Privacy Policy

The BodySpex integrated hardware and software system ("System", "we") collects information to serve the needs of our users and members ("users", "you"). We understand that information about our bodies and health is personal. We respect your privacy and are committed to safeguarding it.

This Privacy Policy describes important information regarding the use and disclosure of User information collected by our System. Please read this document to determine whether to use or continue using our System, or any component thereof. Your use of our System and any information you provide is subject to the terms of this Privacy Policy and our Terms of Service agreement.

Information We Collect and How We Use It

Personal Information: The BodySpex website ("Site") provides a secure account and private pages for your real name, address, email address and phone number ("Personal Information"). Your Personal Information is private on the Site, accessible only by logging into your private account. Please note Challenges and Workplace Wellness Exception below.

Site Features, such as exercise reminders and alerts, utilize your email address, or other Personal Information, in the normal course of Site usage. Many of these functions may be disabled in your Preference settings. We do not use your email address or other Personal Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

BodySpex will not share your Personal Information with any third party without your advance consent, unless compelled by law. Please note that health clubs hosting our scales are not considered third party entities. Certain Personal Information, such as your email address, may be shared with host facilities where your use of the BodySpex scale implies you are a member of that facility. We reserve the right to take necessary actions to investigate and defend itself against any third party claims or allegations, to protect the security and/or integrity of our Site, and to protect the rights, property, or personal safety of BodySpex, our Users or others.

Financial Information: We collect Financial Information that you provide when purchasing BodySpex products and services on this Site. We will not share your financial information with any third party, unless compelled by law.

User Data: User Data is at the heart of our service and how we motivate our members. We collect biometric, medical, behavioral and other data ("User Data") that you may have provided manually, via an integrated BodySpex Device or other method. For our assessment and guidance features, your personal User Data may be compared to, or otherwise related to, anonymous User data sets that have been compiled from all, or some, other User Data Records.

Your personal User Data is private (please note Challenges and Workplace Wellness Exception below). In the future, additional Site features may include features involving a public profile ("Social Network"). Should you elect to participate in any Social Network feature, certain personal User Data may become public, including but not limited to, goals, goal progress, current measurements, motivational and obstacles types.

Exposure of personal Data may seem discomfiting at first; however, we believe many users will realize a tremendous benefit by sharing their goals, progress, successes and failures with others who are, or have been, down a similar path.

Additional Site features in the near future may facilitate the sharing of certain personal User Data with a Trainer, Nutritionist, or other Health Professional.

Public Information: Currently, Public Information includes your nickname, avatar, and any comments, images or photos you post in any Community feature, such as a forum. Take care not to disclose any personal or identifying information in a public forum. If you submit personal information, such as your photograph or email address, in a public area, you assume all risks relating to the disclosure of that information. Refer to our Terms of Service agreement for more information.

Log File Information: BodySpex collects information about how you use your account, such as how often you log in and how much disk space you are using. Our servers automatically record certain information that your web browser sends whenever you visit any website, such as your IP address and browser type. We may use cookies in support of our efforts to collect usage information and better server you.

Anonymous and Derivative Data: In addition to personal User Data records, BodySpex compiles and stores all User Data records in anonymous, non-identifable data sets. BodySpex may analyze, mine, and utilize these data sets to generate additional anonymous derivative data sets as we see fit in pursuit of our mission to enable more effective personal behavior management. BodySpex may also compile User Data information anonymously for statistical purposes.

Challenges and Workplace Wellness Exception

BodySpex offers our users the opportunity to organize and/or join health & fitness-related challenges. Challenges, including all standard, mini and workplace wellness challenges you may encounter on this Site ("Challenges"), involve a high degree of trust. Challenges provide groups of people who are known to one another or associated with one another, such as friends, family, and co-workers, to build and maintain motivation for their healthy lifestyle goals. On this site, you may encounter invitations and/or offers to join Challenges organized by a party completely unknown to you. IMPORTANT - by joining or accepting a challenge invitation, you will expose your real name and email address to the Challenge organizer. If you desire to keep your real name and email private from any Challenge organizer who is unknown to you, do not join a Challenge organized by someone you do not know.

BodySpex Owned Information

All non-identifiable User Data, all non-identifiable User Data sets, and all non-identifiable derivative data and data sets are the exclusive property of BodySpex. We may use this data for statistical or marketing purposes and we may share it or sell it to any other party, such as researchers, at our discretion.

Data Security

BodySpex has taken appropriate and reasonable steps to protect our servers from unauthorized access or disclosure. Please note that this is not a guarantee that your User Record, and any information contained therein, may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or managerial safeguards.

Access to your private pages and private data on the Site is controlled through User and Password authentication. In the event that you share your login credentials with someone else, you are granting them access to your Personal Information, and BodySpex cannot protect your information from that access or any consequence that may derive from it. If you believe someone else has gained access to your login information, you should Contact Us immediately.

Advertising

BodySpex may allow third party ad servers or ad networks to serve advertisements on this Site. These ad companies use technology to send, directly to your browser for viewing, advertisements and links that may appear on the pages of this Site. When this happens, please be aware, these advertisers automatically receive your IP address. Ad serving arrangements, such as described here, are very common.

International Users

This Site is hosted in the United States. If you are accessing this Site from another country, please be aware that local laws may differ from the laws of the United States. Be advised that your use of this Site, which are governed by U.S. law, this Privacy Policy, and our Terms of Service agreement, you are transferring your information to the United States and you consent to this transfer.

Data Deletion

You may delete your User Record at any time by cancelling your account. All non-identifiable data derived from your participation in our System, however, stays intact and remains the property of BodySpex.

Right of Transmission

BodySpex reserves the right to transfer your User Record, including Personal Information, Financial Information, and User Data ("Complete User Record"), in the event of a transfer of ownership of the BodySpex Company. In such case, BodySpex will inform you before the transfer of any information. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, we may not be able to control how the information contained in your Complete User Record is treated, transferred, or used.

Updates

This Privacy Policy may be modified from time to time and will be reflected in the "Last Updated" date below. Please revisit this page to stay aware of any changes to this Privay Policy. When there is significant change, BodySpex will notify its members.

Last Updated: December 23, 2009