Terms of Use
SHAPE America Privacy Policy
1. Data We Collect
2. How We Use
3. How We Share Information
4. Your Choices & Obligations
5. European Resident Rights
6. Other Important Information
Children’s Privacy Addendum


Event Code of Conduct

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Terms of Use & Privacy Policy

Terms of Use

Please Read These Terms of Use (the “Terms”) Carefully Before Using our website at www.shapeamerica.org (the “Site”).

Please be aware that these Terms constitute a binding legal agreement between you and SHAPE America. You agree you are responsible for your use of our and Sites and Services any resulting consequences. You may use our Site and interact with us and any of our Services (the “Services”) only in compliance with these Terms and all applicable laws. Your use of our Site constitutes your acceptance of these Terms and our Privacy Policy.

By using this Site and our Services, you signify your assent to these Terms. If you do not agree to these Terms, do not use the Site. These Terms and the Privacy Policy constitute the entire agreement between you and SHAPE America regarding the use of the Site and Services.

When using certain SHAPE America Services, you may be subject to any additional terms that are otherwise made available from time to time.

We reserve the right, at our sole discretion, to change the Terms at any time. If we do this, we will post the changes on this our Site and will indicate at the top of this page the date these terms were last revised. We will notify you of material changes either through our Site, in an email notification, or through other reasonable means. Your continued use of our Site and Services after the date any such changes become effective constitutes your acceptance of the updated Terms.

Your Representations & Warranties to SHAPE America

By using our Site and Services, you represent, warrant, and agree:

1. You meet all age and eligibility requirements expressed in these Terms;
2. You will only use our Site and Services for lawful purposes, and will not use our Site and Services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
3. You will not use our Site and Services to cause nuisance, annoyance, or inconvenience;
4. You will not impair or harm the proper operation of our Site and Services;
5. You will not copy, or distribute any content contained within our Site and Services without written permission from SHAPE America;
6. You will only use our Site and Services for your own use and will not resell any aspect of our Site and Services to a third party;
7. You own or control all rights in and to any information or property shared with us;
8. You will provide us with whatever proof of identity we may reasonably request;
9. You have not previously been suspended or removed from our Site and Services; and
10. Your use of our Site and Services complies with applicable laws and regulations.

Access and Conditions of Use

You may use our Site and Services and interact with us only for lawful purposes and in accordance with these Terms. You agree:

1. You will not violate any applicable federal, state, local, or international law or regulation;
2. You will not exploit or harm minors;
3. You will not transmit any advertising or spam material;
4. You will not impersonate SHAPE America or any person or entity associated with SHAPE America; and
5. You will not engage in any conduct that challenges anyone's use or enjoyment of the Site and Services.

Additionally, you agree:

1. You will not use any device, software, or routine that interferes with the proper working of the Site and Services, or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
2. You will not attempt to gain unauthorized access to the Site and Services; and
3. You will not attempt to attack or interfere with the proper working of the Site and Services.

SHAPE America reserves the right to temporarily or permanently modify or discontinue our Site and Services with or without notice. SHAPE America reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.

Accounts & Registration

Registering for a SHAPE America Account: In order to use or access certain features of our Sites and Services, you may be asked to register for a user account (a “SHAPE America Account”) and become a registered user (a “Registered User”). By becoming a Registered User, you agree to:

1. Provide accurate, current, and complete information about yourself and/or the Registered User during the registration process;
2. Maintain and promptly update such information to keep it accurate, current, and complete;
3. Maintain the security of your password and login information;
4. Accept full responsibility for all use of any SHAPE America Account you register;
5. Immediately notify SHAPE America of any unauthorized use of your SHAPE America Account.

Failure to abide by this Agreement constitutes a breach of these Terms, which may result in immediate termination of your SHAPE America Account.

You may not select or use a SHAPE America Account name, handle, or login that:

1. Is comprised of or includes the name of another person with the intent to impersonate that person;
2. Is subject to any rights of a person other than you without appropriate authorization;
3. Suggests a false association between you and SHAPE America; or
4. In SHAPE America’s sole discretion, is offensive, vulgar, or obscene.

SHAPE America reserves the right to refuse registration of a SHAPE America Account, or cancel any account name, in its sole discretion.

SHAPE America’s Termination of Access

SHAPE America maintains the right to suspend or disable your access to any SHAPE America Account you may have created, or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if SHAPE America otherwise determines such action is warranted. SHAPE America reserves the right to revoke your access to and use of the Platform at any time, with or without cause, whether or not you have established a SHAPE America Account or are a Registered User.

You may cancel your SHAPE America Account at any time by contacting SHAPE America using the information below.

Communications

When you become a Registered User, you are given the option to consent to receive electronic notifications from SHAPE America regarding exclusive offers, coupons, and the latest information from SHAPE America. You may opt-out of receiving certain notifications from SHAPE America by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain transactional announcements or notifications even if you have opted-out from other messages.

Intellectual Property & Restrictions on Use

This Site is owned and operated by the Society of Health and Physical Educators (referred to as "SHAPE America", "we," "us," or "our" herein). No material from shapeamerica.org or any Site owned, operated, licensed or controlled by SHAPE America may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use, or classroom (educational use) only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of SHAPE America's copyright and other proprietary rights. For purposes of these Terms, the use of any such material on any other Site or networked computer environment is prohibited.

The SHAPE America name and logos are trademarks and service marks of SHAPE America (collectively the “SHAPE America Trademarks”). Other company, product, and service names and logos used and displayed via our Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SHAPE America. Nothing in these Terms or in our Site and Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SHAPE America Trademarks displayed through our Sites and Services, without our prior written permission in each instance or as otherwise described in these Terms. All goodwill generated from the use of SHAPE America Trademarks will inure to our exclusive benefit.

Third-Party Material

Under no circumstances will SHAPE America be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that SHAPE America does not have a duty to pre-screen content, but that SHAPE America and its designees will have the right in their sole discretion to refuse or remove any content that is available via our Site. This includes the right to remove any content that violates these Terms or is deemed by SHAPE America to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

These Files May Not Be Used to Construct Any Kind of Database

In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by SHAPE America. SHAPE America does not transfer title to the Software to you. You own the medium on which the Software is recorded, but SHAPE America retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

Submissions

SHAPE America is pleased to hear from its members and welcomes your comments regarding SHAPE America products, including SHAPE America's electronic services. However, any information or materials submitted to, or uploaded to, SHAPE America’s Site will become SHAPE America property. SHAPE America is entitled to unrestricted use of the information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information. In general, SHAPE America will follow established polices for print publications, such as the SHAPE America journals.

DMCA Copyright Policy

SHAPE America respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. SHAPE America will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, SHAPE America may act expeditiously to remove or disable access to any material claimed to be infringing, or claimed to be the subject of infringing activity, and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. SHAPE America may terminate access for users of the SHAPE America services who are infringers. SHAPE America reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.

In accordance with the DMCA and other applicable law, SHAPE America has adopted a policy of terminating, in appropriate circumstances and at SHAPE America’s sole discretion, users who are deemed to be repeat infringers. SHAPE America may also at its sole discretion limit access to the SHAPE America Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Notifying SHAPE America of Copyright Infringement

SHAPE America will process and investigate notices of alleged infringement and will take appropriate actions consistent with the U.S. Digital Millennium Copyright Act (“DMCA”), and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the [COMPANY’S] Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”).

To provide SHAPE America with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification” at:

SHAPE America Customer Service
Attn: DMCA Notices
PO Box 225
Annapolis Junction, MD 20701

Please deliver the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We must receive the following information from you:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
2. A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
3. A detailed description of where the material that you claim is infringing is located or found on the Sites or Services;
4. Your address, telephone number, and email address;
5. A statement by you, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf.

Providing SHAPE America with Counter-Notification

If SHAPE America removes or disables access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed, and you feel that your material does not constitute infringement, you may provide SHAPE America with a counter notification by written communication to the attention of “DMCA Counter Notification Department” at the contact information above that sets forth the following information:

1. Your physical or electronic signature;
2. Identification of the content that has been removed, or to which access has been disabled, and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Eastern District of Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Please note that you may be liable for damages (including costs and attorneys’ fees), if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

If a counter-notice is received by the Copyright Agent, SHAPE America will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Jurisdictional Issues

This Site is controlled and operated by SHAPE America from its offices within the Commonwealth of Virginia, United States of America. SHAPE America makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Termination

Your agreement to the Terms will terminate immediately without notice from SHAPE America if in SHAPE America's sole discretion you fail to comply with any term or provision of the Terms. Upon termination, you must destroy all materials obtained from this Site and any and all other SHAPE America Site(s) and all copies thereof, whether made under the Terms or otherwise.

Privacy

SHAPE America uses data from Registered Users and website visitors to provide the Site and Services, and other purposes in accordance with the law.

For more information on our data collection practices, please visit our Privacy Policy.

Disclaimer

THE MATERIALS IN OUR SITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHAPE AMERICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHAPE AMERICA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHAPE AMERICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SHAPE AMERICA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Third Party Websites

Our Site may provide links or other access to other third party sites and resources on the Internet. SHAPE America has no control over such sites and resources and SHAPE America is not responsible for and does not endorse such websites and resources.

Advertising

SHAPE America may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our Site and other mechanisms. By agreeing to our Terms, you agree to receive such advertising and marketing from SHAPE America and our partners. If you do not wish to receive such advertising, you may notify us at [email protected]. SHAPE America may compile and release information regarding you and your use of our Site on an anonymous basis as part of a customer profile or similar report or analysis. It is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our Sites and Services.

SHAPE America does not verify or substantiate the claims of advertisers. As a matter of law, it is the responsibility of an advertiser, not the publisher, to substantiate its claims.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall SHAPE America be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if SHAPE America, or a SHAPE America authorized representative, has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall SHAPE America's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this Site.

Indemnity

You agree to release, indemnify, and hold harmless SHAPE America, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death), arising out of or relating to your use of our Site and Services, your violation of these Terms, or your violation of any rights of another.

Age Requirements

By accepting these Terms through your use of our Site and Services, you certify that you are at least 18 years of age, or are at least 13 years of age, and are under the supervision of a parent or legal guardian that will be bound to these Terms on your behalf. If you are under the age of 13, you are not permitted to use our Site unless specified by SHAPE America. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site and Services with SHAPE America, including all financial charges and legal liability that such child may incur. You should refer to the Privacy Policy for more information on children’s privacy.

Other

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms, and shall not affect the validity and enforceability of any remaining provisions. These Terms and the Privacy Policy is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

SHAPE America shall have the right at any time to change or discontinue any aspect or feature of its Site(s), including, but not limited to, content, hours of availability, and equipment needed for access or use.

Solicitation Disclosure Agreement

SHAPE America’s mission is to advance professional practice and promote research related to health and physical education, physical activity, dance and sport. Our vision is a nation where all children are prepared to lead healthy, physically active lives.

The Society of Health and Physical Education (SHAPE America) is a nonprofit corporation incorporated in the District of Columbia. A copy of SHAPE America’s financial report may be obtained by writing to SHAPE America, PO Box 225, Annapolis Junction, MD 20701, or by calling 1-800-213-7193. If you are a resident of one of these states, you may obtain financial information directly from the state agency:

COLORADO - Colorado residents may obtain copies of registration and financial documents from the office of the Secretary of State, 303-894-2860, www.sos.state.co.us/ re: Reg.No. 20183010776.

FLORIDA - A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE, 1-800-435-7352 (800-HELP-FLA) WITHIN THE STATE OR VISITING www.800helpfla.com. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. Florida registration # CH14848.

GEORGIA - A full and fair description of the programs of SHAPE America and our financial statement summary is available upon request at the office and phone number indicated above.

ILLINOIS - Contracts and reports regarding SHAPE America are on file with the Illinois Attorney General.

MARYLAND - For the cost of copies and postage, Office of the Secretary of State, State House, Annapolis, MD 21401.

MICHIGAN - MICS No. 27412.

MISSISSIPPI - The official registration and financial information of SHAPE America may be obtained from the Mississippi Secretary of State’s office by calling 1-888-236-6167. Registration by the Secretary of State does not imply endorsement.

NEW JERSEY - INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABLE ON THE INTERNET AT http://www.state.nj.us/lps/ca/charfrm.htm. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.

NEW YORK - Office of the Attorney General, Department of Law, Charities Bureau, 120 Broadway, New York, NY 10271.

NORTH CAROLINA - FINANCIAL INFORMATION ABOUT THIS ORGANIZATION AND A COPY OF ITS LICENSE ARE AVAILABLE FROM THE STATE SOLICITATION LICENSING BRANCH AT 1-888-830-4989. THE LICENSE IS NOT AN ENDORSEMENT BY THE STATE.

PENNSYLVANIA - The official registration and financial information of SHAPE America may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement.

VIRGINIA - Virginia State Office of Consumer Affairs, Department of Agricultural and Consumer Services, PO Box 1163, Richmond, VA 23218.

WASHINGTON - Charities Division, Office of the Secretary of State, State of Washington, Olympia, WA 98504-0422, 1-800-332-4483.

WEST VIRGINIA - Residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305. Registration does not imply endorsement.

WISCONSIN - A financial statement of SHAPE America disclosing assets, liabilities, fund balances, revenue, and expenses for the preceding fiscal year will be provided upon request. Registration with any of these state agencies does not imply endorsement, approval or recommendation by any state.

Contact Information

You can contact us or use other options to resolve any complaints.

If you have questions or complaints regarding this Policy, please first contact SHAPE America online at [email protected]. You can also reach us by physical mail at SHAPE America, PO Box 225; Annapolis Junction, MD 20701; Phone: (800) 213-7193.

SHAPE America Privacy Policy

SHAPE America, a 501c3 non-profit organization, understands the importance of your privacy. This Privacy Policy applies to all our interactions with you, including when you visit our websites (the “Sites”), request or receive services, participate in our educational or marketing events, request information from us, apply for a job, or when you otherwise provide information to SHAPE America (collectively, the “Services”). Our Privacy Policy describes our collection of information during your interactions with our Sites and Services, and the rights and choices you have regarding your information.

In addition to covering how we collect, use, disclose, transfer, and store your information, this Privacy Policy discloses our purpose and lawful basis for processing your personal data, and your related rights. Our legal basis for collecting and using personal information will depend on the personal data concerned and the specific context in which we collect it. In most cases, the lawful basis will be that the processing:

1. (i) is necessary for our legitimate interests in carrying out our business with you, provided those interests are not outweighed by your rights and interests, or
2. (ii) is necessary to perform a contract with you.

Where processing is based on your consent, we will identify the processing purposes and provide you with relevant information to make the processing fair and transparent. If you have consented to our use of personal data about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.

By using or interacting with our Services, you agree with the terms of this Privacy Policy and the Terms of Use.

1. Data We Collect

SHAPE America collects data, including personal data about you. “Personal data” means information which is related to an identified for identifiable natural person.

1.1 Data You Provide To Us

You provide personal data to create an account with us.

Create an Account

To create a SHAPE America account, you must provide personal data including your name, email address and/or phone number, and a password. If you choose to purchase a product or join SHAPE America at one of our paid membership tiers, you must also provide payment (e.g., credit card) and billing information.

Once you have created an account, you will be able to create your SHAPE America profile (a complete profile helps you get the most from our Services).

Profile

You have choices about the information and personal data you provide on your profile, such as your interest areas, birthdate, gender, contact information and communication preferences. Some Members also have access to and may choose to complete a separate SHAPE America Exchange (“Exchange”) community profile. You do not have to provide additional information or personal data on your SHAPE America profile; however, profile information helps you to get more from our Services, including helping other SHAPE America members find you. It’s your choice whether to include sensitive information. We do not require Members to include sensitive data (e.g., race, ethnicity, birthdate, gender information) in their SHAPE America profile. Do not post or add personal data to your profile that you would not want to be publicly available.

Posting and Uploading

We collect personal data from you when you provide, post, or upload it to our Sites and Services, such as when you fill out a form, (e.g., with demographic data or salary), respond to a survey, or submit a resource to our member community. If you opt to sync your social media accounts, we may receive your education, professional associations and job history for display in our SHAPE America community. You don’t have to post or upload personal data; though if you don’t, it may limit your ability to grow and engage with your network over our Services.

1.2 Data From Others

Content and News

You and others may post content that includes information and personal data about you (as part of articles, posts, comments, videos) on our Sites and Services.

Partners

Customers and partners may provide data about you to us. We receive personal data about you when you use the Services of ours and our partners, such as the SHAPE America Online Institute, SHAPE America Exchange, and SHAPE America Career Center.

Related Companies and Other Services

We receive data about you when you use some of the other services provided by our affiliates or us. Affiliates are companies controlling, controlled by, or under common control with us, including, for example, SHAPE America Online Institute, SHAPE America Exchange, and SHAPE America Career Center. For example, your courses in the SHAPE America Online Institute are provided to us in order to allow us to offer you targeted professional development offerings on our Services.

1.3 Service Use

We log your visits to our Site and use of our Services, including mobile apps.

We log usage data when you visit or otherwise use our Services, including our Sites, app, and platform technology (e.g., our partner Sites), such as when you view or click on content (e.g., download library) or ads (on or off our Sites and apps), perform a search, or create an account in our Career Center. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify you and log your use.

1.4 Cookies, Web Beacons and Other Similar Technologies

We collect data through cookies and similar technologies.

SHAPE America collects cookies and similar technologies (e.g., web beacons, pixels, ad tags and device identifiers) on our Sites to recognize you and/or your device(s) on, off and across different Services and devices. SHAPE America uses this information only internally - to deliver the most effective content to our visitors. Information from the cookies is used to gauge page popularity, analyze traffic patterns on our Sites and guide development of other improvements to our Sites. SHAPE America does not require that you accept cookies, however, some functionality on our Sites, our product or Services check-out process, and products and Services may be disabled if you decline to accept cookies.

SHAPE America uses automated tracking technology, such as web pixels from Feathr and Meta including to optimize our advertising services, measure cross-device conversions, understand our website visitors, create custom audiences from website visitors, and reach new customers. By using these pixels, these third-party platforms may utilize cookies, web beacons, and other tracking technologies to collect or receive information from SHAPE America and elsewhere on the internet and use that information to provide services and track users across platforms. Opting out of cookies on the SHAPE America website does not automatically opt users out of cookies utilized by third-party vendors.

For more information, visit the privacy policies of these vendors:

Facebook: https://www.facebook.com/about/privacy/

Google: https://policies.google.com/privacy?hl=en

Feathr: https://www.feathr.co/privacy-policy

SHAPE America uses analytics data and the DoubleClick cookie to serve ads based on a user's prior visits to our Site. Site visitors may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or they may opt out of Google Analytics by visiting the Google Analytics opt-out page. Google has additional information available about their Remarketing Privacy Guidelines, Policies, and Restrictions. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. You may also change your cookie settings through preferences options in our products and/or Services, where applicable.

1.5 Your Device and Location

We receive data from your devices and networks, including general location data. When you visit or leave our Services (including our Site or cookies or similar technology on the Sites of others), we receive the URL of both the Site you came from and the one you go to next. We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. If you use our Services from a mobile device, that device will send us data about your general location based on your phone settings.

1.6 Messages

If you communicate through our Services, we receive certain information and personal data from those communications.

We collect personal data when you send, receive, or engage with messages in connection with our Services. For example, if you get a SHAPE America Exchange connection request, we track whether you have acted on it and will send you reminders. We also use activity data to trigger automated messages and deliver targeted messaging about programs, products, and Services to you.

1.7 Workplace and School Provided Information

When your employer or school buys a Service for you to use, we receive information and personal data.

Others buying our Services for your use, such as your employer or your school, provide us with personal data about you and your eligibility to use the Services that they purchase for use by their workers, students or alumni. For example, we will get contact information for “Ship To” information and for authorizing users of our premium Services, such as our convention registration, SHAPE America Exchange community or Online Learning products.

1.8 Sites and Services of Others

We get personal data and information when you visit our Sites or other third-party sites that include our plugins, ads or cookies, or log-in to others’ services with your SHAPE America account.

We receive information about your visits and interaction with services provided by others when you log-in with your SHAPE America password or visit others’ services that include our plugins (such as “SHAPE America Online Store”), ads, cookies or similar technologies.

1.9 Other

Our Services are dynamic, and we often introduce new features, which may require the collection of new information and personal data. If we collect materially different personal data or materially change how we use your data, we will notify you and may modify this Privacy Policy.

2. How We Use Your Data

We will only use your personal data as disclosed in this Privacy Policy and to the extent the law allows us to do so. We use your data to provide, support, personalize and develop our Services.

How we use your personal data will depend on which Services you use, how you use those Services and the choices you make in your profile. We use the data that we have about you to provide and personalize, including with the help of automated systems and inferences we make, our Services (including automated messages) so that they can be more relevant and useful to you and others.

2.1 Services

Our Services help you connect with others, encounter work and social networking opportunities, stay informed, get professional development, and be more productive.

We use your personal data to authorize access to our Services.

Stay Connected

Our Services allow you to stay in touch and up to date with colleagues, partners, and other professional contacts. To do so on SHAPE America Exchange, you will “connect” with the professionals who you choose, and who also wish to “connect” with you. Subject to your settings, when you connect with other Members, they will be able to see your profile information.

Additionally, we will use personal data about you (such as your profile, profiles you have viewed or activity data provided through uploads or other engagements) to suggest new opportunities (e.g. products that meet your interest areas).

Stay Informed

Our Services allow you to stay informed about news, events and ideas regarding professional topics you care about from professionals you respect. Our Services also allow you to improve your professional skills or learn new ones. We use the personal data we have about you to recommend relevant content on our Services, and skills that you might need to pursue your next opportunity. We may use information about your activity on the Sites and Services to personalize content in an email, or suggest that you watch related learning content to help you towards that new skill.

We use your personal data, content, activity and other data, including your name and picture, to provide notices to your network and others on SHAPE America Exchange. For example, subject to your settings, we may notify others that you have posted a blog.

Career

Our Services allow you to explore careers and evaluate educational or professional opportunities. Your profile will be visible to those looking to hire (for a job or a specific task) or by job candidates. We will use your personal data to recommend jobs or mentees, show you and others who work at a company, in an industry, function or location, or have certain skills and connections. We may use automated systems to profile and provide recommendations to help make our Services more relevant to our Members, Visitors and customers. Keeping your profile accurate and up-to-date may help you better connect to others and to opportunities through our Services.

Productivity

Our Services allow you to collaborate with colleagues, communicate with visitors and members, and build your professional network.

2.2 Premium Services

Our premium Services, including membership, allow paying users to access member-only content on our Site.

2.3 Communications

We contact you and enable communications between Members through our SHAPE America Exchange community. We offer preference settings in the account profile to control what messages you receive.

We will contact you through email, phone, notices posted on our Sites or apps, messages to your SHAPE America Exchange account, and other ways through our Services, including push notifications through our mobile app in accordance with the law. We will send you messages about the availability of our Services, security, or other service-related issues. We also send messages about how to use the Site and Services, network updates, reminders, job suggestions and promotional messages from us and our partners. You may change your communication preferences at any time in your account profile. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.

2.4 Advertising

We serve you tailored ads both on and off our Services. We target (and measure the performance of) ads to members, visitors and others both on and off our Services directly or through a variety of partners. Partners include ad networks, exchanges and others, using the following personal data and information, whether separately or combined:

• Data from advertising technologies on and off our Services, like web beacons, pixels, ad tags, cookies, and device identifiers; 
• Member-provided information (e.g., profile, contact information); and
• Data from your use of our Services (e.g., search history, content you read, connections, Special Interest Group participation, page visits, videos you watch, clicking on an ad, etc.), including as described in Section 1.3.

We will show you sponsored content labeled “ads” or “sponsored.” Subject to your settings, if you take an action (such as like, comment or share) on these ads, your action is associated with your name and viewable by others, including the advertiser.

Info to Ad Providers

We do not share your personal data with any third-party advertisers or ad networks for their own advertising purposes except for: (i) hashed or device identifiers (to the extent they are personal data in some countries); (ii) with your separate permission (e.g., lead generation form) or (iii) data already visible to any users of the Services (e.g. profile). However, if you view or click on an ad on or off our Site or apps, you may be identifiable to the ad provider.

2.5 Marketing

We promote our Services to you and others. We use data and content about Members for invitations and communications promoting membership and network growth, engagement, and our Services.

2.6 Developing Services and Research

Service Development

We use personal data and information, including public feedback, to conduct research and development for the further development of our Services in order to provide you and others with a better, more intuitive and personalized experience, drive membership growth and engagement on our Services, and help connect professionals to each other.

Surveys

Polls and surveys are conducted by us and others through our Services. You are not obligated to respond to polls or surveys, and you have choices about the information you provide

2.7 Customer Support

We use personal data and information to help you and fix problems.

We use the data (which can include your communications) to investigate, respond to, and resolve complaints and service issues (e.g., bugs).

We use data to generate aggregate insights. We use your data to produce and share aggregated insights that do not identify you. For example we may use your personal data including inferences drawn from data about you such as your age or gender to generate statistics about our members, their profession or industry, to calculate ad impressions served or clicked on, or to publish visitor demographics for a Service or demographic workforce insights.

2.8 Security and Investigations

We use data for security, fraud prevention, and investigations.

We use your data (including your communications) if we think it’s necessary for security purposes or to investigate possible fraud or other violations of this Privacy Policy and/or attempts to harm our members or visitors.

3. How We Share Information

3.1 Our Services

Any data that you include on your profile and any content you post or social action (e.g. SHAPE America Exchange community) may be seen by others. Subject to your settings, your account profile may be visible to Members and customers of our Services. Subject to your settings, it can also be visible to others on or off our Services (e.g., visitors to our SHAPE America Exchange Site).

Blogs, Comments, Messages

Some of our Sites and Services allow viewing and sharing information and personal data including through blogs, posts, and comments. When you share an article or a post (e.g., an update, image, video or article) publicly in our member blogs, it can be viewed by everyone and re-shared anywhere. Members, visitors, and others will be able to find and see your publicly-shared content, including your name (and photo if you have provided one).

3.2 Others’ Services

You may link your SHAPE America Exchange profile with others’ services so that they can look up your educational information, job history etc. Subject to your settings, other services may look-up your profile. When you opt to link your account with other services, personal data will become available to them. The sharing and use of that personal data will be described in, or linked to, a consent screen when you opt to link the accounts. For example, you may link your SHAPE America Exchange profile to LinkedIn to share content.

3.3 Related Services

We share your personal data across our different Services and affiliated entities.

We will share your personal data with our affiliates to provide and develop our Services. We may combine information internally across the different Sites and Services covered by this Privacy Policy to help our Services be more relevant and useful to you and others. For example, the SHAPE America Online Institute will recommend targeted content to you based on the webinars you launch because we are able to identify you across different Services using cookies or similar technologies.

3.4 Service Providers

We may use service providers and contractors to provide our Services.

We use service providers and contractors to provide our Services (e.g., maintenance, analysis, audit, payments, marketing and development). These service providers will have access to your information and personal data as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

3.5 Legal Disclosures

We may need to share your data when we believe it is required by law or to help protect the rights and safety of you, others, or us.

We may disclose personal data and information about you when required by law, subpoena, or other legal process, or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of SHAPE America, our members, personnel, or others.

3.6 Change in Control or Sale

We may share your data when our business is sold to others in the event of a merger, transfer of ownership or assets, bankruptcy, or other reorganizations but it must continue to be used in accordance with this Privacy Policy.

4. Your Choices & Obligations

4.1 Data Retention

We keep your personal data for as long as your account is open and as otherwise may be necessary to perform the Services.

This includes personal data you or others provided to us and data generated or inferred from your use of our Services. Even if you only use our Services when looking for a new job every few years, we will retain your information and keep your profile open unless you specifically request it be removed.

4.2 Rights to Access and Control Your Personal Data

You have many. We give all members choices regarding your personal data.

For personal data that we have about you:

• Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Services to you).
• Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate.

For more information on exercising these choices, you can contact us using the contact information below.

4.3 Account Closure

We keep some of your data even if you discontinue membership or do not use your account in accordance with the law.

We retain your personal data as reasonably necessary in accordance with this Privacy Policy to meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, or fulfill your request to “unsubscribe” from further messages from us.

Information you have shared with others (e.g., through SHAPE America Exchange) may remain visible after you closed your account or deleted the information from your own profile, and we do not control data that other members copied out of our Sites or Services.

5. European Resident Rights

5.1

Certain laws, including but not limited to, the General Data Protection Regulation (GDPR) and the UK GDPR grant residents of the European Economic Area and the UK, and Switzerland rights to control your personal data. Although some of these rights apply generally, certain rights will only apply to limited individuals or circumstances.

In addition to the rights provided above, you may exercise the following rights to the extent these laws apply: 

• Right to Restrict Processing. If we process your personal data based on our legitimate interests as explained in this Privacy Policy, you may have the right to restrict processing in certain circumstances.
• Right to Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Services to you).
• Right to Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or fix your data in certain cases, particularly if it is inaccurate.
• Right to Object. If we process your personal data based on our legitimate interests as explained in this Privacy Policy, or in the public interest, you can object to this processing in certain circumstances. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.
• Right to Data Portability. If you request a copy of your specific personal data then we will provide it in an easily accessible format.
• Right to Lodge a Complaint. You may be entitled to lodge a complaint with your data privacy regulatory authority.

To exercise your rights, please contact us at the information provided below. When you contact us, please include your email address, full name, and specific information about your request(s). If you would like to update or correct your email address, street address, or other personal information with us, please include specific details about the information you wish to have updated or corrected.

For requests submitted by email, you must provide enough information that allows us to verify your identity. Only you or your authorized agent may make requests regarding your personal information. An authorized agent must have documentation that they are authorized to act on your behalf. We will fulfill or reject your request within the amount of time required by law.

6. Other Important Information

6.1 Security

We implement physical, technical, and organizational security safeguards designed to protect your data, such as HTTPS and access controls. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that personal data and information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or organizational safeguards.

6.2 Lawful Bases for Processing

We will only collect and process personal data about you where we have lawful bases. We have lawful bases to collect, use, and share data about you. You have choices about our use of your data and can withdraw consent you have provided by going to your account settings, or object to the processing of your personal data by contacting us at the information provided in this Privacy Policy.

Lawful bases include consent when required by law. Where we process data based on consent, we will ask for your explicit consent. You may withdraw your consent at any time, but that will not affect the lawfulness of the processing of your personal data prior to such withdrawal.

Where we rely on contract (such as your membership agreement), we will ask that you agree to the processing of personal data that is necessary for entering into or performance of your contract with us.

We may update or change this Privacy Policy from time to time. We will provide notice of the changes on our Site and will indicate the effective date. Your continued use of our Site or our Services after the changes are effective constitutes your acceptance of the Privacy Policy.

6.3 Contact Information

You can contact us or use other options to resolve any complaints.

If you have questions or complaints regarding this Policy, please first contact SHAPE America online at [email protected]. You can also reach us by physical mail at SHAPE America, PO Box 225; Annapolis Junction, MD 20701; Phone: (800) 213-7193.

Children’s Privacy Addendum

We are committed to comply with any applicable laws and/or requirements, such as the United States Children's Online Privacy Protection Act. Unless you are visiting a Site for which the Child Privacy Policy Addendum is attached and applicable (the “Site”), use of the Site by those individuals under the age of 13 is prohibited. These sites include:

• https://www.shapeamerica.org/events/healthmovesminds/default.aspx

SHAPE America provides additional privacy protection information for those SHAPE America Sites where we knowingly collect information from children under the age of 13. Information practices concerning children are found on each Site where personal data is collected from children under 13 or used or shared in ways not otherwise covered by the rest of this Privacy Policy.

Parental Consent, information collection and use

We will not knowingly request personal data from anyone under the age of 13 without prior verifiable parental consent. With parental consent, we may collect information of children under the age of 13 such as: name, address, email address, account information, and media/ content parents chose to upload themselves. That information allows us to fulfill requested transactions, facilitate participation in activities, keep records, undertake certain marketing activities, or to otherwise customize or enhance the web Site experience. We do not share child personal data with any third parties except the child's respective school where necessary to facilitate the child's involvement in a fundraising activity.

With their parents, children under the age of 13 may be able to make certain content, such as content they create themselves, visible to others or the public. This might include, for example, a webpage or parts of webpages operated by children that have been designed for group or public viewing, or photos of themselves involved in our programs or other activities.

Correcting/Updating/Deleting/Deactivating Personal Information

Regardless of what is displayed or submitted, parents can revoke their consent and ask that information about their children be hidden or, in some cases, deleted, by contacting our offices by phone at the number at the bottom of this page or via email. To comply with such a request, we must verify the identity of the requesting parent. When a parent revokes consent, we will stop knowingly collecting, using or disclosing information from that child. To respect the privacy of parents, information that is collected and used for the sole purpose of obtaining verifiable parental consent or providing notice is not maintained in retrievable form by the Site if parental consent is not obtained after a reasonable time.

Consent to Receive Notices Via the Site

By using the Site or submitting personal data to the Site (and, for parents or guardians of children under the age of 13, having consented to your child's use of the Site), you are agreeing that SHAPE America may deliver all privacy and opt out notices to you in the manners described in the Privacy Policy.