Privacy Policy
Last Updated: OCT 2, 2023
This Privacy Policy (the "Policy") describes how Shape Labs, Inc. and its affiliates (collectively, "Shape", "us", "our") collect, process, disclose, share, and secure your Personal Information. You agree to the terms of this Policy and expressly consent to the collection, use, and disclosure of your personal data in accordance with this Policy. You may withdraw your consent at any time, by making a request as set out below. The withdrawal of consent shall not affect the lawfulness of any processing of your personal data carried out prior to your withdrawal of consent.

By signing up for our email newsletter, purchasing our products, or using ShapeScale, our website and mobile applications (collectively, the “Services”), you agree to let us collect and use your personal information as described in this Privacy Policy. Therefore, before you provide us with any personal information, you should review this Privacy Policy in its entirety and understand its terms.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. We may also provide you with additional notice (such as by sending you a notification), such as in connection with making material changes to this Privacy Policy. We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

This Policy describes:
We collect info about you when you use our services. We use it to provide you with services, improve products, market to you.

We may share with 3rd parties who help us. We keep for as long as needed or required by law. We protect from unauthorized access, use, disclosure. You have right to access, update, correct, delete info.
Personal Information We Collect and Use
We may collect, use, store, and transfer different kinds of Personal Information about you when you use or sign up for our Services. This includes:

Website Information: We collect information about any usage of Services when you use the ShapeScale Website, including your IP address, unique device identifiers, device model and operating system version, mobile network, and web browser type. We also collect information about your activities, such as access times, pages viewed, links clicked, screens visited, and the page you visited before navigating to the ShapeScale Website.

Newsletter Information: If you sign up for our newsletters, we collect your name, email address, and other information you provide. We use this information to send you updates about ShapeScale, respond to inquiries, and forecast production and shipment numbers.‍

Purchasing Information: When you purchase our products, we collect customer information (such as name, postal address, email address, mobile or other telephone number, birth date, height, weight, and gender), purchase and order information, shipment information (such as delivery address, and billing address), and client care information (such as client service inquiries, comments, and repair history). We use this information to provide products or services to you, process your payment information, arrange for shipping, provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and improve our business.

ShapeScale App Information: If you use the ShapeScale App, we collect customer information such as your email or user ID, and optionally your name, gender, date of birth, race, ethnicity, and height. This optional data enhances the accuracy of body composition and other indices provided by the app. Additionally, we collect anonymized usage data to improve the functionality and user experience of our app and device. We may, in the future, integrate with Apple Health to import health and exercise data to enhance the advice we provide to you. Your mobile app data will be retained for as long as your account is active or as needed to provide our services. We use this information to provide products or services to you, improve our business, and optimize our app and device.

ShapeScale Device Information: If you use the ShapeScale device, we also collect information about any ShapeScale in your possession, including the device model and serial number, the IP address from which the data is originating, and the device state and usage data, including when you or your ShapeScale device’s other users use the device. We also collect measurement data, including 3D scanning data, which is end-to-end encrypted and securely stored on AWS servers, as well as circumference, volume, and body composition measurements that are securely stored on our backend servers hosted on AWS. We also use AWS Rekognition for facial recognition features within the app.

Information Collected by Cookies and Similar Tracking Technologies: We use tracking technologies, such as cookies and web beacons, to collect information about your interactions with our Services. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness.
We gather your personal details when you subscribe to our newsletter, purchase our products, or use the ShapeScale device and/or App.

This includes your name, contact details, and even physical attributes. We use this data to enhance your experience, respond to queries, manage orders, and prevent fraud.

Your interactions with ShapeScale, our app, and website also help us improve our Services and optimize our site.
How We Collect Your Personal Information
We collect the personal information listed above through your signing up for our email newsletter, purchasing our products, or using the ShapeScale device and/or App.
How We Use Your Personal Information
We will only use your Personal Information when the law allows in accordance with applicable data protection and privacy laws.

Most commonly, we will use your Personal Information in the following circumstances:
  • Provide, maintain, and improve our Services, including to debug and repair errors, collect payments, facilitate the delivery and return of devices, make account and membership updates, refurbish and maintain ShapeScale devices, provide customer support, and develop new products and services;
  • Enable us or our partners to offer you discounts for ShapeScale or any of our other Services;
  • Send you technical notices, security alerts, support messages, and other transactional or relationship messages;
  • Personalize your experience on our Services, including by providing content or information we think you may be interested in;
  • Provide and administer our referral program;
  • Monitor and analyze trends, usage, and activities in connection with our Services, including to inform legislative advocacy we believe aligns with our mission;
  • Communicate with you about products, services, and events offered by ShapeScale and others and provide news and information that we think will interest you;
  • Personalize the advertisements you see on third-party platforms and websites (for more information, see the Advertising and Analytics section below);
  • Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
  • Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of ShapeScale and others;
  • Comply with our legal, regulatory, contractual, and financial obligations;
  • Create de-identified, anonymized, or aggregated information; and
  • Carry out any other purpose described to you at the time the information was collected.
How We Disclose Your Personal Information
We do not and will not sell, rent out, or trade your personal data to any third parties. Your personal data may be transferred (including access or storage) outside of your home jurisdiction, including countries whose laws may not offer the same level of protection for personal data as are enjoyed within your home jurisdiction.
How We Retain Your Personal Information
We will only retain your personal data as long as is necessary for business purposes. We may also retain your personal data if reasonably necessary to comply with legal, regulatory, or internal policy requirements.
How We Protect Your Personal Information
We are committed to safeguarding and protecting your personal data and have implemented and maintained technical, administrative, and physical safeguards designed to ensure a level of security appropriate to protect your personal data from accidental or unauthorized destruction, loss, alteration, disclosure, or access.
We collect your information about you when you interact with us, like subscribing to our newsletter or using our ShapeScale App.

We use this data to provide Services, comply with legal obligations, and for legitimate interests, always respecting your rights.

We don't sell or trade your data, but it may be transferred outside your home jurisdiction.

We retain your data as long as necessary for business or to meet legal requirements.

We're committed to protecting your data with technical, administrative, and physical safeguards against unauthorized access or loss.
ADVERTISING AND ANALYTICS
We engage others to provide analytics services and serve advertisements across the web and in mobile apps. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of our Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information may be used by ShapeScale and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.
Ability to Access, Update and Correct Personal Information
Shape wants your Personal Information to be complete and accurate. You represent and warrant that all information you provide in connection with your use of the website and ShapeScale app will be complete and accurate and that you will update that information as necessary to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, your Personal Information, please contact us at hello@shapescale.com.
Children’s Privacy
If a minor under 13 submits personal data to us and we learn that the personal data is the information of a minor under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal data from a minor under 13, please contact us at hello@shapescale.com.
California Privacy Rights
Upon verification of your identity, you may:
  • Request disclosure of the categories of Personal Information we collect.
  • Request deletion of your Personal Information, subject to the exceptions provided by law.
  • Request correction of inaccurate Personal Information.
Requests can be submitted by calling us at (833) BY-SHAPE or by emailing us at hello@shapescale.com. Please note that these rights apply only to California consumers.Upon verification of your identity, you may:
Changes to This Privacy Notice
Shape may modify or update this Policy from time to time. We encourage you to revisit this page often to remain fully informed of our Policy or you can contact us at any time to obtain the latest copy of this Policy.
How to Contact Us
If you have any questions about this Policy or wish to make a request or exercise any of your rights as set out above, please contact us by email at hello@shapescale.com. Our Customer Service Division will acknowledge the receipt of your message in a timely manner and generally within two business days of the submission of your message, provided that it is accompanied by accurate contact information. The Customer Service Division will formally respond to you within 30 days of the submission of your message unless there are exceptional circumstances, in which case we will inform you of such circumstances.