Privacy Policy – Plan.Eat.Move Mobile App

Plan.Eat.Move

Last Modified: February 3, 2025

Terms and Conditions of Use and Privacy Policy (“Terms”)

The University of Kentucky (“UK”), through its Martin-Gatton College of Agriculture, Food, and Environment, has developed the Plan.Eat.Move Application (“PEM App”) to, among other possible offerings, share information to search, browse, and view recipes, articles, and videos and enable users to find nearby farmers markers, food banks, or supplemental nutrition assistance programs (SNAP) retailers.

As used in these Terms, “University of Kentucky”, “UK”, “we”, or “our” refers to the University of Kentucky, affiliates of the University of Kentucky, and board trustees and members, officers, employees, students, and agents of the University of Kentucky and such affiliates.

You (also described as a “User” in these Terms) must accept these Terms to download and use the PEM App, and you must also register and create a PEM account (“Account”) to use certain additional services or information available through the PEM App. If you do not accept these Terms, do not download the PEM App.

The PEM App is offered and available to Users who are 18 years of age or older. By using the PEM App, you represent and warrant that you are of legal age to form a binding contract with UK and meet all other eligibility requirements. If you do not meet all of these requirements, you must not access or use the PEM App.

If there is a conflict between these Terms and any other terms of use utilized by UK, these Terms will prevail as to use of the PEM App and your access and use of the content available through the PEM App. If you do not want to agree to these Terms, you must not access or use the PEM App.

UK may revise these Terms from time to time without notice; provided, however, the revised Terms will be posted on the PEM App and accessible to you if you have downloaded the PEM App. All changes are effective immediately when we post them and apply to all access to and use of the PEM App thereafter. Your continued use of the PEM App following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the PEM App Terms from time to time so you are aware of any changes, as they are binding on you.

BY ACCESSING THE PEM App, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.

1. Application Content and Types of Users

The PEM App includes “Application Content”, which includes all text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the PEM App to you. We reserve the right to withdraw or amend the PEM App and Application Content, and any service or material we provide on or via the PEM App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the PEM App is unavailable at any time or for any period. From time to time, we may restrict User access to some parts of the PEM App or the entire PEM App. We may update the Application Content from time to time, but the Application Content is not necessarily complete or up-to-date. Any of the Application Content may be out of date at any given time, and we are under no obligation to update such Application Content.

The PEM App allows for two possible User experiences.

A “Registered User” may register and create an Account, and those user types may then access and interact with additional Application Content, which may include among other things, the ability to review and rate recipes, join forums, download recipes, and mark recipes as a favorite.

“Non-registered Users” will not have access to these and other registration-required Application Content.

References to “Users” or “You/you” alone in these Terms refers to both Registered Users and Non-registered Users.

2. Creating an Account and Registered User Allowances & Data Expectations

Full use of the PEM App requires that you create an Account by providing UK with information identifying yourself by first and last name and the county in which you are located, your intended use of the information available through the PEM App, a valid email address, strong password, and that you identify certain preferences, including without limitation whether you wish to receive certain notifications or other information. As a Registered User, you agree that you will be the only user of your Account and not share it with others. In the case of an organizational email address used to create an Account, you agree to limit access to your Account to authorized agents of your organization and are responsible for those individuals’ use of the Account. As a Registered User, you are responsible for all activity that occurs in association with your Account. UK is not liable for any claims, costs, losses or damages directly or indirectly caused by a Registered User’s failure to maintain the confidentiality of their Account credentials. Registered Users agree to notify UK immediately of any security breach or unauthorized use of your Account. Registered Users who forget their password can request a reset password email to be sent to their email address. Registered Users can view and edit information in their Account profile including but not limited to name, county, email address, password, opt in/out of newsletter subscription, and their profile photo. Registered Users can also set certain preferences so that, as an example but without a warranty, recipes, articles, and videos can be personalized. Registered User preferences may include but are not limited to: topics they are interested in; vegan, vegetarian, diabetic diets; and allergies to specific ingredients.

UK administrators will be capable of searching, viewing, and managing Registered User Accounts. Registered User data, including but not limited to name, email address, and county, and Registered User preferences, will be stored in WordPress, a cloud-based content management system and vendor used by UK. Besides UK administrators, other providers for UK may have access to this data for purposes of servicing the PEM App and associated website, including without limitation, Ethos Marketing, VONT Web, and Breakthrough Technologies Inc., and a third-party email marketing platform, currently known as Intuit Mailchimp, will be used to assist in arrangements for provision of an electronic newsletter to those Registered Users who request the newsletter. Registered Users are directed to the terms and conditions of Intuit Mailchimp for expectations of security, including without limitation at https://mailchimp.com/about/security/.

3. Acceptable Use

Users of the PEM App may only use it in ways consistent with applicable law. Application Content, the PEM App, and its underlying technology are protected by copyright, trademark, patent, and other intellectual property, and other laws of the Commonwealth of Kentucky, United States, and foreign countries. Application Content may include materials that are copyrighted or otherwise owned or controlled by non-UK third parties.

UK grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Application Content solely for the uses permitted in these Terms. This license is provided solely for your individual use of the PEM App as permitted in these Terms. UK does not grant any express or implied right to Application Content to Users of the PEM App beyond that explicitly stated in these Terms.

4. Prohibited Use

Prohibited use includes but is not limited to the following: (a)Unauthorized use, destruction, or impairment of the PEM App or any component thereof; (b) Gaining or attempting to gain unauthorized access to the PEM App, other accounts, or computer systems or networks connected to the PEM App, through hacking, password mining or any other means, including without limitation attempting to or circumventing data protection methods or algorithms, decrypting user passwords, accessing protected files, or uncovering security loopholes; (c) Using the PEM App or Application Content for product advertisements or re-publishing the Application Content; (d) A use that in any way violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (e) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (f) Impersonating or attempting to impersonate UK another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (g) Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the PEM App, or which, as determined by us, may harm UK or other Users, or expose them to liability; (h) Using the PEM App in any manner that could disable, overburden, damage, or impair the PEM App or interfere with any other party’s use of the PEM App, including their ability to engage in real time activities through the PEM App; (i) using any robot, spider, or other automatic device, process, or means to access the PEM App for any purpose, including monitoring or copying any of the Application Content; (j) . Using any manual process to monitor or copy any of the Application Content, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (k) using any device, software, or routine that interferes with the proper working of the PEM App; (l) Introducing any viruses, Trojan horses, worms, logic bombs, or any other material that is malicious or technologically harmful; (m) Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the PEM App, the servers or other locations on which the PEM App or Application Content is stored, or any server, computer, or database connected to the PEM App or Application Content; (n) Attacking the PEM App via a denial-of-service attack or a distributed denial-of-service attack; (o) otherwise attempt to interfere with the proper working of the PEM App; (p) Removing, changing, or obscuring any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PEM App or its Application Content; and (q) Using, copying, adapting, modifying, preparing derivative works based upon, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, broadcasting, or otherwise exploiting the PEM App, Application Content, or any portion of them, except as expressly permitted in these Terms.

5. UK’s Enforcement Rights

UK is not obligated to monitor access or use of the PEM App or Application Content, or to review or edit any Application Content, but UK has the right to do so to operate the PEM App, seek compliance with these Terms, and comply with applicable law or other legal requirements. UK has the right to investigate violations of these Terms and any conduct that affects the PEM App or Application Content.

6. DMCA/Copyright Policy

UK respects copyright law and expects you to do the same. In appropriate circumstances determined by UK in its sole discretion, UK’s will attempt to terminate access to the PEM App and Application Content, and Registered Users’ Accounts when the associated User repeatedly infringes the rights of copyright holders. For purposes of the Digital Millennium Copyright Act (“DMCA”), UK has designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact the agent listed under the last section of these Terms below. UK provides this contact information for purposes of the DMCA only and reserves the right to respond to communication that is relevant for this purpose. However, UK does not warrant that use of any of the Application Content will not infringe the rights of third parties.

7. Privacy

a. How UK Gathers Information

Registered Users provide UK with information when you create an Account, such as your name, email address, county, and password for accessing the Application Content. This information is required for Account creation. Registered Users may also provide information on various preferences and willingness to receive newsletters.

The information we receive depends on what you do when visiting the PEM App. If you visit the PEM App to read or download information, we collect and store, without limitation, the following types of information about you: the Internet Protocol (IP) address through which you accessed the PEM App; the date and time you access the PEM App; geolocation information; and the type of browser you are using to access the PEM App. Related information that may be gathered includes, without limitation: host or proxy address; requested resource; whether the request succeeded or failed; the size of the resource; browser version; and referring web site (if any).

b. How UK Uses Information

i. Potential Uses

UK may use the information that you provide for various uses, including but not limited to: counting ad impressions to unique visitors; protecting against malicious, deceptive, or fraudulent activity, and prosecuting those responsible for such activities; short-term transient use; providing customer service; processing or fulfilling orders or transactions; marketing and advertising apart from User content or Application Content; managing the activities associated with the PEM App and Application Content and interacting via UK or its vendors or providers with Users; and undertaking internal research for technological development and demonstration.

ii. Compelled Disclosure

UK reserves the right to use or disclose your personal information if required by law or if UK reasonably believes that use or disclosure is necessary to protect its rights, protect your safety or the safety of others, investigate fraud, or comply with applicable law, court order, or legal process. UK is subject to the Kentucky Open Records Act, KRS 61.100, et. seq., and information in and related to the PEM App may, dependent on the application of applicable law, be required to be disclosed pursuant to such law.

iii. UK Will Not Sell Your Personal Information

UK will not sell, rent, transfer, or disclose your personal information to advertisers or other third parties for direct marketing purposes. You may receive marketing or other promotional materials from UK. UK makes no representation, warranty, or covenant regarding the use made of your information supplied via your use of the PEM App and access to the Application Content by vendors or partners of UK accessing that data.

iv. Cookies and Similar Technologies

UK may use cookies or similar technologies (such as web beacons) to analyze trends, administer its services, track Users’ movements around the PEM App, test content on the PEM App, store information about your preferences, recognize when you return to the PEM App, and to gather demographic information about UK’s user base as a whole.

The PEM App uses Google Analytics to collect information about you and your behaviors. If you would like to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/.

Do Not Track is a preference you can set in your browser to inform applications that you do not want to be tracked. We support Do Not Track (“DNT”). You may be able to enable or disable DNT by visiting the Preferences or Settings page of your browser.

c. Opting Out and How You Can Learn More

You may opt-out of us collecting your personal information at any time by not inputting data into the PEM App, by clicking unsubscribe on emails, and by contacting us; provided, however, that any personal information supplied to us prior to opting out may be retained.

If you have specific questions about your data privacy, please use the contact information provided in the last section of these Terms below.

8. Disclaimers and Disclosures

Any access to the PEM App is voluntary and at the sole risk of the User. The PEM App and Application Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, UK explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. UK makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the PEM App or Application Content.

The owner of the PEM App is based in the Commonwealth of Kentucky in the United States. We provide the PEM App for use only by persons located in the United States. We make no claims that the PEM App or any of the Application Content is accessible or appropriate outside of the Commonwealth of Kentucky. Access to the PEM App may not be legal by certain individuals, entities, or others or in or via certain countries. If you access the PEM App from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws.

UK DOES NOT WARRANT THAT THE PEM App WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. UK ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR (I) ANY ERRORS OR OMISSIONS IN THE APPLICATION CONTENT, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR ELECTRONIC EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE PEM App OR YOUR DOWNLOADING OF ANY APPLICATION CONTENT OR OTHER WEBSITES OR APPLICATIONS, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.

No advertising, sponsorship, paid insertions or other forms of compensation for endorsements are made by UK to you in connection with the PEM App or Application Content. All third-party content included in the Application Content is done without endorsement of UK, the PEM App or Application Content. Accessing a third-party website or application from the PEM App subjects you to the terms and conditions and privacy policies of the third-party site or application. UK is not responsible for the terms and conditions, contents, privacy policy, or other practices of any third-party websites or applications linked to on or via the PEM App or Application Content. All product and service marks contained in the PEM App and Application Content that are not UK marks are the trademarks of their respective owners.

This material was funded by USDA’s Supplemental Nutrition Assistance Program (SNAP). This institution is an equal opportunity provider.

9. Indemnity

To the extent and in the manner provided by applicable law, you will indemnify and hold harmless UK and its officers, trustees, directors, employees, agents, and students from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees and costs arising out of or in any way connected with your (i) access to or use of the PEM App or Application Content, (ii) breach of any warranties made by you under these Terms, (iii) violation of any other provision of these Terms, or (iv) violation of any third-party right. UK reserves the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with UK in asserting any available defenses.

10. Limitation of Liability

Neither UK, its suppliers or licensors, nor any party involved in creating, producing, or delivering the PEM App or Application Content will be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including lost profits, loss of or misuse of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use or inability to use the PEM App or Application Content or any of its intended functionality, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not UK has been informed of the possibility of such damage, even if a limited remedy set forth in these Terms is found to have failed its essential purpose. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between UK and you.

11. Choice of Law/Governing Law/Jurisdiction and Venue

These Terms and the resolution of any disputes under them or regarding the PEM App or Application Content shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without regards to its conflict of laws principles. Any dispute between UK and any User may be brought in Franklin Circuit Court in Frankfort, Kentucky in the Commonwealth of Kentucky, and UK and each User consents to the personal jurisdiction and exclusive venue of this court. Notwithstanding any other terms or conditions of these Terms, neither of UK nor you, nor your institution or organization, to the extent that one of them is a state agency or corporation eligible to claim privileges or immunities under applicable law under the laws of its or their jurisdiction, shall be deemed to have waived any privileges or immunities that might be available to it under applicable law.

12. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PEM APP, OR APPLICATION CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13. General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between UK and you regarding the PEM App and Application Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between UK and you regarding the PEM App and Application Content. UK expressly reserves all rights that it does not expressly grant in these Terms.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without UK’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. UK may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of you and UK and each of your and UK’s successors and permitted assigns. Any notices or other communications provided by UK under these Terms, including those regarding modifications to these Terms, will be given by posting to the PEM App.

The PEM App is intended for use by a general audience and does not offer services to children. Should a child whom we know to be under 18 years of age send personal information to us, we will use that information only to respond to that child to inform them that they cannot use the PEM App.

UK’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of UK.

Except as expressly set forth in these Terms, the exercise by you or UK of any remedy under these Terms will be without prejudice to other remedies available to you or UK under these Terms or otherwise.

Subject to any agreements UK may have with any licensors, vendors, and suppliers, UK reserves the right to change or discontinue features and specifications of the PEM App and Application Content at any time and without notice.

14. Contact Information

Should you have any questions regarding these Terms, the PEM App or Application Content, contact:

Nutrition Education Program
4071 Tates Creek Center Dr
Suite 300
Lexington, Kentucky 40517
859-257-2948