Privacy Policy

Policy last updated on February 9, 2021.

At SCULPTnation, we respect your concerns about privacy and value our relationship with you.

This Privacy Policy applies to information collected by SCULPTnation, SCULPTnation Subsidiaries, SCULPTnation Brands, and any affiliated or subsidiary companies or subsidiaries of our parent Company V Shred, LLC and or their subsidiaries (“SCULPTnation,” “we” or “us”), offline or online, including, but not limited to all websites or apps that post a link to this Privacy Policy (collectively, “the Sites”).

This Privacy Policy explains the types of personal information we collect, how we use and process personal information, the legal basis for processing, and with whom we share personal information. We also tell you how you can reach us to update your contact information, remove your name from our mailing lists, or get answers to questions you may have about our privacy practices. Please read this Privacy Policy carefully. By continuing to interact with our Sites or providing personal information to us after having an opportunity to review this Privacy Policy, you are agreeing to the practices described in this Privacy Policy.

SCULPTnation is located in the United States. Information collected on our website and applications is stored in the United States; therefore, your information may become subject to U.S. law. By using SCULPTNATION.com and the SCULPTnation platform(s), including social media, you consent to the transfer of your data overseas and across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. The laws governing data in your home country may differ from those in the countries to which data is transferred. By accessing and using our website and mobile applications, you consent to the transfer of your data in this manner.

1. UPDATES TO OUR PRIVACY POLICY

This Privacy Policy may be updated periodically. We may modify this Privacy Policy at any time in our sole discretion. If we make material changes to this Privacy Policy that increase our rights to use personal information we have previously collected about you, we will obtain your consent either through an email to your registered email address or by posting on our sites. If we intend to further process your personal data for a purpose other than that for which the personal data was collected, prior to that further processing, SCULPTnation shall provide you with information about that other purpose and with additional information necessary to ensure fair and transparent processing.

2. PERSONAL INFORMATION WE COLLECT

When we use the terms “personal information” or “personal data” in this Privacy Policy, we are referring to information that identifies, relates to, describes, or is reasonably capable of being associated, directly or indirectly, with an individual. It does include information that has been modified in a substantial way so that it no longer can reasonably identify or be linked to an individual.

We or our affiliated companies may collect personal information including your name, address, telephone number, email address, site password, demographic information, user set objective of your workout(s), user set macro nutrition goals, user inputted weight, user inputted height, user submitted activity level, birthday, purchase history, profile photos, completion status of workout(s), health information or financial information when you visit the Sites, create an account with us, or register a product or purchase with the Sites. Some of our Sites also offer you the option to interact with, capture, or save information through the Sites. This may include the upload of photos or personal information in a freely distributed form.

We do not store credit card or payment information, but some of our payment processors could. We change these processors from time to time please read their specific privacy policies separately.

We collect information through cookies and beacons on our Sites including your IP address, how you use the Sites, and what you have searched for and viewed with the Sites. The information automatically collected will be associated with other personal information we have collected about you. We also automatically collect information about the devices you use to interact with our Sites including your device identifier, web browser, and precise geolocation (with your knowledge and consent).

Additional ways in which personal information is collected and processed are as follows:

1. Information You Provide

   Precise Geolocation Information. We may offer products and services that require us to collect your precise geolocation. In such instances, you may be required to allow SCULPTnation to collect your precise geolocation, with your knowledge and consent, to provide you with that product or service. If you choose not to provide us with your precise geolocation information, these products and services will not function properly, and we will not be able to provide them to you.

   We will also use this precise geolocation information for analytics purposes and will share your precise geolocation information with certain third parties, including, but not limited to, dealers and parties who provide targeted advertising and analytics services.

   Newsletters and Other Communications. We may offer online or offline newsletters and other communications or reoccurring emails, about our products, services and promotions. When you sign up to receive these communications, we ask you for personal information, such as your name, postal address and email address. We, or the authorized dealer in your area, will use the information to send you the communications you request and to communicate with you about our products and services.

   Feedback, Social Media, Surveys, or Contests. We may offer you the opportunity to participate in social media, online surveys, solicitations, or contests. Information we request includes contact information (such as your e-mail address), photos, health status, weight loss, demographic information, videos, and diet/workout plans. Participation in social media, surveys, solicitations, or contests is completely voluntary. Therefore, you have a choice as to whether to disclose any information. We, our business partners, or the authorized dealer in your area, will use the information provided to notify contest winners and award prizes, to monitor or improve the use of one or more websites or advertising, and to provide aggregated information for marketing analyses. By submitting information to us via contests, social media, or directly, you grant SCULPTnation an unlimited non-exclusive license to utilize your photo and success story in a variety of marketing mechanisms without attribution or royalty. We may utilize said data, except for your name and contact information, to create new intellectual property and or programs without attribution or royalty. You recognize that social media supported fitness is a key and fundamental part of our program, to which you consent. We hope that you and your peers get healthy together.

   That being said, upon request we will remove any identifiable information, photos, or plans from any digital distribution mechanism within 30 days. We will agree to stop utilizing said identifiable information from any print or semi-permanent publications on any future publications or prints that require a revision. We reserve the right to continue to create old versions or print runs.

   Solicitations may take the form of mailings via U.S. mail; other couriers; or (if provided) email.

   Careers. Our Sites may include a link to SCULPTnation Careers so that you may search for open SCULPTnation positions and apply for positions by submitting your resume and other personal information, such as your name, contact information, and job history. We use the information you submit to evaluate your interest in employment and to contact you regarding possible employment.

2. Online Sales.

   SCULPTnation Sites. Our branded merchandise and services are offered for sale by SCULPTnation directly from the Sites. If you transact with SCULPTnation via our Sites, your information will be collected to process orders. Your information will be collected either by SCULPTnation or by an authorized third-party payment processor.

   Third-Party Sites. Our branded merchandise from time to time is offered for sale by authorized third-party merchandise partners through websites they own and control, which may be linked to the Sites. If you transact with an authorized third-party merchandise partner, your purchase will be conducted on our authorized third-party merchandise partner’s website, subject to the third- party’s Privacy Policies and Terms of Use. You should review the Privacy Policy and Terms of Use that apply to that third-party’s website, which will apply to your transaction.

   Product Financing and Credit Refinancing. We may provide links to third-party vendors for product financing or credit refinancing information for some of our products. If such a link is provided, your information is transmitted directly to the third-party vendor and is not received by our companies. You should review the Privacy Policy and Terms of Use that apply to the third-party vendor’s website.

   Referral Service. From time to time, we may offer a referral service that allows you to inform your friends and other acquaintances about products and/or information contained on (or through) SCULPTnation’s websites. If you elect to use such a referral service, the following will apply; email address(es) will be collected for the purpose of sending a one-time email for which you will be noted as the sender of such email. SCULPTnation will be a service provider facilitating such delivery.

3. Information We Collect Using Cookies and Other Technologies

   We collect certain information by automated means when you visit our Sites, such as how many users visited our Sites and the pages accessed. By collecting this information, we learn how to best tailor our Sites to our visitors. We collect this information through various means such as “cookies” and “web beacons.” In addition, we may collect IP addresses, as explained below. For more information regarding our use of cookies, please refer to our separate Cookie Policy.

   Cookies. As described in our separate Cookie Policy, like many companies, we use “cookies” on some of our Sites. Cookies are pieces of code placed on your devices when you visit certain websites. We use cookies to tell us, for example, whether you have visited us before or if you are a new visitor and to help us identify features of the Sites in which you may have the greatest interest. Cookies may enhance your online experience by saving your preferences while you are visiting a particular website.

   Most web browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the features and functionality of the Sites.

   Web Beacons. As described in our separate Cookie Policy, certain pages on our website contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears; the URL of the page on which the beacon appears; the time the page containing the beacon was viewed; the type of browser used to view the page; and the information in cookies set by the third party.

   IP Addresses. An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our website and/or app, we view the IP address of the device you use to connect to the Internet. We then use this information to determine the general physical location of the device and understand the general locations of our website visitors. We also use this information to enhance our website and/or app.

4. Mobile Services

   Any information we obtain from you in connection with any mobile service, including SMS services, may include your name, address, mobile phone number, your mobile service provider's name, and the date, time, and content of your messages. In addition to any fee we may charge, your mobile service provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. You may opt out or change your information for mobile services via email to [email protected] or by sending "STOP", "END", "QUIT" to the SMS text message you have received. However, such opting out will not apply to any communications from our other website offerings you have registered for or from the Network Sites to whom we may have already provided your information. You must opt out directly with each respective affiliate and follow their individual opt out policy.

3. PURPOSES AND LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION

The information we collect is processed for the following purposes:

• To serve the functions of the Sites;
• To manage everyday business needs, such as administration and improvement of the Sites;
• To analyze the Sites’ performance and functioning;
• To prevent fraud; to enforce the Sites’ Terms of Use; to comply with all applicable laws and corporate reporting obligations; and to enforce SCULPTnation’s Agreements;
• To analyze how you use the Sites and to perform other market research;
• To provide information and communicate with you about our products and services;
• To provide you with advertisements based on your interests;
• To create and foster a wellness environment and community including targeted advertisements to said community;
• To provide you with information about financial options for the purchase of our products;
• To facilitate your interaction through our Sites with other consumers, including through social networking; and
• To send you further notices, promotions, solicitations, brochures, or other marketing materials regarding our Sites, our products, and the services of our businesses, affiliates, business partners, or authorized dealers.

SCULPTnation processes this information where we have a legal basis to do so. The legal basis that we will rely on will be one of the following:

• You have consented to our processing your personal information;
• The processing is necessary to perform a contract with you or to fulfill a request you have made;
• The processing is necessary to comply with a legal obligation that applies to SCULPTnation under United States, European Union, Member State, or other applicable law; or
• The processing is necessary for purposes that are in SCULPTnation’s legitimate interests as a retailer in order to protect our business, grow our business, and better understand our customers.

We may use your personal information to develop a personal profile about you. We may use the personal information in your profile to respond to requests and market directly to you upon request.

If you notify us that you do not wish to be contacted for marketing purposes, we will not send you marketing information.

Our Sites collect personal information about your online activities over time and across third-party websites or online services.

4. PERSONAL INFORMATION WE SHARE

We share the information you provide with affiliates, subsidiaries, V Shred, LLC, sales representatives or authorized dealers in your area, other business partners, and third party marketing partners. They may use your information to communicate with you about their products and services, and to send you further notices, promotions, solicitations, or brochures, and other marketing materials regarding our website, our products, and the services they provide. With your knowledge and consent, we will also share your precise geolocation with third parties, including, but not limited to, dealers and parties who provide targeted advertising and analytics services.

We also share your information with third parties who perform services and functions on our behalf to support our interactions with you including, for example, providing our products and services, administering surveys or contests, hosting product reviews, or communicating with you. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

In addition, we will disclose information about you:

• If we are required to do so by law or legal process;
• To law enforcement authorities or other government officials;
• When we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity;
• If this is necessary to protect the vital interests of a person;
• To enforce our Terms of Use;
• To protect our property, services and legal rights;
• To prevent fraud against SCULPTnation, our Sites, our affiliates, business partners, or authorized dealers;
• To support auditing, compliance, and corporate governance functions; or
• To comply with applicable laws.

We reserve the right to disclose and transfer all information related to our Sites, including personal data, to a subsequent owner, co-owner or operator of one or more of the Sites or in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our stock and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process.

5. LINKS TO OTHER WEBSITES

Our Sites may provide links to other websites for your convenience and information. These websites may operate independently from our Sites. Linked websites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not part of this website, we are not responsible for their content, any use of the websites, or the privacy practices of any of those websites.

6. THIRD-PARTY ADVERTISEMENTS

Third parties, including advertisers, will collect information, potentially including personal information, about your activities over time and across different websites when you use the Sites. Those third parties provide SCULPTnation with data collection, reporting, ad response measurement, analytical information, and assist with delivery of relevant marketing messages and advertisements.

Collection of your personal information by third parties is not governed by this Privacy Policy. Please consult the privacy policies of those third parties to determine how they collect and use your personal information.

Many third-party advertisers and some web browsers and mobile devices allow you to opt out of third-party advertising. Information and resources to opt out of interest-based advertising are available from the Digital Advertising Alliance at http://www.aboutads.info/choices/. You may also opt out of tracking and receiving targeted advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at: www.aboutads.info/appchoices. Please note, opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while visiting the Sites and elsewhere online.

7. HOW WE PROTECT PERSONAL INFORMATION

We maintain reasonable security procedures and practices appropriate to the nature of the personal information we collect to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of the information you provide when visiting or using the Sites. Despite our efforts to safeguard your personal information, we cannot guarantee it will be completely secure from unauthorized access, disclosure, use, or alteration. In particular, there is always an inherent risk in the electronic transmission and storage of information. To protect the security of your user name and password, we recommend that you use a complex password that is different from passwords you use for other activities, keep all your passwords in a safe place, and do not share your passwords with others. Always remember to logout after your session ends so that other people cannot access your account information.

8. CHILDREN’S PRIVACY

Our Sites are not directed at children under the age of 18. You specifically recognize and consent that you are 18 years of age or older before using this Site. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 18, we will promptly delete that information. If you believe you or your child’s information has been captured while under 18 years of age, please contact us immediately at [email protected] and we will immediately remove this information.

9. YOUR RIGHTS – ACCESS & CORRECTION

You have the right to request access to the personal information we have collected about you for the purposes of reviewing, modifying, or requesting deletion of the information. You also have the right to request a copy of the information we have collected about you. In certain situations, you may also request that we restrict or cease processing your information.

If you would like to make a request to access, review, or correct the personal information we have collected about you, please contact us by emailing us at [email protected] or through one of the methods in the “How to Contact Us” section, below.

To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your information.

You will be notified of any actions taken on your personal information in response to a request submitted for modification, deletion, or restrictions on the processing of your personal information.

When data processing is based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before such withdrawal. You also have a right to data portability when the data processing is based on a contract between you and SCULPTnation and the data was processed by automated means. You may exercise these rights by submitting a written request to [email protected], SCULPTnation will respond to your request within one month.

You have the right to lodge a complaint with the appropriate privacy or data protection regulator in your jurisdiction.

10. RETENTION OF PERSONAL INFORMATION

SCULPTnation retains all personal information for the duration of the relevant business relationship or, where required, in accordance with its information management policies and schedules. When deleting personal information based on a request by the data subject, SCULPTnation will make reasonable attempts to ensure that all instances of the information are deleted in their entirety. For requests for access, corrections, or deletion, please refer to the “Your Rights - Access & Correction” section of this policy.

SCULPTnation maintains documentation, including a data processing activity register, to demonstrate compliance with its obligations and to allow audits, including inspections, to be carried out by SCULPTnation or another auditor it has mandated, and to participate in such audits.

11. HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy, please contact:

SCULPTnation

Attn: Legal

4530 S Decatur Blvd, Las Vegas, NV 89103

Email: [email protected]

If you would like to make a request to access, review, or correct the personal information we have collected about you, update your preferences, have your information removed from our mailing lists, or no longer receive marketing e-mails resulting from information collected, you may do so by:

• Adjusting the settings in an account you created through the Sites;
• Unsubscribing via the links contained in emails from us; or
• Contacting us at [email protected]

12. California Consumer Privacy Act - Notices and Rights for California Consumers

This section of our Privacy Policy supplements our Privacy Policy to provide additional information under the California Consumer Privacy Act of 2018, as amended, and other California consumer protection laws. This section applies only to consumers who reside in the State of California. This section does not apply to SCULPTnation personnel or to California residents, whose information we obtain in business, to business interactions.

1. Notice at Collection of Personal Information

   The personal information we collect about consumers and the business or commercial purposes for which it will be used is described in these sections of our Privacy Policy:

   The chart below summarizes the categories and specific pieces of information SCULPTnation may have obtained about you during the past twelve (12) months, depending on the nature and scope of our interactions with you.

   CATEGORIES OF PERSONAL INFORMATION COLLECTED IN the PAST 12 MONTHS	SPECIFIC PIECES OF PERSONAL INFORMATION COLLECTED IN THE PAST 12 MONTHS
   Personal Identifiers	Name, postal address, email address, and telephone number if provided by the customer or available from public or commercial sources. Fitness goals, nutrition goals, activity level, gender, weight, and height submitted by the customer. Username and password for SCULPTnation online or application. Internet protocol address; mobile device identifier.
   Consumer Information	Credit/debit card information, if provided, to complete a transaction through a payment processor not usually retained by SCULPTnation. Financial information.
   Commercial Information	Transaction history with SCULPTnation and affiliates for products and services purchased. Credit reports if providing financing for purchase through a payment processor not usually retained by SCULPTnation.
   Biometric Information	Recordings of voicemails. Photos, if provided. Videos, if provided. Recordings of customer service calls.
   Internet and Other Electronic Network Activity	Forms completed online; browsing history; search history. Interactions with the Sites, application, and advertisements. Electronic communications (e-mail). Posts on online forums. Posts from Instagram, Facebook or other social media on our homepage or tagged with our corporate page.
   Geolocation Data	Precise geolocation is collected with your consent in order to provide certain products and services you request. General location information may be derived from IP addresses and mobile device data.
   Customer or Household Profile Information	Profile of customer preferences, needs, and interests; geographic location; budget; family composition and age ranges.

   
   
   

2. Right to Know about Personal Information We Collect, Disclose, or Sell

   California consumers have the right to request any of the following information regarding personal information collected by SCULPTnation about the consumer or the consumer’s household during the last twelve (12) months (“Right to Know”):

   1. The categories of personal information we collected.
   2. The categories of sources from which the personal information is collected.
   3. The business or commercial purpose for collecting or selling personal information.
   4. For personal information sold or exchanged for value with a third party: categories of personal information and categories of third parties.
   5. For personal information disclosed to a third party for a business purpose: categories of personal information; and categories (of) third parties.
   6. The specific pieces of personal information collected about you (except for very sensitive personally identifiable information, which we will describe, but not transmit).

   The process by which we verify and respond to your requests is explained below under, “How to Make a Verifiable California Consumer Request” and “How We Will Respond to a California Consumer Request.” You may submit a Right to Know request at [email protected]

3. Right to Deletion of Personal Information

   California consumers have the right to request that a business delete any personal information about the consumer, which a business has collected from the consumer, subject to a range of exclusions permitted by law (“Right to Delete”). For example, a business is not required to delete personal information if it is necessary to complete a transaction, is reasonably used for an ongoing business relationship, or is used internally in a lawful manner that is compatible with the context in which the consumer provided the information.

   Once we receive and verify your request, we will separately confirm your request and follow appropriate procedures to verify the identity and authority of the person submitting the request. If the Right to Delete request is confirmed and verified, we will delete (and direct our service providers to delete) the requested personal information from our records, unless an exclusion applies. If we are unable to fulfill all or part of your request, we will let you know why (for example, if we have a permitted reason to retain certain information if the identity of the requesting person cannot be verified).

   The process by which we verify and respond to your requests is explained below under “How to Make a Verifiable California Consumer Request” and “How We Will Respond to a California Consumer Request.” You may submit a Right to Delete request here.

4. No Sales of Personal Information

   California consumers have the right to direct a business not to sell their personal information to others. In the preceding twelve months, SCULPTnation has not made sales of personal information for monetary or other consideration and has no present plans to do so. We share personal information with third parties for the purposes described in the section of this Privacy Policy titled, "PERSONAL INFORMATION WE SHARE."

5. Designating an Authorized Agent

   California consumers may designate an authorized agent to act on their behalf to submit a Right to Know or Right to Delete request, or (if applicable) a request to opt-out from the sale of their Personal Information. An authorized agent may be a natural person, or a business entity registered with the Secretary of State. An authorized agent must also submit to SCULPTnation written proof of their authorization to act on the consumer’s behalf.

6. How to Make a Verifiable California Consumer Request

   California consumers may submit a request to exercise any of their rights described above, as noted under the section titled: “How to Contact Us.”

7. How We Will Respond to a California Consumer Request

   We will confirm receipt of your Right to Know or Right to Delete request within ten (10) days and may request additional information necessary to verify that you are permitted to make the request. We will respond to any verifiable consumer request within forty-five (45) days of receiving it, subject to delays and exclusions permitted by law. If we require more time to respond, we will let you know the reason why and the extension period in writing. If you have a password-protected online account with us, we will respond via that account. If you do not have an online account, we will use the email address or U.S. Postal address you provided to us when making the request.

   For a Right to Know request, our response will cover the twelve (12) month period preceding our receipt of the request. If we cannot comply with all or part of your request, we will explain the reasons why. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information readily from one entity to another entity.

   We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

8. Protection from Discrimination for Exercising California Consumer Rights

   California consumers have a right not to receive discriminatory treatment by the business for exercising the privacy rights conferred by the California Consumer Privacy Act. As such, we will not discriminate against a California consumer for exercising any of the rights described in this section. This means that except as legally permitted we will not:

   • Deny you goods or services.
   • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
   • Provide you a different level or quality of goods or services.
   • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

9. Financial Incentive Programs

   We are permitted to offer certain financial or service incentives to encourage consumers to provide certain financial information. If we offer a financial or service benefit program to you, we will provide a written description of the material terms of the program to you in a written Notice of Financial Incentive, and you will only be enrolled as a participant if you affirmatively opt-in to the program. You may revoke your opt-in consent at any time. The Notice of Financial Incentive will explain the process for opting-in to participate and withdrawing from the program (opting-out) in.

10. California “Shine the Light” Law

    If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third-parties’ direct marketing purposes within the immediately preceding calendar year. We will provide you with a list of the categories of personal information disclosed and a list of the names and addresses of the third parties. To make such a request, please send an email including evidence of residency in California to [email protected]