Privacy Policy
We respect your
privacy and are committed to protecting it as described in this privacy policy.
We use a variety of current technologies and processes designed to secure your
information. And you can unsubscribe from our email and postal mailing lists at
any time.
MTailor provides a
service that uses proprietary technology to bring you fitted products based on
your exact size. We are operated by Bit Body, Inc.
(Bit Body) and throughout this Privacy Policy we will use MTailor, us or
we to refer to Bit Body and its affiliated entities and services
collectively. Capitalized terms that are not defined in this Privacy Policy
have the meaning given them in our Terms and Conditions.
This Privacy Policy explains how information about you is collected, used and
disclosed by MTailor when you purchase, download, install, register with,
access or use our websites, mobile applications and other online products and
services (collectively, the "Services") or when you otherwise
interact with us.
Please read this
policy carefully to understand our policies and practices regarding your
information and how we will treat it. If you do not agree with our policies and practices,
your choice is not to use our Services. By accessing or using any of our
Services, you agree to this privacy policy.
Collection of Information
We collect personal information directly from you. We receive and store information you enter on our Services, when you call or email or communicate with us through social media (Twitter, Facebook, et al.), or participate in events or other promotions. Part of our Services involves collecting, storing, processing and otherwise using images or videos of your body in order to calculate various measurements relating to certain features of your body. You provide the images or videos of your body that we use when you take your photographs or videos as requested and described within our Services; you control how and when the photographs or videos are taken. You agree that any photograph or video you provide shall not be pornographic, lewd or otherwise likely offensive to members of MTailor and we reserve the right to refuse access to our Services to any user who provides such photographs or videos. We automatically delete photographs and videos related to measurements once they are processed. Please see the next section for more information.
Examples
of personal information that we collect include sizing information, body
portfolio image, name, email address, credit card number, purchase and order
information, personal preferences, and responses to survey information.
Usage
and Log Information: When you use our Services, we collection and log
information about your use of our Services, including your browser type and
language, access times, pages viewed, your IP address and location.
Device
Information: We may collect information about the computer or device you use to
access our Services, including the hardware model, operating system and
version, MAC address, unique device identifier, phone number, International
Mobile Equipment Identity ("IMEI") and mobile network information. In
addition, the Services may access your device's native phonebook, with your
consent, to facilitate your use of certain features of the Services.
Information
Collected by Cookies and Other Tracking Technologies: We use various
technologies to collect information, and this may include sending cookies to
you. Cookies are small data files stored on your hard drive or in device memory
that help us to improve our Services and your experience, see which areas and
features of our Services are popular and count visits. We may also collect
information using web beacons (also known as "tracking pixels").
We may
also obtain information from other sources and combine that with information we
collect through our Services.
Deletion of Measurement Photographs and Videos
After
you submit photographs or videos for measurement, we process them to calculate
measurements and other information useful for using our Services. Once
processed, the original photographs or videos are automatically deleted from
our servers. If measurement photographs or videos stay unprocessed for over 90
days, we automatically delete them from our servers. One instance in which a
set of photographs or videos may go unprocessed is if you submit a set
photographs or videos but do not associate them with an account.
While
we make our absolute best efforts to delete photographs and videos in a timely
manner, we cannot guarantee that such deletion always occurs within a
particular timeframe. In addition, as for any other digital information, there
may be ways to access photographs or videos while still in temporary storage
or, forensically, even after they are deleted.
MTailor
secures your personal information from unauthorized access, use or disclosure.
When personal information (such as a credit card number) is transmitted to
other websites, it is protected through the use of encryption, such as the
Secure Sockets Layer (SSL) protocol.
Use of Information
We do
not share your personal information with any third party, except as described
in this Privacy Policy.
MTailor
collects and uses your personal information to provide, maintain and improve
our Services and deliver the services you have requested, including processing
transactions. MTailor may also use your personally identifiable information to
inform you of other products or services available from MTailor and its
affiliates, store information about your preferences, allowing us to customize
our Services according to your individual interests, speed up your searches,
recognize you when you return to our website, estimate our audience size and
usage patterns. MTailor may also contact you via surveys to conduct research
about your opinion of current services or of potential new services that may be
offered.
We may
disclose your personal information to our service providers and other third
parties we use to support our business However, at all times we restrict who
has access to your personal information and take great care to protect your
privacy in all regards.
We may
use information you submit in a public forum (e.g. a blog, chat room, or social
network) to personalize your experience. You are responsible for the
information you choose to submit in public forums.
MTailor
may disclose your personal information, without notice, if required to do so by
law or in the good faith belief that such action is necessary to: (a) conform
to the edicts of the law or comply with legal process served on MTailor or the
Services, including respond to any government or regulatory request; (b)
protect and defend the rights or property of MTailor, including enforcing or
applying our terms of use and other agreements, including for
billing and collection purposes; and, (c) if we believe disclosure is necessary
or appropriate to protect the rights, property, or safety of MTailor, our
customers or others. We may share information about you in connection with, or
during negotiations of, any reorganization, dissolution, restructuring, merger,
sale of company assets, financing or acquisition of all or a portion of our
business to a buyer or other successor, whether as a going concern or as part
of bankruptcy, liquidation or similar proceeding, in which personal information
held by MTailor about the users of our Services is among the assets
transferred.
We
may also share aggregated or de-identified information, which cannot reasonably
be used to identify you. This could include aggregated, anonymous measurement,
size and shape information about our users and their purchases. The anonymous
aggregated data that we may collect could be used in a variety of ways,
including but not limited to, improving the performance of our Services and
helping us understand more about the relationships between body shapes, sizes
and style preferences. We may also, in the future, share such aggregated,
anonymous information with third-party partners. By using our services, you are
consenting to the collection and use of such anonymous aggregated data.
We
may share the personal information we collect with our affiliates, business
partners, ad network vendors and their participants, and other third parties
for the purposes described in this Policy, including to communicate with you
about products and services, offers, events and promotions that we believe may
be of interest to you.
Security of Your Personal Information
Personal
information within user accounts, including purchase history, is protected by a
password for your privacy and security. The Company employs numerous
administrative, technical and physical safeguards designed to assist in
protecting the personal information we collect against accidental, unlawful or
unauthorized destruction, loss, alteration, access, disclosure or use. We use
industry standard firewalls and encryption, such as Secure Sockets Layer (SSL)
encryption, to protect sensitive billing information during the authorization
process. When you enter your credit card information during our checkout and
billing process, although we store that information for ease of future use, it
is encrypted for your privacy.
We
further suggest that all users safeguard their own account username and
password and not share that information with anyone. If users are concerned
about misuse of their identity within the Services, or are using a shared
device, users should make an effort to log out as often as necessary. We will
never ask for your password via email and users should report any such inquiry.
Note.
MTailor meets or exceeds the standards generally accepted by the industry
within which it operates in regards to the protection of personal information.
However, no electronic transmission of information can be executed with
absolute certainty that a failure or breach will not occur. Company cannot
guarantee that the security measures in place to safeguard personal information
will never be defeated or fail, or that those measures will always be
sufficient or effective.
Children Under Thirteen
Our
Services are not intended for children under 13 years of age. No one under age
13 may provide any information to or on our Services. We do not knowingly or intentionally
collect personal information from children under the age of 13. If you are under 13, do not use or
provide any information on our website and other Services. If you believe we
might have any information from or about a child under 13, please contact us at
support@mtailor.com.
Parents
or guardians: we want to help you guard your children's privacy. We encourage
you to talk to your children about safe and responsible use of their Personal
Information while using the Internet. In addition, users of our Service must
(a) be at least 18 years of age or, (b) if younger, be
with the supervision of a parent or guardian.
Opt-Out and Unsubscribe
We
respect your privacy and give you an opportunity to opt-out of receiving
announcements of certain information. Users may opt-out of receiving any or all
communications from MTailor by contacting us by email at support@mtailor.com or
calling 1-888-808-3104.
How I do I delete my account and personal information?
If you would like to clear your data from our current directory, please email your request to data@mtailor.com.
YOUR CALIFORNIA PRIVACY RIGHTS
California
Civil Code Section 1798.83 permits users of our Services 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 support@mtailor.com or write us at: Bit
Body, Inc., 548 Market St, PMB 80182, San Francisco, CA 94104-5401.
Changes to PRIVACY POLICY
This policy may
change from time to time. Your continued use of our Services after we make
changes is deemed to be acceptance of those changes, so please check the policy
periodically for updates.
Terms and Conditions
Terms
MTailor provides website features and other products and
services to you when you visit or shop at www.MTailor.com, use the MTailor
mobile applications or other services, or use software provided by MTailor in
connection with any of the foregoing (collectively, the "Services").
MTailor provides the Services subject to the following terms and conditions
(together with any documents referred to in them) (collectively, the
"Terms of Service"). By using the Services, you accept these Terms of
Service, so please read them carefully. We are operated by
Bit Body, Inc. (Bit Body) and throughout these Terms we will use
MTailor, us or we to refer to Bit Body and its affiliated entities and
services collectively.
Acceptance of Terms
By accessing or using the Services in any way, you agree to
these Terms and our Privacy Policy, which is
incorporated herein by reference. You may not use the Services, or accept these
Terms, if (a) you are not of legal age to form a binding contract with us; or (b) you are prohibited by law from receiving or using the Service.
If you are entering into these Terms on behalf of a company or other legal
entity, you represent that you have the authority to bind such entity to these
Terms, in which case you or your shall refer to such entity. The Service
may be subject to a subscription or other agreement, posted guidelines, rules
or additional terms of service provided elsewhere.
You represent and warrant that you have the legal right to
use any credit card(s) or other payment method(s) utilized in connection with
any purchases made through our Services.
Electronic Communications
Visiting http://www.MTailor.com, opening the MTailor mobile
applications or sending emails to MTailor constitutes electronic
communications. You consent to receive electronic communications and you agree
that all agreements, notices, disclosures and other communications that we
provide to you electronically, via email and through the Services, satisfy any
legal requirement that such communications be in writing.
Links to Third Party Sites / Third
Party Services
Our Services may contain links to other websites or services
("Linked Sites"). The Linked Sites are not under the control of
MTailor and MTailor is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. MTailor is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by
MTailor of the site or any association with its operators. When you link to a
Third Party Site, the applicable third party's terms and policies apply,
including the third party's privacy and data gathering practices.
Certain services made available via our
Services are delivered by third party sites and organizations. By using any product, service or functionality originating
from MTailor, you hereby acknowledge and consent that MTailor may share such
information and data with any third party with whom MTailor has a contractual
relationship to provide the requested product, service or functionality on
behalf of MTailor users and customers.
No Unlawful or Prohibited Use /
Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use our Services strictly in accordance with these Terms.
As a condition of your use of our Services, you warrant to MTailor that you
will not use the Services for any purpose that is unlawful or prohibited by
these Terms. You may not use the Services in any manner which
could damage, disable, overburden, or impair the Services or interfere with any
other party's use and enjoyment of the Services. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Services.
All content included as part of the Services, such as text,
graphics, logos, images, data, results, ideas, plans, sketches, links, as well
as the compilation thereof, and any software used on the Services, is the
property of MTailor or its suppliers and protected by copyright and other laws
that protect intellectual property and proprietary rights. You agree to observe
and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Services. MTailor
content is not for resale. Your use of the Services does not entitle you to
make any unauthorized use of any protected content, and in particular you will
not delete or alter any proprietary rights or attribution notices in any
content. You will use protected content solely for your personal use, and will make
no other use of the content without the express written permission of MTailor
and the copyright owner. You agree that you do not acquire any ownership rights
in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of MTailor or our licensors except as expressly
authorized by these Terms.
You shall not upload to, distribute, or otherwise publish
through the Services any content, information, or other material that (a)
violates or infringes the copyrights, patents, trademarks, service marks, trade
secrets, or other proprietary rights of any person; (b) is libelous,
threatening, defamatory, obscene, indecent, pornographic, or could give rise to
any civil or criminal liability under U.S. or international law; or (c)
includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan
horses or other malicious or harmful code or properties.
Anything that you submit or post in the Services and/or
provide us, including without limitation, ideas, know-how, techniques,
questions, reviews, images, videos, comments, and suggestions (collectively,
Submissions) is and will be treated as non-confidential and nonproprietary,
and we shall have the royalty-free, worldwide, perpetual, irrevocable and
transferable right to use, copy, distribute, display, publish, perform, sell,
lease, transmit, adapt, create derivative works from such Submissions by any
means and in any form, and to translate, modify, reverse-engineer, disassemble,
or decompile such Submissions. All Submissions shall automatically become our
sole and exclusive property and shall not be returned to you. You represent and
warrant that you own or otherwise control all of the rights in and to the
Submissions that you post and have the right to grant MTailor the license
granted herein.
We do not undertake to and are not responsible for screening,
policing, editing or monitoring Submissions, and cannot ensure prompt removal
of objectionable material after it has been posted. If notified of allegedly
infringing, defamatory, damaging, illegal or offensive Submissions, we may
investigate the allegation and determine in our sole discretion whether to
remove or request the removal of such Submissions from the Services.
Third Party Accounts
You may be able to connect your MTailor account to third
party accounts. By connecting your MTailor account to your third party account,
you acknowledge and agree that you are consenting to the continuous release of
information about you to others (in accordance with your privacy settings on
those third party services). If you do not want information about you to be
shared in this manner, do not use this feature.
International Users
The Services are controlled, operated and administered by
MTailor from our offices within the USA. If you access the Service from a
location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the MTailor Content accessed through our
Services in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless MTailor, its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorneys' fees) relating
to or arising out of your use of or inability to use the Services, any user
postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable
laws, rules or regulations. MTailor reserves the right, at its own cost, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with MTailor in
asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE BIT BODY SERVICES MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
BIT BODY, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SITE AT ANY TIME.
BIT BODY, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE BIT BODY SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND. BIT BODY, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL BIT BODY, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE BIT BODY SERVICES, WITH THE DELAY OR INABILITY TO USE THE BIT BODY
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE BIT BODY SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BIT BODY SERVICES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF BIT BODY, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE BIT BODY SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BIT BODY SERVICES.
Termination
MTailor reserves the right, in its sole discretion, to
terminate your access to the Services or any portion thereof at any time,
without notice. To the maximum extent permitted by law, this
agreement is governed by the laws of the State of California and you
hereby consent to the exclusive jurisdiction and venue of courts in California
in all disputes arising out of or relating to the use of the Services. Use of
the Services is unauthorized in any jurisdiction that does not give effect to
all provisions of these Terms, including, without limitation, this section.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS OF USE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and MTailor as a result of this
agreement or use of the Services. MTailor's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of MTailor's
right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Services or information provided to or gathered by
MTailor with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and MTailor with respect to the Services
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and MTailor with respect
to the Services. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
Changes to Terms
MTailor reserves the right, in its sole discretion, to change
the Terms under which our Services are offered. The most current version of the
Terms will supersede all previous versions. MTailor encourages you to
periodically review the Terms to stay informed of our updates. Your continued
use of the Services following the posting of revised Terms or other policies
means that you accept and agree to the changes.
Contact Us
MTailor welcomes
your questions or comments regarding the Terms:
Bit Body, Inc.
548 Market St, PMB 80182
San Francisco,
California 94104-5401
Email Address:
support@mtailor.com
Telephone number:
+1 888-808-3104
September 19th, 2021