Notice to individuals in the EU and Switzerland where Size Stream is the controller of your data: Personal Information you provide to Size Stream will be transferred to the United States for processing. By providing your Personal Information to Size Stream, you consent to this transfer. You should be aware that the European Union has not determined that the United States provides an adequate level of protection for Personal Information. Although Size Stream has committed to abiding by the privacy principles described by the General Data Protection Regulation and has specified methods under which you may enforce your rights, the laws of the United States may not respect such principles. You may withdraw your consent at any time by emailing us at firstname.lastname@example.org.
Size Stream is committed to protecting the privacy of personal information that it processes.
In all other cases, Size Stream is acting as the “controller” of personal information (such as when we collect information from users of our mobile apps that are provided to the general public).
NOTICE OF INFORMATION COLLECTED AND USED
We will inform you when we need information that personally identifies you or allows us to contact you or provide you with the Services. Generally, this information is requested when you register for or use our Services, or when you fill out our contact form on our Public Site requesting additional information about our Services. Personal information collected during registration or when you request information from us may include, without limitation, your name and email address.
For certain Services, you will be requested to undergo a 3D body scan which uses infrared sensors, and/or other technologies to map out the shape and contours of your body (“body data”). If you use our mobile apps to conduct a 3D body scan, then we may also collect personal information about you in the form of photographs taken by the mobile app and process those photographs to create the body data. We may also request additional information about you, including your gender. The body data and other data relating to you may be processed for the purpose of supplying goods or services to you, keeping proper records of those transactions and assisting us in the development, debugging and testing of our mobile app and our Services. The legal basis for this processing is the performance of a contract between you and us (or between you and one of our Customers), taking steps (at your request) to enter into such a contract and/or your specific consent to use such information for these purposes.
When performing Services for Customers where Size Stream is the processor, Size Stream may receive body data without any other personally identifying information. In these cases, Size Stream has no ability to identify the individual associated with the body data. Size Stream may use pixel tags, web beacons, and other similar technologies to record information about how individuals access our Services. This information is typically not personally identifiable and may include internet protocol (IP) addresses (or the DNS name associated with it) of the individual's computer, the web site from which the individual linked to our Services, and the browser software the individual is using to access our Services. This information is used in the aggregate to administer computer systems and to make improvements to our Services.
If you supply any other person's personal data to Size Stream, you must do so only if you have the authority of such person to do so and you must comply with any obligations imposed upon you under applicable laws and regulations.
If you contact our technical support team for questions about our Services, Size Stream will obtain information about you in order to confirm that you are a lawful user of our Services with a right to receive support, and in order to provide the requested support
If/when registration for our Services is available, you may choose not to register or provide personal information. You can still use the Public Site. But you will not be able to access Services that require registration.
If/when registration is available, you may register to select the kinds of information you want to receive from us by subscribing to various services and communications.
WHAT WE DO WITH THE INFORMATION YOU SHARE
We will use and disclose your personal information to provide the Services, which may include delivery of body data and other personal information to a supplier of clothing or other products, or to a gym or fitness trainer, or other Customers, as requested by you through the Services, or as part of fulfilling Services to Customers with whom you have a relationship. In such cases, we will exclude any photographs created by our mobile apps from the body data provided to the Business Customers unless you specifically direct us to provide such information. This also includes handling customer support and other direct contact requests.
We may provide your personal information to Customers when providing Services for those Customers to fulfill our contractual obligations.
We may provide personal information to companies that assist us in providing Services, such as a hosting provider or a customer service provider. These companies are authorized to use your personal information only as necessary to provide these Services and to assist with supporting our users.
We may share your personal information in response to subpoenas, court orders, and other legal processes or governmental requests, or to establish or exercise our legal rights or defend against legal claims.
We may use and share aggregated, statistical data for our general business and marketing purposes.
Subject to your right to opt-out of marketing messages, we may provide information to you about additional Size Stream or Size Stream business partner products that we believe may be of interest to you. However, we will not use your body data that was gathered for health or fitness purposes in deciding whether to send you marketing messages or to determine the content of any marketing messages that we do send you.
YOUR RIGHTS RELATING TO YOUR INFORMATION
You have certain rights relating to your personal information, subject to applicable laws. Depending on the applicable laws and, in particular, if you are located in the European Economic Area, these rights may include:
To access your personal information held by us (right to access)
To rectify inaccurate personal information and, taking into account the purpose of processing the personal information, ensure it is complete (right to rectification)
To erase/delete your personal information, to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten). In some instances, we may not be able to delete some or all your information in order to comply with applicable laws. We may retain de-identified data.
To restrict our processing of your personal information, to the extent permitted by law (right to restriction of processing).
To transfer your personal information to another controller, to the extent possible (right to data portability)
To object to any processing of your personal information carried out on the basis of our legitimate interests (right to object). Where we process your personal information for direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection.
Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”). Automated Decision-Making currently does not take place through our Services.
To the extent we base the collection, processing, and sharing of your personal information on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
To exercise your rights, please contact us using the information in the Contact Information section of this policy. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request.
As described above, we may also process personal information for a Customer in the role of a processor. If your data has been submitted to us by or obtained by us on behalf of a Customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable Customer directly, as they are the “controller” of the personal information. Because we may only access data upon instruction from that Customer, if you wish to make your request directly to us, please provide us with the name of the Customer who submitted your data to us. We will refer your request to that Customer and will support them as needed in responding to your request within a reasonable timeframe.
ONWARD TRANSFER OF INFORMATION
Size Stream adheres to the principles of the EU-United States and Swiss-United States Privacy Shield frameworks but does not rely on these Privacy Shield frameworks as a legal basis for transfers of personal data in light of the judgment of the Court of Justice of the EU in Case C-311/18.
Size Stream takes reasonable technical, administrative and physical measures to protect the security of your personal information from unauthorized use, disclosure and alteration.
Size Stream provides information and training to all employees who have access to personally identifiable data maintained by Size Stream, and Size Stream employees are responsible for the internal security of such information.
Size Stream will not process personal information in any way that is incompatible or inconsistent with the purpose for which such information was collected.
You also have a significant role in protecting your information. No one can see or edit your personal information associated with your account without knowing your user name and password, so do not share these with others.
Size Stream does not knowingly collect or maintain information acquired through the Public Site from persons under 13 years of age, and no part of the Public Site is directed to persons under 13 years of age. Any user under 13 years of age should not use or access the Public Site at any time or in any manner. If Size Stream learns that personally identifiable information of persons less than 13 years of age has been collected from our website without verified parental consent, then Size Stream will take the appropriate steps to delete this information.
Size Stream, LLC
Cary, NC 27511
Size Stream will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. Size Stream has a policy of responding to individuals within 60 days of an inquiry or complaint.
NOTICE CONCERNING DO NOT TRACK
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. You may contact us regarding your choices related to our processing of your personal information. However, we do not currently recognize or respond to browser-initiated DNT signals.
MERGER, SALE, OR BANKRUPTCY
If all or part of Size Stream is acquired by or merged with a third-party entity, Size Stream may transfer or assign the personal information held by Size Stream as part of such merger, acquisition, or other change of control. In the unlikely event of Size Stream's bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, Size Stream may not be able to control how personal information is treated, transferred, or used.
Size Stream, LLC
223 Commonwealth Ct.
Cary, NC 27511
Phone: (919) 650-2525
Last Updated: May 17, 2021