Privacy Policy

This Privacy Policy relates to our use of any personal information you provide to us through BodyMedia web sites. This policy forms part of the Terms and Conditions of Use.

Like many web sites, we gather information about how visitors use our web site. In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track your visit for trends and statistics, but you will remain anonymous unless you tell us who you are. Once you choose to give us your personal information, you are not anonymous to us.

We may change our privacy policy from time to time. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy.

Information you give us

We receive and store any information you enter on our web sites or give us in any other way. However, we do not collect any personal information about you unless you voluntarily submit such information to us. Our web sites use registration for communities, and an order form for you to request products, and services. This can consist of information such as your name, e-mail address, postal address, telephone or mobile number, and date of birth.

Information collected by the web sites

Our web sites may use cookies and collect IP access logs (an IP address is a number that can uniquely identify a specific computer or device on the internet). We use analysis software to look at IP addresses and cookies for the purpose of enhancing your experience and improving our services. This information is not used to develop a personal profile of you.

We do not automatically log personal data, nor do we link information automatically logged by other means with personal data about specific individuals.

Children

We do not knowingly collect personal data from children on our web sites.

We do collect personal data from children who are subscribed to our metabolic monitoring service.

We take specific steps to protect the privacy of children:

• Only teenagers and adults are allowed to register for Bodymedia web site communities.
• The Metabolic Monitoring Service requires a separate login and password, only available with the purchase of a subscription.
• The Metabolic Monitoring Service does not store personally identifiable information such as name and address.
  

How about cookies?

Cookies are alphanumeric identifiers that we transfer to your computer through your Web browser. The information we collect is anonymous and BodyMedia has no way of accessing any of your personally identifiable information through this system. For example, we use cookies to:

• Remember the items in your Shopping Cart
• Recognize you when you return to our web site
• Analyze visitor behavior

The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you are to receive a new cookie, or how to disable cookies altogether. However, cookies are required for some of our web pages and services to function correctly, so we recommend that you leave them turned on.

Use of personal information

We use the information you provide us to perform the services for which such data was collected. For example, if you sign up for an email newsletter, we will send the email newsletter to the address you provide us. BodyMedia will use your personal information for a number of purposes including the following:

• For "service administration purposes", which means that BodyMedia may contact you for reasons related to the service you have signed up for (e.g. to provide you with password reminders or to notify you that a particular service has been suspended for maintenance).
• To contact you about a submission you have made to the web sites, including any content you provide.
• IP addresses are used to identify the number of visits from different locations and also to block disruptive use.
• To analyze and improve the services offered on BodyMedia web sites.
• If you post or send offensive, inappropriate or objectionable content anywhere on or to BodyMedia sites or otherwise engage in any disruptive behavior, BodyMedia may use your personal information to stop such behavior.
• On rare occasions, we may disclose specific information upon governmental request, in response to a court order, when required by law, to enforce our web site policies, or to protect our or others' rights, property, or safety. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.

How about third parties?

Information about our customers is an important part of our business, and we use it responsibly. We employ or partner with other companies and individuals to perform functions on our behalf. Examples include processing credit card payments and providing marketing assistance. These agents have access to personal information needed to perform their functions, but may not use it for other purposes. We may sell non-personally identifiable information about our users generally. We may partner with third party companies, who may use personally identifiable information only if they have privacy policies in line with our own. Also, we release personal information when we believe release is appropriate to comply with law or protect the rights, property, or safety of BodyMedia, its users, or others.

Security

We use industry-standard methods to protect your personal information from unauthorized access. Among other techniques, we usually store such information on a computer behind our "firewall" in a secure location, and we often restrict the number of employees internally who can access such data.

All credit card information you supply online is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be accessed only as stated above. Regardless of these efforts, no data transmission over the Internet or computer storage can be guaranteed to be 100% secure.

Choice, access, and correction of information

As discussed above, you can always choose not to provide certain information, even though it might be needed to take advantage of our features. Our site also provides you with the opportunity to choose not to receive communications from us and our partners. You have the following options for changing and modifying information previously provided or removing your information from our database.

• Web Site Community Information: To modify or delete entirely the information you have provided during communities registration, please login and update your profile.
• E-Mail Communication: To unsubscribe from an email, please follow the instructions in the email you receive.
• Metabolic Monitoring Information: To modify personally identifiable information such as your name, address and contact information, please login to the service and update your profile. When your subscription ends your contact information may be retained so that you can re-activate the service with your previously recorded data intact.
  

Please note, if you have unsubscribed from any BodyMedia communications, due to production schedules, you may receive communications already in production.

Retention

We will hold your personal information on our systems for as long as is necessary for the relevant service, or as long as is set out in any relevant contract you hold with BodyMedia or our corporate retention schedule. In the case that you cancel your web site registration some personal information may remain on the system for a period of one year for administration purposes. We may maintain information about sales transactions or service inquiries for future service and record keeping purposes.

Where you contribute to BodyMedia communities, we will generally only keep your content for as long as is reasonably required for the purpose(s) for which it was submitted. In some circumstances we may keep information for a longer, or even permanent, duration.

BodyMedia's Metabolic Monitoring Services

Our metabolic monitoring services show subscribers information such as their calorie burn and steps through the day. If you subscribe to our metabolic monitoring service we may ask for additional sensitive personal information, for example your weight. We only ask for information that is germane to the service.

The metabolic monitoring service uses an armband activity-monitor which records "armband data".

• The armband-data is anonymized and does NOT include your name, address, phone number or any information that will allow you to be personally identified from the general population.
  
• The armband-data does NOT include information on: where you are, who you are with, what you are saying, or what specifically you are doing.
• The armband-data does NOT include your medical vital signs: core temperature, heart rate, blood pressure, or respiratory rate.

If you choose to self report your data (log your food, enter your weight, etc.), or wear a BodyMedia armband and upload armband-data to a BodyMedia service then:

• All data collected including, but not limited to, food-logs, weight, body-fat-percentage, sensor-data, time recordings, and physiological data (collectively, the “Data”), are and shall remain the sole and exclusive property of BodyMedia.
• You agree that BodyMedia may retain, destroy, edit or use such Data for such purposes and in such manner as may be deemed necessary and appropriate by BodyMedia, provided, however, that your individual identity is not readily discernable from any such presentation or publication made or disclosed to third parties outside of BodyMedia.
• Self reporting data or wearing and uploading armband-data to a BodyMedia service indicates an acceptance and understanding of the use of the Data for the purposes stated, and a waiving of all rights to any claims for payment, royalties or other remuneration in connection with the use of such data.
• You opt-in to armband-data recording by voluntarily wearing the armband.
• You may opt-out of armband-data recording at any time, for any period of time, by not wearing the armband.
• You opt-in to self reporting data by voluntarily self reporting information.
  
• You may opt-out of self reporting data at any time, or any period of time, by not self reporting information.