Privacy Policy

Effective date: July 31, 2020

This Privacy Policy covers how we process, collect, use, disclose, transfer, and store your personal information.

MADE Health and Fitness, LLC ("MADE," "we," "our," or "us") values your privacy. In this Privacy Policy ("Policy"), we describe the information we collect, how we use it, and when and with whom we share it. This Policy applies to all sites, mobile applications, and other online services (collectively, "Platform") made available by MADE. This Policy applies only to information collected on or through the Platform. It does not apply to information collected or obtained by or through any other means (including, without limitation, information collected offline, in person, over the telephone and/or by mail, or from third parties outside the Platform).

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. BY ACCESSING OR USING THIS PLATFORM, YOU AGREE TO THIS POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES. IF YOU HAVE PURCHASED SERVICES SUBJECT TO THIS PRIVACY POLICY, PLEASE DISCONTINUE THE SET-UP OF YOUR SERVICES AND CONTACT FORM USING THE CONTACT INFORMATION BELOW. IF YOU ARE UNDER 13, PLEASE DO NOT USE THE SERVICES.

WHO WE ARE

MADE provides users like you with an online body composition measurement and management service designed to allow users to create user profiles, input key demographic and statistical information, and use photographs of users to help people estimate and evaluate their own levels of body fat and muscle mass so they can achieve their individual fitness and aesthetic goals.

INFORMATION WE COLLECT ABOUT YOU

How we collect and store information depends on how you access and use the Platform. We collect information in multiple ways including when you provide information directly to us, when you permit third parties to provide information to us, and when we passively collect information from you, such as information collected from your browser or device.

Information You Provide Directly To Us

We may collect information from you during your use or access of the Platform in such instances as when:

  • When you register for an Account;
  • When you enroll for electronic newsletters;
  • When you create an in-App fitness profile;
  • When you make a purchase;
  • When you fill out any forms;
  • When you enter a sweepstakes or contest, or register for a promotion;
  • When you transmit User Content; or
  • When you otherwise communicate with us or other users through the Platform.

This list is illustrative, not exhaustive; the Privacy Policy applies to all use of the Platform. The information you provide directly to us may be considered regulated personal information where you reside and may concern you or others and may include, but is not limited to: (a) name; (b) zip code; (c) email address; (d) home or business telephone number; (e) home, business or mailing address; (f) demographic information (e.g., gender, age, political preference, education, race or ethnic origin, and other information relevant to user surveys and/or offers); (g) date of birth; (h) insurance information; (i) photographs; (j) information about your project, request or need; (k) images or video or audio files; (l) information about body weight, height, and indicia of fitness levels or expertise; and/or (m) in certain circumstances, payment and/or identity verification information. You are not required to provide us with such information, but certain features of the Platform may not be accessible or available, absent the provision of the requested information. By affirmatively providing such information to us by or through the Platform, you are voluntarily consenting to allow us to collect and store such information.

Information from Affiliates, Social Networking Sites, and other Non-affiliated Third Parties

We may collect information about you or others through MADE affiliates or through non-affiliated third parties.

Information That is Passively or Automatically Collected Device/Usage Information.

We and our third-party service providers, which may include ad networks and analytics companies including DoubleClick and Google Analytics, may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Platform. As described further below, we may collect and analyze information including but not limited to (a) browser type; (b) ISP or operating system; (c) domain name; (d) access time; (e) referring or exit pages; (f) page views; (g) IP address; (h) unique device identifiers; and (i) the type of device that you use. We may also track how frequently you access or use the Platform. We use this information (including the information collected by our third-party service providers) for Platform analytics (including to determine which portions of the Platform are used most frequently and what our users like/do not like), to assist in determining relevant advertising (both on and off the Platform), to evaluate the success of our advertising campaigns, and as otherwise described in this Policy.

Location Information.

When you use the Platform, we may collect general location information (such as IP address).

HOW WE USE THE INFORMATION WE COLLECT

We may use your information for any of the following reasons:

  • For the purposes for which you provided it;
  • To enable you to use the services available through the Platform, including registering you for our services and verifying your identity and authority to use our services;
  • For customer support and to respond to your inquiries;
  • For internal record-keeping purposes;
  • To improve and maintain the Platform and for product development;
  • To address fraud or safety concerns, or to investigate complaints or suspected fraud or wrongdoing;
  • To periodically send promotional emails regarding new products from MADE, special offers from MADE, or other information that we reasonably believe may interest you;
  • With your consent, to contact you by text message regarding certain services or information you have requested;
  • With your consent, to contact you by telephone or text message regarding Platform features, improvements, or other products and services that may interest you;
  • For MADE market research purposes, including, but not limited to, the customization of the Platform according to your interests;
  • To contact you about goods and services that may interest you or with information about your use of the Platform;
  • For other research and analytical purposes; and
  • To resolve disputes, to protect ourselves and other users of the Platform, and to enforce any legal terms that govern your use of the Platform.

We may combine information that we collect from you through the Platform with information that we obtain from affiliated and nonaffiliated third parties, and information derived from any other products or services we provide. We may aggregate and/or de-identify information collected through the Platform. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.

WHEN WE DISCLOSE YOUR INFORMATION

Unless otherwise described in this Policy, we may also share the information that we collect from you through the Platform as follows:

  • Affiliates. We may share your information with any MADE affiliates, independent contractors, subcontractors, or subsidiary or parent companies to MADE.
  • Consent. We may disclose your information to non-affiliated third parties based on your consent to do so. Such consent includes the disclosure of your information (a) in order to provide services or products that you have requested (please see below for more details); (b) when we have your permission; or (c) as described in this Policy, the Terms of Use, or any other legal terms governing your use of the Platform.
  • Service Providers. We may provide access to your information to select third parties who perform services on our behalf. These third parties provide a variety of services to us including without limitation billing, sales, marketing, advertising, market research, fulfillment, data storage, analysis and processing, identity verification, fraud and safety protection and legal services. As we retain new service providers, we generally seek contractual assurances from these service providers that they will not use your information in any manner other than to help us provide you with the services and products available from MADE.
  • Legal Requirements. We may disclose your information when required by law or when we believe in good faith that such disclosure is necessary to: (a) comply with subpoenas, court orders, or other legal process we receive; (b) establish or exercise our legal rights including enforcing and administering agreements with users; or (c) defend MADE against legal claims. If we are required by law to disclose your information, we will use commercially reasonable efforts to notify you unless we believe in our sole discretion that (a) providing notice is prohibited by the legal process itself, court order or applicable law; or (b) we, in our sole discretion, believe that providing notice could create a risk of injury or death, or that harm or fraud could be directed to MADE or users. We will attempt to provide the notice by email if you have given us an email address through which we may contact you.
  • Protection of MADE and Others. We may disclose your information when we believe it appropriate to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use or any other legal terms governing use of the Platform, and/or to protect our rights and property and the rights and property of other users.
  • Business Transfers. As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions or where there is any change of control of MADE, user information may be among the transferred assets.
  • Academics and Research. We may provide information about users to third parties for academic and research purposes, in anonymized or aggregated form.

Please be advised that some information you provide will be publicly accessible. For instance, registration for an Account requires that you provide us with your name. If you choose to post User Content on or through the Platform, such as through Member-to-Member messaging, through our review boards, forums, blogs, or other postings, that information: (a) may be or become publicly available; (b) may be collected and used by third parties without our knowledge; and (c) may be used in a manner that may violate this Policy, the law, or your personal privacy.

COOKIES AND OTHER SIMILAR TECHNOLOGIES

We and our third-party service providers may use cookies, clear GIFs, pixel tags, and other technologies that help us better understand user behavior, personalize preferences, perform research and analytics, and improve the Platform. These technologies, for example, may allow us to tailor the Platform to your needs, save your password in password-protected areas, track the pages you visit, help us manage content, and compile statistics about Platform usage. We also use certain of these technologies to deliver advertisements through the Platform that may interest you. We or our third-party service providers also may use certain of these technologies in emails to our customers to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded. We may also use local shared objects (also known as "Flash cookies") to assist in delivering special content, such as video clips or animation. Flash cookies are stored on your device, but they are not managed through your web browser. To learn more about how to manage Flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Platform, because it may not function properly. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser may not affect flash cookies. As we adopt additional technologies, we may also gather additional information through other methods.

ONLINE ANALYTICS AND TAILORED ADVERTISING

Analytics

We may use third-party web analytics services on the Platform, such as those of Google Analytics. These service providers use the sort of technology described in the Information We Collect About You section above to help us analyze how users use the Platform, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Platform. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.

CALIFORNIA DO-NOT-TRACK DISCLOSURE

MADE is committed to providing you with meaningful choices about the information collected on our Platform for third party purposes. That is why we have provided links below to the NAI "Customer Opt-out" link, DAA opt-out link, a Google opt-out link. However, MADE does not currently recognize or respond to browser-initiated Do-Not-Track signals, as the internet industry is currently still working on Do-Not-Track standards, implementations and solutions.

CHILDREN'S PRIVACY

Our Services are not designed for children under 13. Only persons 13 years of age or older may use the Platform. If we discover that an individual under 13 has provided us with personal information, we will close the account and delete such information.

SECURITY

We employ appropriate physical, procedural and technological security measures, which are reasonably designed to help protect your personal information from unauthorized access or disclosure. MADE may use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. No security measures, however, are 100% failsafe. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communications will not be collected, disclosed and/or used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. MADE is not responsible for the unauthorized use of your information nor for any lost, stolen, compromised passwords, or for any activity on your Account via unauthorized password activity.

The Platform may contain links to other websites or resources over which MADE does not have any control. Such links do not constitute an endorsement by MADE of those external websites. You acknowledge that MADE is providing these links to you only as a convenience, and further agree that MADE is not responsible for the content of such external websites or the protection and privacy of information you provide while visiting such external websites.

UPDATING, DELETING, AND CORRECTING YOUR INFORMATION

You may review, correct and delete certain information about you by logging into the Platform. You must promptly update your Account information if it changes or is inaccurate. Upon your request, we will close your Account and remove your profile information from view as soon as reasonably possible. We may retain information from closed Accounts in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations of any user, enforce our Terms of Use, and/or for any other purposes otherwise permitted by law that we deem necessary in our sole discretion. You should understand, however, that once you transmit User Content through the Platform, you may not be able to change or remove it. Once we have deleted or removed your Account, you agree that MADE will not be responsible to you for retaining information related to your Account.

YOUR CHOICES REGARDING EMAIL COMMUNICATIONS

We may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your Account or any services you have requested or received from us.

CHANGES TO THIS POLICY

THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. MADE MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS POLICY AT ANY TIME. MADE WILL POST ITS UPDATED POLICY ON THE PLATFORM OR SEND YOU AN EMAIL IN ADVANCE OF THE NEW EFFECTIVE DATE. MADE ENCOURAGES YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED ACCESS TO OR USE OF THE PLATFORM WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT POLICY.

Our computer systems are currently based in the United States, so your personal data will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create an Account with the Platform as a visitor from outside the United States, by using the Platform, you agree to this Policy and you consent to the transfer of all such information to the United States, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Policy.

CONTACT US

If you have any questions about the Privacy Policy or the Platform, please contact us by sending an email to info@mymadeapp.com.