Skulpt® - Measure Body Fat Percentage and Muscle Quality

Skulpt Privacy Policy

Last updated: June 29, 2015

This Privacy Policy explains the information that Skulpt, Inc. (“Skulpt” “we,” or “us”) collects about users of the Skulpt AIM device (“Device”), mobile application (“App”), related website (“Site”) and software embedded in the Device (collectively, the “Service”), how we use that information, and with whom we share it, as well as your choices about such uses and disclosures.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICE. It describes how your personal information will be treated as you use the Service. This Privacy Policy is not a contract with you, and does not create any legal rights or obligations between us.

We reserve the right, at our sole discretion, to modify or replace this Privacy Policy at any time in accordance with Section 11 (“Changes to this Privacy Policy”). Access to the Service is offered to you conditioned on your acceptance without modification of this Privacy Policy.

By using the Service, you consent to the collection, use and disclosure of information in accordance with this Privacy Policy. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT USE THE SERVICE. If you have any questions, please contact us by sending an email to [[email protected]] or writing to Skulpt, Inc., 333 Bryant Street, Suite 330, San Francisco, CA 94107.

OUR PRIVACY POLICY EXPLAINS:

  1. What Information we Collect
  2. How We Use Your Information
  3. Disclosure of Your Information
  4. Children
  5. Retention of Your Information
  6. Your Choices
  7. How to Update Your Information
  8. Security
  9. International Users
  10. Business Transfers
  11. Changes to this Privacy Policy

1. What Information We Collect

Information you provide

When You Activate the Device

When activating a Device, you will be asked to download the App or install Software and enter information about yourself, such as height, weight, age and gender.

When you create a Skulpt Account (“Registration Information”)

In order for you to use certain features of the Service, we may ask you to register for an account (“Account”) by providing name, age, password and a valid email address. As part of your profile, we also ask other personal information you such as your name, height, weight, gender, date of birth and age.

You are responsible for maintaining the security of your user Account. If you believe your account or password has been compromised, you should immediately change your password and email us at [email protected]. We are not responsible if someone else accesses your Account through registration information obtained from you or through a violation by you of this Privacy Policy or the Terms of Use.

“Survey Response Information”

We may request users of Services to complete questionnaires or surveys regarding your experience. We may use the responses to improve the Services.

When You Make Purchases from Our Store

We store your shipping address so we can process your order through our fulfillment partner. We do not, however, view or store your credit card information. This is handled by our third-party payment processor, Stripe. If you are not logged into your Account at the time of purchase, we do not associate that data with your Account, however we save the data so that we can provide customer service related to the purchase.

Contests and Giveaways

Skulpt may offer opportunities to participate in contests, giveaways and other promotions. Any data you submit in connection with these activities will be treated in accordance with this Privacy Policy, unless the rules for those offers note otherwise.

When You Contact Us for Help

Whenever you contact Skulpt for help, we collect your name and email address along with any additional information you provide in your request and store it on our servers in order to provide you with customer service and to improve the Service. You can also contact Skulpt through public forums such as Twitter or Facebook; however, we cannot maintain the privacy of your communication to us if you contact us through these channels.

Information collected automatically

Biometric information collected by the Device (“Biometric Information”) When you use the Device, we collect certain information including your biometric data including muscle quality and body fat percentage for each muscle as well as your total body.

Access and Usage Information (“Access and Usage Information”)

When you use the Device, we collect information about when you plug or unplug the Device, when you connect or disconnect over Bluetooth, the screens you look at most often, and when you press buttons on the Device.

[When you access the Service through the App on your mobile device, Skulpt creates an access token which logs you into your Account automatically. When you access the Service through the App, Skulpt will ask you for permission to collect and store real time location data. We will store this data on your mobile device only. On IOS devices, you can choose not to share your location information with us, including by using the settings on your mobile device. We may use an in-app analytics service that can track user interface events (e.g., button taps), location data, and device and mobile OS type. These analytics will only report information to us in aggregate and anonymously.]

Through the settings on your mobile device, you can elect not to transmit location data to Skulpt and not to receive push notifications. We may also track any information you enter to the App or Service via your mobile device, including but not limited to activities and manual measurements (e.g., blood pressure, heart rate, weight).

When you access the Service through the Site, regardless of whether you have a Skulpt account, we may collect certain information automatically and store it on our servers. This information includes internet protocol (IP) addresses.

We use cookies and other technologies like pixel tags to make the Site the best it can be. Cookies are text files that are sent by servers to web browsers and stored on your computer. They tell us which parts of the Site and Service you’ve visited so we can figure out which promotions you may like to see or to alert you to software compatibility issues. If you delete cookies or block them from being stored, you may not get the full Skulpt experience.

Web beacons and pixel tags are images embedded in a webpage or email for the purpose of measuring and analyzing usage and activity. Skulpt, or third party service providers acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality.

The Service uses third party service providers, listed below, to help us analyze certain online activities and improve our services. We may also permit these providers to use cookies and other technologies to perform these services for us. We send data to third party analytics providers so we can use their tools to understand how you and other Skulpt users are using our services.

We use advertising cookies to present you with opportunities to purchase Skulpt products on the Site, and retargeting cookies, to present you with Skulpt advertising on other websites based on your interaction on the Site.

Social media tools, like widgets and plug-ins, are used so you can share information from Skulpt on other sites such Facebook and Twitter. These interactive mini-programs collect your IP address, record the pages you visit on the Site, and set cookies that will enable the widget to function properly. Your interactions with these widgets are governed by the privacy policy of the company providing them, not by Skulpt’s Privacy Policy. We also use the Facebook and Twitter pixel tags to help us understand how effective our marketing is on those sites.

We also use Google Analytics and Optimizely analytics cookies, which allow us to see how you use our services so we can improve your experience. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on available here. Likewise, you can read the Optimizely Privacy Policy here and learn about how to opt out of Optimizely tracking here.

[“Do not track” or “DNT” technology

The Services does not follow the direction of “do not track” or “DNT” settings that are available in some browsers.]

When You Sync Your Device

When you sync your Device, data about your fitness is transferred from your Device to our servers. This data is stored and used to provide the Service. Each time a sync occurs, we also log data about the transmission. Some examples of the log data are the sync time and date, device battery level, and the IP address used when syncing.

2. How We Use Your Information

All information that we obtain about you will be collected, stored, used and protected by us in accordance with this Privacy Policy.

We use the information we collect to: provide you with the Service; improve the Service and our other products and services; customize the Service for you; conduct research about your use of the Service; better understand our users; communicate with you about the Service and our other products and services that we think may interest you; inform you about events; invite you to participate in new initiatives or feature and product upgrades, contact you to obtain testimonials or for other promotional purposes; perform quality control activities; and diagnose and fix problems with the Service.

Without limiting the previous paragraph, we will use your Registration Information to enable your persistent access, provide you with customer service, manage our Services, and authenticate your visits and usage. We may also use your Registration Information to contact you from time to time to inform you of changes to this policy or other important information, as well as for the other purposes set forth in the next paragraph.

3. Disclosure of Your Information

We do not sell, lease, rent or otherwise disclose or transfer your Registration Information or Biometric Information to any third party, except as otherwise set out in this Privacy Policy.

We may disclose your information as follows:

  • Third-party service providers: we may, from time to time, outsource some or all of the operations of our business to third-party service providers or partner with third parties for special projects or initiatives, including the development of new products or services. We aim to provide such third parties with the minimum amount of information needed for the purpose of accomplishing their tasks.
  • Legal Investigations and requests: we may disclose your information to law enforcement agencies or other governmental agencies when required to do so or when, in good faith, we believe it is necessary in order to comply with legal obligations.
  • Protection of Skulpt and others: we may disclose your information when we believe this release is appropriate to enforce or apply our policies and other agreements, or protect the rights, property or safety of Skulpt, our employees, or others. This does not include selling, renting, sharing or otherwise disclosing your information for commercial purposes in violation of the commitments made in this Privacy Policy.

We may also share with third parties aggregated or de-identified information, which cannot be reasonably used to identify you, including for marketing and research purposes or for sale to interested parties.

4. Children

The Service is not directed to children under the age of 13 and Skulpt does not knowingly collect personal information from children under 13. If you are under 13 years of age, you should not use the Service or send information about yourself to us.

5. Retention of Your Information

We will retain your information for as long as you remain a Skulpt customer or as permitted by law in order to fulfill the purposes outlined in this Privacy Policy.

6. Your Choices

Push Notifications. Should you wish not to receive any push notifications from the Service, you can turn off such notifications by adjusting your mobile device preferences.

Emails and Text Messages. If you are a registered user and want us to stop sending you emails or text messages that are not necessary to ensure the regular operation of your Account and/or availability of the Service, you can adjust your preferences on the Service. You can opt-out of receiving weekly summaries, achievement notifications and promotional emails by changing the notification preferences in your account settings or by unsubscribing via the "Unsubscribe" link in any Skulpt email. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your account maintenance.

Deleting Your Account. You can deactivate your Account by contacting Customer Support at [email protected]. When you do, data that can identify you will be removed from the Service, including but not limited to your email and name. Backup copies of this data will be removed from our server based upon an automated schedule, which means it may persist in our archive for a short period. Skulpt may continue to use your de-identified data.

If you object to our disclosure of your information as set out above under “Disclosure of Your Information,” you may opt out by emailing us at [email protected], but this may prevent you from being able to make use of the Device or the Service.

7. How to Update Your Information

You can update the content and accuracy of your information at any time by contacting us at [email protected].

If you forget your Account password, you can reset your password using the ‘Reset my password’ button on the account sign-in screen. An email will be sent to your address containing a link. Clicking on this link will take you to a webform where you can reset your password.

8. Security

While we have implemented this and certain other measures designed to protect against the unauthorized access, interception, loss, misuse and or alteration of the information under our control, no security system is impenetrable and, in any case, our systems are generally not designed to protect highly confidential or sensitive information. We do not guarantee that events of unauthorized access, interception, loss, misuse and or alteration of the information under our control will not occur, and we do not warrant, either expressly or impliedly, that the information provided by any user or customer will be free from unauthorized access, interception or misuse. As a result, we cannot and do not guarantee the security of any information you transmit on or through the Service, and you do so at your own risk. In accordance with the Terms of Use, you are required to always use the most recent version of the Service made available by Skulpt. New releases may contain important bug fixes or improved features to enhance the security and privacy of your data.

9. International Users

The Service is hosted and operated entirely in the United States. If you reside outside the U.S., your information will be transferred to the U.S. and processed and stored there under U.S. privacy standards. By using the Service and providing information to us, you consent to such transfer and processing of your information by Skulpt.

10. Business Transfers

In the event of a business transition such as a merger, acquisition by another company, or sale of all or a portion of Skulpt’ assets, your information (including Registration Information and Biometric Information) may be among the assets transferred. You acknowledge and consent that such transfers are permitted by this Privacy Policy, and that any acquirer of ours or all or a portion of our assets may continue to receive, store and process your information.

11. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. If we make any material changes, we will give notice by email (sent to the email address specified in your account) or by means of a notice on this site prior to the change becoming effective. Those changes will go into effect on the “Last updated” date shown at the top of the updated Privacy Policy. Your continued use of the Service constitutes your consent to be bound by the revised Privacy Policy.

Contact Us

If you have any questions about this Privacy Policy, please contact us at [email protected].