Terms of Service

Last Revised February 06, 2013

The following Privacy Policy summarizes the various ways that ShapingUp.net Franchise Corporation (“we,” “our” or us) treats the information you provide while using www.ShapingUp.net (“Website”). It is our goal to bring you information that is tailored to your individual needs and, at the same time, protect your privacy.

Please read this Privacy Policy carefully. Your use of and/or registration on any aspect of the Website will constitute your agreement to this Privacy Policy. If you cannot agree with the terms and conditions of this Privacy Policy, please do not use the Website. This Privacy Policy does not cover information collected elsewhere, including, without limitation, information you provide to other sites to which you link from the Website. In addition to reviewing this Privacy Policy, please read our Agreement and Terms of Use, as your use of this Website constitutes your agreement to our terms and conditions as well.

This Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Privacy Policy.

MESSAGE TO PARENTS AND KIDS: This Website is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before making any purchases or registering on this site. If your children disclose information about themselves on this Website, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. If you’re worried about your children’s activities or their privacy on our Website, we encourage you to contact our Legal Department as described below.

1. What information does the Website collect?

We may ask you to provide us with personally identifiable information about yourself at various times and at various places on the Website, such as when you establish an online account, purchase products, services or gift cards, or contact one of our representatives through the Website. You are asked to provide information such as your e-mail address, physical address, name, phone number and credit card information, as well as information on your family members. Optional information such as demographic information or information regarding your interests or hobbies may also be requested. In addition, as part of our current and planned services, we may, at any time, include features to this Website that require you to register or otherwise provide personally identifiable information, including credit card information, or we may require registration or a membership fee to gain access to any portion of this Website. If you’ve registered on any part of the Website, please use the mechanism on the Website that allows you to change or update your preferences or information, if available, to keep all such data accurate and up-to-date.

Our servers may also automatically collect information about your computer when you visit the Website, including, without limitation, the type of browser software you use, the operating system you are running, the website that referred you, and your Internet Protocol (“IP”) address. Your IP address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your employer or your educational institution. We may also collect Website usage information that describes how our visitors use and navigate this Website, and it includes the number and frequency of visitors to each web page and the length of their stays.

2. How do we use your information?

We use personally identifying information you supply through the Website to provide you with the service or product you have requested. For example, if you request an appointment at a certain location, we may use your e-mail address or mailing address to confirm your appointment and send you special offers. Similarly, if you sign up for special promotions, we will use this information to provide such promotional information. We may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs. In the unlikely event that you decide you no longer want to receive e-mail communications from us, just click the “Unsubscribe” link that’s prominently displayed at the bottom of each e-mail, or you may contact our Legal Department as described below.

Unless otherwise specified on the Website, we may sell or share personally identifying information with our affiliates and with carefully selected companies who we think can offer you services and products of interest to you. If you do not wish to have your personally identifying information shared, e-mail us at marketing.support@shapingup.net.

We also allow access to our database by third parties that provide us with services, such as technical maintenance or chat forums, but only for the purpose of and to the extent necessary to provide those services. If you choose to purchase items through features on the Website, we may forward your information to third parties for services such as credit card processing and order fulfillment. There are also times when you provide information about yourself to us in areas of the Website that may be managed or participated in by third parties, such as our shopping cart. In such cases, the information may be used by us and by such third party(ies), each pursuant to its own policies. We may also provide your information to certain advertisers, and these companies may send ads to you that meet your needs or match your interests, including ads from us. While we will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties.

We may also provide access to our database in order to cooperate with official investigations or legal proceedings, including, for example, in response to subpoenas, search warrants, court orders, or other legal process. In addition, we reserve the right to use the information we collect about your computer, which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information, and to otherwise administer our Website.

While your personally identifying information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and strategic business partners. We may share your data with our franchise owners and area directors, our shareholders, creditors, investors, board of directors, employees, agents and representatives working on our behalf, our legal, financial and other professional advisors, third party market research companies, advertising and marketing agencies and consultants, website development companies, direct mail companies and other companies with whom we do business. However, we will not share or authorize the sharing of your credit card information to any third party unless required to process your purchase on our Website.

In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by us, our parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Website users may be among the transferred assets.

3. What are “cookies” and how does this Website use them?

You may have read about “cookies,” nuggets of information that are placed by a Website in a storage place on your own computer. We may use cookies to control the display of ads, to track usage patterns on the site and to record registration and personalization information. For example, if you register on any part of the Website and are given the option to save your user name and password on your computer, we can provide this convenience to you by placing a cookie on your computer. Our cookies may contain personally identifiable information and such cookies may be shared with our affiliates and other companies as described above.

4. Is your information secure?

We maintain physical, electronic and procedural safeguards designed to protect personal information. Our client relationship management software employs encryption technologies and user authentication procedures that are designed to keep your data secure. However, because no data transmission over the Internet is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the information you send to us or the security of our servers or databases, and by using the Website, you agree to assume all risk in connection with the information sent to us or collected by us when you use the Website. In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail (provided we have your e-mail address).