Privacy Policy

This privacy policy was last revised on July 15, 2015.

This privacy policy applies to www.bodyspec.com, owned and operated by Absolute Health & Performance, Inc. dba BodySpec.

Our privacy statement is designed to help you understand how we collect, store, process, use, and transfer your information when operating our website, body composition scans, nutrition consultations, and other services (collectively, "Service" or "Services").

The following are our core privacy principles:

• We collect and handle information (i) to provide, analyze and improve our Services, (ii) as we reasonably believe is permitted by laws and regulations, such as for marketing and advertising purposes, and (iii) as reasonably necessary to comply with laws and regulations, and to protect the security and safety of our company, employees, customers and others.

• We will never sell, share, lease, or rent your individual-level information (i.e. individual about a single individual's health, measurements, personal contact, or other characteristics) to any third party without your explicit consent.

• We understand and respect the sensitive nature of the information you may provide to us. To that end, we strive to be transparent in our collection, use and disclosure of this information and to ask for your explicit consent to share such sensitive information with third parties should the need arise to do so.

By using BodySpec's website and/or services, you agree to the terms set within this policy.

What information we collect:

1. Information you provide directly to us

Registration Information. When you register an account with us or purchase our Services, we collect personal information, such as your name, billing and shipping address, payment information (e.g., credit card) and contact information such as your email and phone number. We do not store credit card information.

Self-Reported Information. You provide us with additional information about yourself through surveys, intake forms, verbal conversations, consultations, or e-mail correspondence. For example, you may provide us with information about your personal and exercise dietary habits (e.g. regular workouts, following a low-carb diet) as well as any disease traits or relevant health information (e.g. thyroid disease affecting metabolism, history of back injury, high cholesterol).

User Content. Some of our Services allow you to create and post or upload content. For example, our web site offers publicly accessible blogs. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Please note that whenever you post something publicly, it may sometimes be impossible to remove the information, for example, if someone has taken a screenshot of your posting. Please exercise caution before choosing to share personal information publicly on our blogs, community forums or in any other posting. Note also that you may be required to register with a third party application to post a comment. To learn how the third party application uses your information, please review their privacy policy.

Social media features and widgets. Our Web site includes Social Media Features, such as the Facebook Like or Twitter Share button. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. They may also allow third party social media services to provide us information about you, including your name, email address, and other contact information. The data we receive is dependent upon your privacy settings with the social network. Features are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service.

Testimonials. We may post customer testimonials either on our website or in other online or offline formats. Customer testimonials may contain personal information and it is our policy to request consent from customers in advance of using testimonials. If you wish to update or delete your testimonial, you can email us at support@bodyspec.com.

Third-party services (e.g., social media). If you use a third-party site, such as Facebook or Twitter, in connection with our Services to communicate with another person (e.g., to make or post referrals or to request that we communicate with another person), then in addition to that person's name and contact information, we may also collect other information (e.g., your profile picture, network, gender, username, user ID, age range, language, country, friends lists or followers) depending on your privacy settings on the third-party site. We do not control third-party site's information practices, so please review their privacy policies and your settings on those sites carefully.

Customer service. When you contact BodySpec customer support or correspond with us about our Service, we collect information to: track and respond to your inquiry; investigate any breach of our policies or applicable laws or regulations; and analyze and improve our Services.

2. Information collected during Services

Health Information. Our DEXA scanners collect multiple data points related to your body composition, and also generate images of your body. Once collected, your data is assigned an ID number and stored on our secure, HIPAA-compliant systems. Storage of your data allows the scanner to track individual-level changes over multiple scans. During the course of offering other Services such as nutrition consultations, we may also collect relevant information about your dietary and exercise-related habits and goals that enable us to provide consultation services.

3. Information collected through tracking technology (e.g. from cookies and similar technologies)

Web Behavior Information. We and our third party partners use cookies and similar technologies (such as web beacons, tags, scripts and device identifiers) to help us improve your experience, provide security, analyze usage of our Services (such as to analyze your interactions with the various pages on our website), gather demographic information about our user base, to offer our products and services to you, and to monitor the success of marketing programs. We do not use your sensitive information, such as health information and self-reported information, for targeted advertising. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you, such as your user profile ID or order number. We do this to improve services we offer you, and to improve marketing, analytics, and site functionality.

4. Other Types of Information.

We are always working to enhance our Services with new products, applications and features that may result in the collection of new and different types of information. We will update our privacy statement, as needed.

How We Use Information

1. To provide, analyze and improve our Services

a. open your account, enable purchases and process payments, communicate with you, and implement your requests (e.g., rescheduling);

b. host our website, authenticate your visits, provide custom, personalized content and information, and track your usage of our Services;

c. conduct analytics to improve and enhance our Services;

d. offer new products or services to you, including through emails, promotions or contests;

e. implement online marketing campaigns and targeted advertising, including by utilizing third party ads (subject to your cookie settings and preferences), and to measure the effectiveness of our marketing and targeted advertising;

f. conduct surveys or polls, and obtain testimonials;

g. process and deliver your scan results, nutrition consultations, or other offered services

h. perform research & development activities, which may include, for example, conducting data analysis and research in order to develop new or improve existing products and services, and performing quality control activities.

2. Information you choose to share with others

By providing a paper printout and PDF versions of your scan results, BodySpec gives you the ability to share information with other individuals.

You may decide to disclose your personal information to friends and/or family members, doctors or other health care professionals, and/or other individuals outside of our Services, including through third-party services such as social networks. These third parties may use your personal information differently than we do under this Privacy Statement. Please make such choices carefully and review the privacy policies of all other third parties involved in the transaction. In general, personal information, once shared or disclosed, can be difficult to contain or retrieve. BodySpec will have no responsibility or liability for any consequences that may result because you have released or shared personal information with others.

3. Information we share with third parties

General service providers. We share the information described above in Section 1 with our service providers, as necessary to provide their services to us. Service providers are third parties (other companies or individuals) that help us to provide, analyze and improve our Services. For example, we work with contractors to perform your scans and provide consultations with respect to your scan results.

NOTE: Our service providers act on BodySpec's behalf. While we implement procedures and contractual terms to protect the confidentiality and security of your information, we cannot guarantee the confidentiality and security of your information due to the inherent risks associated with storing and transmitting data electronically.

"Targeted advertising" service providers. We permit third party advertising networks and providers to collect Web Behavior Information on our Service to help us to deliver targeted online advertisements ("ads") to you. They use cookies and similar technologies (such as JavaScript, beacons, device identifiers, location data, and clear gifs) to compile information about your browser's or device's visits and usage patterns on our Services and on other websites over time, which helps to better personalize ads to match your interests, and to measure the effectiveness of ad campaigns. Note that we do not share information collected during registration, personal health information, or self-reported information to these advertising partners.

If you wish to not have this information used for the purpose of serving you targeted ads, you may be able to opt-out of many advertising networks by visiting here and here. Please note this does not mean that you have opted-out of being served advertising. You will continue to receive generic ads.

Aggregated information. We may share aggregated information with third parties, which is any information that has been stripped of your Registration Information (e.g., your name, birth date, and contact information) and aggregated with information of others so that you cannot reasonably be identified as an individual ("Aggregated Information"). For example, Aggregated Information may include a statement that "20% of females aged 20 to 29 have below 24.3% body fat," without providing any data or testing results specific to any individual user. We may publicize Aggregated Information to provide informative statistics, or provide such Aggregate Information in commercial arrangements with our business partners. In contrast, BodySpec will explicitly ask for your consent to share individual-level Health Information or Self-Reported Information with any third party, other than our service providers as necessary for us to provide the Services to you.

4. Disclosures required by law

Under certain circumstances your information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders, or in coordination with regulatory authorities. BodySpec will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that BodySpec may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the BodySpec Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BodySpec, its employees, its users, its clients, and the public.

Your choices

Access to your account

If your Registration Information changes, you may access, correct or update most of it from your Edit Profile page. If the page does not enable you to correct or reset information, you may do so by contacting BodySpec customer support at support@bodyspec.com. Please note that you may not be able to delete User Content that has been shared with others through the Service and that you may not be able to delete information that has been shared with third parties, though we can work with you to prohibit your data from being shared with third parties in the future.

Marketing communications

By registering for an account, you are agreeing that we may send you promotional emails about our Services, including a newsletter with scan date calendars. You can opt out of these emails by clicking the "unsubscribe" button at the bottom of promotional email communications. Please note that you may not opt-out of receiving non-promotional messages regarding your account, such as technical notices, purchase confirmations, or Service-related emails.

Account closure

If you no longer wish to participate in our Services or no longer wish to have your personal information be used, you may close your account by sending a request to BodySpec support. When closing an account, we remove all personal health information within your account (or profile) within thirty (30) days of our receipt of your request. However, personal health information and/or self-reported information that you have previously provided cannot be removed from prior reports that used the information. In addition, we retain limited registration information related to your order history (e.g., name, contact, and transaction data) as long as your account is active or as needed to provide you services, as well as for accounting, audit and compliance purposes.

Other important information

Security measures

BodySpec takes seriously the trust you place in us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of information, BodySpec uses a range of physical, technical, and administrative measures to safeguard your personal information. In particular, all connections to and from our website and mobile application are encrypted using Secure Socket Layer (SSL) technology.

Please recognize that protecting your personal information is also your responsibility. We ask you to be responsible for safeguarding your password and other authentication information you use to access our Services. You should not disclose your authentication information to any third party and should immediately notify BodySpec of any unauthorized use of your password. BodySpec cannot secure personal information that you release on your own or that you request us to release.

Business transactions

In the event that BodySpec goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your information will likely be among the assets transferred. In such a case, your information would remain subject to the promises made in any pre-existing Privacy Statement.

Linked websites

BodySpec provides links to third-party websites operated by organizations not affiliated with BodySpec. BodySpec does not disclose your information to organizations operating such linked third-party websites. BodySpec does not review or endorse, and is not responsible for, the privacy practices of these organizations. We encourage you to read the privacy statements of each and every website that you visit. This Privacy Statement applies solely to information collected by BodySpec.

Changes to this Privacy Statement

Whenever this Privacy Statement is changed in a material way, a notice will be posted as part of this Privacy Statement for 30 days. After 30 days the changes will become effective. Your continued use of BodySpec's website and Services consistute your agreement to changes in the Privacy Statement.

Contact Information

If you have questions about this Privacy Statement, please email us at support@bodyspec.com or send a letter to:

BodySpec Attn: Chief Operating Officer 5847 Uplander Way Culver City, CA 90230