Last Updated: January 1st 2021
This Privacy Policy describes the policies and procedures of BodyArt App Inc. and any subsidiaries and affiliated entities (together, “BodyArt App”, “we” or “us”) with respect to the Services (defined in our Terms of Services) offered or made available by BodyArt App. By using or accessing the Services, or by submitting information to BodyArt App, You consent to this Privacy Policy.
For purposes of this Privacy Policy, users may be theShop Owner, the Client, an Authorized User, the Parent (collectively, the ShopOwner, Client, Authorized User, Parent are referred to as “User”, “You”,“Your”).
Any terms capitalized terms that are not defined herein this Privacy Policy are defined in the Terms of Services.
We may revise and update these Terms of Services from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Services means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.
As used in this policy, the terms "using"and "processing" information include subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally and using cookies on a computer.
BodyArt App is very concerned with safeguarding Your information and protecting the security of Your personal information. We use appropriate, industry-standard security measures and technology to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of user information covered by this Privacy Policy (excluding any such data that may be disclosed or publicly shared in accordance with this Privacy Policy). In this regard, we employ administrative, physical and electronic measures (including certain encryption technologies) designed to protect Your personal information from unauthorized access and disclosure and to safeguard Your information against loss, theft, alteration and destruction. No method of security is 100% secure. In addition, some of Your information maybe protected by passwords selected and maintained by You. Accordingly, the security of such information will depend upon the strength of Your selected password and Your ability to keep such password secured and confidential.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of Your electronically stored personal data to Your email or in writing in an expedient manner and without unreasonable delay, insofar as these are consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
We collect, receive, generate and store the following types of information:
We receive, collect, generate and store certain types of information whenever you use the Services or otherwise interact with us. We may do this directly or through third party tools, services, stores, accounts or hosting platforms involved with or connected to the Services (including without limitation analytics tools and ad serving technologies). See Cookie Policy for more information. For example, we and our third party service providers may automatically record Your use of and activity on the Services (such as amount, type and manner of use and interaction; time and date of Your activities; type and amount of User Data submitted to the Services and other metrics).
We and our service providers may also collect information about Your mobile device or computer on which You use the Services, such as Your unique device identifiers, device type, model and version, Apple ID or Android, coarse location, fine location, GPS coordinates, source and status of network connection, internet service provider, IP address, browser type, operating system or other software used, page views, domains and similar information.
Also, we may automatically send and receive information to and from Your device or computer in connection with Your use of the Services. Like many websites and online applications and services, we may also use "cookies" (see below), log files, web beacon technologies and other automated tools to obtain certain types of information when Your web browser or other application accesses our Services.
BodyArt App may use the information submitted, collected, received or generated from or about all Users of the Services for any of the following purposes:
BodyArt App does not rent, sell or publicize Your personal information or personally identified health information without Your prior consent. Use of personal health information is further subject to the restrictions described in more detail below.
Information provided by our Users is an important part of our business. BodyArt App will share and disclose information submitted, collected, received or generated from and/or about You only as compatible with the purposes described above (except for certain personal health information which shall be kept confidential as described below), when we have Your consent(as may be provided by you from time to time through the Services or otherwise), and as described in this section as follows:
We are required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of PHI we store and process on behalf of such providers. We are also subject to laws and regulations governing the use and disclosure of certain PHI.
You may also send us an email at contact@bodyart.app request access to, correct or delete any personal information that You have provided to us. We cannot delete Your personal information except by also deleting Your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If You would like us to delete Your personal information in our system, please contact us at contact@bodyart.app and we will accommodate Your request (but will not do so if we have any legal obligation to retain the record). In such cases, we ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests. If BodyArt App is unable to destroy or delete the information due to legal obligations or because it is not feasible or because it is unduly burdensome or impractical or would jeopardize the privacy of others or the integrity of the Services, BodyArt App is not obligated to do so, but BodyArt App shall provide a written response stating the reason(s) it cannot fulfill the request. Because of the way we maintain certain Services, after You delete Your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems. We are not responsible for updating, correcting or removing any of Your information disclosed to or held by third parties.
Please be aware BodyArt App is under no obligation to maintain and store any of Your information (including any personal information or User Data) or otherwise to maintain and operate the Services. BodyArt App reserves the right to cease or modify operation of the Services at any time – in such case, Your information (including any personal information and User Data) may no longer be available. If You desire to maintain access to any such information, You are encouraged to keep a backup of such information in other locations.
Like many services, websites or applications, we may use "cookies", pixel tags, locally shared objects, web beacons or similar technologies to collect information. A cookie is a small data file that we transfer to Your computer's or device’s memory for record-keeping purposes. Please see our Cookie Policy for more information. We may use cookies or such other technologies to improve the quality of the Services, including for storing user preferences and tracking user trends and for any of the other purposes permitted in this Privacy Policy. We may utilize persistent cookies to save Your registration/member ID and login password for future logins to the Services. We may utilize session ID cookies to enable certain features of the Services, to better understand how You interact with the Services and to monitor aggregate usage by BodyArt App users and traffic routing on the Services. Unlike persistent cookies, session cookies are usually deleted from Your computer or device when You log off from the Services and then close Your browser or application. Third party advertisers on the Services may also place or read cookies on Your browser or within the Services or other application.
Log file information may be automatically reported by Your browser or device application each time You access a web page, app or other electronic location. When You use the Services, our servers may record certain information that Your web browser, the Services or other application sends whenever You utilize the Services, visit any website or utilize any other services or applications.
If You are a California resident, California law may provide You with additional rights regarding our use of Your personal information. To learn more about Your California privacy rights, reference BodyArt App Privacy Policy For California Residents, below.
Our Services are hosted in the United States. If You use the Services from the European Union, Asia or any other country outside the United States with laws or regulations governing personal data collection, use and disclosure that differ from the United States laws and regulations, please be advised that through Your continued use of the Services, You are transferring Your information to the United States and You consent to that transfer. Your information may be transferred to - and maintained on - computers located outside of Your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in Your jurisdiction. If You are located outside the United States and choose to provide information to us or use the Services, BodyArt App transfers personal information to the United States and processes it there, and Your submission of such information represents Your consent and agreement to that transfer. We ensure Your personal data is protected by requiring all our group companies to follow the same rules when processing Your personal data. These rules are called "model contract clauses rules". Please contact us if You want further information on the specific mechanism used by us when transferring Your personal data out of the EEA.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for [six] years after they cease being customers for tax purposes.
In some circumstances we will anonymize Your personal data (so that it can no longer be associated with You) for research or statistical purposes, in which case we may use this information indefinitely without further notice to You.
In the event that You do not use the App for a period of 7 Years then we will treat the account as expired and Your personal data may be deleted.
Under certain circumstances You have the following rights under data protection laws in relation to Your personal data.
You have the right to:
You can exercise any of these rights at any time by contacting us at contact@bodyart.app
In order to use our Services You must represent and warrant that You are over the age of 18 before using, downloading or accessing the Services. Children under the age of 18 are not eligible to use the Services and must not attempt to download the Services, register with BodyArt App and/or submit any personal information to us without the consent and at the direction of a Parent. We do not knowingly collect personal information from any person who is under the age of 18 or allow them to register without Parent consent. I fit comes to our attention that we have collected personal data from a person under the age of 18, we will delete this information as quickly as possible.
Without limiting the generality of the foregoing, our Services do allow users above the age of 18 years old – such as care providers, parents and guardians – to submit personal information about others, including minors. Such Users assume full responsibility over their submission, use and transmission of such information.
Our Services may contain links to, interoperate with, and allow You to share content to and from third party services, websites and applications. The fact that we link to a website, service or application or allow You to share content through these third parties is not an endorsement, authorization or representation that we are affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices. Other websites, services and applications follow different rules regarding the collection, use, storage or disclosure of the personal and other information. The use, storage and disclosure of such information by these third parties is subject to their own privacy policies and BodyArt App has no responsibility or liability for such third parties’ acts or omissions, or the information provided to them.
If You have any questions or comments about this PrivacyPolicy, the ways in which BodyArt App collects and uses Your information described here and in the Privacy Policy, Your choices and rights regarding such use, or wish to exercise Your rights under California law, please do not hesitate to contact us at:
Email: contact@bodyart.app
Postal Address:
BodyArt App, Inc.
Attn: Data Privacy Officer
170 CaliforniaAve., No 1681
Oakdale, CA 95361 United States
If You need to access this Privacy Notice in an alternative format due to having a disability, please contact us at contact@bodyart.app
This Privacy Policy for California Residents supplements the information contained in BodyArt App's Privacy Policy and applies solely to all visitors, users, and others who reside in theState of California ("consumers" or "you").We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.
Where noted in this Policy, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some its requirements.
Our Site collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:
In particular, our Site has not collected the following categories of personal information from consumers within the last twelve (12)months:
Category
Examples
Collected
A. Identifiers
A real name, alias, postal address, unique personal identifier, online identifier,Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
NO
B. Personal information categories listed in the California CustomerRecords statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, physical characteristics or description, address, telephone number, passport number, driver's license, bank account number, credit card number, debit card number, or any other financial information, medical information, or health information.
Some personal information included in this category may overlap with other categories.
NO
C. Protected classification characteristics under California or federal law.
None.
NO
D. Commercial information.
Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
NO
E. Biometric information.
Fingerprints and faceprints.
NO
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
NO
G. Geolocation data.
Physical location or movements.
NO
H. Sensory data.
None.
NO
I. Professional or employment-related information.
None.
NO
J. Non-public education information (per the Family Educational Rightsand Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
None.
NO
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
NO
Our Site obtains the categories of personal information listed above from the following categories of sources:
We may use, or disclose the personal information we collect for one or more of the following purposes:
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, BodyArt App has not disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.
We do not sell personal information. We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales. In the preceding twelve (12) months, BodyArt App has not sold the following categories of personal information to the categories of third parties indicated in the chart below. For more on your personal information sale rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Personal Information Category
Category of Third-Party Recipients
Business Purpose Disclosures
Sales
A. Identifiers.
YES
NO
B. California Customer Records personal information categories.
YES
NO
C. Protected classification characteristics under California or federal law.
NO
NO
D. Commercial information.
YES
NO
E. Biometric information.
YES
NO
F. Internet or other similar network activity.
YES
NO
G. Geolocation data.
YES
NO
H. Sensory data.
NO
NO
I. Professional or employment-related information.
NO
NO
J. Non-public education information.
NO
NO
K. Inferences drawn from other personal information.
NO
NO
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
We do not provide these deletion rights for Users that provide B2B personal information.
To exercise your rights to know or delete described above, please submit a request by emailing us at contact@bodyart.app.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.
You may also make a request to know or delete on behalf of your child by emailing us at contact@bodyart.app.
You may only submit a request to know twice within a 12-month period. Your request to know or delete must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in the request to verify the requestor's identity or authority to make it.
For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us at contact@bodyart.app.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
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.
If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). However, we do not sell the personal information of consumers we actually know are less than 18 years old, unless we receive affirmative authorization (the "right to opt-in") from the parent or guardian of a consumer less than 18 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing contact@bodyart.app.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.However, you may change your mind and opt back into personal information sales at any time by emailing contact@bodyart.app.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
California's "Shine the Light" law (Civil CodeSection § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@bodyart.app or write us at: BodyArt App, Inc., Attn: Data Privacy Officer, 170 California Ave, No. 1682, Oakdale, CA 95361.
Our privacy practices are intended to comply with applicable privacy laws, and we will maintain the privacy and security of your Information as required by applicable privacy laws. Your Personal Health Information will be stored on servers physically located in Canada (but may be temporarily viewed, accessed, used or transferred outside of Canada as necessary for installing, implementing, maintaining, repairing, trouble shooting or upgrading the Platform). Personal Information (but not Personal Health Information) may be stored outside of Canada.
We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Site and update the notice's effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which BodyArt App collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights underCalifornia law, please do not hesitate to contact us at:
Email: contact@bodyart.app
Postal Address:
BodyArt App,Inc.
Attn: Data Privacy Officer
5424 Sunol Blvd. Ste 10 PMB 1149
Pleasanton, CA 94566-7705 United States
If You need to access this Privacy Notice in an alternative format due to having a disability, please contact us at contact@bodyart.app