We at JS Capital Ventures LLC respect the privacy of your personal information and make every effort to ensure your information is protected and remains private. As the owner and operator of http://www.consistent.fit (the “Website”), and our mobile application Consistent (the “App”), hereafter referred to in this Privacy Policy as “Consistent”, “us”, “our” or “we”, we have provided this Privacy Policy to explain how we collect, use, share and protect information about the users of our Website and mobile App (hereafter referred to as “user”, “you” or “your”). For the purposes of this Agreement and our Terms of Service, any use of the terms “Consistent”, “us”, “our” or “we” includes JS Capital Ventures LLC, without limitation. This Privacy Policy is incorporated by reference in the Consistent Terms of Service, which govern your use of our Services. We will not use or share your personal information with anyone except as described in this Privacy Policy.
By checking the box acknowledging that you have read and agree to this privacy policy and providing explicit consent at the time of your registration for your account, and by accessing or using our services, you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information (collectively, “use of your information”) as described in this privacy policy and our terms of service which may be accessed here. https://consistent.fit/terms. If you do not, or no longer, agree with or consent to this privacy policy and our terms of service you may not access or use our services. Furthermore, for users of our services providing information from the European Union, we rely upon the legal grounds found in the section entitled “the legal basis and reasons for collection and processing your personal information” found hereinafter in this privacy policy.
This Privacy Policy will inform you about the types of personal data we collect, the purposes for which we use the data, the ways in which the data is handled and your rights with regard to your personal data. Furthermore, this Privacy Policy is intended to satisfy the obligation of transparency under the EU General Data Protection Regulation (“GDPR”) and the laws implementing GDPR.
For the purpose of this Privacy Policy the Data Controller of personal data is JS Capital Ventures LLC and our contact details is set out in the Contact section at the end of this Privacy Policy. Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
“Your Information” or “Personal Data” means information about you, which may be of a confidential or sensitive nature and may include personally identifiable information (“PII”) and/or financial information. PII means individually identifiable information that would allow us to determine the actual identity of a specific living person, while sensitive data may include information, comments, content and other information that you voluntarily provide.
Consistent collects information about you when you use our Website or App to access our services, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. The term Services includes,collectively, various applications, websites, email notifications and other mediums, or portions of such mediums, through which you have accessed this Privacy Policy.
We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by sending you a notice to your registered email address and by posting the revised Privacy Policy on the Site and in the App. If the changes to the Privacy Policy are significant, the email notice we send you will require you to accept the revised Privacy Policy terms. Those changes will go into effect on the “Last updated” date shown at the end of this Privacy Policy. By continuing to use the Site or Services, you consent to the revised Privacy Policy. We encourage you to periodically review the Privacy Policy for the latest information on our privacy practices.
We collect information you provide directly to us, such as when you request information, create or modify your personal account, request Services, order a subscription to our Services, complete a Consistent form, survey, questionnaire or application, contact customer support, make a purchase, join or enroll for an event or otherwise communicate with us in any manner. This information may include, without limitation: your name, date of birth, height, weight, sex, e-mail address, physical address, phone number, photograph, credit card or other method of payment information, or any other personal information you choose to provide.
We collect information about your activity on our services, for instance how you use them (e.g., date and time you logged in, features you’ve been using, searches, clicks and pages which have been shown to you, referring webpage address, advertising that you click on) and how you interact with other users and us. The following are situations in which you may provide Your Information to us:
We also automatically collect information via the Website or App through the use of various technologies, including, but not limited to Cookies and Web Beacons (explained below). We may collect your IP address, browsing behavior and device IDs.
This information is used by us in order to enable us to better understand how our Services are being used by visitors and allows us to administer and customize the Services to improve your overall experience.
Consistent uses Apple’s HealthKit integration to collect and track health and fitness data you choose to share with us including, but not limited to exercises performed, fitness routines, workout schedules, distances traveled, steps taken, heart rate, calories, date of birth, height, sex, weight, etc. You are free to elect not to share this information with us. We use this data to provide you with our Services, including feedback and recommendations for diets and exercises generated for the results you desire. Consistent maintains all HealthKit Information in accordance with Apple’s Developer Program License Agreement. This information is regarded by us as PII and as such it will not be shared with any person, company, agency or other entity, for any reason, including, without limitation, a) marketing purposes, b) advertising purposes, c) medical or pharmaceutical research, and d) to your employer of insurance carrier.
Notwithstanding the foregoing, Consistent may disclose this data to law enforcement in compliance with a valid and legally enforceable subpoena as provided in Section 18 a. of this Privacy Policy.
We may also receive information from other sources and combine that with information we collect through our Services. For example if you choose to link, create, or log in to your Consistent account with a social media service, e.g. Facebook, LinkedIn or Twitter, or a payment provider, e.g. Apple Pay or Google Pay, or if you engage with a separate App or Website that uses our API, or whose API we use, we may receive information about you or your connections from that Site or App. This includes, without limitation, profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, your contact names, e-mail addresses, phone numbers, and other identifiers and any other information you permit the social network to share with third parties. The data we receive is solely dependent upon your privacy settings with the social network.
We may collect information about you from sources other than you, such as from social media website (i.e., Facebook, LinkedIn, Twitter or others), blogs, analytics providers, business affiliates and partners and other users. This includes, without limitation, identity data, contact data, marketing and communications data, behavioral data, technical data and content data.
We may collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data is de-identified or anonymized and does not constitute Personal Data as this data does not directly or indirectly reveal your identity. We may receive compensation for sharing anonymous aggregated data. If we ever combine Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as PII which will only be used in accordance with this Privacy Policy.
Our Cookie table below lists the Cookies on our sites. Please note that the names of Cookies and other technologies may change over time.
| Cookie Name | Duration | Purpose |
|---|---|---|
| _fbp | 1 year | Facebook Pixel for ad tracking and retargeting |
| _ga | 3 year | Google Analytics |
| _gid | 1 year | Google Analytics |
| __stripe_mid | 1 year | Used by stripe for payment processing |
When you use our Services through your mobile phone, tablet, computer or other devices, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. In addition, we may collect information regarding application- level events and associate that with your account to provide customer service. We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.
When you use the Services we may collect your precise location data. We may also derive your approximate location from your IP address.
In connection with providing Service, we may receive call data, including the date and time of the call or SMS message, the parties phone numbers, and the content of the SMS message. You consent to the receipt, collection and storage of this information.
Our Services are intended for users who have attained the age of majority where they reside (18 years of age or older in most jurisdictions). Furthermore, we do not knowingly collect personally identifiable information (PII) from persons under the age of 13 in the United States (“U.S."), or under the age of 16 in the European Union (“EU”), the “Protected Age”. If you are under the Protected Age, please do not provide us with information of any kind whatsoever. If you have reason to believe that we may have accidentally received information from a child under the Protected Age, please contact us immediately. If we become aware that we have inadvertently received Personal Information from a person under the Protected Age, we will delete such information from our records.
We protect your information using commercially reasonable technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. Although we take measures to secure your information, we do not promise, and you should not expect, that your personal information, or searches, or other information will always remain secure. We cannot guarantee the security of our information storage, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet including, without limitation, email and text transmissions. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Consistent uses a secure third party payment processing gateway to collect, store and process payment information. That information is provided directly to our third party payment processors whose use of your personal information is governed by their Privacy Policy. Consistent does not store this information on our Website or servers.
The legal basis upon which we rely for the collection and processing of your Personal Information under the GDPR are the following:
a. When signing up to use our Services, you have given us explicit consent allowing Consistent to provide you with our Services and generally to process your information in accordance with this Privacy Policy, and to the transfer of your personal data to other jurisdictions including, without limitation, the United States;
b. It is necessary for entering into, or performing, the obligations of a contract between you and Consistent, including, without limitation, the Terms of Service agreement which may be accessed by you here https://consistent.fit/terms and any subscription for our Services that you order;
c. It is necessary registering you as a user, managing your account and profile, and authenticating you when you log in;
d. It is necessary for our legitimate interests in the proper administration of our website and business; analyzing the use of the website and our Services; assuring the security of our website and Services; maintaining back-ups of our databases; and communicating with you;
e. To resolve technical issues you encounter, to respond to your requests for assistance, comments and questions, to analyze crash information, to repair and improve the Services and provide other customer support.
f. To send communications via email and within the Services, including, for example, responding to your comments, questions and requests, providing customer support, and sending you technical notices, product updates, security alerts, and administrative, billing and account management related messages.
g. To send promotional communications that you have consented to receive or have expressed a legitimate interest in receiving.
h. It is necessary for our legitimate interests in the protection and assertion of our legal rights, and the legal rights of others, including you;
i. It is necessary for our compliance with certain legal provisions which may require us to process your personal data. By way of example, and without limitation, we may be required by law to disclose your personal data to law enforcement or a regulatory agency.
Our primary purpose in collecting, holding, using and disclosing your Information is for our legitimate business purposes and to provide you with a safe, smooth, efficient, and customized experience. We will not rent, sell, lease or barter your information to anyone unless you grant us explicit permission for this information to be shared.
We will use this information in order to:
a. Provide users with our Services, including, without limitation, the creation of exercise and diet suggestions personally generated upon information you have provided us;
b. To provide you with customer support including, but not limited to, fulfilling subscription orders, resolving technical issues, responding to requests regarding administrative issues, confirming emails related to our products and services and setting reminders.
c. Track your payment history and to contact you for account and promotional purposes.
d. Contact you and provide you with important notices. e. Analyze, improve and manage our Services and operations. f. Resolve problems and disputes, and engage in other legal and security matters. g. Detect and prevent fraud. h. Enforce our Terms of Service and any terms and conditions of any agreements for our Services.
Additionally, we may use the information we collect about you to:
e. Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Consistent and other companies.
f. Display advertising, including advertising that is targeted to you or other users based on your location, interests, as well as your activities on our Services.
g. Verify your identity and prevent impersonation, spam or other unauthorized or illegal activity including, without limitation, infringement of intellectual property rights of third parties.
h. We may transfer the information described in this Privacy Policy to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Privacy Policy.
a. Consistent is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Consistent receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
b. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Consistent may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Consistent will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
a. Our Services may now or in the future integrate with social sharing features and other related tools which let you share actions you take on our Services with other Apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
b. Any information or content that you voluntarily disclose for posting publicly to a social sharing service becomes available to the public, as controlled by any applicable privacy settings that you set with the social sharing service. Once you have shared User Content or made it public, that User Content may be re- shared by others. If you remove information that you posted to the social sharing service, copies may still remain viewable in cached and archived pages, or if other users or third parties, using the social sharing service, have re-shared, copied or saved that User Content.
a. If you share User Content or post a comment or message that contains personally identifiable information to a page on our Services that is accessible to the public, third parties may use that information, or share it with other parties. As a result, you may receive unsolicited messages from other parties. Such User Content, comments or messages is not subject to this Privacy Policy and you share this information at your own risk.
b. You will need to contact Consistent in the event that you wish to have this personally identifiable information removed from our Service. Please note that responding to your request may not ensure complete or comprehensive removal from the internet if the content or information has been reposted by another party. To request removal of content or information, please contact us at hello@js.ventures.
a. Our Services, as well as the email messages sent with respect to our Services, may contain links or access to websites operated by third parties that are beyond our control. Links or access to third parties from our Services are not an endorsement by us of such third parties, or their websites, applications, products, services, or practices. We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties. These third-parties may send their own Cookies to you and independently collect data.
b. If you visit or access a third-party Website, application or other property that is linked or accessed from our Services, we encourage you to read any privacy policies and terms and conditions of that third party before providing any personally identifiable information. If you have a question about the terms and conditions, privacy policy, practices or contents of a third party, please contact the third party directly.
Some web browsers may give you the ability to enable a “do not track” feature that sends signals to the websites you visit, indicating that you do not want your online activities tracked. This is different than blocking or deleting Cookies, as browsers with a “do not track” feature enabled may still accept Cookies. There currently is no accepted standard for how to respond to this signal, and we do not take any action in response to this signal.
In order to provide our products and services to you, we may send and store your personal information outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your personal information may be transferred outside of the country where you reside or are located, including countries that may not, or do not, provide the same level of protection for your personal information.
We are committed to protecting the privacy and confidentiality of personal information when it is transferred. If you reside or are located within the European Union (“EU”) or European Economic Area (“EEA”) and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the EU and EEA to the extent feasible under applicable law.
By checking the box acknowledging that you have read and agree to this Privacy Policy, and providing explicit consent at the time of your registration for your account, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and assume the risk that the protection of such information may be different and may be less protective than those required under the laws of their residence or location.
You may correct your account information at any time by logging into your online account. If you wish to cancel your account, you may do so from within your account or you may email us at hello@js.ventures and follow the instruction we will provide to you. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debit on your account, or if we believe you have committed fraud or violated our Terms of Service, we may seek to resolve the issue before deleting your information.
You may opt out of receiving promotional messages from us at any time by following the instructions in those messages sent to you or by contacting us at any time using the Contact Us information at the end of this Privacy Policy. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
You have certain rights in relation to Personal Information we hold about you. You can exercise any of the following rights by contacting us using any of the methods in the Contact section below. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
a. Right to Access Your Personal Data. You have the right to access information held about you for the purpose of viewing and in certain cases updating or deleting such information. Furthermore, if you prefer that Consistent does not share certain information as described in this Privacy Policy, you can direct Consistent not to share that information. We will comply with an individual’s requests regarding access, correction, sharing and/or deletion of the personal data we store in accordance with applicable law. To make changes to your account affecting your personal information contact us at the email address in our Contact section below. For any deletion, non-sharing or update request, we will make the changes as soon as practicable, however this information may stay in our backup files. If we cannot make the changes you want, we will let you know and explain why.
b. Right of Correction or Completion of Your Personal Data. If personal information we hold about you is not accurate, out of date or incomplete, you have a right to have the data corrected or completed. To make corrections to your account please contact us at the email address in our Contact section below.
c. Right of Erasure or Deletion of Your Personal Data. In certain circumstances, you have the right to request that personal information we hold about you is deleted. If we cannot delete the information you want, we will let you know and explain why. To request information deletion please contact us at the email address in our Contact section below.
d. Right to Object to or Restrict Processing of Your Personal Data. In certain circumstances, you have the right to object to our processing of your personal information. For example, you have the right to object to use of your personal information for direct marketing purposes. Similarly, you have the right to object to use of your personal information if we are processing your information on the basis of our legitimate interests and there are no compelling legitimate grounds for our processing which supersede your rights and interests. You may also have the right to restrict our use of your personal information, such as in circumstances where you have challenged the accuracy of the information and during the period where we are verifying its accuracy. To object to or restrict processing please contact us at the email address in our Contact section below.
e. Right to Data Portabilit y or Transfer of Your Personal Data. You have the right to be provided with a copy of the information we maintain about you in a structured, machine-readable and commonly used format. To receive a copy of the information we maintain about you please contact us at the email address in our Contact section below.
f. Right to Withdrawal of Consent. If you have given your consent to us to process and share your Personal Information after we have requested it, you have the right to withdraw your consent at any time. To withdraw your consent please contact us at the email address in our Contact section below.
g. Right to Complain. If you’re based in the EU, you can file a complaint with the supervisory authority in your Member State.
a. California Civil Code Section 1798.83 entitles California residents to request information concerning whether a business has disclosed Personal Information to any third parties for their direct marketing purposes. California residents may request and obtain from us once a year, free of charge, information about the personal information, if any, we disclosed to third parties for direct marketing purposes within the immediately preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information within the immediately preceding calendar year.
b. If you are a California resident and would like to make such a request, please submit your request in writing to: hello@js.ventures
Unless you request that we delete certain information, we retain the information we collect for as long as your account is active or as needed to provide you services. Following termination or deactivation of your account, we will retain information for at least 1 year and may retain the information for as long as needed for our business and legal purposes. We will only retain your Personal Data for so long as we reasonably need to unless a longer retention period is required by law (for example for regulatory purposes).
Unless you request that we delete certain information, we retain the information we collect for as long as your account is active or as needed to provide you services. Following termination or deactivation of your account, we will retain information for at least 1 year and may retain the information for as long as needed for our business and legal purposes. We will only retain your Personal Data for so long as we reasonably need to unless a longer retention period is required by law (for example for regulatory purposes).
Contact name: Data Protection Officer
Email: hello@js.ventures
Our office address:
318 W 108 St, 5th Floor New York, NY 10025
Last updated: February 1, 2020
