Privacy Policy


Your privacy and the security of your personal information are very important to us. We want you to be as comfortable as possible visiting our website and using our Online Products. This Privacy Policy governs our United States bodytrace.com website and our Online Products, and explains how we collect your personal information on our website or through the Online Products, how we protect such information, and the choices you have concerning the use of such information. Please read this Privacy Policy carefully. Except as disclosed in this Privacy Policy, we will not sell, share, license, trade, or rent your personal information to others.

We may amend this Privacy Policy from time to time. We will post any changes to this Privacy Policy here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this Privacy Policy on a regular basis. By using our website or any of our products, offerings, features, tools or resources that we provide on our website (collectively, our "Online Products"), including our products or offerings for personal digital assistants or other handheld or mobile devices (collectively, our "Handheld Products"), you agree to the terms of this Privacy Policy.

Please remember that this Privacy Policy applies only to information collected by our website or through our Online Products. We are not responsible for the privacy of any information you reveal or post in any public forum (e.g., message board, blog, personal page, etc.) or through the "Public Profile" feature available on our website, or for the privacy practices of websites that are operated or owned by third parties.

What information about you is collected on our website or through our online products?

We collect two types of information: personally identifiable information and non- personally identifiable information.

Personally Identifiable Information

Personally identifiable information is information that identifies you or can be used to identify or contact you ("Personally Identifiable Information"). Such Personally Identifiable Information may include your name, address, email address, telephone number, birth date (primarily for eligibility purposes) and billing and credit card information. We may request Personally Identifiable Information from you when you register on our website, subscribe to our Online Products, or in connection with other Online Products we may make available on our website from time to time. In all of these cases, we will collect Personally Identifiable Information from you only if you voluntarily submit such information to us. Unless you give us permission to do so, we will not sell, share, license, trade or rent your Personally Identifiable Information other than as specified in this Privacy Policy.

You do not have to provide us with any Personally Identifiable Information to visit our website. However, if you choose to withhold requested information, you may not be able to visit all sections of our website or use all of our Online Products, such as subscribing to our online weight-loss tools or posting content to any Community Area on our website. A "Community Area" means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity.

Non-Personally Identifiable Information

When you become a registered user of our website, subscribe to one of our current Online Products, or in connection with other Online Products we may make available on our website from time to time, we also may collect information that by itself cannot be used to identify or contact you, such as demographic information (like age, profession or gender) and health information (like current weight) ("Non-Personally Identifiable Information"). Non-Personally Identifiable Information may also include user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our website. Non-Personally Identifiable Information is used to help us understand who uses our website and to improve and market our website in general and our Online Products in particular.

Information From Other Sources

We may also supplement the information we collect with information from other sources to assist us in evaluating and improving our website and Online Products, to determine your preferences so that we can tailor our website and Online Products to your needs, and/or to study nutritional, weight-loss, behavioral and fitness questions in general.

Where and when is information collected on our website or through our online products (including through the use of cookies and action tags)?

We may collect information (including information that is Personally Identifiable Information) from you in different manners and at different places and times on our website, such as when you register for our website or subscribe to one of our Online Products. We also may collect information from you in connection with, or through, other Online Products we may make available on our website from time to time. The following is a description of the areas and/or manners in which we primarily collect information about you.

Becoming a Registered User and Subscription

In order to access certain Online Products on our website, such as our Community Areas, weight-loss tools and food database, you must first complete certain steps to become either a registered user or a subscriber. During these steps, you may be required to provide us with information (including Personally Identifiable Information) such as name, zip code and email address, and, if you subscribe to one of our Online Products, credit card and billing information. This information is used to help us understand who uses our website, to improve our website and our Online Products, to contact users about requested Online Products and/or for subscription billing purposes. It is optional for you to provide demographic information (such as profession and number of children), but providing this information is encouraged so we can provide a more personalized experience on our website.

Online Products

We collect information, some of which may be Personally Identifiable Information, that you voluntarily provide to us when you choose to use some of our Online Products (available either for free or on a subscription basis) such as the "Weight Tracker" tool and the Community Areas. We also collect information that you provide voluntarily through responses to special Online Products such as surveys, questionnaires, self-assessment quizzes, contests and the like. Some of these Online Products may ask you for health related information. We collect this information in order to personalize your online experience.

Public Forums and the Public Profile Feature

We feature public forums such as those contained in the Community Areas where you and other users of our website can communicate with one another. In addition, we offer both the "Public Profile" and "My Page" features of our website to permit you to share information about yourself (including, if you elect, Personally Identifiable Information) with others. This privacy policy does not protect you when you use our public forums or provide information (including personally identifiable information) about yourself through the public profile feature or through any community area available on our website. You should be aware that any information shared in a public forum such as a message board, blog, personal page, posting, group, bulletin board or recipe swap or through our Public Profile feature is public information and may be seen or collected by third parties that do not adhere to our Privacy Policy, although the availability of personal pages or groups identified as "private" may be limited to certain permitted users. However, even information marked "private" may be viewed by our staff. You should think carefully before disclosing any information in any public forum, or through the Public Profile feature, on our website. For example, you should not select a username that includes personal information.

Log Files

We also collect Non-Personally Identifiable Information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our website. This information may be used to analyze trends, to administer the website, to monitor our website's use, and to gather general demographic information. We may link this information to Personally Identifiable Information for these and other purposes such as personalizing your experience on our website and evaluating our Online Products in general.

Email or Refer a Friend

Through our referral tools for informing a friend about our website, or one of our Online Products, we will automatically send your friend a one-time email containing the information you request to be sent. If you elect to use these referral tools, we will collect from you certain Personally Identifiable Information about your friend which you have provided, such as your friend's name and email address. We do not store your friend’s information or use it for any other purpose.

Do we collect information from children under 13 years of age?

We are committed to protecting the privacy of children. Our website and Online Products are not designed for or directed to children under the age of 13. We do not collect Personally Identifiable Information from any person we actually know is under the age of 13. We urge all parents or guardians to participate in their children's exploration of the Internet, and to teach their children about protecting their personal information while online.

What do we do with the information we collect?

In general, we use the information collected on our website and through our Online Products to help us understand who uses our website and Online Products and how they are used, to personalize your experience, to assist you in using our Online Products, to improve our website and Online Products, and for subscription billing purposes, if applicable. With respect to our Handheld Products, for example, we may use such information, among other things, to ensure that your handheld device is supported and that it has enough room for the Application, and to confirm which versions of the Application's files are installed on your device.

If you become a registered user of our website or subscribe to one of our Online Products, we may use your information to send you a welcoming email that may confirm your username. If you "opt-in" (for example, if you check a box, or if the box is pre- checked, you do not opt out by unchecking the box) we may send you electronic newsletters, contact you about BodyTrace products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with an option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including Personally Identifiable Information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding our website or Online Products or, if you are a subscriber, about your billing account status. You will not be able to opt- out of these service announcements and updates as they contain important information relevant to your use of our website and/or our Online Products and are not promotional in nature. (If you do not wish to receive these service announcements, you may cancel your account with us and delete the Personally Identifiable Information maintained about you on our systems by contacting our Privacy Coordinator at the address set out below.)

In addition we may use your information to contact you by postal mail about products, services, information and news that may be of interest to you, unless you notify us that you no longer desire to receive these communications.

We may also use the information gathered on our website and through our Online Products to perform statistical analysis of user behavior, to analyze and evaluate issues relating to nutrition, weight-loss, behavior and fitness, or to evaluate and improve our Online Products. We may link some of this information to Personally Identifiable Information for internal purposes only or to assist you in your personal weight-loss efforts.

When do we disclose information to third parties?

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our website.

Laws and Legal Rights

We may also disclose your information (including Personally Identifiable Information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose Personally Identifiable Information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms and Conditions or our Subscription Agreement, or to protect the safety and/or security of our users, our website or the general public.

Sale Of Business

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of BodyTrace, Inc. or provided that the third party agrees to adhere to the terms of this Privacy Policy. We will notify users of any such transfer through notice on our site and through email.

Is the information we collect secure?

We want your information (including Personally Identifiable Information) to remain as secure as possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques. To help ensure the integrity and privacy of the Personally Identifiable Information you provide to us via the Internet at the time you elect to become a registered user or subscribe to our Online Products, we use Secured Socket Layer (SSL) encryption technology in transmitting such Personally Identifiable Information over the Internet to our servers. We secure the Personally Identifiable Information you provide on servers located in controlled, secure environments, protected from unauthorized access, use, or alteration. Only employees who need access to your information to perform a specific task or function are granted access to such information. In addition, all employees of BodyTrace, Inc. must abide by this Privacy Policy and are kept up-to-date on security practices. Any employee who violates this Privacy Policy is subject to disciplinary action, up to and including termination.

Notwithstanding the above commitments to protect your information (including Personally Identifiable Information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.

Can you update or correct your personally identifiable information?

You can always contact us in order to (1) update or correct your Personally Identifiable Information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the Personally Identifiable Information maintained about you on our systems, by accessing My Profile or contacting our Privacy Coordinator at the address set out below. Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our systems. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personally Identifiable Information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all Personally Identifiable Information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.

How will you know if there are any changes to this privacy policy?

If we decide to change this Privacy Policy, we will post those changes on our website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use Personally Identifiable Information in a manner significantly different from that stated in this Privacy Policy, or otherwise disclosed to you, at the time it was collected, we will notify you by email or otherwise, and you will have a choice as to whether or not we use your Personally Identifiable Information in the new manner. We may also make non- significant changes to our Privacy Policy that generally will not affect our use of your Personally Identifiable Information. If you do not agree to the terms of this Privacy Policy, you should not use our website.

Whom do you contact if you have any privacy questions?

If you have any questions about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact our Privacy Coordinator in any of the following ways:

Contact our Privacy Coordinator through our website

Or, write to our Privacy Coordinator at:
BodyTrace, Inc.
Attn.: Privacy Coordinator
255 W 36th St, 8th floor
New York, NY 10018
USA

Acceptance of this policy

By using our website, you signify your acceptance of this privacy policy. If you do not agree to this privacy policy, you should not use our website. Your continued use of our website following the posting of changes to this privacy policy will mean that you accept those changes.

Last modified on June 5, 2009