Privacy Policy

Interpretation and Definitions

Interpretation

Words whose initial is capitalized have meanings defined under the following conditions. The definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

• Account: A unique account created for you to access our Service or parts of the Service.
• Affiliate: An entity that controls, is controlled by, or is under common control with one of the parties.
• Company: Refers to FitCal, based in Brazil.
• Cookies: Small files placed on your device containing information about your browsing history.
• Device: Any device that can access the Service, such as a computer, phone, or digital tablet.
• Service: Refers to the FitCal website and/or application.
• You: The individual accessing or using the Service.

Collection and Use of your Personal Data

Types of Data Collected

By using our Service, we may ask you to provide identifying personal information, including:

• Email address
• First and last name
• Phone number
• Date of birth
• Address information
• Nutritional data provided by you

Additionally, we automatically collect Usage Data, such as information about your device, browser type and version, pages visited, and time spent on the Service.

Tracking Technologies and Cookies

We use Cookies and similar technologies to monitor activity on our Service. Cookie types:

• Essential Cookies: Necessary for the Service's functioning.
• Functional Cookies: Enhance the user experience.
• Analytical Cookies: Collect information for usage and performance analysis.
• Policy Acceptance Cookies: Store your preferences on terms acceptance.

Use of your Personal Data

The Company may use Personal Data for various purposes, including:

• Provide and maintain the Service.
• Manage your Account and provide unique functionalities.
• Execute contracts and process purchases.
• Contact you about updates or promotions.
• Personalize your experience on the Service.
• Perform analysis to improve the Service.

Sharing Personal Data

Your personal data may be shared in situations such as:

• With Service Providers.
• With advertising platforms. We send Meta (Facebook and Instagram) and TikTok conversion events, such as install and subscription, together with your email turned into an irreversible code (hash), to measure how our ads perform. These events do not include your health data: no weight, no height, no meals, no photos. These platforms are located in the United States.
• To Comply with Legal Obligations.
• With Affiliates.
• In Case of Mergers or Acquisitions.

Data Retention

The Company retains your Personal Data only for as long as necessary to fulfill the purposes described in this Privacy Policy. In practice, this means:

• Account and profile data (name, email, date of birth, nutritional data) is retained while your account remains active.
• Usage Data is generally retained for a shorter period, except when used to strengthen the security or improve the functionality of the Service, or when we are legally obligated to retain it for longer periods.
• When you delete your account, your Personal Data is permanently deleted from our systems within 30 days, except for data we are required to retain to comply with legal obligations, resolve disputes, or enforce our agreements.

Deletion of your Personal Data

You have the right to request the deletion of your Personal Data at any time. You can do this in two ways:

• In the app: Go to Settings and tap "Delete Account". Your account and all associated data will be permanently deleted.
• By email: Send a deletion request to suporte@fitcalai.app. We will process your request within 30 days.

Please note that we may retain certain information when required by law or when there is a legitimate legal basis for doing so, such as tax, accounting, or legal obligations.

Data Controller

Under Art. 9, II of the Brazilian LGPD, the controller of the personal data processed in the Service is:

• Legal entity: Fitcal Ltda.
• Company registry (CNPJ): 61.468.082/0001-98
• Brand operated: FitCal (fitcalai.app)
• Data Protection Officer (DPO): Reach us at contato@fitcalai.app, under Art. 41 of the LGPD. A postal address can be requested through that channel.

Legal Bases for Processing

We process your data under Arts. 7 and 11 of the LGPD, depending on the purpose:

• Consent (Art. 7, I and Art. 11, I): To process your sensitive health data — weight, height, age, sex, goal, logged meals, water intake and progress photos — used to calculate your nutrition targets and track your progress. Also to use the FitCal Coach, which involves an international transfer.
• Performance of a contract (Art. 7, V): To provide and maintain the Service, process your subscription and give you support.
• Legal obligation (Art. 7, II): To comply with legal or regulatory requirements and orders from competent authorities.
• Legitimate interest (Art. 7, IX): For information security, fraud prevention, community moderation and aggregate usage analysis, always respecting your fundamental rights.

International Data Transfer (Art. 33 of the LGPD)

Some of our processors are outside Brazil, mostly in the United States. Part of the processing therefore involves an international transfer. For each case we state below the basis under Art. 33 of the LGPD that allows it:

• Specific consent of the data subject (Art. 33, VIII): The FitCal Coach sends your meals of the day, weekly averages and targets to OpenAI in the United States. This depends on specific, highlighted consent, asked the first time you open the chat. You can decline and keep using the rest of the app, and revoke it later on the Privacy and data screen.
• Performance of a contract (Art. 33, V): We store your meal and progress photos on Amazon Web Services, process your subscription through Superwall and Stripe, and deliver notifications through Google/Firebase. These transfers are necessary to perform the contract you entered into by using the Service.
• Regular exercise of rights (Art. 33, IX): App error and crash reports are sent to Sentry in the United States, for diagnostics and information security.

Estimates and Artificial Intelligence

The calories and macronutrients calculated from your photos, voice descriptions and the FitCal Coach are estimates generated by artificial intelligence and may contain errors. FitCal is not a medical service, does not diagnose, and does not replace guidance from a dietitian or doctor. Do not make health decisions based on these estimates alone.

Children and Teenagers

FitCal is not intended for anyone under 18 and we do not knowingly collect data from children or teenagers. If we identify such an account, it will be closed and the data erased. If you are a guardian and believe a minor in your care gave us data, contact contato@fitcalai.app.

Data Security

We use technical and administrative measures to protect your data: encrypted traffic in transit, hashed passwords, photo access restricted through temporary signed links, and internal access limited to what is necessary. No method of transmission or storage is fully secure, and we cannot guarantee absolute security.

Security Incidents

If a security incident occurs that may cause relevant risk or harm to you, we will notify you and the Brazilian Data Protection Authority (ANPD) within a reasonable period, under Art. 48 of the LGPD, describing what happened, which data was affected and the measures taken.

Your Rights as a Data Subject

Under Art. 18 of the LGPD you may exercise the rights below at any time, free of charge. Most of them can be exercised directly in the app, on the Privacy and data screen: download a copy of all your data as JSON, see which consents you gave and under which version, and revoke the FitCal Coach consent. Permanent account deletion is on the account screen. For anything else, contact contato@fitcalai.app.

• Confirmation and access: Confirm whether we process data about you and access that data. You can download a full copy at any time in the app, under Privacy and data.
• Correction: Correct incomplete, inaccurate or outdated data.
• Anonymisation, blocking or erasure: Request anonymisation, blocking or erasure of unnecessary or excessive data, or data processed in breach of the LGPD.
• Portability: Request portability of your data to another provider, subject to trade and industrial secrets. The export available in the app gives you your data as JSON, a structured and machine-readable format, ready to be taken to another service.
• Erasure of data processed with consent: Request erasure of data processed on the basis of your consent, except where retention is required by law.
• Information on sharing: Learn which public and private entities we share your data with.
• Information on refusal: Be informed that you may refuse consent and what the consequences of refusing are.
• Withdrawal of consent: Withdraw your consent at any time. Withdrawal does not affect processing already carried out, and may prevent the use of features that depend on the withdrawn data.
• Review of automated decisions: Request review of decisions made solely by automated processing. FitCal target calculations are estimates based on public formulas and you can adjust them manually at any time.
• Complaint to the ANPD: File a complaint against the controller with the Brazilian Data Protection Authority.

How to Reach Us

To exercise your rights, ask about this Policy or reach our Data Protection Officer, email contato@fitcalai.app. We will reply as soon as possible, within the legal deadlines.

Changes to this Privacy Policy

We may update this Policy periodically. We recommend checking this page regularly for any changes.