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 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.
1. TYPES OF INFORMATION WE COLLECT AND WHEN WE COLLECT IT
You may visit our website without revealing your identity or volunteering any personally identifiable information (“PII”). Please be aware that we may automatically collect certain information about you, including the IP address of your computer, browser type, date and time of your visit, how long you visited certain pages of our website, the page, service or product you are requesting, and other aggregate or de-identified data (“Aggregate Information”).
If you choose to contact us, request information, inquire about a service or product or subscribe to any promotional materials, create an account or otherwise interact with the Services, we may collect PII from you, and this information may be combined to provide you with information and Services you request. In order to access and use the Services, you may be required to provide us with certain information, including, for example, your name, email address or mailing address. You may also share user-generated content and messages, such as information you post to the Services or messages you send us when requesting support. Failure to provide such data may make it impossible for us to provide you with the Services.
2. HOW DO WE USE YOUR INFORMATION
We may use the PII and Aggregate Information (collectively, “User Data“) we collect from you for various purposes, including the following (“Our Purposes”):
- To personalize and improve your experience with the Services, and to allow us to deliver the type of content and product offerings in which you are most interested;
- To improve our Services;
- To ensure proper technical functioning of the Services;
- To develop new products and services and to track and analyze your use of the Services;
- To allow us to better service you in responding to your customer service requests;
- To administer a contest, promotion, survey or other site feature;
- To enforce this Privacy Policy and our Terms and Conditions, including the protection of the rights or property of Sharper Shape; or
- For any other purpose that we determine at our discretion is related to the use, advertising, marketing, promotion or other of our legitimate purposes.
By accessing and using the Services, you expressly consent and agree that we may use your User Data for Our Purposes in accordance with this Privacy Policy. We may retain User Data for the period necessary to fulfill Our Purposes, or longer if necessary to comply with legal obligations, resolve disputes, or as otherwise permitted or required by applicable law, rule or regulation.
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 of 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. COOKIES
Cookies are small text files that reside on your computer, mobile phone, or other device, which a website or its service provider transfers to your device’s memory through your web browser (if you allow) and that enables the website’s or service provider’s systems to recognize your browser. Cookies may capture more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our websites. We may use cookies to:
- Understand and save your preferences and passwords for future visits; and
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future.
We may use third party services to track this information on our behalf. We may also allow certain business partners to place or recognize cookies for the foregoing purposes. If you are uncomfortable with cookies, you may disable them in your browser or device settings. Disabling cookies may affect user functionality. The design of our websites allows users to access most offerings with cookies disabled. You may also delete existing cookies stored on your web browser’s history. Cookies do not tell us your PII unless you choose to provide such information through forms contained on our website.
5. 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.
6. 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.
7. 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.
8. 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 located 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.
9. 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 privacymanager@sharpershape.com. We will respond within a reasonable period of time upon verification of your identity.
10. 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 has 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.
11. 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 located 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.
12. NOTICE TO EU RESIDENTS
If you are located 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.
13. CHILDREN’S PRIVACY
The Services are not designed for or directed to minors under the age of 18 and we do not knowingly collect PII from minors under the age of 18. If we learn that we have collected PII from a child under age 18 in violation of applicable law, we will delete that PII, unless we have a legal obligation to keep it. If you believe that we might have any PII from a child under age 18, please contact us at privacymanager@sharpershape.com.
14. 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.
15. CONTACT US
If there are any questions regarding this Privacy Policy, you may contact us at privacymanager@sharpershape.com.
Last updated: February 24, 2022.
