Privacy Policy – ShapeLog

Updated: September 1, 2020

Privacy Statement
This Privacy Policy governs the manner in which ShapeLog, Inc. collects, uses, maintains and discloses information collected from users (each, a “User”) of the ShapeLog owned, operated, or affiliated websites (“Website(s)”), application programming interfaces (“API(s)”), software development kits (“SDK(s)”), mobile applications (“App(s)”), or physical locations (“Physical Location(s)”), including office space, product testing facilities and product deployment sites (all of which we refer to collectively as “Services”). By using ShapeLog’s Services, you are herein consenting to this Policy.

Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our website or mobile applications, registers, fills out a form, and in connection with other activities, services, features or resources we make available via our Services. Users may be asked for, as appropriate, name, email address, height, weight, age, and fitness goals and ability. We also may collect exercise activity and user feedback in order to enhance the User’s experience or to enhance the Services we provide. We will collect personal identification information from Users only if they voluntarily submit such information to us by using the Services. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Services.

Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Services. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Services, such as the operating system and the Internet service providers utilized and other similar information, or information related to the User’s workout activity, including exercises, weight lifted, repetitions, intensity, and more.

Browser cookies
Our website and mobile applications may use “cookies” to enhance User experience. User’s web browser or phone places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser or phone to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Services may not function properly.

How we protect your information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated information not linked to any personal identification information or de-identified information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Services provided or administer activities on our behalf, such as sending out surveys or creating enhanced experiences. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Sensitive and private data exchange between the Services and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Sharing your personal information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our website, mobile applications, or .

Changes to this privacy policy
ShapeLog has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

California Privacy Statement
This Privacy Notice for California Residents applies solely to all visitors, users, and others who reside in the State of California (“California Users”) and access or use our Services. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

Publicly available information from government records.

De-identified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following types of information from consumers in the last 12 months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	YES
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	NO
G. Geolocation data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

We obtain the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from forms you complete or products and services you access or use.
Indirectly from you. For example, from observing your actions on our website or mobile applications.
From third-parties to whom you provide information in connection with our services, such as partner businesses.

Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following purposes:

To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information in connection with our exercise services, we will use that information to facilitate your exercise activity.
To provide you with information, products or services that you request from us.
To provide you with email or mobile alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
To enhance your experience with our products and services and those products and services of our partner businesses.
To create, maintain, customize, and secure your account with us.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
For testing, research, analysis and product development.
As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

Sharing Personal Information
ShapeLog, Inc. does not sell personal information. However, we may disclose your personal information to a third party for a business purpose or engage in a business transaction that consists of aggregated or de-identified personal information. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. For avoidance of doubt, we share your personal information exclusively with service providers to your subscribed products on a need to know basis.

Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, ShapeLog, Inc. has disclosed the following categories of personal information for a business purpose:

Category	Disclosed
A. Identifiers.	NO
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	NO
C. Protected classification characteristics under California or federal law.	NO
D. Commercial information.	NO
E. Biometric information.	NO
F. Internet or other similar network activity.	NO
G. Geolocation data.	NO
H. Sensory data.	NO
I. Professional or employment-related information.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	NO
K. Inferences drawn from other personal information.	NO

We disclose your personal information for a business purpose to the following categories of third parties: service providers (including partner businesses) and affiliates of ShapeLog, Inc.

Sales of Personal Information
In the preceding twelve (12) months, ShapeLog, Inc. has sold the following personal information categories.

Category	Sold
A. Identifiers.	NO
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	NO
C. Protected classification characteristics under California or federal law.	NO
D. Commercial information.	NO
E. Biometric information.	NO
F. Internet or other similar network activity.	NO
G. Geolocation data.	NO
H. Sensory data.	NO
I. Professional or employment-related information.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	NO
K. Inferences drawn from other personal information.	NO

Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The categories of third parties with whom we share that personal information.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Emailing us at contact@shapelog.com.
Calling us at (833) 742-7356

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us via one of the methods identified above.

You may only make a verifiable consumer request for access or data portability twice within a 12 month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include: name, birthdate, or other information recorded for the account.

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 to 90 additional days), we will inform you of the reason and extension period in writing within the initial 45 day period.

We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance, such as a spreadsheet or text document.

We do not charge a fee to process or respond to your verifiable consumer request.

Personal Information Sales Opt-Out and Opt-In Rights
ShapeLog, Inc. does not sell personal information. Should this change in the future, the CCPA grants you the right to opt out of such sales.

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us via either of the contact methods identified above.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by making a request to either of the contact methods identified above.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you services.
Charge you different fees for services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of services.
Suggest that you may receive a different price or rate for services or a different level or quality of services.

Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on our and update the notice’s effective date. Your continued use of our website or services following the posting of changes constitutes your acceptance of such changes.

EU Privacy Statement

Our commitment to privacy
Your privacy is important to ShapeLog, Inc. and its affiliates (collectively, “ShapeLog,” “our,” “us,” “we” or “company”). To better protect your privacy, we are providing information explaining our online information practices.

This Privacy Policy governs the manner in which ShapeLog collects, uses, maintains and discloses information collected from data subjects under applicable EU data protection laws (each, a “User” or “you”). Please read this Privacy Policy carefully. If you do not agree with any of the terms and conditions contained herein, please do not access or otherwise use our Services.

For purposes of applicable EU laws, ShapeLog may be deemed a data controller of any personal data collected by us.

This Privacy Policy constitutes a legally binding agreement between ShapeLog and the User. By entering and using these Services, you acknowledge your acceptance of, and agree to be bound by, the Privacy Policy stated herein and all additional terms incorporated by reference herein. If you do not agree to this Privacy Policy, please do not access or use these Services.

The information we collect and how we use it
We may collect various types of information from Users. For example, knowing how Users use our Services – tracking their movement through our websites or mobile applications – helps us improve design and usefulness. As a result, ShapeLog’s server collects general data pertaining to Users, including the length of time spent on the Services, the pages accessed while visiting, the browser name and type of computer used to access the Services, and IP addresses. ShapeLog generally does not, however, collect any personally identifiable information such as names, age, or email addresses from Users, unless a User submits such information to us.

To the extent that you provide us with any personally identifiable information through or in connection with these Services, we may use such information for ShapeLog’s business purposes, but will not disclose any personally identifiable information about you to anyone, except as permitted or required by law or regulation and to service providers. In providing personally identifiable information to ShapeLog, you consent to ShapeLog’s use of such personally identifiable information for the purposes described in this Privacy Policy.

Unfortunately, the transmission of information and data via the Internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of any information or data transmitted to or through our Services; any transmission of information or data by you to or through these Services is at your sole risk.

Capacity
You represent to ShapeLog that you have the authority to access these Services.

Cookies
Information regarding how you access these Services (e.g., browser type, access times, and Internet Protocol (IP) address) and your hardware and software is automatically collected through the use of cookies (a small text file placed on your hard drive) or other technologies or tools. This information is used to improve performance and for our business purposes. You may opt-in to accept cookies automatically by changing the settings on your browser. If you opt-out of certain cookies, you may not be able to access certain parts of these Services. You may wish to visit www.aboutcookies.org, which contains comprehensive information about types of cookies, how they are used, and how you manage your cookie preferences.

Notification of changes
We reserve the right to amend this Privacy Policy from time to time and for any reason, in our sole discretion, without notice, by updating this Privacy Policy. Accordingly, Users are strongly encouraged to review our Privacy Policy regularly. If we decide to change our Privacy Policy, we will post those changes so our Users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to collect personal information or use any collected information in a manner different from that stated at the time it was collected, we will notify Users by posting changes on this page. We will use information only in accordance with the Privacy Policy under which the information was collected. Your continued access or use of these Services following the posting of changes to this Privacy Policy means that you accept such revisions, changes, and/or amendments. If you object to any of the changes to this Privacy Policy, please stop accessing these Services. Please check this page frequently and review any changes to this Privacy Policy carefully so you are aware of any changes, as they are binding on you.