We are excited to welcome you to the SHAPE Community! Your privacy is a top priority for us. This Privacy Policy (“Privacy Policy”) describes how we –MODEL SHAPE, LLC(“us,” “we,” or “SHAPE”)–collect, use, protect, and share the personal information of our customers.Customers include those who visitthe SHAPE Siteandmobile applications, use our services, orotherwise interact with us


  1. PURPOSE OF POLICY.This Privacy Policyexplains how SHAPEuses your information andapplies to all who access or use our website, mobile or tablet websites, mobileor tabletapplications, services available and accessible via our websiteand mobile applications,electronic services, social networking sites, interactive features, software, technology, tools, content, promotions,contest, sweepstakes,equipment, and any other materialsor any other online activities or platform we own or control (collectively, the “SHAPESite”), or when you contact us in any manner. We created this Privacy Policyto give you confidence as you visit anduse the SHAPESite, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policyis only applicable to the SHAPESiteand not to any other websites or mobile applications that you may be able to accessfrom the SHAPESite, each of which may have data collection and use practices and policies that differ materially from this Privacy Policy

  2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE. All activities in which you may engage onthe SHAPESitearevoluntary. You are not required to provide any personal information to us unless you choose to access features on theSHAPESitethat require suchinformation. If you do not agree with the terms of this Privacy Policyor other Terms of Use on theSHAPESite, then you should immediately exit theSHAPESiteand discontinue using the SHAPESite. If you do not agree with the terms of our Privacy Policyand our Terms of Use, please do not provide us with personal information, and exit the SHAPESite. The Terms of Use of the SHAPESiteare expressly incorporated herein by reference and made a part of this Privacy Policy. A complete statement of SHAPE’s Terms of Use can be found by clicking here. By using the SHAPESite, you signify that you agree to the terms ofthis Privacy Policyas well as to our Terms of Use.

  3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY. This Privacy Policyis effective as of the date “Last Updated”, above, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the SHAPESiteor we otherwise notify you of the changes. We reserve the right to change this Privacy Policyat any time. Changes, modifications, additions, or deletions will be effective immediately upon their posting to the SHAPESite. You should check this Privacy Policyperiodically as its terms may change from time to time. Your continued use of the SHAPESiteafter we post any such modifications will constitute your acknowledgment of the modified Privacy Policyand your agreement to abide and be bound by the modified Privacy Policy. We will also revise the “Last Updated” date found at the beginning of this Privacy Policywhen we post changes to it.At minimum, SHAPE generally updates its Privacy Policy on an annual basis.

  4. DISCLAIMERS. This Privacy Policydoes not extend to anything that is inherent in the operation of the Internet, and therefore beyond SHAPE’s control, and is not to beapplied in any manner contrary to applicable law or governmental regulation.This online Privacy Policyonly applies to information collected through the SHAPE Site. This Privacy Policydoes not apply to any information we may collect from you in any place other than the SHAPE Site

  5. NO USE OF THE SHAPE SITE BY PERSONS UNDER 18 PERMITTED.SHAPE intends only persons who are 18 years or older to use the SHAPESite. Personal information submitted by a person under the age of 18 will not be accepted. Any general information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Privacy Policy. SHAPEis committed to protecting the privacy of children and has no intention of collecting personal data from children under the age of 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of email and other activities online


  7. 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.

  8. 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.

  9. Information Collected Via Technology –Do We Use “Cookies”?As you use the SHAPESite, certain informationmay 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 SHAPESite you use, the time and duration of your use of the SHAPESite, and other information about your interaction with content offered through the SHAPESite)(collectively,“Log Data”). We use Log Data to administer the SHAPESite and weanalyze (and may engage third partiestoanalyze) Log Data to improve, customize, and enhance the SHAPESite by expanding features and functionality and tailoring them to our users’ needs and preferences An Internet protocol address, or “IP Address,” isa number that is automatically assigned to your computerwhen you use the Internet. Your IP address enables us to identify your computer or devise on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Such general information, including cookiesand click stream data, as mentioned herein, may be collected from you whenever you access the SHAPE Site, whether or not you provide us with any other personal information. In some cases,your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. We may also use a person’s IP addressfor security purposesto fight spam, malware, and identity theft. We also use the IP address to generateaggregate, non-identifying information about how our SHAPESite isused. We also use cookies and navigational data, like Uniform Resource Locators (“URLs”), to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on the SHAPESite you clicked.

    “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you areviewing the SHAPESite. They are used to help us understand your preferences based on previous or current SHAPESiteactivity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about SHAPESitetraffic and SHAPESiteinteraction so that we can offer better SHAPESiteexperiences and tools in the future.We may use both session cookies and persistent cookies to identify that youhavelogged into the SHAPESite and to tell us how and when you interact with the SHAPESite. We may also use cookies to monitor aggregate usage and web traffic routing on our Site and to customize and improve the SHAPESite. Unlike persistent cookies, session cookies are deleted when you log off from the SHAPESiteand close your browser.You can manage your cookie preferences via your browser settings; however, if you choose to disable this function, your experience at theSHAPESitemay be diminished and some features may not work as they were intended.Some thirdparty service providers that we engage (including thirdparty advertisers) may also place their own cookies on your browser. Note that this Privacy Policycovers only SHAPE’suse of cookies and does not include use of cookies by such third parties.

    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.

    Retargeting Ads. The SHAPESite uses retargeting ads (also known as remarketing ads)toadvertise online. Retargeting uses cookies from thirdparty vendors like Google to track visitors. This tracking enables the thirdparty vendors to display our ads to people on various sites across the Internet based on their visits to this website. Specifically, Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of the SHAPE Site. This data is shared with other Google services. Google may usethe collected datato contextualize and personalize the ads of its own advertising network. If you wish to opt out of the use of such cookies, you can do so by visiting the Network Advertising Initiative opt-out webpage. You can also opt out of Google’s use of cookies on the Google Ad settings webpage.

    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.

    Information from ThirdParty Sources. We may receive information about you from publicly and commercially available thirdparty sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social mediasite if you connect to the SHAPESite from that social media site.We encourage you to review the privacy policyand any terms andconditions for the social media platform you select.

    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,atinfo@modelshape.comor 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.

  10. 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.

  11. THIRD PARTY ACCESS TO YOUR INFORMATION.Although you are entering into an agreement to disclose your information to us pursuant to this Privacy Policy, we do use third party individuals and organizations to assist us, including contractors, web hosts,app developers, and others. Throughout the course of our provision of the SHAPESite to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, andwe may hire outside contractors to perform maintenance or assist us in securing our website, or, our online and mobile interface provider develops and hosts a mobile application for us. It is therefore necessary that you grant the third parties we may usein the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that every authorization thatyou grant to us in this Privacy Policy, you also grant to any third party that wemay hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preservingthe SHAPESiteor its underlying files or systems. You agree not to hold us liable for the actions of any ofthese third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

  12. THIRD PARTY USE AND DISCLOSURE OF INFORMATION. Except as otherwise statedin this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes the personal information that we collect with third parties, unless you ask or authorize us to do so.

    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

    Additionally, in the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s assets may continue to process your personal information as set forth in this Privacy Policy.

    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;
    (B) share information in order to investigate, prevent, or take action regarding illegal or unethical activities,suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law;
    (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.

    You hereby consent to us sharing your personal information under the circumstances described herein.If you do not want us to use or disclose personal information collected 8about you in the manner identified in this Privacy Policy, you may not use the SHAPESite

  13. THIRD PARTY PAYMENT PROCESSORS. We may provide goods and/or services for purchase within the SHAPE Site. In that case, we use third party services for payment processing (e.g., payment processors). Payment information is provided directly to our third party payment processors, whose use of your personal information is governed by their privacy policy. These payment processors adhere to the standards set by the Payment Card Industry Data Security Standard (“PCI-DSS”) as managed by the PCI Security Standards Council, which is a joint effort of brands such as Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.The payment processors we work with is:

  14. 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.

  15. 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.

  16. 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

  17. CALIFORNIA'S "DO NOTTRACK" NOTICE; THIRD PARTY BEHAVIORAL TRACKING."Do Not Track" ("DNT") is a preference you can set in your web browser to let the sitesyou visit know that you do not want them collecting information about you. We are strongly committed to not sharing personal information with third parties; under this Privacy Policy, we may share your information only under particular situations, as described herein. Because we protect all users in this manner, we do not change our behavior in response to a web browser’s “Do Not Track” signal. For further details regarding DNT, visit Further, we do not allow third party behavioral tracking.

  18. 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 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.

  19. 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.

  20. 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

  21. and you use the SHAPESiteor provide us with personal information directly via the SHAPESite, your information will be handled in accordance with this Privacy Policy. By using theSHAPESiteor giving us your personal information, you are directly transferring your personal information and non-identifiable information to us in the UnitedStates. The United States may not have the same level of data protection as your jurisdiction. However, you agree and consent to our receipt, collection, transfer, and processing of your personal information and non-identifiable information in accordance with this Privacy Policy. You are solely responsible for compliance with any data protection or privacy obligations in your jurisdiction when you use the SHAPESiteor provide us with personal information. Regardless of where we transfer your information, we still protect your information in the manner described in this Privacy Policy


  23. CONTACT US.If you have any questions about this Privacy Policy, our practices related to the SHAPESite, or if you would like to have us modify or remove and delete your information from our database,please contact us at

    Model Shape, LLC512 N. Gower StreetLos Angeles, California 90004Email:

    When contacting us,please clearly state your request, including your name, mailing address, email address, and phone number