Collection of Information
We collect personal information directly from you. We receive and store information you enter on our Services, when you call or email or communicate with us through social media (Twitter, Facebook, et al.), or participate in events or other promotions. Part of our Services involves collecting, storing, processing and otherwise using images or videos of your body in order to calculate various measurements relating to certain features of your body. You provide the images or videos of your body that we use when you take your photographs or videos as requested and described within our Services; you control how and when the photographs or videos are taken. You agree that any photograph or video you provide shall not be pornographic, lewd or otherwise likely offensive to members of MeasureUP and we reserve the right to refuse access to our Services to any user who provides such photographs or videos. We automatically delete photographs and videos related to measurements after they are processed. Please see the next section for more information.
Examples of personal information that we collect include sizing information, body portfolio image, name, email address, personal preferences, and responses to survey information.
Usage and Log Information: When you use our Services, we collection and log information about your use of our Services, including your browser type and language, access times, pages viewed, your IP address and location.
Device Information: We may collect information about the computer or device you use to access our Services, including the hardware model, operating system and version, MAC address, unique device identifier, phone number, International Mobile Equipment Identity ("IMEI") and mobile network information. In addition, the Services may access your device's native phonebook, with your consent, to facilitate your use of certain features of the Services.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to you. Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Services are popular and count visits. We may also collect information using web beacons (also known as "tracking pixels").
We may also obtain information from other sources and combine that with information we collect through our Services.
Deletion of Measurement Photographs and Videos
After you submit photographs or videos for measurement, we process them to calculate measurements and other information useful for using our Services. After processing, the original photographs or videos are automatically deleted from our servers. We automatically delete all photographs or videos stored for more than 180 days.
While we make our absolute best efforts to delete photographs and videos in a timely manner, we cannot guarantee that such deletion always occurs within a particular timeframe. In addition, as for any other digital information, there may be ways to access photographs or videos while still in temporary storage or, forensically, even after they are deleted.
MeasureUP secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Use of Information
MeasureUP collects and uses your personal information to provide, maintain and improve our Services and deliver the services you have requested, including processing transactions. MeasureUP may also use your personally identifiable information to inform you of other products or services available from MeasureUP and its affiliates, store information about your preferences, allowing us to customize our Services according to your individual interests, speed up your searches, recognize you when you return to our website, estimate our audience size and usage patterns. MeasureUP may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
We may disclose your personal information to our service providers and other third parties we use to support our business. However, at all times we restrict who has access to your personal information and take great care to protect your privacy.
We may use information you submit in a public forum (e.g. a blog, chat room, or social network) to personalize your experience. You are responsible for the information you choose to submit in public forums.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. This could include aggregated, anonymous measurement, size and shape information about our users and their purchases. The anonymous aggregated data that we may collect could be used in a variety of ways, including but not limited to, improving the performance of our Services and helping us understand more about the relationships between body shapes, sizes and style preferences. We may also share such aggregated, anonymous information with third-party partners. By using our services, you are consenting to the collection and use of such anonymous aggregated data.
We may share the personal information we collect with our affiliates, business partners, ad network vendors and their participants, and other third parties for the purposes described in this Policy, including to communicate with you about products and services, offers, events and promotions that we believe may be of interest to you.
Security of Your Personal Information
Personal information within user accounts is protected by a password for your privacy and security. The Company employs numerous administrative, technical and physical safeguards designed to assist in protecting the personal information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We use industry standard firewalls and encryption, such as Secure Sockets Layer (SSL) encryption, to protect sensitive billing information during the authorization process.
We further suggest that all users safeguard their own account username and password and not share that information with anyone. If users are concerned about misuse of their identity within the Services, or are using a shared device, users should make an effort to log out as often as necessary. We will never ask for your password via email and users should report any such inquiry.
Note: MeasureUP generally meets or exceeds the standards generally accepted by the industry within which it operates in regards to the protection of personal information. However, no electronic transmission of information can be executed with absolute certainty that a failure or breach will not occur. Company cannot guarantee that the security measures in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.
Children Under Thirteen
Our Services are not intended for children under 13 years of age. No one under age 13 may provide any information to or on our Services. We do not knowingly or intentionally collect personal information from children under the age of 13. If you are under 13, do not use or provide any information on our website and other Services. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Parents or guardians: we want to help you guard your children's privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet. In addition, users of our Service must (a) be at least 18 years of age or, (b) if younger, be with the supervision of a parent or guardian.
Opt-out and Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from MeasureUP by contacting us by email at email@example.com.
How I do I delete my account and personal information?
If you would like to clear your data from our current directory, please email your request to firstname.lastname@example.org.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write us at: Bit Body, Inc., 548 Market St, PMB 80182, San Francisco, CA 94104-5401.
This policy may change from time to time. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Terms and Conditions
MeasureUP provides website features and other products and services to you when you visit or www.MeasureUPapp.com, use the MeasureUP mobile applications or other services, or use software provided by MeasureUP in connection with any of the foregoing (collectively, the "Services"). MeasureUP provides the Services subject to the following terms and conditions (together with any documents referred to in them) (collectively, the "Terms of Service"). By using the Services, you accept these Terms of Service, so please read them carefully. We are operated by Bit Body, Inc. (Bit Body) and throughout these Terms we will use MeasureUP, us or we to refer to Bit Body and its affiliated entities and services collectively.
Acceptance of Terms
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any purchases made through our Services.
Visiting http://www.MeasureUPapp.com, opening the MeasureUP mobile applications or sending emails to MeasureUP constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites / Third Party Services
Our Services may contain links to other websites or services ("Linked Sites"). The Linked Sites are not under the control of MeasureUP and MeasureUP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MeasureUP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MeasureUP of the site or any association with its operators. When you link to a Third Party Site, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
Certain services made available via our Services are delivered by third party sites and organizations. By using any product, service or functionality originating from MeasureUP, you hereby acknowledge and consent that MeasureUP may share such information and data with any third party with whom MeasureUP has a contractual relationship to provide the requested product, service or functionality on behalf of MeasureUP users and customers.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use our Services strictly in accordance with these Terms. As a condition of your use of our Services, you warrant to MeasureUP that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
All content included as part of the Services, such as text, graphics, logos, images, data, results, ideas, plans, sketches, links, as well as the compilation thereof, and any software used on the Services, is the property of MeasureUP or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. MeasureUP content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MeasureUP and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MeasureUP or our licensors except as expressly authorized by these Terms.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties.
Anything that you submit or post in the Services and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, Submissions) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You represent and warrant that you own or otherwise control all of the rights in and to the Submissions that you post and have the right to grant MeasureUP the license granted herein.
We do not undertake to and are not responsible for screening, policing, editing or monitoring Submissions, and cannot ensure prompt removal of objectionable material after it has been posted. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Submissions, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Submissions from the Services.
Third Party Accounts
You may be able to connect your MeasureUP account to third party accounts. By connecting your MeasureUP account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party services). If you do not want information about you to be shared in this manner, do not use this feature.
The Services are controlled, operated and administered by MeasureUP from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MeasureUP Content accessed through our Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless MeasureUP, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MeasureUP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MeasureUP in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BIT BODY SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BIT BODY, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BIT BODY, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BIT BODY SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BIT BODY, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MeasureUP reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MeasureUP as a result of this agreement or use of the Services. MeasureUP’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MeasureUP's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by MeasureUP with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MeasureUP with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MeasureUP with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
MeasureUP reserves the right, in its sole discretion, to change the Terms under which our Services are offered. The most current version of the Terms will supersede all previous versions. MeasureUP encourages you to periodically review the Terms to stay informed of our updates. Your continued use of the Services following the posting of revised Terms or other policies means that you accept and agree to the changes.
MeasureUP welcomes your questions or comments regarding the Terms:
Bit Body, Inc.
548 Market St, PMB 80182
San Francisco, California 94104-5401
Email Address: firstname.lastname@example.org
May 30th, 2022