Privacy policy

1. Who is responsible

Benekan Technologies LLC, United States, operates Embryly and is the controller responsible for the personal information described here. Contact info@benekan.com for privacy questions, access, correction, export, erasure, consent withdrawal, or an appeal. This notice covers the app, this website, and support communications.

This is a proposed update based on the current implementation. It does not claim GDPR certification, HIPAA certification, or regulatory approval. A privacy notice explains processing; merely reading it or using the website is not explicit consent to sensitive health processing. The separate Consumer Health Data Privacy Notice addresses health information in more detail.

2. Information collected and its sources

Apple handles payment card details for App Store purchases; our app receives transaction and entitlement data rather than your full card number. We do not need your contacts or precise location for the described features. Your photo library is not automatically imported. Only content you choose for a feature should be submitted.

3. Pregnancy information is sensitive

Pregnancy dates, medical conditions, allergies, body measurements, and inferences from these records can be sensitive health data. Dietary preferences can also reveal religious beliefs or other sensitive details. General wellness positioning does not make these records nonsensitive.

Provide only information you want processed for the requested feature. Do not upload medical documents or other people’s records into a food scan. Optional details can be omitted where the feature allows; some personalization cannot function without relevant inputs. Account based features need certain information to operate, but this does not authorize unrelated uses.

The present app records wellness, privacy, and analytics acknowledgments in onboarding. A bundled acknowledgment is not, by itself, proof of valid explicit consent for every sensitive use. Where a use legally requires separate explicit consent, that permission must be obtained before that use. Contact us to withdraw consent or to request removal of sensitive information; we will explain any feature consequences and applicable retention exceptions.

4. Purposes and legal bases

Where the EU or UK GDPR applies, each processing purpose needs an Article 6 lawful basis, and processing special category data also needs an Article 9 condition. A contract or legitimate interest alone is not enough for health data. The relevant basis depends on the purpose and must be supported by the actual implementation.

• Requested account and paid services: performance of our agreement, for ordinary account and entitlement data necessary to provide those services.
• Health based personalization and tracking: the requested service together with an applicable special category condition, ordinarily explicit consent where required. Consent must be specific, informed, and withdrawable.
• Security and essential diagnostics: legitimate interests in protecting the service, subject to a balancing assessment and data minimization; sensitive content needs an additional lawful condition.
• Legal, accounting, and rights requests: compliance with applicable legal obligations; establishment, exercise, or defense of legal claims where relevant.
• Optional analytics or marketing: consent where required. Core service access must not be conditioned on unnecessary optional tracking consent.

You may object to processing based on legitimate interests. Withdrawal does not make earlier lawful processing unlawful. We will not treat this policy as permission to start an incompatible new use.

5. What goes to AI and product lookup providers

Food photo scans are sent through our backend to OpenAI’s API. The analysis request can contain the image and relevant profile context: pregnancy week, dietary and cultural preferences, ingredient avoidances, reported conditions, goals, food concerns, daily nutrient summaries, and recent weight information where available. This is more than an anonymous picture and may disclose sensitive health information.

Barcode scans query Open Food Facts using the barcode. Product names, ingredients, allergen tags, and nutrition returned from that service may then be sent to OpenAI with contextual information for analysis. The barcode lookup itself is not designed to send your full pregnancy profile to Open Food Facts.

OpenAI states that API data is not used to train its models by default unless the customer opts in. Its standard abuse monitoring retention can be up to 30 days, with exceptions and configuration dependent controls. We have not represented Embryly as having a zero data retention arrangement. See OpenAI’s API data controls. Consumer ChatGPT settings do not control this app’s API requests.

The prepared meal catalog uses matching rules; selecting a daily catalog meal is distinct from submitting a new image for AI analysis. AI output can be inaccurate, including inferences about your food or preferences. You can correct your input, choose a different meal, or request assistance.

6. Storage, sharing, and current photo limitations

Supabase provides authentication, databases, storage, and backend functions used by the app. OpenAI processes scan requests. Apple and, if you choose it, Google handle sign in; Apple also handles purchases. Our subscription backend verifies transactions and access. Hosting and email providers process website requests and correspondence needed to deliver those services.

Current limitation: saved food photos are uploaded to the food image store using public URLs, rather than private, expiring image links. A person with a URL may be able to access the image without signing into your account. Some images may be associated with shared food records. Do not include identifiable people or sensitive documents in food photos. Contact us about removing an image. We cannot truthfully promise that current saved images are accessible only to you.

Operational logs can currently include profile context, nutrient or weight summaries, and scan results. Access by authorized staff and infrastructure providers may be needed for support and diagnostics. This is not an invitation to submit extra sensitive data; our release review identifies minimization and retention controls that need verification.

We do not sell personal information or use it for cross context behavioral advertising in the described service. We may disclose information to meet a lawful obligation, respond to valid legal process, protect against misuse, or complete a business transfer subject to applicable safeguards. This is not a promise that health information is immune from every lawful request. A new disclosure requiring consent will require that consent.

7. Retention, deactivation, and permanent erasure

Account and tracking records remain available while an account is active, subject to the purposes above. A universal fixed retention period for every database, backup, log, and provider has not been verified. Retention must be limited to what is needed for service delivery, lawful records, security, disputes, and applicable rights. We do not promise instant removal from every backup or provider.

The current in app account deletion flow deactivates the account and allows restoration for 30 days. It does not automatically permanently erase the underlying data when that window ends. For permanent erasure, contact info@benekan.com. We will verify the request proportionately and explain completion, any legal exception, or a lawful extension. A support request can also cover uploaded images and derived records.

Transaction records or narrowly limited information may need to be retained for tax, fraud prevention, legal obligations, or claims. Backup copies may persist until the relevant rotation cycle; they must not be restored to active use inconsistently with a valid erasure request. Deactivation does not cancel an App Store subscription. Erasing an app from your phone does not itself remove cloud records.

8. Your controls and privacy requests

• Review and change editable preferences and profile information in the app. Future recommendations use the saved settings.
• Revoke camera, selected photo, or notification permissions in your device settings. Revocation stops future access but does not erase information already uploaded.
• Contact us for access, correction, a portable copy, deletion, restriction, an objection, or consent withdrawal. There is no verified self service data export feature, so please use the support contact.
• Use the email associated with your account and specify the right you want to exercise. Do not send identity documents unless we explain why additional verification is necessary and provide an appropriate method.

Where GDPR applies, we generally respond within one month and may extend by up to two further months for complex or numerous requests with the required notice. Other applicable laws have their own deadlines. Requests are generally free; any permitted fee or refusal will be explained. We do not penalize you for exercising a protected right, although removing necessary data can limit a related feature.

EU/EEA residents may complain to their local supervisory authority; UK residents may contact the Information Commissioner’s Office. You do not need to contact us first to exercise a regulatory complaint right.

9. United States and consumer health rights

Where applicable, state laws may provide rights to know, access, correct, delete, obtain a copy, appeal a refusal, limit certain sensitive processing, or opt out of sale, targeted advertising, and specified profiling. These rights depend on the law’s scope and exceptions; we do not assume every statute applies identically to every user.

We do not sell health data or use it for targeted advertising in the described service. We do not operate healthcare location geofencing. Washington and other applicable consumer health privacy protections may reach information outside HIPAA. See our distinct Consumer Health Data Privacy Notice, linked from the home page footer, for categories, sources, sharing, rights, and appeals.

Embryly is a consumer wellness service, not presented as your healthcare provider’s HIPAA covered medical record system. That does not remove obligations under consumer protection, breach notification, or other privacy laws. We will make legally required notifications if a reportable incident occurs; the applicable rule and facts determine the required recipients and timing.

10. International transfers

Benekan Technologies LLC is based in the United States. Information may be processed in the United States and other locations used by our providers. The production database region, complete processor list, backup locations, and transfer arrangements must be confirmed before an international launch claim is made.

Where GDPR or UK GDPR restricts a transfer, a valid mechanism is required, such as an applicable adequacy decision or properly implemented standard contractual clauses and additional safeguards where needed. This notice does not itself establish such a mechanism or claim that every provider arrangement has been verified. Contact us for information about the arrangements relevant to your data. No EU or UK representative or data protection officer is named in this draft without a confirmed appointment.

11. Personalization and automated decisions

Embryly uses software to infer a pregnancy week from supplied dates, rank meal ideas, estimate nutrients, and produce scan information. These outputs can influence what you see, but they are not used by Embryly to make lending, employment, insurance, healthcare eligibility, or other similarly significant legal decisions about you.

Do not use the app as the sole basis for a medical decision. Where applicable law gives rights regarding significant automated decisions, those rights are preserved. You may contact us to question an output or correct the information used. A food ranking or score is not a clinical assessment.

12. Website cookies, analytics, and contact

This redesigned website does not install advertising pixels or optional analytics scripts and does not use cookies or browser storage for advertising. Its fonts and product images are served as site assets. The hosting provider may still process ordinary request information, including your IP address, to deliver and secure pages. Visiting an external link exposes information to that destination under its own policy.

The contact form prepares a message in your email app. It does not submit the form to a website database. The message is transmitted when you send it using your email provider. We then process the correspondence to answer your request. Do not include medical documents or passwords. Optional tracking, if introduced later, requires an updated notice and consent controls where the law requires them.

The current app contains an analytics acknowledgment, but no active third party product analytics integration was established by this code review. Essential operational logs are separate from optional analytics. We do not treat a Do Not Track signal as a substitute for legally required opt out mechanisms. Global Privacy Control must be honored where applicable to a covered activity.

13. Security and incident handling

We use account authentication and HTTPS connections for the described services. Security depends on the application, access policies, provider configuration, and staff procedures, and no system can guarantee absolute security. The public image URL and logging limitations above are material exceptions to any broad “only you can access your information” statement.

Report a suspected privacy or security issue to info@benekan.com. Include only the information necessary to explain the issue. We will investigate and take actions and notifications required by applicable law. The website does not offer an emergency response service.

14. Age limits and changes

Embryly is intended for adults aged 18 or older. If you believe a child’s information was submitted, contact us so we can investigate and take appropriate action. An age statement alone is not a substitute for effective safeguards.

We will update this notice when practices change and provide material notices or obtain new consent where required. Continued use is not automatically consent to a new sensitive purpose. The final effective date and verified company contact details will be confirmed before publication. Questions may be sent to Benekan Technologies LLC at info@benekan.com.