NOTICE CONCERNING CHILDREN. The SHAPESite is a general audience site, and wedonot direct any ofour content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a SHAPESiteuser is under age 13,wewill promptly delete any personal information in that user’s account.
INFORMATION COLLECTIONPRACTICES. Depending on how you use the SHAPE Site, we may ask you to share personal information with us. Whether you choose to giveusinformation is completely up to you; however, if you choose to withhold information, you may not be able to fully utilize the SHAPE Site.
What Information Does SHAPE Collect? We will receive, collect, store, and processinformation, including personal information and non-identifying information, when you interact with us and access the SHAPESite. Non-identifying information means information that alone cannot identify you, including data from cookies(discussed in greater detail below). Personal information means information about you that specifically identifies you,or, when combined with other information we have, can be used to identify you. This generally includes but is not limited to the following types of information:
Contact Information: your name, user name(s), password(s), postal address(es), business information, email address(es), telephone number(s), or other addresses at which you are able to receive communications, including your street address or post office box, city, state, and zip code
Physical Information: yourheight, weight, and other body measurements.
Fitness, Nutrition, and Activity Information: your level of fitnessas well as details regarding your fitness skills, your sport historyand preferences, your recreational preferences, the types and number of workouts you may beusing, workout and activity tracking, hours trained or exercised, your dietary history and preferences, your medical history, and your occupational history.
Financial and Payment Information: information collected from you as needed to process payments for services, goods,or products purchased through the SHAPESite, such as your payment credit card number, expiration date, card verification number, and related billing information.
Locational and DemographicInformation: information you provide that enables us to determine areas of interest and activities; locational information, such as communities or neighborhoods; and demographic information, such as birth date, age, and gender
Transaction InformationandGeneral Feedback: informationyou provide when you interact with us and the SHAPESite, such as email, online form,and other communications, as well as content you post on message boards or social media, or information, reviews, and testimonialsyou submit about our products, goods, or services.
Lifestyle and Personal Preferences: your social media accounts and user names, as well as content, such as photos and videos of yourself.
When DoesSHAPECollect This Information?Wemay collect information when youinteract with SHAPEand theSHAPESite,for example when you:
Access or use the SHAPE Site.
Purchase serviceson or through the SHAPE Site.
Register or create or edit your account and user profile via the SHAPE Site.
Sign up to receive our email newsletter and receive news, information, and exclusive offers, etc.
Contact us and submit inquiries regarding generalinformationandmarketing.
Fill out online surveys, questionnaires, or forms, including the Complete the Physical Activity Readiness Questionnaire (PAR-Q).
Post comments,orsubmit photos,reviews, testimonials, ratings, or other informationand content to the SHAPE Site,including to ourblog and on social media.
Send emails to us,including attached files.
Open or respond to our emails.
Contact customer support.
At any time, you may indicate your preference to stop receiving further communications from us as further detailed below.
How Do We Use Your Information?In general, information you submit or share with us is used by SHAPE, for various purposes, including but notlimited to the following:
To enable your access to our services and the SHAPESitefeatures, as well as to allow you to participate in interactive features of the SHAPE Site, if available, when you choose to do so
To personalize your experience and to allow us to deliver the type of content and offerings in which you are most interested.
To assist you with your health and performance goals, such as providing you with advice, analysis, and feedback on your goals.
To provide, maintain, protect, develop, and improve the SHAPESite, and to notify you about changes to the SHAPE Site.
To fulfill your requests for services, and process and deliver your transactionsand orders.
To provide you with information in response to your inquiries, and to provide you with customer support.
To send periodic emails regarding yourordersandservices.
To mail information about the SHAPESite, marketing materials, and gifts to you.
To offer you additional information, opportunities, promotions,and functionality from us or on our behalf.
To assist us in taking data security precautions and to engage in fraud prevention, detection, and remediation.
To detect, prevent, and address technical issues.
To comply with applicable international, federal, state, provincial and local laws, directives, rules, regulations, and ordinances; civil, criminal or regulatory investigations; or other legal requirements, such as court orders.
OTHER SHAPE SITE USER ACCESS TO YOUR INFORMATION.Portionsof the SHAPE Site, such as social networking sites,are provided to you so that you can post reviews and recommendations. As such, the main sharing of your information is with other SHAPE Site users. By voluntarily disclosing information about yourself on the SHAPE Site, including on your public profile, you share such information with other SHAPE Site users. You understand and acknowledge that thecontent you shareon the SHAPE Site is information that may be publically viewable on a public forum –once you post your content, SHAPE is unable to control what other users may do with that content. We ask that you protect your privateinformation and that of your familyby not posting or publishing any information that you do not want in the public domain. You may restrict the audience for all or part of your profile or for certain content or information about you by adjusting the settings on your account.
However, we may provide your personal information to thirdparty service providers or affiliates to perform business functions onourbehalf or in conjunction with us. Specifically,our service partners may use your personal information to operate the SHAPE Site and to delivertheir services. For example, we mayuse third parties to help us make our servicesavailable to you, process credit card payments, provide customer service, conduct market research or information analysis, manage promotions, and contact you in connection with the SHAPESite. We limit information provided to the aforementioned affiliate and third party service providers to the extent necessary for themto provide the services and require such service providers to promise not to use such information except as necessary to provide the relevant services to us. In these instances, we may need to provide your information to these third parties for such purposes.We will encourage our service partners to adopt and post privacy policies; however, the use of your personal informationby our service partners is governed by the privacy policies of those service partners and is not subject to our control. Please also see Section 15 on how we will respond to “Do Not Track” signals
We may also disclose your personal information if we believe in good faith that such disclosure is necessary to
(A)respond to subpoenas, court orders, or legal process, or if we need to establish or exercise our legal rights or defend against legalclaims;
(C) to protect our property, rights, and safety and the rights, property, and safety of third parties or the public in general; or
(D) restrict or inhibit any user from using our SHAPESite, including, without limitation, by meansof "hacking" or defacing any portion thereof.
COMMERCIAL EMAILS.You may choose not to receive commercial emails from us by following the instructions contained in any of the commercial emails we send or by logging into your account and adjusting your email preferences. Please note that even if you unsubscribe from commercial email messages, we may still email you non-commercial emails related to your account and your transactions on the SHAPESite. You may update your subscription preferences at any time.
SECURITY.We are committed to protecting the security of your personal information. We use avariety of industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your personal information, no company, including us, can fully eliminate securityrisks associated with personal information. The SHAPESitehas security measures in place to prevent the loss,misuse, and alteration of the information that we obtain from you. Please keep in mind, however, that whenever you give out personal informationonline there is a risk that third parties may intercept and use that information. While SHAPEstrives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using the SHAPESite, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the SHAPESiteand that any personal information, general information, or other data or information received from you through the SHAPESiteis provided to us at your own risk, which you expressly assume.You further understand and acknowledge thatthe Company’s online productand service reviewsand testimonials, blog, and social media, to which userspublish content, area public forum and not a communication between you and your physician or healthcare provider. We ask that you protect your private health information and that of your familybynot posting or publishing personal health information.
THIRD PARTY WEBSITES. The SHAPESite may contain links to other websites or mobile applications. This includes services in connection with third party "social media" and other sites that would allow personal information to be transferred to such third parties (e.g., Instagram, Facebook, YouTube, Twitter, Skype, Google+, etc.). If you choose to visit other websites or mobile applications, we are not responsible for the privacy practices or content ofthose other websites or mobile applications, and it is your responsibility to review the privacy policies at those websites or mobile applications to confirm that you understand and agree with their policies.To protect your information, we recommend thatyou carefully review the privacy policies of other third party websites and services that you access
YOUR CALIFORNIA PRIVACY RIGHTS: CALIFORNIA CONSUMER PRIVACY ACT OF2018 (“CCPA”). The CCPA provides California residents with specific rights regarding their personal information. You have the right to know what categories and specific pieces of personal information are collected about you, and you have the right to request that SHAPE disclose certain information to you about our collection and useof your personal information over the past 12 months. As described in more detail herein, the SHAPE Site has collected the following categories of personal information from its consumers within the past 12 months: identifiers (e.g., name, email address, IP address, etc.); commercial information (e.g., products purchased or considered, or other purchasing or consuming histories or tendencies); Internet activity (e.g., usage data and information on your interaction with the SHAPE Site); geolocation data (e.g., your physical location, generally); and inferences about personal preferences and attributes drawn from profiling (e.g., via cookies).
As such and as applicable, you may submit a verifiable consumer request by contacting us in accordance with the “Contact Us” section below (i.e., either by phone, mail, or email). You also have the right to know what personal informationis sold, shared, or disclosed withthird parties. You may submit a verifiable consumer request by contacting us in accordance with the“Contact Us” section below (i.e., either by phone, mail, or email). Further, under the CCPA, you have the right to opt-out of the sale of your personal information; however, we do not sell your personal information. Subject to statutory exclusions, you have the right to request that we delete the personal information that we have collected about you. You may submit a request for deletion by contacting us inwriting with your request, at email@example.com or via mail in accordance with the “Contact Us” section below.Ifyou exercise your rights under the CCPA, you have the right to not be discriminated against.
YOUR CALIFORNIA PRIVACY RIGHTS: CALIFORNIA SHINE THE LIGHT LAW.Under California’s “Shine the Light” law, California residents who provide certain personal informationin connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer informationwe shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. Such requests must be submitted to us by contacting us in accordance with the “Contact Us” section below. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
NOTICE TO RESIDENTS OF COUNTRIESOUTSIDE THE UNITED STATES OF AMERICA. Your information may be transferred to,and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you live outside the United States
CLASS ACTION WAIVER.ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLYON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SHAPESITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
THE SHAPESITEIS NOT INTENDED FOR ANYONE UNDER THE AGE OF 18. IF YOU ARE BETWEEN THE AGES OF 13 TO 17 YEARS, YOU MUST ACCESS AND/OR USE THE SHAPESITEONLY WITH THE PERMISSION AND INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
Click Stream Data. When you visit the SHAPE Site, wemay also collect “click stream data” (e.g., server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of the SHAPE Site, to determine which features of the SHAPE Site are most or least effective or useful to you.
Mobile andLocation Information.SHAPE Site features may be accessible from web-enabled mobile devices. The intent is to provide screens that are optimized for the size of the screen and operating systems. On some devices, functionality may be limited. If you use mobile-enabled services provided by the SHAPESite, such as any SHAPEmobileor tabletapplication made available by us, wemay receive information about youfrom your mobile device. This may also include information about your precise location if you have enabled location-based services on your mobile device. Wemay also receive information about your device and may have access to your camera, microphone, or other device services or hardware.Some devices may allow you to opt-out of this collection or access, and in those cases, you may be able to subsequently stop thecollection or access. Please review your device settings for more information.
Other Information We Collect. We also may collect other information about you, your device, or your use of the SHAPESite in ways that we describe to you at the point of collection orotherwise with your consent.
Modifying, DeletingYour Information.You can access and modify the information you provide to us via the SHAPESiteor by contacting usin accordance with the “Contact Us” section below (i.e., either by phone, mail, or email). If you want us to delete your information, please contact usin writing with your request,firstname.lastname@example.org via mail in accordance with the “Contact Us” section below. Wewilltake steps to delete your information as soon as is practicable, but some information mayremain in archived/backup copies for our records or as otherwise required by law. You can adjust your communication preferences at any time, including opting out of promotional mailings, from your account.
How Long We Keep Your Information.We will retainyour information for as long as you use the SHAPE Site and for a limited period after you cease using the SHAPE Site for billing and collection purposes. SHAPE keeps your personal information only as long as we need itfor legitimatebusiness purposes andas permitted by applicable law.
When contacting us,please clearly state your request, including your name, mailing address, email address, and phone number