Mobile App Privacy Policy

Effective Date: January 1, 2020

This Mobile App Privacy Policy (“Privacy Policy”) applies to the Simply Good Foods USA, Inc. Atkins Carb Counter & Meal Tracker mobile application (our “App”). By using our App, you agree that your information, including your personal information, will be handled as described in this Privacy Policy.

This Privacy Policy supplements and incorporates by reference the following applicable additional terms (referred to herein as the “Policies”): the Mobile App Terms of Use; our Simply Good Foods USA, Inc. Privacy Policy; and our Simply Good Foods USA, Inc. Terms of Use. In the event of a conflict between our Simply Good Foods USA, Inc.  Privacy Policy and this one, this one applies with respect to the services that are provided exclusively on the App. Please note that our practices with regard to information collection and disclosure are different in our website and on our App; therefore, if you use both, please review all applicable policies.

Information We Collect Directly From You

You are required to provide us with personal information to use certain features offered in the App. The type of information and how much you provide to us is up to you and will depend on your desired interactions with the App. Among other features, you may use our App to obtain nutritional information for groceries, restaurant meals, Atkins recipes and products; keep track of your daily net carbs and your weight over time; discover foods and order an Atkins quick start kit. From time to time, we also may ask you to participate in a survey, and we will collect the information that you choose to provide to us through that survey.

Examples of information you may elect to share with us include:

  • Contact information (your name, email address, mailing address and phone number)
  • Information regarding your current weight and height and nutritional goals
  • Any other information that you choose to provide to us

Information We Collect Automatically

We will track user interaction with our App. If you do not want us to collect this information from you, please do not use our App. Through various technologies (which may include cookies or similar files designed to work with mobile apps) we, and/or our third party service providers, will collect:

  • Information from your camera to enable you to use the barcode scanner (please note: we do not collect pictures that you might store on your device)
  • Device ID or alternative ID where required by the platform provider
  • Length of time spent on our App, what features you use, where you click within our App
  • Installations
  • Clicks
  • Gestures

Please see the Cookies and Other Tracking Technologies section of our Simply Good Foods USA, Inc. Privacy Policy for additional information.

How Do We Use Your Information?

In general, we use your information to provide and improve our services, to communicate with you, to send you offers and other promotional information, and for related purposes. For example, we use your information, including your personal information (collectively, “information”) for the following purposes:

  • To provide our App and services to you, to communicate with you about your use of our services or our App, to respond to your inquiries, to manage your account, to send you information that you have requested, and for other customer service purposes.
  • To keep you up to date on product announcements, special offers or other information we think you would like to hear about.
  • To tailor the content and information that we may send or display to you, to offer location customization (e.g., for our restaurant finder), and personalized help and instructions, and to otherwise personalize your experiences while using the App or our services.
  • For marketing and advertising purposes through various marketing channels, including, without limitation, sending you promotional emails and newsletters, and for advertising on social media platforms and through App ads.
  • To better understand how users access and use our App and services, both on an aggregated and individualized basis, in order to improve our App and services, to respond to user desires and preferences, and for other research and analytical purposes.
  • To enable access to our websites.
  • If you opt-in, to send you alerts/push notifications (for example, the information that we collect automatically from you enables us to determine where to send your push notifications).
  • As we may notify you from time to time.
  • As permitted by law.

Additional Information About Carb Tracker and Barcode Scanner – And Your Choices

Your ability to turn off (or turn on) certain features of our App is governed by your device, not us. On certain devices, you may disable features. On other devices, you must accept this feature in order to use our App.

We also will ask permission to access your camera to facilitate your ability to use the barcode scanner feature on our App. We do access your photos stored in your camera. On some devices, you must permit us to access your camera in order to use our App.

Synching with Fitness Devices and Our Websites

Your log in credentials for our App also will enable access to our websites (where registration is required). We will share information between our App and our websites to facilitate your ability to access both without having to create an account twice. In addition, you may synch certain fitness devices (which may change from time to time) with our App, which will enable you track data from your fitness device through the App.

Sharing Your Information

We do not share your personal information with non-affiliated third parties for their own marketing purposes. We may share your information, including information that we collect directly from you, information that we collect about you from third parties, and information that we collect automatically, for the following purposes and with the following persons/entities:

  • Affiliates. Our affiliates may combine your information with information that they collect about you. Our affiliates may use your information (whether alone, combined with other information, or in the aggregate) for their everyday business purposes; as part of the services that they provide to you; and to develop products or services.
  • Service Providers. Such as entities that assist us with consulting, marketing, advertising, information technology, and any other services that we use in our operations.
  • Business Transfers. In connection with a sale, purchase, merger, or reorganization.
  • Legal. When we believe it is necessary to protect the rights, property, safety of us or to comply with a judicial proceeding, court order, or legal process, or as evidence in litigation in which we are involved. Also, to law enforcement, government representatives or others where required by law.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

Tracking Mechanisms/Analytics

We and our third party service providers use tracking mechanisms designed specifically for mobile apps to track information about your use of our App. We use these tools to help us improve our services, performance and user experiences. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Currently, our systems do not recognize mobile browser “do-not-track” requests. You may, however, opt-out of analytics by visiting the Google Analytics Opt-out page and https://tools.google.com/dlpag…

Security

We recognize the importance of maintaining the security of your information.  We have implemented technical, administrative, and physical security measures designed to protect your information from unauthorized access, disclosure, use, and modification.  Please note that no App is 100% secure, and you should implement certain measures (e.g., password protection) to assist in the protection of the personal information you upload and store on your device.

Notice to California Residents

The California Consumer Privacy Act of 2018, as amended (Cal. Civ. Code § 1798.100 to 1798.199), and related regulations (CCPA) , requires that we describe our handling of California consumer personal information by reference to the categories of personal information defined in the statute.  This section outlines the categories of personal information that we collect, the sources of the information, with whom we share the information, and the rights available to consumers.

Categories of Personal Information We Collect and How We Use and Disclose that Information

In the past twelve (12) months, we have collected, used, and disclosed the following categories of personal information:

Category of Personal Information Category of Source Business or commercial purpose(s) for collection Categories of third parties with whom we share
Identifiers Directly from you Manage the Mobile App and your account; marketing and advertising; communications; personalization Service Providers
Categories of personal information described in subdivision (e) of Section 1798.80, including physical characteristics or description Directly from you Communications; personalization We do not share this information with third parties
Biometric information, including sleep, health, or exercise data Directly and indirectly from you Communications; personalization We do not share this information with third parties
Internet or other electronic network activity Indirectly from you Marketing and advertising; personalization; analytics Service Providers

California Consumer Rights

If you are a resident of California, you have the following rights:

  • Right to Know.  You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.  Once we receive and confirm your verifiable consumer request, we will disclose to you:
    • The categories of personal information we collect about you.
    • The categories of sources for the personal information we collected about you.
    • Our business and commercial purpose for collecting and selling that personal information.
    • The categories of third parties with whom we share that personal information.
    • The specific pieces of personal information we collected about you.
    • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (i) sales, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  • Right to Delete.  You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.  Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.  If so, we will notify you in our response than an exception applies and identify that exception.
  • To exercise your rights, please submit a verifiable consumer request to us by emailing contactus@atkins.com or completing the form at www.atkins.com/contact-us.  To verify your identity we may ask you for additional information, which may include asking you to confirm other personal information you have provided to us.  We reserve the right to deny any requests for which identity cannot be verified.  If you have authorized another person to make a request on your behalf, that person must provide to us your written authorization allowing them to make such a request on your behalf.  We reserve the right to deny any request by an authorized agent if we are not reasonably able to confirm proper authorization.
  • We will not discriminate against you for exercising any of your rights under California law.  Unless permitted by California law, we will not:
    • Deny you goods or services;
    • Charge you a different price or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
    • Provide you a different level or quality of goods or services;
    • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
  • CCPA provides a right to opt-out of the sale of personal information as that sale is defined in the statute.  We do not sell California consumer personal information for monetary consideration; however, we may share information with third parties to help us better advertise to you.  You may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section above.
  • We do not collect personal information of consumers we know are less than 16 years of age.

Contact Us

Please contact us by sending an email to contactus@atkins.com or you can write to us at:

Simply Good Foods USA, Inc.
Attention: Legal Department/Privacy
1225 17th Street, Suite 1000
Denver, CO 80202

To have personal information that you have submitted to our App changed or deleted, send us an email at contactus@atkins.com or call us toll free 1-800-6ATKINS (1-800-628-5467).

Changes to this Privacy Policy

We may modify this Privacy Policy from time to time, and we will post changes to this Privacy Policy. If we make changes that materially affect the way in which we use your information, we may attempt to notify you in advance of such changes or provide other notice as required by law.