Privacy Policy

Date of Last Revision: June 30, 2020

Here at WayBetter, we are strongly committed to protecting the privacy of your personal information, and providing a safe and secure environment for all of our players. The purpose of our Privacy Policy is to set forth the information we gather when you visit our site or use our Services and the manner in which such information is used.

By registering, accessing, using or visiting any of WayBetter’s games or other services including but not limited to www.waybetter.com and www.dietbet.com, its websites and any mobile version thereof, or any software system designed to support or permit interaction with the website, including social networking pages thereon, or its functionality over a network (together the "Site"), you (the "User") signify that you have read, understand, and agree to be bound by this Privacy Policy, which is an integral part of our Terms of Use.

European Union users should review the section of this Privacy Policy entitled “European Union Users”. Users who are residents of California should review the attached “Supplemental Privacy Provisions for California Residents,” which are an integral part of this Privacy Policy.

Please carefully read the provisions of this Privacy Policy. If you do not agree with our Privacy Policy, do not use our Service.

What this Policy Covers

This Privacy Policy covers WayBetter's treatment of personal and other information that WayBetter gathers when you are using WayBetter's websites and also when you use WayBetter's Services. This policy does not apply to the practices of third parties that WayBetter does not own or control or to individuals that WayBetter does not employ or manage.

Information Collected by WayBetter

We collect the following types of information from our users:

Information You Provide to Us

We receive and store information that you enter on our website or provide to us in other ways. You can choose not to submit certain information, but the tradeoff is that you may not be able to take advantage of certain of our site's features.

1. Registration: In order for you to use WayBetter's services you must create an account by completing a registration form. As part of this registration form, we require select personal information (including your name, email address, etc.).
2. User and Player Profiles: To allow you to express yourself beyond just the information collected during registration, we enable you to provide additional information about yourself in your User Profile, including a profile photo. You may opt out of user and player profiles by simply not providing this additional information. You may also contact Waybetter at support@waybetter.com to request that such additional information you provide be non-indexable by search engines on our websites.
3. Payment Information: WayBetter uses PCI-compliant payment processors and does not itself see or store your credit card details.
4. Invite Friends: A user may choose to identify a friend, colleague, cheerleader, or a similar third party through our invite-a-friend and cheerleader functions. If a user does this we will collect the recipient's email address. We will automatically send your friend an email, and if necessary, reminder emails. WayBetter stores this information for the sole purpose of sending the aforementioned email and any related reminder emails. We also store this information to track the success of our invitation programs. The recipient may contact support@waybetter.com to request that we remove this information from our database.
5. Orders: If you purchase a product or service through WayBetter, including a membership, we will collect standard information in order to fulfill your order (such as name, email address, and shipping address).
6. DietBet Weigh-In Photos: In order to play a DietBet game, each player must submit two weigh-in photos at the beginning and end of each game. These photos are solely used by our Referees to confirm a player's starting and ending weight. WayBetter does not use these photos for any purpose other than weigh-in review without express written permission of the player. After they are reviewed, the images are stored in our database for auditing purposes since they are used to determine winners of the game. They are also displayed on your personal profile and visible only to you, unless you choose to share them with others.
7. Game Communications, Bulletin Boards, Blogs, Chatrooms: If you participate in a WayBetter game or use a bulletin board, blog, or chatroom or other WayBetter communications medium, you should be aware that personally identifiable information you submit there can be read, collected, or used by other users of the aforesaid forums and may be further transmitted by these users. This information could also be used by a third party to send you unsolicited messages or for other purposes. The exchange of information and comments among players in the course of the games they play is an essential part of the WayBetter game experience. While we consider the dissemination of this information outside of the game without the consent of the player providing the information or comment as counter to WayBetter’s games approach, we cannot insure that such information or comments will remain private and will not be further transmitted by their recipients. Do not provide any information in connection with WayBetter games that you consider private and are unwilling to have disseminated. We are not responsible for personally identifiable information that you choose to make available in connection with participation in WayBetter games. We also connect to third-party services like Facebook and Twitter, and any information that you post on our site may be sent off our site via these third-party services with your consent.
8. Location Information: Information as to your location may be collected in connection with your participation in StepBet, RunBet and other WayBetter games. This may include obtaining data from your phone for game auditing purposes. You may opt out of the collection of such information except to the extent collection of such information is integral to the operation of such games.
9. Automatic Information: We receive and store certain types of information whenever you interact with us, including information transmitted automatically as to weight, steps or other of your activities necessary for WayBetter’s games. WayBetter and its authorized agents automatically receive and record certain traffic data on their server logs from your browser including your IP address, WayBetter cookie information, queries, and the page you requested. WayBetter uses this traffic data to help diagnose problems with its servers, to analyze trends, and to administer the website. WayBetter may collect and display various aggregate counts of the times that pages have been viewed. We may provide this information to third parties in connection with special offers and promotional programs for our players, including your name and e-mail address. These third parties are responsible for the privacy of information they receive under their own privacy policies.
10. Additional Information:  With your express consent, we may access your phone book and other information and tools on your devices to enhance your game experience.

Information Third Parties Provide to Us

Third party suppliers (e.g., FitBit, Garmin, Runkeeper, etc.) may provide information to WayBetter in connection with WayBetter’s implementation of its games. This information to the extent that it is not under the control of WayBetter is subject to the privacy policies of those suppliers. It is the responsibility of players to review and determine whether to accept such third party privacy policies, recognizing that the use of such information by WayBetter may be essential to the player’s participation in a game.

Use of Information Collected by WayBetter

WayBetter uses the information it collects to contact you about your involvement or potential involvement in a game; to bill users who have agreed to play or purchase products through our site; to implement WayBetter’s respective games; to fulfill product orders; to contact you about WayBetter-related news, features, products, surveys, promotions by WayBetter and its partners, updates, case-studies, and/or special offers; to facilitate social networking and game set-up (e.g. posting on your Facebook feed, sending friend requests and notifications, creating groups of users with similar goals, or Referee and Cheerleader requests); and, without using personally identifiable information, to analyze and report success trends.

Email and Other Communications

1. We will send you welcome emails after you have registered with WayBetter based upon the personally identifiable information that you provide us. WayBetter also sends out emails to respond to your inquiries and sometimes to your message board posts, to manage your account, and to facilitate the actions described above in the "Information You Provide to Us" section. You may receive notification emails from WayBetter, which inform you of actions performed on the site (e.g., activity posts and notifications). Unless you opt out, we also send motivational newsletters and messages to people playing in our games.
2. If you do not want to receive email from us, email support@waybetter.com from the email address you want to take off our lists. If you do not want to receive push notifications from us, opt out of receiving them in the Settings section of the menu. However, please note that in all cases you will continue to receive certain system emails (e.g. regarding forgotten user passwords or related to success and failure in on-going games you have engaged in) and legal notices (e.g. updates to our policies) from us. If you wish to stop receiving these emails you may deactivate or suspend your account. If you do not want to receive push notifications from us, opt out of receiving them in the Settings section of the menu.
3. If you have provided us information to invite a third party, we will automatically send that third party email inviting him or her to visit the site. Your friend may contact us or click through the link on the bottom of the email to request that we remove their information from our database.
4. In some circumstances, the above communications may be transmitted using forms of electronic communication other than e-mail such as push notifications.

Cookies

1. Cookies are alphanumeric identifiers that are transferred to your computer's hard drive through your web browser for the purpose of record-keeping. We use cookies to identify our registered users and to store session specific information, such as your username. At the user's option, our cookies may remain on your hard drive for an extended period of time to facilitate login. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.
2. The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. Although you may reject our cookies and still navigate some areas of our site, we require you to have cookies activated in order to participate in a game.
3. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site and to control access to certain parts of our site. A session ID cookie expires when you close your browser. We set a persistent cookie to store your passwords, so you don't have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience of our site. A persistent cookie remains on your hard drive for an extended period of time. The cookies may be used to assist in the delivery of advertising and also to support communications by our partners and other business organizations to players who may be interested in the products or services offered by these organizations. The cookies also allow us to better understand our players and their needs and interests.
4. Our vendors and affiliates also use cookies to enable their systems to recognize your browser and tell them how and when pages in our website are visited and by how many people. That information, which is provided to us, is not personally identifiable. In addition, some of our business partners, like our advertisers, may use cookies on our website. We have no access to or control over these cookies. The use of cookies by third parties is not covered under our privacy statement.

Sharing Your Information

WayBetter enables people to discover and share information with one another, and information about the people who use WayBetter is very important to us. Although we may share non-personal information, such as aggregate user statistics, demographic information, and website usage information with third parties, rest assured that we will share your personally identifiable information only as described below.

1. WayBetter Personnel and Affiliates: WayBetter personnel, approved academic researchers, authorized consultants and/or contractors, and payment processing companies may have access to user information if necessary in the normal course of WayBetter business and/or research. This means that user information, including name, address, phone number, credit card details may be used for the following reasons: responding to user requests, ensuring smooth operation of games, and/or modifying our games product to increase users' success rates. We may solicit your participation in research, developing case-studies, and success stories.
2. We may also use your personal information to place you in a game with other players who match your weight, age, gender categories and/or who share certain interests, such as playing against other recent mothers or diabetics. Being placed in such a game may thus imply certain private information about you even though this information is not made explicitly public. We do this in order to match you with other people in similar conditions and to make a better, more enjoyable game. We may also make your personal information available across the WayBetter family, i.e among the various games we conduct, to facilitate your participation in other WayBetter games.
3. Agents/Service Providers: WayBetter employs third parties to perform functions on our behalf. Examples include hosting or operating the WayBetter website, fulfilling orders for products and services purchased through the WayBetter websites, sending e-mail and/or other communications, providing wireless services, removing repetitive information from customer lists, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on WayBetter's behalf.
4. Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred or made available as a result of the transaction or in the course of negotiations. If WayBetter or all of its assets were acquired, user information would be one of the assets that is transferred. Information will be transferred or made available only on the condition that the recipient of such information will use the same standards of privacy with respect to such information that it applies under its own privacy policy.
5. Protection of WayBetter and Others: We may release personal information when we believe in good faith that release is necessary to comply with the law; to enforce our Terms of Use; or to protect the rights, property, or safety of WayBetter, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. We also reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, governmental requests, or legal process served on WayBetter.
6. User Profile information: Information collected during registration and subsequent visits, such as your full name and location, may be displayed to other WayBetter users in your User Profile. The User Profile is the area on WayBetter where we allow you to tell other WayBetter users about yourself and your interests. You may control what personal information is displayed.
7. Public Information: WayBetter will allow third parties access to all WayBetter data that is already publicly available through the site. WayBetter will keep passwords private.
8. E-Commerce: WayBetter may allow users to choose to share information with third parties, including marketers or electronic commerce providers through on-site offers.
9. Affiliate Entities: WayBetter may also provide your personally identifiable information to your affiliated company if you have entered an Affiliate Code during registration or are otherwise a user of our corporate portal.
10. Special Offers and Promotions by WayBetter and its partners. In connection with promotions and special offers, we may make available to third parties your name and other personal information pertinent to these offers and to their implementation should you accept such promotions or special offers. Information transmitted to third parties will be subject to the privacy policies of the third parties receiving such information. Your information may also be used in connection with sweepstakes and contests that we or our partners conduct. You may opt out of providing such information by notifying WayBetter at support@waybetter.com.
11. With Your Consent: Except as noted above, WayBetter will not provide users' personally identifiable information to third parties or use it for a purpose incompatible with the purpose(s) for which it was originally collected without their prior permission.

Opting Out

We note throughout this Privacy Policy that we make available to our players the opportunity to readily opt out of providing information that they do not wish to share. You may opt out of providing information to WayBetter by contacting support@waybetter.com. Please appreciate that the supplying of certain personal information (e.g., photos in DietBet) is essential for game participation.

Keeping Information Secure

1. The security of your information is of paramount importance to us. Your WayBetter account information is protected by a password for your privacy and security. In addition, we follow generally accepted industry standards to protect the personal information of our users, both during transmission and after we receive it. WayBetter strives to use commercially acceptable means to protect your personal information, including use of encryption, firewalls, and hashing on select types of information collected by WayBetter. When you enter sensitive information (such as credit card numbers) during the sign-up process or on our order forms, we encrypt your information during transmission using 128 bit secure socket layer technology (SSL). No method of transmission or electronic storage is 100% secure, however, so WayBetter cannot guarantee absolute security.
2. You can enhance your security by protecting against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer.
3. Only employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.

Ways for You to Control Display and Use of Your Information

1. You can always opt not to disclose information, but then you may be unable to use certain features on our website.
2. By visiting your User Profile, you can correct, amend, add, or delete personally identifiable information on our website. When you update information, however, we often maintain a copy of the unrevised information in our records as part of our normal back-up procedures and so that we can comply with any future requests for such information in conjunction with future legal requirements.
3. If you wish to remain a user of WayBetter, but do not wish to receive certain email from us or other WayBetter users, please email support@waybetter.com. However, please note that you will continue to receive all system emails (e.g. those regarding forgotten user passwords) and legal notices (e.g. updates to our policies) from us.
4. You may request access to any Personal Information that we have collected that is not available on your User Profile page so that you may correct any inaccuracies or request deletion of that information.
5. You may also request deletion of your WayBetter account by contacting us. We will respond to requests within 15 business days.

EUROPEAN UNION USERS

WayBetter is the controller of the personal information and data you provide to WayBetter’s games and Sites.

Data and other information you provide to WayBetter is used to implement WayBetter’s games in the manner described in the section of this Privacy Policy entitled “Use of Information Collected by WayBetter” in the same way as data and information provided by other users.

You have the right to access this data and information and to object to its use. You many request that we erase data and information that you have provided to us by contacting support@waybetter.com. You may also at any time contact us to withdraw consents that you have granted with respect to the use of your data and information. Please appreciate that such actions may impair your ability to participate in WayBetter games.

You may file a complaint with respect to the use of data and information with the EU Information Commissioner’s Office.

Minors

Minors under 18 Years of Age: Minors under age 18 are prohibited from registering to use the WayBetter website. If you are under 18 years old, please do not attempt to register with this site or send any information about yourself to us. WayBetter does not knowingly allow users under age 18 to register nor does WayBetter knowingly collect information about minors under age 18. If we learn that WayBetter has collected information from a minor under the age of 18, we will delete that information immediately. If you believe that WayBetter may have information from or about a minor under 18 years old, please contact us.

Changes to this Privacy Policy

WayBetter may amend this Privacy Policy from time to time, at its sole discretion. Use of information that we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes to the Privacy Policy, we will notify you by updating the date on the top of the policy and/or by posting an announcement on the WayBetter website so you are may stay up-to-date on what information we collect, how we use it, and under what circumstances if any, it is disclosed.

Conditions of Use

The provisions of this Privacy Policy and WayBetter’s Terms of Use, of which this policy is a part, govern all of your interactions and visits to WayBetters websites, participation in its games and any other use of WayBetter’s services. These provisions include limitations on damages, mandatory arbitration of disputes, waiver of class actions, and the application of Delaware law. This Privacy Policy is effective as of the date set forth at the top of this Policy.