INTRODUCTION

At Shape Builders your privacy is important to us. This Privacy Policy (“Policy”) is intended to inform you about the information we collect, how it is used, who it is shared with, how it is protected, and information to assist you in exercising your privacy rights. Shape Builders collects personal information about you to provide and improve its service to you. Your information will not be used or shared with anyone except as described in this Policy. By visiting the Shape Builders website (“Site”) you are accepting the practices described in this Policy.

SCOPE

This Policy applies to personal information processed by Shape Builders, including on our websites, mobile applications, and other online or offline offerings (“Services”).

INFORMATION COLLECTION

Shape Builders may collect a variety of information about you depending upon the Services that you use. When using the website Shape Builders will collect non-personal information, such as domain name and IP address information, as well as the operating system, Internet browser, web request information, and which Shape Builder Web pages you have accessed. Additionally, any information that you provide through the website, e.g., answered questions, chats, posts, surveys, purchase information, delivery details, etc. may be collected and stored.

Shape Builders may collect different information about you depending upon which of its Services you use. For example, when creating an account Shape Builders may collect your fitness goals, activity level, and profile information. Profile information may include, but is not limited to details such as your name, dietary preferences, phone number, date of birth, gender, exercise habits, coach or trainer preferences, medications, health and medical conditions, physical limitations, etc.

Shape Builders may also collect information about you shared with it by its partners, third-parties, or through automated connections that you have provided to it. For instance, Shape Builders may collect and use information provided to it from devices or apps that you connect to its Services, and information from these devices that is passed onto Shape Builders by those devices or connections. This information may include health information, e.g., heart rate, body fat percentage, steps, GPS location, etc. You may control the sharing of this information through appropriate configuration of your devices and connections.

While using interactive features Shape Builders’ Services you might provide information using the public sharing features. All publicly shared information will be considered public information, unless otherwise required by applicable law. Public information is not subject to privacy protections.

Shape Builders may, occasionally, post job openings and opportunities on its Site or via its Services. If you reply to one of these postings by submitting an application, cover letter, CV, resume, etc., Shape Builders will collect and use that information to assess your qualifications.

Shape Builders may use analytics platforms such as Google Analytics and other services to collect information about the behavior and demographics of users of its Services. This information may be used to change, improve, or promote Shape Builders’ Services. More information about these services will be posted here as updates and as appropriate. More information about Google Analytics can be found at www.google.com/policies/privacy/partners/.

Some Shape Builder Services may provide you with the ability to refer or share your information with friends, third parties, or the public. Shape Builders may collect this information so it is important that you share only the information that you are comfortable sharing with that audience. 

Shape Builders may use any information collected to contact you in the future to inform you of special offers, new products or services, or changes to this Policy.

INFORMATION USE

The information that is collected is used by Shape Builders primarily for its own internal functional and administrative purposes. This includes, e.g., providing, maintaining, evaluating, and improving our Services and Site; fulfilling requests for information; and providing customer support. It also will be used to provide you with the best possible experience with our Services, e.g., your health and fitness goal information may be used to connect you with particular trainers or recommend particular workouts that may best fit your objectives.

Your information is also used for business purposes, such as measuring interest in, and modifying and improving our Services; researching, developing, and testing new products and Services; ensuring quality controls; verifying your identity; preventing fraud and other illegal activities; complying with our legal obligations; and enforcing our ToS.

Shape Builders may also use your personal information for marketing purposes and as permitted by law, e.g., to tailor content and advertisements that you see on the Site; send you advertisements for services based on your interests, activities, and profile; or include you in custom audience advertisements.

INFORMATION DISCLOSURE

Shape Builders may disclose your information to third parties for a variety of business purposes including to provide its Services; to advertise its Services; to protect it or others; or in the event of a major business transaction such as a merger, sale, or asset transfer, share your information with potential purchasers and their agents or sell your information to a purchaser.

Your information will be disclosed as necessary with third-party service providers who require it to help Shape Builders to provide its Services. This includes but is not limited to service providers that provide IT support, hosting, payment processing, customer service, and related services. It also includes business partners and affiliates with whom we may partner to provide you with a product or service.

Third-Party Services may be available to you through our Services or Site. Shape Builders is not responsible for the information that you provide to third parties through its Services or Site. You are responsible for reading and understanding the privacy policies of those third parties and how those policies apply to the information you provided. You are responsible for an assume all risk arising from your use of or sharing of information with any third parties.

To facilitate its marketing activities, Shape Builders may share your personal information with third-party advertising partners, who may use various technologies on our Services to collect information regarding your activities on our Services, Site, or that you’ve shared with us. These advertising partners may use this information to deliver personalized advertisements to you when visiting digital properties, i.e., other websites, services, and apps, within their networks.

Shape Builders may access, preserve, and disclose any of your information that it stores with you to external parties if it, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

PRIVACY CHOICES AND RIGHTS

The privacy choices you may have about your personal information are determined by applicable law and are described below.

·       Email and Telephone Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our ToS or to this Policy).

·       Text Messages. You may opt out of receiving text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us.

·       Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device.

·       “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Your Privacy Rights. In accordance with applicable law, you may have the right to:

·       Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information;

·       Request Correction of your personal information where it is inaccurate, incomplete or outdated. In some cases, we may provide self- service tools that enable you to update your personal information;

·       Request Deletion, Anonymization or Blocking of your personal information when processing is based on your consent or when processing is unnecessary, excessive or noncompliant;

·       Request Restriction of or Object to our processing of your personal information when processing is noncompliant;

·       Withdraw your Consent to our processing of your personal information. If you refrain from providing personal information or withdraw your consent to processing, some features of our Service may not be available;

·       Request data portability and receive an electronic copy of personal information that you have provided to us;

·       Be informed about third parties with which your personal information has been shared; and

·       Request the review of decisions taken exclusively based on automated processing if that could affect data subject rights.

If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

Under the California Consumer Privacy Act of 2018 (“CCPA”), consumers have certain rights related to the personal information collected by Shape Builders. This Policy sets forth the types of information collected, the purpose of collecting that information, and the categories of third parties to which that information is disclosed. If you are a California resident and wish to exercise any right under the CCPA, please send your request to Shape Builders using the information in the "Contact Us” section below.

INTERNATIONAL DATA TRANSFERS

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

RETENTION OF PERSONAL INFORMATION

Shape Builders stores the personal information collected as described in this Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

SECURITY OF YOUR INFORMATION

Shape Builders follows generally accepted industry standards to protect your information both during transmission and once it is received.

Shape Builders takes steps to ensure that your information is treated securely and in accordance with this Policy. Unfortunately, no system is 100% secure, and Shape Builders cannot ensure or warrant the security of any information you provide to it. Shape Builders has taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. To the fullest extent permitted by applicable law, Shape Builders does not accept liability for unauthorized disclosure of your information.

By using our Services or providing personal information to Shape Builders, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If Shape Builders learns of a security system’s breach, it may attempt to notify you electronically by posting a notice on its Services, by mail, or by sending an email to you.

LOG DATA

In the event of an error during the use of Shape Builders’ Services or Site, it may collect information about that error, commonly called Log Data. This data may include personal information. This information will be used exclusively for determining and remedying the root cause of the error.

COOKIES, PIXEL TAGS, WEB BEACONS, AND OTHER TECHNOLOGIES

Shape Builders may use cookies, pixel tags, web beacons, and other technologies on its Site. These technologies automatically collect information through your use of our Services and serve to make your user experience better by automating or preconfiguring certain features.

A cookie is a small text file stored on your hard drive that helps improve your access to and configuration of the Site. While you can block cookies, if you do you may experience degradation of service or certain functions of the Site may not work properlty for you.

Pixel Tags or Web Beacons are small pieces of code embedded in Shape Builders Services that collect information about how you engage with that Service. This permits Shape Builders to know, for instance, that you clicked on a particular advertisement or service.

SHARING

Except as provided for in this Policy, Shape Builders will not sell or otherwise provide the information collected to outside third parties for the purpose of direct or indirect mass email marketing.

However, please note that whenever you voluntarily disclose personal information online, that information can be collected and used by others. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

You are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you are online.

LINKS TO THIRD-PARTY SITES

Shape Builders’ Site and Services may contain links to other sites. If you click on a third-party link, you will be directed to that site. This Policy does not apply to third-party sites. Please be aware that Shape Builders is not and cannot be responsible for the content or privacy practices of third-party sites. You are encouraged to be aware when you leave Shape Builders’ Site and to read the privacy statements of any other site that collects your personal information.

CHILDREN’S PRIVACY

Shape Builders’ Site and Services are not directed to children under 13 (or other age as required by local law), and it does not knowingly collect personal information from children, except where we have parent’s verifiable consent.

If you are a parent or guardian and wish to review information collected from your child, or have that information modified or deleted, you may contact Shape Builders as described in “Contact Us” below. If Shape Builders becomes aware that a child has provided us with personal information in violation of applicable law, that information will be deleted, unless there is a legal obligation to keep it. Shape Builders will also terminate the child’s account if applicable.

SURVEYS AND CONTESTS

From time-to-time Shape Builders may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose to participate or not and therefore whether or not to disclose the requested information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

CONSENT

By using Shape Builders’ Site or Services, you consent to the collection and use of information as described in this Policy.

CHANGES TO THIS PRIVACY POLICY

Changes to this Policy will be posted on this page and are effective immediately upon posting. Please review this page frequently to remain apprised of the information collected, how that information is used, and when it is disclosed. Review the new Policy carefully to ensure you understand our practices and procedures.

OTHER PROVISIONS

Supervisory Authority. If you are located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.