Privacy Policy

Last Updated: October 26, 2018


In advance of reading our complete Privacy Policy, this introductory section summarizes key points in our Privacy Policy and how it relates to your use of Naked.

Who can see your scans?

No one at the company can access or view your scan without your express written permission. This includes both engineers and support reps. Your information is encrypted and your sensitive data (scan) is decoupled from your personal information (name, contact info, etc.). In the event that you are having problems with your scanner and would like to share your scan with the support team so they can help, you will need to give them written permission. Customer support reps do not have access to our databases.

What about research users?

If you opt into our research program, you are allowing us to access your scan data to improve the product. These are the only users for whom Naked Labs employees have access to the scan image. Any data accessed for research users is decoupled from personal information. ie. a computer vision engineer may view a scan and the associated raw data, but he or she would not know whose scan it was or any personal information about the individual in question.

What about other information?

We collect some additional information to assist in providing our services. In terms of the information collected to ensure your scan is successful (which includes lighting and pose information), this is all data-based. For lighting, we log exposure value, depth map fill-rate, and depth map metrics. For pose, we log pose estimation information (a simplified schematic that maps your approximate stance). No images of your room or your body are retained or accessible to the team.

The above information does not in any way depict your body or include personal information, it’s simply data to help our team improve the product and provide you assistance if your scans are failing for some reason. For example, if you write in asking for help because your scan quality is poor, the exposure numbers could allow us to guess that you might have placed your scanner directly in front of a window or extremely bright light and then we would be able to recommend that you find a new location for your scanner.

How about security and encryption?

Our cloud servers are protected by industry standards. All scans and scan-derived data are encrypted, and your scan is decoupled from your personal information. This means that in the unlikely event of a data breach, there would be no way to link up scans with the identity of those scanned. Aside from those employees who are key to the protection and administration of the cloud, Naked Labs employees do not have access to the scan database.

What do you do with my data and personal information?

We will never sell your personal information or contact info. We do collect anonymized, aggregated data in order to better understand 1) how people use Naked so we can improve the product and 2) general health and wellness trends within the population of our users. We may commercialize this anonymized, aggregated data in the future.

Some examples of data we would track:
• Scanning behavior of users who successfully reduced body fat to a healthy range (so we can deepen our understanding of the impact of scanning frequency)
• Average waist size of 30 year-old males
• Average body fat of 40 year-old females

How could this anonymized, aggregated data be sold or otherwise used?

Couple examples:
• This data would be immensely helpful to various obesity and health-related research programs
• The distributions of various measurements across the population would be useful to clothing manufacturers to improve sizing and better predict the volume of each size to produce.

There will be no viewing, studying, and no sale of any personal information, including your scan. Note, research users are opting in to share their scan information to improve the product, as outlined above.


Privacy Policy

Protecting your privacy is important to us.

With this in mind, we are providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive through our Products and Services. We refer to our Products and Services as the “Naked Platform”. This Privacy Policy applies to information collected through your use of the Naked Platform. This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through the Naked Platform. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

Controller

Naked Labs, Inc. with an office at 1800 Broadway St. Suite #1 Redwood City, California 94063, is the controller and responsible for your Personal Information collected through your use of the Naked Platform (“Naked Labs”, “Naked”, “us” or “we”).

Acceptance of this Privacy Policy

By accessing the Naked Platform, you agree to be bound by this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Naked Platform. Each time you use the Naked Platform, the current version of the Privacy Policy will apply. Accordingly, whenever you use the Naked Platform, you should check the date of this Privacy Policy (which appears at the top) and review any changes since the last version. This Privacy Policy is applicable to all Service visitors, registered users, and all other users of the Naked Platform.

Further, you acknowledge that this Privacy Policy is part of our Terms and Conditions, which is incorporated by reference, and by accessing or using the Naked Platform, you agree to be bound by the Terms of Service. If you do not agree to our Terms of Service, do not access or use the Naked Platform.
Collection of Information

When you use the Naked Platform, we collect information (i) that you provide when you use the Naked Platform (such as through profile screens or use of our scanner) including registration/account setup information and certain body details, and (ii) that we are able to collect from your mobile device, web browser, cookies and other similar technologies. The information we collect includes Personal Information as described in this Privacy Policy. Our primary goal in collecting information is to provide and improve the Naked Platform, to administer your use of the Naked Platform (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services. The types of information we collect are outlined in this section.

Personal Information You Give Us

As used in this Privacy Policy, the term “Personal Information” means information that identifies you personally, alone or in combination with other information available to us. We will collect certain Personal Information in connection with your use of the Naked Platform. This Personal Information may include: (i) your name, (ii) mailing address, (iii) telephone number, (iv) email address, (v) scan image, and, (vi) for those purchasing Products, credit card, billing and delivery information. When you create a Naked Labs account (“Account”), we will also collect certain Personal Information to populate your Account. We also collect information on your gender, height, age, and race/ethnicity in order to provide you with the most accurate body fat measurement possible. If you create an Account through Naked Labs, we will be able to access and collect your name and email address and other Personal Information that you provide.

Information We Collect

When you use the Naked Platform we may collect and/or calculate weight, body fat percentage, body volume, height, and various circumferences. Through the Naked Platform, we collect certain other information, which may include Personal Information, in order to improve our product. This includes information on your pose so we can anticipate errors, or data about the environment in which you use the device, like lighting conditions in the room where your device is located. The information we collect when you use the Naked Platform includes details that you provide and information that is gathered or derived through your body scan, including but not limited to the aforementioned metrics.

Information Collected Using Cookies and other Web Technologies

Like many online service owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.

“Cookies” are small text files that are placed on your hard drive by a Web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you have logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you do not accept Cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your hard drive. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties.

“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to generate aggregate, non-identifying information about how our Services are used.

Information Sent by Your Mobile Device

We collect certain information that your mobile device sends when you use our Services, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.

Location Information

When you use our App, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device. Due to the requirements of the native operating systems, enabling location services is necessary for use of the Android app.

How We Use Your Information

We collect information from you including Personal Information and use it for a variety of purposes as outlined in this Privacy Policy.

Provide and Administer the Naked Platform

We use your Personal Information as is necessary for the performance of a contract between you and us, or to answer questions or take steps at your request prior to entering into a contact. For example, we use the information to provide you with the Services or Products you request; create and maintain your Account; handle and fulfil your orders; provide customer support; troubleshoot and protect against errors; and notify you about changes to the Naked Platform.

Improve and Develop the Naked Platform

Any information collected is used to support and improve the Naked Platform as necessary in our legitimate interests, or where you have given your informed consent to such use as required by applicable law. Using the information we collect, we are able to improve the Naked Platform, and research and develop new products and services. For example, we use the information to understand how you and other Users interact with the Naked Platform; track usage and error trends; perform data analysis and testing; conduct research and surveys; and develop new features, products and services.

Any information you provide to us may be used for us to communicate with you as necessary in our legitimate interests, or where you have given your informed consent to such use as required by applicable law. We may use information that you provide to us to send you various notifications, text messages, alerts, emails, and other electronic communications related to the Naked Platform, our business, or related services. We may also periodically send you free newsletters and e-mails that directly promote the Naked Platform and related services. Please be aware that if you provide us with a cell phone number that you acknowledge we may send you text messages.

Personalize Services

We use the information we collect to personalize the Services and show you more relevant content that is tailored to you as necessary in our legitimate interests, or where you have given your informed consent to such use as required by applicable law.

Some examples include:
• Information such as your height, weight, gender, race/ethnicity, and age is a required input in order to accurately calculate your body fat, a core feature of the Services.
• We may provide personalized text in the app or contextual information such as how your metrics compare to similar users on the Naked Platform and the population.
• We may provide personalized advice or suggestions based on information about you that we collect and/or calculate.

Promote Safety and Security

We use the information we collect to promote the safety and security of the Naked Platform, our Users and other parties. Such use is necessary for the performance of the contract between you and us or is necessary in our legitimate interests. For example, we may use the information to authenticate Users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.

Derivative Information

We may derive and infer additional data from any information that you provide to us. Examples of derivative information we generate include fitness and diet trends in the population, body shape and metrics trends in the population, etc.

Anonymized and De-Identified Information

We may aggregate and/or anonymize all information that we collect from you, including Personal Information. This may be done for various purposes, including to improve our products, develop new features, serve our partners, provide useful data to marketing/design/research firms that we partner with, and for other business development purposes.

Information that We Share with Third Parties

We will not share or sell any Personal Information to third parties for their use without your consent except as described below:

Information Shared with Our Service Providers

We may engage third-party services providers to work with us to administer and provide the Naked Platform. These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose. One such third party service we rely on is a third party authorized to process credit card payments on our behalf.

Information Shared with Third Parties for Research and Analysis

We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling, general marketing and market segmentation, and other similar purposes.
Information Shared with Other Users

If you provide any Personal Information to us for posting in areas of our Service that may be publically viewed (e.g., blogs or messaging features), your Personal Information will be available to third parties who use our Service. Please be cautious when using the public features of our Service.

Information Shared with Individuals You Direct

Through the Naked Platform you may have the option to share your Personal Information with third parties. If you use this functionality in the Naked Platform, you consent to the transfer of your Personal Information to the individual(s) that you identify.

Anonymized and De-identified Information

We may sell aggregated and de-identified data displaying trends related to our user population to our partners.

Information Disclosed in Connection with Business Transactions

Information that we collect from our Users, including Personal Information, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Information, may be disclosed or transferred to a third party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others

We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.

Your Choices

We offer you choices regarding the collection, use and sharing of your Personal Information, and we will respect the choices you make. Please note that if you decide not to provide us with the Personal Information that we request, you may not be able to access all of the features of the Services.
Alerts and Communications

When you receive certain promotional communication from us, you will have the opportunity to “opt-out” (either through your Account or by following the unsubscribe instructions provided in the e-mail you receive). Most other notifications may be controlled or modified by you from the Account Settings page in our App. Please be aware that we do need to send you certain communications regarding the Naked Platform and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms and Conditions or this Privacy Policy or information about billing).

Modifying Your Information

Through your active Account you will have the ability to modify and delete certain Personal Information that we have collected from you. Users will always have the ability to delete scans through their Account. Information and Personal Information deleted by you will not be recoverable. Information (including Personal Information) in inactive or suspended accounts will not be deleted unless specifically requested. If your account is no longer active, you may request to have your Account including the Personal Information contained within it deleted by contacting us at support@nakedlabs.com. A request to delete information will be performed within 30 days after we receive the request.

Some Personal Information contained within business records may remain in archived/backup copies for our records or as otherwise required by law. Please be aware that any anonymized data that we have created based on your information will not be subject to deletion. This includes body metrics, body volume, and body fat percentage, as well as any other derivative data that are de-coupled from your Personal Information and your likeness as represented by your body scan.

Our Policy Toward Children

Our Products and Services are intended for use by individuals eighteen (18) years of age and older. Individuals seventeen (17) years of age and younger may only use our Products and Services with parent permission which may be obtained by contacting legal@nakedlabs.com.

Children’s Online Privacy Protection Act

Our Service is not directed to children under the age of 13, if you are not 13 years or older, do not use our Service without parental consent. We do not knowingly collect Personal Information from children under the age of 13. If we learn that Personal Information of persons less than 13 years-of-age has been collected through our Service without parent consent, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child or a minor under the age of 13 has posted, submitted or otherwise communicated Personal Information to our Service without your consent, then you may alert us at legal@nakedlabs.com so that we may take appropriate action to remove the minor’s Personal Information from our systems.

All minors under the age of 18 are required to submit parental consent in order to use the Services. Parents or guardians wishing to provide consent for a minor to use the Naked Platform may contact us at legal@nakedlabs.com to request the necessary paperwork.

Erasure Law

In accordance with California law, individuals under the age of 18 residing in California may remove or request and obtain removal of content and information that they post on a website or app. In order to remove or to request and obtain removal of such content and information, the user must email support@nakedlabs.com. Users should be aware that removal of the content and information posted by an individual under the age of 18 does not ensure complete or comprehensive removal of the content or information posted on our Service. Furthermore, under certain circumstances, Naked Labs may not have to comply with the above removal requirements. Naked Labs also reserves the right, to the extent permitted by law, to anonymize the posted content or information or to make such content or information invisible to other users and the public instead of removing or deleting the content or information.

Additional Details about How We Use Information

International Transfer

Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Please be aware that the information (including Personal Information) that you provide to us is generally stored in the United States and other jurisdictions that may not be considered adequate by some international standards. If you are located outside of the United States and choose to provide your Personal Information to us, by accepting this Privacy Policy and using our Products and Services you consent to the transfer, processing and storage of your Personal Information in the United States.

Your California Privacy Rights

California residents may request and obtain from us, once a year, free of charge, a list of third parties, if any, to which we disclosed their Personal Information for direct marketing purposes during the preceding calendar year and the categories of Personal Information shared with those third parties. If you are a California resident and wish to obtain that information, please submit your request by sending us an email at legal@nakedlabs.com with “California Privacy Rights” in the subject line.

Your European Privacy Rights

If you are based in the EU, in certain circumstances you have rights under data protection laws in relation to Personal Information we hold about you.

Specifically:

  • Request access to your Personal Information. You may have the right to request access to any Personal Information we hold about you as well as related information, including the purposes for processing the Personal Information, the recipients or categories of recipients with whom the Personal Information has been shared, where possible, the period for which the Personal Information will be stored, the source of the Personal Information, and the existence of any automated decision making.
  • Request correction of your Personal Information. You may have the right to obtain without undue delay the rectification of any inaccurate Personal Information we hold about you.
  • Request erasure of your Personal Information. You may have the right to request that Personal Information held about you is deleted.
  • Request restriction of processing your Personal Information. You may have the right to prevent or restrict processing of your Personal Information.
  • Request transfer of your Personal Information. You may have the right to request transfer of Personal Information directly to a third party where this is technically feasible.

Where you believe that we have not complied with our obligation under this Privacy Policy or European data protection law, you have the right to make a complaint to an EU Data Protection Authority.

Responding to Do Not Track Signals

Our sites do not have the capability to respond to “Do Not Track” signals received from various web browsers.

The Security of Your Information

We utilize current technology to transport and store information we collect including the use of Cloud technology. We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your Personal Information) from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL encryption or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We are not responsible for the content, privacy or security practices, and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all third-party services that you access.

Changes to this Privacy Policy

We reserve the right to update or modify this Privacy Policy from time to time. If we make any material changes to this Privacy Policy or the way we use, share, or collect Personally Identifiable Information, we will notify you by revising the “Last Updated” field at the top of this Privacy Policy, prominently posting an announcement of the changes on our Service, or sending an email to the email address you most recently provided us (unless we do not have such an email address) prior to the new policy taking effect. Users are bound by any changes to the Privacy Policy when he or she uses our Service after notice of such changes has been communicated. We encourage you to review this Privacy Policy regularly to ensure that you are familiar with the Company’s current practices.

Privacy Inquiries

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us as follows:

By emailing the Privacy Department: legal@nakedlabs.com

By mail post:
Privacy Department
Naked Labs
1800 Broadway
Suite 1
Redwood City, CA 94063