Privacy Policy

At BodyGeek, we care about your privacy.

We need to process your personal data to run our business and provide you with services allowing to buy and/or sell products on BodyGeek. By accepting our Terms and Conditions, you are confirming that you have read this policy and consent to us using your information in the ways we describe. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use BodyGeek. We are not responsible for the content or the privacy policies of any of our members, third-party websites, or third-party apps.
BodyGeek’s Terms and Conditions require all account owners or account managers to be at least 18 years of age.

By using the BodyGeek services you authorize BodyGeek to use your information in the United States and any other country where BodyGeek operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal data only to these countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections.

1. Highlights

Information Collected or Received

To use the BodyGeek services, you will need to provide a valid email address and you may be able to choose a username. Depending on the services that you choose to use, we may collect additional information, for example: information in private channels like Conversations, billing or payment information, a telephone number, and a physical address. Please note that for security and performance reasons, such content may need to be accessed by certain BodyGeek personnel from time to time. We may also collect information about your use of the services for advertising, analytics, to serve content and to protect the services, including your IP address, browser information (including referrers), and device information. Your username is publicly displayed and connected to your BodyGeek activity. Other people may see the date you joined; ratings, reviews and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies; your Favorites, followers and those you follow; sold item listings and the number of items sold; and comments you post in our community spaces.  You may connect to the services with an external application, in which case BodyGeek may receive information from that other service, as explained below. We use technologies such as cookies and log files for several purposes, including to help understand how you interact with the Site and the services, in order to provide a better experience, and for marketing and advertising. The Apps may include third-party mobile analytics services used for similar purposes.

BodyGeek and its partners use cookies or similar technologies to analyze trends, administer the services, track users’ movements around the Site, including across devices, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on the Site or through the services.

Uses and Sharing

We use the information that we gather from users in a number of ways. For example, if you purchase an item, we’ll share your shipping information with the seller; we could use your forum suggestions to improve the services; we use data analytics and work with certain third-party service providers to ensure site functionality, to improve the services, and for targeted online and offline advertising and marketing; and of course, we use your email address to communicate with you. We also partner with service providers and other third parties that collect, use, promote, and analyze information about BodyGeek account holders and visitors. BodyGeek will not sell or disclose your personal information to third parties without your consent, except as specified in our Privacy Policy.

2. Information Collected or Received

In order to use the services, you need to provide us with a valid email address, and for services that require registration, a username or alias that you can choose and that represents your identity on BodyGeek. You need to provide this information to enable us to provide you with the services. Depending on which services you choose to use, additional information, such as a shop name, billing and payment information (including billing address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. You are not required to provide us with this information to sign up, but we will need it to provide certain services. For example, we need a physical postal address if you are buying something on the site for delivery. BodyGeek may contact individual shop owners confidentially to request more information about their shops or items listed on the BodyGeek site, or to ensure compliance with our rules and applicable law. In order to use certain products or services on BodyGeek, you may be required to complete an application; information that you submit through the application processes will not be displayed publicly and will only be used internally by BodyGeek, unless otherwise specified. You can choose to provide and publicly display your full name and other personal information (such as birthday, gender, location) in connection with your account and activity. If you do not want this additional information displayed publicly, you can remove it through your account settings.

Your username, BodyGeek ID, or alias is publicly displayed and connected to your BodyGeek activity. Other people may see the date you joined, reviews, ratings, profile information, items listed for sale, shop pages, sold item listings, and comments in community spaces. BodyGeek automatically receives and records information from your browser or your mobile device when you visit the Site or use the Apps or use certain other services, such as your IP address or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the services. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the services secure, to analyze and understand how the services work for members and visitors, and to provide advertising and a more personalized experience for members and visitors.

We automatically collect device-specific information when you install, access, or use the services. This information may include information such as the hardware model, operating system information, app version, browser information, IP address, and device identifiers. When you use the Apps, you may choose to share your geo-location details with BodyGeek in order to use our location-based services (although you don’t need to share these details). You may choose to publish your location when you sell on BodyGeek. We may also determine location by using other data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, information you provide in your profile, or your IP address. We may use and store information about your location to provide features and to improve and customize the services, for example, with more relevant content, ads, and recommendations. If you have consented to the collection of your location-based information, we use that information in order to understand, customize, and improve the services, including for marketing and advertising.

Some members or visitors may choose to connect to BodyGeek or register an BodyGeek account using an external third-party application, such as Facebook, or an app developed using the BodyGeek application programming interface (the “API”). BodyGeek may receive data from those connected third-party applications. Connecting your BodyGeek account to third-party applications or services is optional. If you choose to connect your account to a third-party application, BodyGeek may receive information from that application. We may use that information as part of providing the services to you. You can also choose to share some of your activity on BodyGeek on certain social media networks which are connected to your BodyGeek account, and you can revoke your permission anytime in your account settings. BodyGeek may receive or obtain information (for example, an email address or IP address) about a person who is not yet a registered BodyGeek account holder in connection with certain BodyGeek features, such as when a non-account-holder uploads non-account-holder information using the contact uploader feature, a non-account-holder engages in a transaction, or a member sends a gift card code to a non-account-holder, or a non-account-holder uses the Guest Checkout feature when making a purchase through one of the services. Non-account-holder information is used only for the purposes disclosed when it was submitted to BodyGeek or to facilitate action authorized by the non-account-holder.

We also collect certain information from both members and non-account-holders who visit websites hosted by us. This information may include your IP address or unique device identifier, and cookies and data from the pages you visit.

3. Choice & Control

BodyGeek may send you messages about the services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings.  If you have chosen to connect your account to an external third-party application, such as Facebook, or an app developed using the API, you can change your settings and remove permission for the app by changing your account settings.  If you no longer wish to use the services or receive service-related messages, then you may close your account.

4. Messages from BodyGeek

On occasion, BodyGeek may need to contact you. Primarily, these messages are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive messages. BodyGeek may need to contact you by telephone to provide member support or for transaction-related purposes if you give us permission to call you. Additionally, and with your consent, BodyGeek may send you an SMS (or similar) message or physical mail in order to provide you with customer support.  Some messages from BodyGeek are service-related and necessary for members and Guest Checkout users. You agree that BodyGeek can send you non-marketing emails or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, and correspondence with BodyGeek’s support team.

When you register for an account, or provide us with your email address or phone number such as for a Guest Checkout purchase or to subscribe to a newsletter, you agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails through the opt-out link included in marketing emails or messages. Members may also control some marketing emails or messages through their account settings as well as through the opt-out link included in marketing emails or messages.

5. Information Uses, Sharing & Disclosure

We respect your privacy. BodyGeek will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy. We rely on three separate and overlapping bases to process your personal information lawfully. First, it’s necessary for us to process your personal information in certain ways in order to provide the services to you, in accordance with a contract between you and us, namely, our Terms and Conditions (for example, giving a seller your shipping address so that they can send you the item you purchased). Second, where you have given us valid consent to use your data in certain ways, we will rely on your consent. Third, as described in more detail below in the section titled “Legitimate Interests”, in certain cases we may process your information where necessary to further BodyGeek’s legitimate interests, where those legitimate interests are not overridden by your rights or interests.

We use your information to provide and improve the services and our products, for billing and payments, for identification and authentication, for targeted online and offline marketing, to contact members or interested parties, and for general research and aggregate reporting. For example, we may learn the sorts of products that you’re interested in from your browsing and purchasing behavior on (and off) the Site and suggest potential purchases as a result. Similarly, we or our sellers may advertise our services or our sellers’ products through a variety of different mediums. As part of this, we may work with advertising partners such as Facebook or Google.

As part of the buying and selling process, BodyGeek will facilitate the sharing of information between the two members involved in the transaction, such as the other BodyGeek member’s email address, shipping address, and payment information. By making a sale or a purchase on BodyGeek, you are directing us to share your information in this way. We expect you to respect the privacy of the member whose information you have received. As described in BodyGeek’s Terms and Conditions, you have a limited license to use that information only for BodyGeek related communications or for BodyGeek facilitated transactions. BodyGeek has not granted a license to you to use the information for unsolicited commercial messages or unauthorized transactions.

Without express consent from that person, you must not add any BodyGeek to your email or physical mailing list or otherwise use or store any member’s personal information. Please remember that you need to comply with all relevant legal rules when you use the services. This includes applicable data protection and privacy laws which govern the ways in which you can use another BodyGeek member’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to BodyGeek members you interact with and compatible with this policy and BodyGeek’s Terms and Conditions.

BodyGeek may release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of BodyGeek’s Terms and Conditions.

If BodyGeek receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, BodyGeek may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, and company name.

BodyGeek is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the services. With your consent, these businesses may offer promotions (including email promotions) or sell items or services to you through the services. BodyGeek may also provide services or sell products jointly with affiliated businesses. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction.

BodyGeek may share demographic information with business partners, but it will always be aggregated and de-personalized, so that personally-identifiable information is not revealed.

BodyGeek also needs to engage third-party companies and individuals (such as payment processors, research companies, and analytics and security providers) to help us operate and provide the services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to BodyGeek not to disclose or use your information for other purposes.

In some cases, BodyGeek may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of BodyGeek’s assets), member information is typically one of the business assets that is transferred. If BodyGeek intends to transfer information about you, BodyGeek will notify you by email or by putting a prominent notice on the Site, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.

Third-party plug-ins also may collect information about your use of the Site. For example, when you load a page on BodyGeek that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other tracking mechanisms on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you use the services, but do not allow access to personal information from BodyGeek. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. While BodyGeek provides you with access to these third-party technologies, BodyGeek does not have control over the actual functionality of these third-party technologies, and they are subject to that third party’s privacy policy and BodyGeek’s Privacy Policy.

We use non-technically necessary cookies and similar technologies only with your consent. If you prefer to prevent third parties from setting and accessing cookies on your computer, you may set your browser to block cookies. You may also opt out of the use of cookies by Google Analytics here. On an iOS or Android device, you can restrict interest-based advertising by selecting “Limit Ad Tracking” in the iOS settings or Android settings of each respective type of device. Note that while this limits interest-based advertising, it does not prevent you from receiving advertising at all.
We can speak only for ourselves; this policy does not apply to the practices of third parties that BodyGeek does not own or control or individuals that BodyGeek does not employ or manage. If you provide your information to others, different practices may apply to the use or disclosure of the information that you provide to them. BodyGeek does not control the privacy policies of third parties, including other BodyGeek. BodyGeek is not responsible for the privacy or security practices of BodyGeek members or other websites on the Internet, even those linked to or from the services. We encourage you to ask questions before you disclose your personal information to others.

6. Data Transfers

The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your data is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your data is in the US, it may be accessed by government authorities in accordance with US law.

Necessary for the performance of the contract between BodyGeek and its members

BodyGeek is a voluntary service; you can choose whether or not you want to use the services. However, if you want to use the services, you need to agree to our Terms and Conditions, which set out the contract between BodyGeek and its members. As we operate in countries worldwide (including in the US) and use technical infrastructure in the US to deliver the services to you, in accordance with the contract between us, we need to transfer your personal information to the US and to other jurisdictions as necessary to provide the services. Simply put, we can’t provide you with the services without moving your data around the world.

Consent

When signing up to use the services, you must consent to the transfer of your personal data abroad, including to the US and other jurisdictions, to provide you with the services and generally to process your information in accordance with this policy. As noted above, we simply can’t provide the services to you if you don’t consent to this.

7. Legitimate Interests

BodyGeek relies on several legitimate interests in using and sharing your personal information.  These interests include:

  • improving and customizing the services for our community;
  • understanding how the services are being used;
  • exploring and unlocking ways to develop and grow our business;
  • obtaining insights into usage patterns of the services;
  • ensuring the safety and security of the services; and
  • enhancing our members’ protection against spam, harassment, IP infringement, crime, and security risks of all kind.

8. Security

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the services.
BodyGeek encrypts certain information (such as credit card numbers) using secure socket layer technology (SSL). BodyGeek follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

9. Data Retention

BodyGeek will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your BodyGeek member account), or as needed to provide the services to you. If you no longer want BodyGeek to use your information to provide the services to you, you may close your account. BodyGeek will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, and enforce our agreements. In addition, BodyGeek sellers may also be required to retain and use your information in order to comply with their legal obligations. Please note that closing your account may not free up your email address, username, or shop name for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

10. Withdrawing Consent

You have the right to withdraw your consent to our processing of your information and your use of the services. You can do this at any time by closing your account through your account settings and then emailing info@BodyGeek.com to request that your personal information be deleted.  If you withdraw your consent to the use or sharing of your personal information for the purposes set out in this policy, you may not have access to all (or any) of the services, and we might not be able to provide you all (or any) of the services. Please note that, in certain cases, we may continue to process your information after you have withdrawn consent and requested that we delete your information, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping the services safe and secure.

11. Privacy Policy Changes

We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (1) posting the changes on or through the services or (2) sending you an email or message about the changes. We will also give you the opportunity to consent to these changes. That way you can decide whether you want to continue using the services. Changes will be effective upon the posting of the changes and your acceptance of the changes, which may be through your continued use of the services after the changes take effect.

12. Contact BodyGeek

If you have questions or suggestions about personal information you can contact BodyGeek’s Support team by sending an email to info@BodyGeek.com, or by writing to us at the following address:

BodyGeek
110 East Center Street
#2422
Madison, SD 57042
USA