to make our services better:
We engage in research to develop, test, and improve our Products. This includes analysing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Privacy Policy explains how we use data to support this research for the purposes of developing and improving our services.
Provide consistent and seamless experiences across the PhenoX Products:
Our Products help you find and connect with people, groups, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different PhenoX Products that you use. For example, we aim to deliver a consistent experience whether you access PhenoX on a desktop, mobile device or native application.
Our membership system may show you ads that business pay us to promote on and off the PhenoX Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.
Protecting people’s privacy is central to how we’ve designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads (for example, people between the age of 18-35 who like nutrition). We then show their ad to people who might be interested.
We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off PhenoX. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in London and likes weight lifting) to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission.
We collect and use your personal data in order to provide the services described above to you. You can learn about how we collect and use your data in our Privacy Policy. You have controls over the types of ads and advertisers you see, and the types of information we use to determine which ads we show you.
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
– Use the same name that you use in everyday life.
– Provide accurate information about yourself.
– Create only one account (your own) and use your timeline for personal purposes.
– Not share your password, give access to your PhenoX account to others, or transfer your account to anyone else (without our permission).
We try to make PhenoX broadly available to everyone, but you cannot use PhenoX if:
– You are under 18 years old.
– You are a convicted sex offender.
– We’ve previously disabled your account for breaches of our Terms or Policies.
– You are prohibited from receiving our products, services, or software under applicable laws.
We want people to use PhenoX to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
You may not use our Products to do or share anything:
– That breaches these Terms, our Community Standards, and other terms and policies that apply to your use of PhenoX.
– That is unlawful, misleading, discriminatory or fraudulent.
– That infringes or breaches someone else’s rights, including their intellectual property rights.
– You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
– You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove or block content that is in breach of these provisions.
If we remove content that you have shared for violation of our Community Standards we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
To help support our community, we encourage you to report content or conduct that you believe breaches your rights (including intellectual property rights) or our terms and policies.
We need certain permissions from you to provide our services:
Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on PhenoX and the other PhenoX Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.
Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on PhenoX, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other PhenoX Products you use. This license will end when your content is deleted from our systems.
You can delete content individually or all at once by deleting your account. You can download a copy of your data at any time before deleting your account.
When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where:
– immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
– your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
– where immediate deletion would restrict our ability to:
– investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
– comply with a legal obligation, such as the preservation of evidence; or
– comply with a request of a judicial or administrative authority, law enforcement or a government agency;
– in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
In each of the above cases, this license will continue until the content has been fully deleted.
Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on PhenoX next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised product or have liked a Post created by a brand that has paid us to display its ads on PhenoX. Ads like this can be seen only by people who have your permission to see the actions you’ve taken on PhenoX.
Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on PhenoX), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests.
We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the PhenoX community, you can delete your account at any time.
We want PhenoX to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
You can learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3.3.1, 4.2-4.5.
Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights.
We will exercise professional diligence in providing our Products and services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the PhenoX Products (“claim”), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the United Kingdom and that UK law will govern these Terms and any claim, without regard to conflict of law provisions.
PhenoX is not a doctor or registered dietitian. Any advice provided should not be taken as medical advice. It is not intended to diagnose, treat, cure, or prevent any health problem – nor is it intended to replace the advice of a physician. Always consult your physician or qualified health professional on any matters regarding your health. You understand that supplement and medication recommendations are made for entertainment purposes only and local laws should always be consulted before purchasing any supplements or medication.
You are fully aware of the risks and hazards connected with the activities of physique development, bodybuilding, contest preparation and supplementation, and that such activities include the risk of injury and even death, and thereby elect to voluntarily participate in said activities. You understand that PhenoX does not require you to participate in this activity and you voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by yourself, as a result of being engaged in such activities, whether caused by the negligence of releases or otherwise, to the fullest extent allowed by law
You hereby release, waive, discharge, and covenant not to sue PhenoX, its officers, agents, or employees (hereinafter referred to as releases) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by yourself, while participating in such activities, regardless whether such loss is caused by the negligence of the releases, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
You further hereby agree to indemnify and hold harmless the releases from any loss, liability, damage, or costs, including court costs and attorneys fees that releases may incur due to your participation in said activities, whether caused by negligence of releases or otherwise, to the fullest extent allowed by law.
You express intent that this Waiver and Hold Harmless Agreement shall bind the members of your family and spouse, if you are alive, and your heirs, assigns and personal representatives, if you are deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue the above-named releases.
These Terms make up the entire agreement between you and PhenoX regarding your use of our Products. They supersede any prior agreements.
Some of the Products we offer are also governed by supplemental terms. If you use any of these Products, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or post for your business, you must agree to our Commercial Terms. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
You may designate a person (called a legacy contact) to manage your account if it is memorialised. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialised.
These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life). We will inform you in advance if we have to do this and explain why.
We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
Date of Last Revision: December 15, 2022
This policy describes the information we process to support PhenoX and other products and features offered by PhenoX (PhenoX Products or Products). You can find additional tools and information in the PhenoX Settings.
What kinds of information do we collect?
To provide the PhenoX Products, we must process information about you. The types of information we collect depend on how you use our Products. You can learn how to access and delete information we collect by visiting the PhenoX Settings.
Things you and others do and provide. Information and content you provide.
We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. Our systems automatically process content and communications you and others provide to analyse context and what’s in them for the purposes described below. Data with special protections: You can choose to provide information in your PhenoX profile fields or posts about your religious views, political views, who you are “interested in,” or your health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) is subject to special protections under EU law.
Networks and connections.
We collect information about the people, posts, accounts, hashtags and groups you are connected to and how you interact with them across our Products, such as people you communicate with the most or groups you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things like helping you and others find people you may know and for the other purposes listed below.
Your usage.
We collect information about how you use our Products, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you’re using and have last used our Products, and what posts, videos and other content you view on our Products.
Information about transactions made on our Products.
If you use our Products for purchases or other financial transactions (such as when you make a purchase in a group or make a donation), we collect information about the purchase or transaction.
Things others do and information they provide about you.
We also receive and analyse content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you, or upload, sync or import your contact information.
Device Information
As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices you use. For example, we use information collected about your use of our Products on your phone to better personalise the content (including ads) or features you see when you use our Products on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad we showed you on your phone on a different device.
Information we obtain from these devices includes:
Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
Device operations: information about operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs (or other identifiers unique to PhenoX Products associated with the same device or account).
Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network, so we can do things like help you stream a video from your phone to your TV.
Cookie data: data from cookies stored on your device, including cookie IDs and settings.
Information from partners.
Partners receive your data when you visit or use their services or through third parties they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing any data to us.
How do we use this information?
We use the information we have (subject to choices you make) as described below and to provide and support the PhenoX Products and related services described in the PhenoX Terms.
Here’s how:
Provide, personalise and improve our Products.
We use the information we have to deliver our Products, including to personalise features and content (including your News Feed and ads) and make suggestions for you (such as groups or posts you may be interested in or topics you may want to follow) on and off our Products. To create personalised Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others (including any data with special protections you choose to provide where you have given your explicit consent); how you use and interact with our Products; and the people, places, or things you’re connected to and interested in on and off our Products.
Information across PhenoX Products and devices: We connect information about your activities on different PhenoX Products and devices to provide a more tailored and consistent experience on all PhenoX Products you use, wherever you use them.
Location-related information: We use location-related information-such as your current location, where you live, the places you like to go, and the businesses and people you’re near-to provide, personalise and improve our Products, including ads, for you and others. Location-related information can be based on things like precise device location (if you’ve allowed us to collect it), IP addresses, and information from your and others’ use of PhenoX Products.
Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.
Ads and other sponsored content: We use the information we have about you – including information about your interests, actions and connections-to select and personalize ads, offers and other sponsored content that we show you.
Provide measurement, analytics, and other business services. We use the information we have (including your activity off our Products, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps, and services. Learn how we share information with these partners.
Promote safety, integrity and security. We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of PhenoX Products. For example, we use data we have to investigate suspicious activity or violations of our terms or policies, or to detect when someone needs help.
Communicate with you. We use the information we have to send you marketing communications, communicate with you about our Products, and let you know about our policies and terms. We also use your information to respond to you when you contact us.
How is this information shared?
Your information is shared with others in the following ways:
Sharing on PhenoX Products
People and accounts you share and communicate with When you share and communicate using our Products, you choose the audience for what you share. For example, when you post on PhenoX, you select the audience for the post, such as a group, all of your friends, the public, or a customised list of people. Public information can be seen by anyone, on or off our Products, including if they don’t have an account. This includes any information you share with a public audience; information in your public profile on PhenoX; and content you share on a PhenoX group.
Content others share or reshare about you
You should consider who you choose to share with, because people who can see your activity on our Products can choose to share it with others on and off our Products, including people and businesses outside the audience you shared with. For example, when you share a post or send a message to specific friends or accounts, they can download, screenshot, or reshare that content to others across or off our Products, in person or online. Also, when you comment on someone else’s post or react to their content, your comment or reaction is visible to anyone who can see the other person’s content, and that person can change the audience later. People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you in a post, mention or tag you at a location in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our Products, you can report the content.
Information about your active status or presence on our Products.
People in your networks can see signals telling them whether you are active on our Products, including whether you are currently active on PhenoX, or when you last used our Products.
Apps, websites, and third-party integrations on or using our Products.
When you choose to use third-party apps, websites, or other services that use, or are integrated with, our Products, they can receive information about what you post or share. Also, when you download or use such third-party services, they can access your public profile on PhenoX, and any information that you share with them. Apps and websites you use may receive your list of PhenoX friends if you choose to share it with them. But apps and websites you use will not be able to receive any other information about your PhenoX friends from you, or information about any of your PhenoX followers (although your friends and followers may, of course, choose to share this information themselves). Information collected by these third-party services is subject to their own terms and policies, not this one. Devices and operating systems providing native versions of PhenoX (i.e. where we have not developed our own first-party apps) will have access to all information you choose to share with them, including information your friends share with you, so they can provide our core functionality to you.
New owner
If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner.
Sharing with Third-Party Partners
We work with third-party partners who help us provide and improve our Products or who use PhenoX Tools to grow their businesses, which makes it possible to operate our companies and provide services to people around the world. We don’t sell any of your information to anyone, and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties we share information with:
Partners who use our analytics services.
We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their posts, listings, groups, videos and other content on and off the PhenoX Products.
Advertisers.
We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don’t share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission.
Measurement partners.
We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners.
Partners offering goods and services in our Products.
When you subscribe to receive premium content, or buy something from a seller in our Products, the content creator or seller can receive your public information and other information you share with them, as well as the information needed to complete the transaction, including shipping and contact details.
Vendors and service providers.
We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analysing how our Products are used, providing customer service, facilitating payments or conducting surveys.
Researchers and academics.
We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that support our business or mission, and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health and well-being.
Law enforcement or legal requests.
We share information with law enforcement or in response to legal requests.
What is our legal basis for processing data?
We collect, use and share the data that we have in the ways described above: – as necessary to fulfill our PhenoX Terms of Service; – consistent with your consent, which you may revoke at any time through the PhenoX Settings; – as necessary to comply with our legal obligations; – to protect your vital interests, or those of others; – as necessary in the public interest; and – as necessary for our (or others’) legitimate interests, including our interests in providing an innovative, personalized, safe, and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data.
How can you exercise your rights provided under the GDPR?
Under the General Data Protection Regulation, you have the right to access, rectify, port and erase your data. You also have the right to object to and restrict certain processing of your data. This includes: – the right to object to our processing of your data for direct marketing, which you can exercise by using the “unsubscribe” link in such marketing communications; and – the right to object to our processing of your data where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party. You can exercise this right on PhenoX.
Data retention, account deactivation and deletion
We store data until it is no longer necessary to provide our services and PhenoX Products, or until your account is deleted – whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. When you delete your account, we delete things you have posted, such as your photos and status updates, and you won’t be able to recover that information later. Information that others have shared about you isn’t part of your account and won’t be deleted. If you don’t want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead.
How do we respond to legal requests or prevent harm?
We access, preserve and share your information with regulators, law enforcement or others: In response to a legal request, if we have a good-faith belief that the law requires us to do so. We can also respond to legal requests when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognised standards. When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorised use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products. Information we receive about you (including financial transaction data related to purchases made with PhenoX) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.