MODEL SHAPE, LLC
LAST UPDATED: NOVEMBER 19, 2019
THE SHAPE SITE IS 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 SHAPE SITE ONLY WITH THE PERMISSION AND INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
- NOTICE CONCERNING CHILDREN. The SHAPE Site is a general audience site, and we do not direct any of our 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 SHAPE Site user is under age 13, we will promptly delete any personal information in that user’s account.
- INFORMATION COLLECTION PRACTICES. Depending on how you use the SHAPE Site, we may ask you to share personal information with us. Whether you choose to give us information 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 process information, including personal information and non-identifying information, when you interact with us and access the SHAPE Site. 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: your height, weight, and other body measurements.
- Fitness, Nutrition, and Activity Information: your level of fitness as well as details regarding your fitness skills, your sport history and preferences, your recreational preferences, the types and number of workouts you may be using, 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 SHAPE Site, such as your payment credit card number, expiration date, card verification number, and related billing information.
- Locational and Demographic Information: 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 Information and General Feedback: information you provide when you interact with us and the SHAPE Site, such as email, online form, and other communications, as well as content you post on message boards or social media, or information, reviews, and testimonials you 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 Does SHAPE Collect This Information? We may collect information when you interact with SHAPE and the SHAPE Site, for example when you:
- Access or use the SHAPE Site.
- Purchase services on 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 general information and marketing.
- Fill out online surveys, questionnaires, or forms, including the Complete the Physical Activity Readiness Questionnaire (PAR-Q).
- Post comments, or submit photos, reviews, testimonials, ratings, or other information and content to the SHAPE Site, including to our blog 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 not limited to the following:
- To enable your access to our services and the SHAPE Site features, 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 SHAPE Site, and to notify you about changes to the SHAPE Site.
- To fulfill your requests for services, and process and deliver your transactions and orders.
- To provide you with information in response to your inquiries, and to provide you with customer support.
- To send periodic emails regarding your orders and services.
- To mail information about the SHAPE Site, 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.
Information Collected Via Technology – Do We Use “Cookies”? As you use the SHAPE Site, certain information may be passively collected and stored on our service providers’ server logs, including your device information (e.g., Internet protocol address, browser type, device settings, and operating system) and usage information (e.g., the SHAPE Site you use, the time and duration of your use of the SHAPE Site, and other information about your interaction with content offered through the SHAPE Site) (collectively, “Log Data”). We use Log Data to administer the SHAPE Site and we analyze (and may engage third parties to analyze) Log Data to improve, customize, and enhance the SHAPE Site by expanding features and functionality and tailoring them to our users’ needs and preferences.
Click Stream Data. When you visit the SHAPE Site, we may 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 and Location 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 SHAPE Site, such as any SHAPE mobile or tablet application made available by us, we may receive information about you from your mobile device. This may also include information about your precise location if you have enabled location-based services on your mobile device. We may 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 the collection 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 SHAPE Site in ways that we describe to you at the point of collection or otherwise with your consent.
Modifying, Deleting Your Information. You can access and modify the information you provide to us via the SHAPE Site or by contacting us in 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 us in writing with your request, at email@example.com or via mail in accordance with the “Contact Us” section below. We will take steps to delete your information as soon as is practicable, but some information may remain 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 retain your 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 it for legitimate business purposes and as permitted by applicable law.
- OTHER SHAPE SITE USER ACCESS TO YOUR INFORMATION. Portions of 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 the content you share on 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 private information and that of your family by 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 third party service providers or affiliates to perform business functions on our behalf or in conjunction with us. Specifically, our service partners may use your personal information to operate the SHAPE Site and to deliver their services. For example, we may use third parties to help us make our services available to you, process credit card payments, provide customer service, conduct market research or information analysis, manage promotions, and contact you in connection with the SHAPE Site. We limit information provided to the aforementioned affiliate and third party service providers to the extent necessary for them to 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 information by 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.
- 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 SHAPE Site. You may update your subscription preferences at any time.
- SECURITY. We are committed to protecting the security of your personal information. We use a variety 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 security risks associated with personal information. The SHAPE Site has 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 information online there is a risk that third parties may intercept and use that information. While SHAPE strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using the SHAPE Site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the SHAPE Site and that any personal information, general information, or other data or information received from you through the SHAPE Site is provided to us at your own risk, which you expressly assume. You further understand and acknowledge that the Company’s online product and service reviews and testimonials, blog, and social media, to which users publish content, are a 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 family by not posting or publishing personal health information.
- THIRD PARTY WEBSITES. The SHAPE Site 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 of those 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 that you carefully review the privacy policies of other third party websites and services that you access.
- Your California Privacy Rights: CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (“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 use of 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 information is sold, shared, or disclosed with third 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 in writing with your request, at firstname.lastname@example.org or via mail in accordance with the “Contact Us” section below. If you 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 information in 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 information we 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.
- Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON 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 SHAPE SITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
512 N. Gower Street
Los Angeles, California 90004
When contacting us, please clearly state your request, including your name, mailing address, email address, and phone number.