THE DIFFERENCE APP LLC

PRIVACY POLICY

Last Revised: 06/22/2026

This Privacy Policy (“Policy”) describes how The Difference App LLC, a New York limited liability company (“The Difference,” “we,” “us,” or “our”), collects, uses, discloses, and protects information in connection with the The Difference mobile application and related services (collectively, the “Service”). By creating an account or using the Service, you acknowledge that you have read and understood this Policy.

1. Scope of This Policy

This Policy applies to information we process about users of the Service. It does not apply to information collected by third parties whose products or services we do not control. This Policy is a consumer-facing notice; it does not constitute our internal information-security or employee data-handling policies, which are maintained separately.

2. Information We Collect

Information you provide to us. When you create an account and use the Service, you may provide your name, email address, account credentials, and profile details, as well as wellness inputs such as weight, height, body mass index (BMI), caloric intake, dietary and activity logs, and personal goals.

Information collected automatically. When you use the Service, our service providers and we may automatically collect your device identifiers, mobile advertising identifiers, IP address, app activity and usage data, and — where you enable location permissions — precise geolocation.

Information from third parties. We may receive information from analytics providers, platform providers (such as the Apple App Store or Google Play), and other partners, consistent with their terms and your settings.

Certain of the categories above constitute “personal information” under applicable privacy laws. Device identifiers, advertising identifiers, IP address, and precise geolocation are personal information — not anonymous or “non-personal” data. Precise geolocation and information about your health or wellness are treated as “sensitive” personal information or “consumer health data” under applicable law and receive heightened protection as described below.

3. How We Use Your Information

We use the information we collect to provide, maintain, personalize, and improve the Service; to deliver the predictive and analytic features that are core to the Service; to communicate with you about your account; to provide customer support; to ensure security and prevent fraud; to comply with legal obligations; and for other purposes disclosed to you at the point of collection or to which you consent.

4. How We Disclose Your Information

Service providers and processors. We disclose information to vendors that process it on our behalf and under written contracts limiting their use of the information to the services they provide to us.

Legal and safety. We may disclose information to comply with law, respond to lawful requests, enforce our agreements, or protect the rights, safety, and property of users, the public, or The Difference.

Business transfers. In connection with a merger, financing, acquisition, or sale of assets, information may be transferred as part of that transaction, subject to the protections of this Policy.

With your direction or consent. We disclose information at your direction or with your consent.

Sale and sharing of personal information. We may sell your personal information, and we may share it for cross-context behavioral advertising, to third parties such as data partners, advertisers, and analytics providers. The categories of personal information we may sell or share include identifiers, device and advertising identifiers, IP address, approximate and precise geolocation, and app usage and activity data. We do this to support and develop our business, including through data and advertising partnerships. We disclose these practices to you here, at the point of collection, so that you are informed of them when you choose to provide your information and use the Service.

Your right to opt out. You have the right to direct us not to sell or share your personal information, and to limit our use and disclosure of your sensitive personal information. To exercise these rights, use the “Your Privacy Choices — Do Not Sell or Share My Personal Information” control in the app’s settings, and see Section 8. We honor opt-out preference signals, such as the Global Privacy Control, where they apply.

Consumer health data. We will not sell your consumer health data — including your weight, BMI, caloric intake, and activity data — unless you have given us your separate, affirmative authorization to do so, as described in our Consumer Health Data Consent Notice. That authorization is separate from this Policy and from your acceptance of our Terms and Conditions, and you may withdraw it at any time.

5. Consumer Health Data

Some information you provide — including weight, BMI, caloric intake, and activity data — may constitute “consumer health data” under state law, including the Washington My Health My Data Act for Washington residents. We are not a “covered entity” or “business associate” under the federal HIPAA statute, and the Service is not a HIPAA-regulated product. We handle consumer health data consistent with the FTC Act, the FTC Health Breach Notification Rule, and applicable state law. We collect and use consumer health data only to provide the Service and for the purposes disclosed in this Policy, and as described in Section 4, we will not sell your consumer health data unless you have given us a separate, affirmative authorization to do so.

6. Data Retention

We retain personal information for as long as your account is active or as needed to provide the Service, and thereafter for the period reasonably necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, after which we delete or de-identify it.

7. Data Security

We maintain administrative, technical, and physical safeguards designed to protect personal information. No method of transmission or storage is completely secure, however, and we cannot guarantee absolute security.

8. Your Privacy Rights

California residents (CCPA/CPRA). Subject to applicable law, you may have the right to know and access the personal information we collect; to delete personal information; to correct inaccurate personal information; to opt out of the sale or sharing of personal information; to limit the use and disclosure of sensitive personal information; and to be free from discrimination for exercising your rights. You may submit a request using the contact details in Section 12. We will verify your request and may require information sufficient to confirm your identity. You may use an authorized agent, and you may appeal a denial by contacting us.

Other U.S. state residents. Residents of other states with comprehensive privacy laws may have comparable rights to access, correct, delete, and obtain a portable copy of their personal information, and to opt out of targeted advertising, sale, or certain profiling. Contact us to exercise these rights.

Washington consumer health data. Washington residents may have the right to access, delete, and withdraw consent with respect to consumer health data as described in Section 5.

EEA/UK residents (GDPR). Where the EU or UK General Data Protection Regulation applies, our lawful bases for processing are the performance of our contract with you, your consent, our legitimate interests, and compliance with legal obligations. You may have the rights of access, rectification, erasure, restriction, portability, and objection, and the right to lodge a complaint with a supervisory authority. The data controller is The Difference App LLC at the address in Section 12.

9. Children’s Privacy

The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us with personal information, contact us, and we will take appropriate steps to delete it. Use of the Service by minors is otherwise governed by the eligibility provisions of our Terms and Conditions.

10. International Users

The Service is operated in the United States. If you access the Service from outside the United States, you understand that your information may be processed in the United States, where data-protection laws may differ from those in your jurisdiction.

11. Changes to This Policy

We may update this Policy from time to time. When we do, we will revise the “Last Revised” date above and, where required by law, provide additional notice. Material changes affecting how we sell, share, or use sensitive information will be communicated before they take effect.

12. Contact Us

If you have questions about this Policy or wish to exercise your privacy rights, contact us at: The Difference App LLC, 131 Elm Street, Unit B, New Rochelle, NY 10805; thedifferenceapp@gmail.com.