TERMS OF USE – BODS
June 14, 2021
Please review these Terms of Use carefully as it contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.
This Terms of Use is a legal agreement (referred to herein as the “Agreement”) between you and BODS (referred to as “BODS”, “us”, “we”, or “our”) for accessing our website, our widget, and our mobile application (collectively “the Sites”).
This Agreement is comprised of:
- The present Terms of Use;
- Our Privacy Policy;
- Our Cookie Policy;
This Agreement is subject to change from time to time. We display an “Effective Date” at the top of this Agreement so that it is easier for you to know when there has been a change. You should visit this web page periodically to review this Agreement that governs your use of our Sites.
1. Summary of the Terms of use in plain English
- By using our Site, widget or mobile application, you agree to be bound by the present terms of use as well as by our privacy policy and Our Cookie Policy;
- You will not infringe or violate the rights of third-parties, or make commercial use of the content of our Sites;
- If we link to a third-party website, you should read their privacy policies and terms of use: those third-party websites are not governed by the present Terms of use;
- You will not interfere or attempt to interfere with the proper working of the Sites; if this website is unavailable for any reasons, we will not be liable to you;
- If you detect any privacy or security vulnerability, do not report it to anyone else than Bods;
- You acknowledge that Bods owns all the right to the intellectual property on this website and that you have only a limited right to use its content;
- If a part of these Terms of use is held to be invalid or unenforceable for any reasons, it will not affect the rest of the provisions;
- This Agreement will commence on the date you access the Sites and continues until terminated: we may however retain your personal information as long as we are required to retain it, in accordance with our Privacy policy;
- You agree to be bound by the laws of the United States, with respect to your use of the website and you agree that any court proceedings relating to your use of the website will take place exclusively in the courts of California.
2. Acceptance of the Agreement
By using our Sites, you agree to the terms and conditions, without modification, outlined in this Agreement. You agree to use the Sites in compliance with this Agreement and all applicable local, state, national and international laws, rules and regulations. You affirm that you are of legal age to enter into this agreement, and you accept and are bound by this Agreement. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to this Agreement.
You may not use our Sites if you do not agree with the terms and conditions outlined in this Agreement.
This Agreement constitutes the entire and only agreement between us and you, and supersedes any prior agreements, representations, warranties and understandings with respect to the Sites. By agreeing, we grant to you a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Sites in accordance with this Agreement, and not for resale or to provide services to third parties.
3. Use of the Sites
When using the Sites, you further agree that you will not:
- Resell or make commercial use of the Sites;
- Use the Sites in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
- Send false or misleading information via the Sites;
- Use the Sites to advertise to or solicit any user;
- Reproduce, publish, modify, distribute, transfer, sell any content on the Sites;
- Use tools or other methods to extract, mine or gather data from the Sites;
- Other than for your use of the Sites and as expressly permitted in this Agreement, access or attempt to access any systems or servers hosting the Sites contemplated under this Agreement or modify or alter the Sites in any way.
If we believe that there is a violation of the Agreement in your use of the Sites that can simply be remedied by you, whether that is the removal of information or certain actions, we may ask you to take direct action rather than intervene. However, we may be required to also engage in the situation and determine the appropriate action to be taken.
If you are unable to act in accordance with our requested actions and we believe you are a credible risk of harm to us, other users, or third parties, we may be required to terminate permission or license granted by this Agreement, which will ban you from using the Sites and purchasing products or services.
4. Links to third party websites
When our Sites contain links to other websites, those websites are not governed by this Agreement. Whether we have posted those links or other organizations or individuals have, you should read their Privacy Policies and Terms of Use and make an informed decision about whether you want to use those websites or their services.
5. Linking to our Sites
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the homepage. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms of Use.
6. System integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites. You may not take any action, which imposes an unreasonable or disproportionately large load our infrastructure. When using the Sites, the communication of data may be transmitted over networks in which we cannot guarantee secure or reliable data transmission. As such, we assume no responsibility for the delay, failure, interruption or corruption of any data or other information transmitted in connection with the Sites.
From time to time, the Sites may be unavailable for reasons within our control such as system maintenance or reasons outside of our control. When this occurs, we are not liable to you or other users for any interruptions in the use of our Sites.
7. Protection of privacy and security
To review how we collect, use or disclose your personal information, you may refer to our Privacy Policy and Cookie Policy. As outlined in our Privacy Policy, protection of your personal information is a top priority for us. As such, we will maintain administrative, technical and physical safeguards at a level no less protective than those described in our Privacy Policy.
In order to maintain the privacy and security of the Sites, you must not disclose any security or privacy vulnerabilities to any person except to BODS. Immediately upon discovering any issues that may be pose a threat to the privacy and security of the Sites or data stored within the Sites, you must notify us at [email protected]
8. Intellectual property and ownership
BODS exclusively owns and retains all right, title and interest on all content that we have produced, including software, materials, formats, interfaces, information, text, data, graphics, images, video, logos, icons, audio, content, computer code, proprietary and confidential information, and technology used by us or provided to you in connection with the Sites. This intellectual property is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The BODS logo, other BODS logos and product and service names are or may be registered or unregistered trademarks of BODS, and are protected under applicable copyrights, trademarks and proprietary laws in the United States.
Images, audio files and videos on our Sites must not be altered or digitally enhanced. Any other use or alteration of the material is strictly prohibited without our prior written permission. BODS will have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Sites any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Sites.
9. Account and password
When using our Sites, you must create an account by providing an email address and creating a password. You are solely responsible for maintaining the secrecy of your account password.
Your account is for your own use only. You may not authorize others to use your account or transfer your account to any other person. You agree that BODS is not responsible for another party’s access to your account that results from misappropriation of your log-in details. You agree that you will notify BODS promptly of any unauthorized access or use of your account by contacting us at [email protected]
10. Limitation of liability and disclaimer of warranty
To the extent permitted by applicable law, BODS shall not be liable to you or to any other party under any circumstances for any loss, damage or liability of any kind arising out of or relating to your access or use, inability to use or reliance upon the sites and app, its services or any related matter, including, but not limited to, monetary, physical, or psychological harm, under any theory, regardless of any fault or wrongdoing by or on behalf of BODS and each of its affiliates and subsidiaries, licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors and representatives, jointly and severally.
You assume all risk when using the Sites that could risk in any of the following damages but not limited to direct, indirect, special, consequential, incidental or punitive damages.
BODS makes no representations and disclaims all expressed and implied warranties and conditions of any kind, including without limitation, representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability or fitness for any particular purpose. BODS assumes no responsibility to the user or any third party for the consequences of any errors or faults in the Sites.
This limitation of liability is applicable when other remedies are not available, where you are not adequately compensated for the loss, damage or liability, and if BODS knew or should have known of the possibility of any loss, damage or liability of any kind occurring.
11. Indemnity and release
You agree to indemnify, defend and hold us and our affiliates and subsidiaries, licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, distributors and representatives harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Sites.
12. Severability and waiver
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason, it will not affect or make the remaining provisions in the Agreement unenforceable or invalid to the extent permitted by law.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
13. Term and termination
This Agreement will commence on the date you access the Sites and continues until terminated in accordance with the provisions of this Agreement. You may cease using the Sites at any time. BODS may cease providing you the Sites at any time without notice. BODS may terminate this Agreement immediately, and at any time, if you violate your obligations under this Agreement.
Upon the termination of this Agreement for any reason, (a) the license granted to BODS in respect of the Personal Information you have provided to BODS will survive for so long as BODS is required by law to retain such information; (b) BODS will no longer provide and you will no longer use the Sites; and (c) BODS will be entitled to retain and use your Personal Information in accordance with the terms of this Agreement, and subject always to Applicable Laws.
14. Language
This Agreement and all related notices and other documents will be written in the English language. Subject to applicable law, any non-English translation of this Agreement provided by us will be upon request only and for your convenience. Should there is a conflict or inconsistency between the English version and a non-English version then the English version will take priority and govern.
15. Governing law, jurisdiction, dispute resolution
The terms of this Agreement are governed by the laws of the United States (including Federal Arbitration Law). All disputes arising out of or related to this Agreement or any relationship between you and BODS will be resolved through the courts of California.
16. Contacting Bods
Please feel free to contact us if you have any questions or additional comments regarding this Agreement. You may contact us at or at [email protected]
PRIVACY POLICY
Introduction
While you use our website, mobile applications and widget, we are processing your personal data. You therefore have the right to know what we do with it, how long we retain it, and with whom we share it. This is the main purpose of the present Privacy Policy.
“Personal data” is any data that can be used to identify you directly or indirectly (e.g., your identity data, bank statements, device identifier, location, your political opinion, biometric data, credit card details, browsing activity, IP address).
In this Privacy Policy, we will tell you:
- Who we are;
- What personal data we collect from you and how we collect it;
- What purpose we are processing it for;
- Our legal justifications for collecting your personal data;
- How long we store it for;
- Whether there are other recipients of your personal information;
- What are your rights; and
- What happens if we make changes to this Privacy Policy.
Guiding principles:
- We only process the data that is strictly necessary with regard to its purpose;
- You remain in control of your personal data; and
- Your data is processed in a transparent, confidential and secure manner.
1. Who are we and how can you contact us if you have any concern?
We are the “data controller” of your personal data, (i.e., the organization that is responsible for ensuring that your personal data is processed in compliance with applicable regulations). Our contact details are as follows: Bods, Inc. 15 Hurricane St, Apt 3 Marina Del Rey, CA 90292. [email protected]
If you have any concerns, questions or if you would like to exercise any of your rights with respect to your personal data, you may contact Christine Marzano.
2. What data do we collect and how do we collect it?
We collect your personal data through a variety of methods: either you provide it to us directly, or we collect it by using automated means.
2.1 The data you provide us directly
In short: During our interactions with you, you may be asked to provide us with information that relates to you. For example, we collect this personal information when you use our widget on our partner’s website or when you open an account.
In detail: The personal data that you provide to us directly are the following:
- Username and encrypted password used to identify you on our website, mobile application or widget;
- Your body measurements;
- The pictures that you upload; and
- Information relating to your commercial relationship with us;
2.2 The data we collect automatically when you use our services
In short: During each of your visits to our sites and mobile applications, we collect information about your connection and your browsing activity.
In detail: We use different technologies to collect your personal data, for example through cookies. To find out more about what a cookie is and how we use it, you can refer to our cookie policy.
3. For what purposes do we use your data?
In short: We must have a pre-defined objective to collect your personal data. These pre-defined objectives include the generation of your avatar, or the sending of marketing and communications.
In detail: We process your personal data for the following purposes:
- To take into account your subscription to our services;
- To authenticate you on our widget, mobile application or website;
- To generate your avatar and to help you trying on garments and create ensembles; and to
- To send you information relating to our latest activities;
- To send you marketing, advertising and promotional offers relating to our products and services by e-mail;
- To share your personal information with our partners so that they may contact you with offers they think might be of interest to you;
- To manage the exercise of your rights over your personal data; and
- To comply with our legal obligations (for example to maintain records for tax purposes).
4. On what basis do we collect your data?
In short: We must have a valid reason to use your data. One of the reasons we need to collect your personal data is that it is necessary for us to perform our contract with you.
Another reason is the fact that we have a legitimate interest that justify the processing, or that we have a legal obligation to process the data. In all other cases, we will process your personal data because we have your consent.
In detail:
- For some processing activities, we require your prior consent
When we ask for your prior consent, you will always be prompted to take a clear, affirmative action so that we can ensure that you agree with the processing of your personal data. This action may, for example, take the form of a checkbox.
Before obtaining your consent, we will systematically inform you of the purposes of the processing, and you can choose to consent to certain uses that we will make of your data and to refuse others.
If you have given us your consent, you may always change your mind, and withdraw your consent at any time and easily; all you need to do is to send us an email at the following address [email protected] or click on the "unsubscribe link" at the bottom of our marketing e-mail communications.
If you refuse to give us your consent, or decide to withdraw it, you will not suffer any negative consequences and will be able to continue to use the rest of our service normally. However, some functionality or features may be limited.
For example, we will ask for your consent when you create an account on our sites or applications to receive e-mail marketing communications from us or from our partners.
- When we justify our processing operations on the basis of a contract that we have with you
Certain processing of your personal data is necessary so that we can perform the service you have asked us to perform.
We justify our processing on our contract with you to process all the personal data that is necessary to open an account with BODS, to generate your avatar, and to help you try different garments on our partners’ website.
- Processing operations that are necessary to meet our legitimate interests
Legitimate interest is a set of commercial or business reasons that justify that we process personal data about you.
Our legitimate interests are for example to ensure the security of our systems, to detect any potential fraud, or to comply with our local legal obligations.
We will use legitimate interest only when we have carried out an assessment on the impact that this processing may have on you, and concluded that the processing does not unduly infringe your rights and freedoms. For example, we do not use this justification when the processing would be unexpected for you, or if we consider it to be too intrusive.
5. How long do we keep your data?
In short: We will not retain your personal data indefinitely. Our retention periods vary depending on whether we have an ongoing contractual relationship (you are an active customer), or whether we have had a contractual relationship with you in the past (you are an inactive customer) or whether we never have had such a relationship with you (you are a prospective customer).
In detail: When their retention is no longer justified by legal, commercial or customer account management requirements, or if you have made use of a right of modification or erasure, we will delete your personal data securely.
We will retain the personal data we collect from you:
- For one year after your last visit on our website(s);
- For 3 years after our last contact with you if you are a prospect; and
- For 3 years after you have closed your account with BODS.section
6. Who is likely to have access to the data we collect?
6.1 Disclosure to employees within our organization
In short: We only disclose your personal data to a limited number of individuals within our organization.
In detail: The following individuals within our organization may have access to some of your data: customer services, IT and marketing & sales.
Access to your data is based on individual and limited access permissions. Staff who can access personal data are subject to an obligation of confidentiality and are trained in the protection of privacy.
6.2 Disclosure of personal data outside of our organization
In short: We disclose your personal data to external organizations or authorities. We will always ensure that such disclosure allows you to benefit from the same level of protection that is granted to you by this Privacy Policy.
In detail: The following may have access to some of your data
- Our processors (organizations that process your personal data on our behalf)
These processors have access to your personal data in particular for hosting your personal information, managing your subscription, and facilitating our e-commerce operations.
The disclosure of your personal data to our processor is made on the basis of signed contracts that are binding and that mention their obligations in terms of data protection, data security and confidentiality.
- Police authorities, judicial or administrative authorities
We may disclose your personal data when we are required or authorized by law to cooperate with local, national or international law enforcement or other authorities for the reporting and/or investigation of improper or unlawful activities, or if we need to comply with court orders.
7. What are your rights?
7.1 Your rights under the GDPR
In short: You have the right to ask us what data we process about you, and ask us to correct it, erase it, restrict it, and ask us to transfer your personal data to another controller in certain circumstances at the following address: [email protected]
In detail: You have the right to access your personal data and request that it be rectified, supplemented or updated. You can also request the erasure of your data, to restrict our processing, or object to our processing, provided you can justify a legitimate reason.
You can ask to exercise your right to the portability of your data, that is to say the right to receive the personal data that you have provided to us in a structured, commonly used format and the right to transmit this data to another data controller.
You can exercise your rights by contacting us at the following address:
Before responding to your request, we will verify your identity and / or ask you to provide us with more information to respond to your request, if we have any doubts about your identity. We will do our best to respond to your request within one month, unless your request is particularly complex (for example if your request concerns a large amount of sensitive data). In such a case, we will inform you of the need to extend this response time by two additional months.
7.2 Your rights to lodge a complaint
If you think that we are doing something wrong, you can complain to us about it, by contacting us. In the event of an unsatisfactory response, you can lodge a complaint to the data protection authority of your country of residence.
8. What happens if we make changes to this Privacy Policy?
In short: We may update this Policy to reflect changes to our information practices but we will not reduce your rights under this Privacy Policy.
We will post any changes to this page and, if the changes are significant, we will provide a more prominent notice. We will also keep prior versions of this Privacy Policy in an archive for your review. We encourage you to periodically review our Privacy Policy for the latest information on our privacy practices and to contact us if you have any questions or concerns.