Effective Date: March 7, 2024
This privacy statement ("Privacy Statement") is designed to provide information about BodyStack Inc.. d/b/a (“BodyStack”, “we”, “our” or “us”) privacy and data collection practices for BodyStack’s websites and mobile applications, including but not limited to bodystack.com (each a “Site” and collectively, the “Sites”). This Privacy Statement does not cover any information collected at any other websites, or services (unless specifically stated on the website or service).
Please review this Privacy Statement carefully. If you have questions or concerns regarding this Privacy Statement, contact BodyStack’s privacy coordinator by sending an email to hello @ bodystack.com. In addition, please review BodyStack’s Terms and Conditions which governs your use of the Sites. By accessing the Sites, you consent to our collection, use and sharing of your information and data, and other activities, as described below.
Active Collection of Personal Information. In order that you may access or take advantage of the Sites, we may ask you to provide Personal Information when you register with the Sites and when you communicate or otherwise interact with the Sites. "Personal Information" is information that can be used to identify a specific individual. Examples of Personal Information we may collect through the Sites include, without limitation: name, gender, birthday, current city, phone number, payment card information, email address, social media profile picture, physical or geographic location data, and information about your use of the Sites, such as the content in your forum posts. You may elect not to submit Personal Information; however, as a result, you may not be able to use some of the Sites' features or functionality.
Passive Collection of Information; Online Tracking by Third Parties. In addition to the Personal Information that you actively provide to us, we and our third party service providers may use a variety of technologies to automatically collect certain information about your use of the Sites. This information may include demographic and geographic information; IP address; browser type; and operating system characteristics as well as clickstream data, which is information about the page-by-page paths you take as you browse through our website. This information may be used, among other things, to help us compile website metrics and analytics, and thereby improve and customize your experiences on the Sites, to target advertisements for products and services in which you might be interested based on your visits to the Sites, to prevent you from seeing the same advertisements too many times, or to conduct research regarding the usefulness of certain advertisements to you. We may share information about visitors to the Sites with third party companies for the same purposes.
The methods that we and our service providers and other third parties may use to automatically collect such information may include the following:
Cookies: Cookies are data files that are placed on a computer when it is used to visit a website. These cookies may be used for many purposes, including, without limitation, tracking user preferences and web pages visited while using the Sites. You may disable cookies using your browser's preferences or in your mobile phone’s operating system settings. However, some features of the Sites may not function properly or may operate slowly if you disable the cookies. In addition, please be aware that if you choose to block cookies, some advertising preferences that are dependent on cookies may not be able to be respected.
Web Beacons: We may include small graphic images called web beacons, also known as "Internet tags" or "clear gifs," in our web pages. We may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to the Sites and to monitor how users navigate the Sites.
Embedded Scripts: An embedded script is programming code that is designed to collect information about your interactions with the Sites. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Sites, and is deleted or deactivated thereafter.
Location-identifying Technologies: We may use GPS (global positioning systems) software and other location-based technologies such as iBeacons (as defined below) to locate you so we may verify your location and deliver relevant content to you based on your location. In addition to traditional GPS location-based services, some of the service providers and others with whom we work may install low power Bluetooth, Wi-Fi, radio transmitters, or other devices in physical locations, which emit a signal that can be detected to pinpoint your location (“iBeacons”).
We may send you product promotions that we think you may be interested in receiving based on passively-collected information. Passively-collected information about you, such as how you interact with the Sites, may be combined with your Personal Information, in which case we will treat the combined information as Personal Information under this Privacy Statement. We, along with third parties, may collect Personal Information about your online activities over time, across your devices, and across different websites when you use the Sites.
BodyStack may use your Personal Information: (i) to provide you with access to the Sites and to process transactions that you have requested or agreed to receive; (ii) to process your registration with the Sites, including verifying that your email address(es) are active and valid; (iii) to improve the Sites or other BodyStack products and services; (iv) to customize your experience with the Sites, or to serve you specific content that is relevant to you; (v) to contact you with regard to your use of the Sites and, in our discretion, changes to our policies; (vi) to provide you with Site related notices; (vii) to conduct surveys and promotions regarding the Sites and other BodyStack products and services; (viii) to send you advertisements for BodyStack products and services; and (ix) for purposes disclosed at the time you provide your Personal Information or with your consent, or as described elsewhere in this Policy.
In addition, we (or service providers we use or advertisers) may employ information collected through the Sites (such as IP addresses, geolocation, cookie-related data, and other information described above), aggregated with information collected from various unaffiliated websites, or mobile applications, and various devices or browsers, in order to provide content and advertisements about goods and services of interest to you across those devices and browsers If you would like more information about this practice and to know your choices with respect to it, please visit www.aboutads.info/choices.
How We Respond to Do Not Track Signals. Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. Like many websites and online services, BodyStack currently does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com.
We may, in our sole discretion, share with third parties information that is not associated with your name or identity, such as website usage information, non- personally identifiable demographic or geographic information, and aggregate user statistics. In addition, we may share Personal Information with third parties as described in this Privacy Statement or at the time you provide the information, with your consent:, or in the following circumstances:
Service Providers and Business Partners: We may share your Personal Information with strategic partners and third party partners to support and grow our business. Such third parties may perform certain services for us, such as website hosting, delivery of BodyStack promotional materials and product offers, or performing other services on our behalf.
Targeted Advertising: We contract with third-party advertising companies, which may collect information about you and your online activities on our Sites, over time and across third-party websites and applications and online services. These companies use the information they collect to help advertisers identify and serve ads to you that are more relevant to you.
Business Transfers: BodyStack may share Personal Information with its subsidiaries and affiliates for internal business purposes. BodyStack also reserves the right to disclose and/or transfer all information collected, whether through or in connection with the Sites or otherwise, including Personal Information, to third parties in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of BodyStack or of any of the business or assets or shares of BodyStack or a subsidiary or division thereof in order for you to continue to receive the same products and services from the third party.
Legal and Safety Obligations: To the extent permitted by applicable law, we may also transfer and disclose user information, including Personal Information: (i) in the event we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required or permitted by law; (ii) at the request of governmental authorities conducting an investigation; (iii) to protect and/or defend BodyStack or enforce other policies applicable to the Sites; or (iv) to protect the personal safety, life, health, rights, property or security of any individual. To the extent permitted by applicable law, we may also use IP addresses, mobile device identifiers or any other information we collect to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies at our discretion. Such disclosures may be carried out without notice to you.
Sweepstakes, Contests, and Promotions: We may offer sweepstakes, contests, and other promotions (each, a “Promotion”) that may require registration. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties in connection with the administration of such Promotion, such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials. BodyStack may offer opportunities to enter a contest or sweepstakes or other feature that we offer jointly with a third party. As a result of your participation in such features, your information may be shared with the third party that is jointly offering the feature, which will be disclosed at the time your information is collected.
Email: BodyStack provides several means for you to opt-out of receiving commercial emails from BodyStack. If you do not wish to receive e-mail notices regarding our products or services, you may also opt- out by selecting the "unsubscribe" or similar option included with each email.
Geo-Location Information: When you use the Service on your mobile device, you may choose not to share your geo-location details with us by adjusting the device’s location services and/or Bluetooth settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
Opt-Out of Online Behavioral Advertising: For information about opt out programs that third party advertising companies participate in, and to opt out of the use of website browsing data for interest-based advertising by companies that participate in these programs, you can visit www.youradchoices.com to learn more. You can also visit the DAA Consumer Choice Page at http://youradchoices.com and download AppChoices free of charge to enable desktop and mobile data collection control.
Please Note that when using the ad industry opt-out tools described above, we may still collect some data about your online activity for operational purposes (such as fraud prevention) and you will continue to receive ads but those ads will be less relevant because they won’t be tailored to your interests. The ads might, for instance, be randomly generated or based on the web page you are visiting. In addition, if you use multiple browsers or devices you may need to execute this op out on each browser or device.
Community Features and User Content: The Sites may provide you the opportunity to participate and post content publicly through chat rooms, forums, interactive features, or other communication functionality (“Community Features”). We may provide functionality for you to submit or post text (including questions, comments, and suggestions), photographs, audio, videos, or other content (collectively, "User Content") through Community Features, by linking Sites to a third party service, or otherwise. Please note that certain information, such as your username and profile picture, may be publicly displayed on the Sites along with your User Content. User Content consisting of uploaded files may contain metadata, which may contain Personal Information or other information about or relating to you. You may wish to remove metadata from your file(s) before transmitting such file(s) to the Service.
Note that anything you post through Community Features is public — others will have access to your User Content and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information, that information will be considered public information. If you submit User Content, it may be published online or offline at any time. In addition, we may use your User Content and any excerpt from your User Content in connection with our advertising, marketing, publicity and promotional activities.
Social Features: Certain functionality on the Sites may permit interactions that you initiate between the Sites and a third party website or service (“Social Features”). Examples of Social Features include enabling you to “like” or “share” Site content to other websites or services; to log-in to the Sites using your username and password for a third party site or service; to transmit content to the Sites from your account on a third party website or service; and to otherwise connect the Sites to a third party website or service. If you choose to use Social Features, information you post or provide access to may be publicly displayed on the Sites or by the provider of the Social Feature that you use.
Similarly, if you post information on a third party platform that references the Sites (e.g., by using a hashtag associated with BodyStack and/or its properties in a tweet or status update), your post may be published on the Sites in accordance with the terms of the third party website or service. Also, both BodyStack and the third party may have access to certain information about you and your use of the Sites and the third party site or service. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connections’” web pages, profile pages, or similar pages on a social networking or other third party website or interactive service.
The information we collect in connection with Social Features is subject to this Privacy Statement. The information collected and stored by the third party remains subject to the third party’s privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party website or service.
Complaints, inquiries, and requests for disclosure. You should direct any complaints, inquiries, and requests pertaining to this Privacy Statement (regarding disclosure, correction, or discontinuation of use of Personal information, or anything else) to the address listed below.
The Sites are not intended for children and are not targeted to children under the age of thirteen (13). BodyStack does not knowingly collect data from children and, if we learn that we have received identifying information from a user under the age of thirteen (13), we will delete this information.
There may be hyperlinks on the Sites to other websites or locations that are operated and controlled by third parties ("Third Party Websites"). These Third Party Websites may use their own cookies, web beacons and other technology to independently collect information about you. In addition, these Third Party Websites may solicit Personal Information from you. We make no representations regarding the policies or business practices of such Third Party Websites. Collection of your information by third parties is not governed by this Privacy Policy. Please consult the privacy policies of those third parties to determine how they collect and use your information.
Your California Privacy Rights (as provided by California Civil Code Section 1798.83). When California customers provide Personal Information to a business, they have the right to request certain disclosures if that business shares Personal Information with third parties (and in some cases, affiliates) for the third parties' or affiliates’ direct marketing purposes. Once per calendar year the customer may request that the business provide a list of companies with which it shares Personal Information for those companies' direct marketing purposes, and a list of the categories of Personal Information that the business shares.
California customers may request information about our compliance with this law by sending an email to the address listed below or sending a letter by mail to the address below. Any such inquiry must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year.
Consent to Transfer Information. The Sites are primarily operated in the United States and your Personal Information will be processed and stored within the United States as well as other jurisdictions throughout the world. Please be aware that information we collect, including Personal Information, will be transferred to, processed and stored in the United States and elsewhere. By using or accessing the Sites or providing us with any information through the Sites, you consent to this transfer, processing and storage of your information outside of your local jurisdiction.
Security: BodyStack takes commercially reasonable steps to help protect and secure Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information we collect, and you use the Sites, and provide us with your information, at your own risk.
Retention: We retain your personal information as long as it is necessary and relevant for our operations. If you have provided us with your Personal Information and wish to update, correct, or delete it, you have the ability to contact us as indicated below. We will attempt to respond to any access requests within 30 days.
Changes to this Statement: BodyStack may from time to time and without prior notice revise this Privacy Statement. Any changes will be effective immediately when the revised statement is posted on the Sites, unless stated otherwise. Your use of the Site following these changes means that you accept the revised Privacy Statement. We will notify you about significant changes in the way we treat Personal Information by sending a notice to the e-mail we have on file or by placing a prominent notice on our Sites.
Google Analytics: We use Google Analytics to analyze the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://policies.google.com/privacy.
To delete your user account, you must first login to BodyStack choose the Permanently Cancel This Account option at the bottom of your user profile. This will remove all user identifying information associated with your account.
If you have any questions about this Privacy Statement, our practices, or your dealings with the Sites, wish to request access to or correction or update of your Personal Information, wish to withdraw your consent (subject to legal or contractual restrictions and reasonable notice), or you have reason to believe BodyStack may have failed to adhere to this Privacy Statement, you can contact us by email or you can write to:
BodyStack Inc.
200 2nd Ave S #507
St. Petersburg, FL 33701-4313
hello @ bodystack.com