Privacy Policy

Sharper Shape Inc. (“Sharper Shape,” “we,” “us” or “our”) is dedicated to protecting your personal privacy. This privacy policy (this “Privacy Policy”) is designed to help you make informed decisions regarding your use of all websites and services operated by us that link to this Privacy Policy, including https://sharpershape.com/, and related online and offline services offered by us (collectively, the “Services”). This Privacy Policy explains: (i) how we process the information you provide us with when you access or use the Services; and (ii) options you have with respect to our use of your information.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. YOU SHOULD NOT ACCESS OR USE THE SERVICES UNLESS YOU HAVE CAREFULLY READ THIS PRIVACY POLICY AND AGREE TO THE TERMS AND CONDITIONS DESCRIBED HEREIN. YOUR ACCESS TO AND USE OF THE SERVICES IS SUBJECT TO THIS PRIVACY POLICY AND OUR TERMS AND CONDITIONS.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account” means a unique account created for You to access our Service or parts of our Service.
  • Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Sharper Shape.
  • Cookies” are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Device” means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
  • Personal Data” is any information that relates to an identified or identifiable individual.
  • Service” refers to the Website.
  • Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • Usage Data” refers to data collected automatically, either generated using the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Website” refers to Sharper Shape, accessible from https://sharpershape.com/.
  • You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

1. TYPES OF INFORMATION WE COLLECT AND WHEN WE COLLECT IT

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

2. HOW DO WE USE YOUR INFORMATION

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services, and events which we offer that are like those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing, and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services, or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation.
  • Protect and defend the rights or property of the Company.
  • Prevent or investigate possible wrongdoing in connection with the Service.
  • Protect the personal safety of Users of the Service or the public.
  • Protect against legal liability.

3. SECURITY

Please note that any User Data you share with us via email, or the internet is not completely secure. We take reasonable steps to protect PII provided via the Services from loss, misuse and unauthorized access or disclosure, however, no internet or email transmission is ever fully secure or error-free. Due to the nature of the internet, there is a possibility that unsecured email or internet transmissions may be intercepted and read by third parties. We assume no responsibility for interception of confidential information or PII that you send in any unsecured email message or other internet transmission to or from the Services. Therefore, you should take special care in deciding what information you send to us. We highly recommend that you create unique and strong passwords when applicable, limit your access to our Services to your personal device(s) and sign off whenever you have completed a session of the Services. How your personal data is used will be subject to the choices you make in your account settings and controls.

YOU ACKNOWLEDGE AND AGREE THAT DESPITE OUR EFFORTS, THERE MAY BE TIMES OR SITUATIONS WHEN YOUR PII IS INADVERTENTLY DISCLOSED BY US OR BY A THIRD PARTY TO WHOM WE HAVE DISCLOSED YOUR PII. YOU HEREBY ACCEPT THAT RISK AND WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES AND LIABILITY AGAINST US IN THE EVENT OF SUCH INADVERTENT OR NEGLIGENT DISCLOSURE.

4. ANALYTICS

    We may use third-party Service providers to monitor and analyze the use of our Service.

    Google Analytics
    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 our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

    You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

    5. COOKIES

    We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

    • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
    • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

    Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

    We use both Session and Persistent Cookies for the purposes set out below:

    • Necessary / Essential Cookies
      Type: Session Cookies
      Administered by: Us
      Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
    • Cookies Policy / Notice Acceptance Cookies
      Type: Persistent Cookies
      Administered by: Us
      Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
    • Functionality Cookies
      Type: Persistent Cookies
      Administered by: Us
      Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
    • Tracking and Performance Cookies
      Type: Persistent Cookies
      Administered by: Third Parties
      Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.

    6. DO NOT TRACK DISCLOSURE

    You can set your browser to a Do Not Track (“DNT”) setting to notify websites you browse that you do not want them to collect or track your PII. Please be advised that in some cases the Services may not respond to DNT browser settings. If you do not want us to track your PII and other personal data, please do not share your PII with us. Please also be advised that third-party websites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.

    7. THIRD-PARTY LINKS

    This Privacy Policy applies only to Sharper Shape’s Services. The Services may at times link to third-party websites that are not owned or controlled by Sharper Shape. These third-party websites may have separate and independent privacy policies and terms of use, and we encourage you to read those documents. You understand, acknowledge, and agree that: (i) the third-party websites’ independent privacy policies or terms of use may govern third-party use of your PII; and (ii) Sharper Shape shall have no responsibility or liability for the content and activities or your use of any linked websites. You click on a link to a third-party website at your own risk.

    8. DISCLOSURE

    We may share your User Data with our vendors, service providers and agents in connection with Our Purposes. These third parties may include web analytics service providers such as Google Analytics. We will provide these companies only with the information they need to deliver the services we have requested, and they are prohibited from using that information for any other purpose. We may also share PII when we believe it is necessary to maintain the security of the Services or our products and services, or to otherwise protect us, our business, or our users, for example to enforce our Terms and Conditions, prevent spam or other unwanted communications and investigate or protect against fraud.

    We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may, without providing notice to you, disclose any User Data to government or law enforcement officials or private parties: (i) where we are required to do so by law, including, but not limited to, in response to a court order or subpoena; or (ii) in response to a request by a government or law enforcement agency or if we believe such disclosure may prevent or mitigate the threat of crime or harm to our users or others, facilitate an investigation related to a user’s safety or public safety, protect the security or integrity of the Services, or enable us to take precautions against liability.

    We may also share User Data with third parties when you give us consent to do so. Processing of the data collected through the Services is conducted following organizational procedures related to Our Purposes. We may employ third parties to facilitate the operation of the Services and to perform services related to administration of the Services, including, but not limited to, maintenance, hosting, security and database management services, web analytics and administration and legal services. These third parties may have access to User Data to perform these tasks on our behalf. We may share Aggregate Information, and reports based on Aggregate Information, with third parties for industry analysis, demographic profiling, other commercial purposes, or to deliver targeted advertising about other products and services.

    In connection with a sale of all or part of our operations, or sale or transfer of assets, or a merger, reorganization, or in the event of bankruptcy, we may transfer User Data to a third party as part of the transaction, to the extent permitted by applicable law.

    9. OPTING OUT OF MARKETING COMMUNICATIONS

    Sharper Shape may periodically send you messages via email about products and services that we think may be of interest to you. If you are in a jurisdiction that requires opt-in consent to receive electronic marketing messages, we will only send you such messages if you opt-in to receive them. You can opt-out of receiving marketing messages by following the “unsubscribe” instructions located near the bottom of any emails received or contacting us via our website.

    10. ACCESSING AND UPDATING YOUR INFORMATION

    You are free to access and change some of the PII we keep on you through your settings. You may ask us to delete PII that is inaccurate, incomplete, or irrelevant, or that is being processed in a manner that violates or infringes upon any applicable law or legal requirements. We may elect to retain PII with your comment or correction noted in our records instead of deleting such information. Your right to review, modify, update, correct or delete your PII may be limited, subject to the laws of your jurisdiction:

    • if your requests are abusive or unreasonably excessive in nature;
      where the rights or safety of another person would be encroached upon or violated;
    • if the information or material requested relates to existing or potential legal proceedings between you and us; or
    • if providing you access would prejudice or otherwise harm negotiations between us or an investigation of possible illegal activity.

    Your right to review, modify, update, correct or delete your personal information shall be subject to our records maintenance policies and applicable law, including, without limitation, any statutory retention requirements. To learn more about your PII stored by us, please email privacy@sharpershape.com. We will respond within a reasonable period of time upon verification of your identity.

    11. CALIFORNIA ONLINE PRIVACY PROTECTION ACT NOTICE

    If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom we or any of our affiliates have shared the PII we have collected from you. You may request the Notice of Information-Sharing Disclosure by writing to us by email or mail as set forth in Section 15, and we will respond to your request within 60 days.

    12. CROSS-BORDER TRANSFERS

    If you access or use the Services from a country other than the United States, your communications may result in the transfer of your PII across national borders. Our servers or offices may be in countries other than the country from which you access or use the Services, also resulting in the transfer of your PII across international borders. If you provide PII from outside of the United States, you acknowledge and agree that this data may be transferred from your then-current location to our offices and servers and to those of our affiliates, agents, and service providers located in the United States and in other countries. The United States and such other countries may not have the same level of data protection as those that apply in the jurisdiction where you live.

    13. NOTICE TO EU RESIDENTS

    If you are in the European Economic Area (“EEA”), you may have additional rights under the EU General Data Protection Regulation (the “GDPR”). This section applies only to individuals located in the EEA. It describes how we may collect, use and share Personal Data of EU residents in operating our business, and EU residents’ rights with respect to that Personal Data.

    For purposes of this Section, “Personal Data” has the meaning given to it in the GDPR but does not include information exempted from the scope of the GDPR. Sharper Shape is the controller of your information in connection with services provided through the Services. We will only process your Personal Data if we have a valid legal reason for doing so, including your consent, contractual necessity, and our “legitimate interests” or the legitimate interests of others.

    You have the right to request access to your Personal Data, to have your Personal Data corrected, restricted, or deleted, and to object to our processing of your Personal Data. You also have the right of data portability, which means that you can request that we provide you (or a third party you designate) with a transferable copy of Information that you have provided to us. Your rights may be subject to various limitations under the GDPR. If you wish to exercise any of these rights, or if you have concerns about our processing of your Personal Data, please contact us in any of the ways listed in the section “Contact Us” below. We reserve the right to confirm your EU address and will need to confirm your identity to process your request.

    By using the Services, you acknowledge that any Personal Data about you is being provided to Sharper Shape in the United States and you authorize us to transfer, store and process your Information to and in the United States and elsewhere.

    14. CHILDREN’S PRIVACY

    Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

    If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

    15. CHANGES TO THIS PRIVACY POLICY

    Sharper Shape reserves the right to make corrections, changes, or amendments to this Privacy Policy at any time in its sole discretion. A notice will be posted on our homepage for 30 days whenever this Privacy Policy is changed in a material way, and the date of last update will be indicated at the bottom of the Privacy Policy. You understand and agree that your continued access to or use of the Services after the effective date of changes to this Privacy Policy indicates your acceptance of such revisions. We encourage you to check our website frequently to see the current Privacy Policy in effect and any changes that may have been made to prior versions of the Privacy Policy.

    16. CONTACT US

    If there are any questions regarding this Privacy Policy, you may contact us at privacy@sharpershape.com.

    Last updated: November 21, 2023