Terms of Use

Notice to individuals in the European Union and Switzerland, when Metrolex is the data controller of your information: The personal information you provide to Metrolex will be transferred to the United States for processing purposes. By providing your personal information to Metrolex, you consent to this transfer. You should be aware that the European Union has not determined whether the United States provides an adequate level of protection for personal information. While Metrolex has committed to comply with the privacy principles described in the General Data Protection Regulation and has specified the ways in which you can exercise your rights, U.S. laws may not adhere to such principles. You may withdraw your consent at any time by emailing us at privacy@metrolex.ca.​

Introduction

Metrolex is committed to protecting the confidentiality of personal information it processes. This privacy policy concerns the personal information that Metrolex, INC ("Metrolex") receives and collects through its website at www.metrolex.ca and other sites owned and operated by Metrolex that refer to this privacy policy, as well as through any other technologies, products, and services provided by Metrolex, including its scanners, applications, and hosted products and services (collectively, the "Services"). The term "personal information," as used in this privacy policy, means any information associated with you and protected under any applicable privacy or data protection law. Metrolex is a leading provider of 3D body scanning products, services, and technologies. This policy covers both the publicly accessible marketing website operated by Metrolex (the "Public Site") and the services provided to its customers. As noted below, some parts of the privacy policy apply only to the Public Site, and some parts apply only to the Services. Metrolex maintains relationships with various businesses, researchers and other entities (collectively, the "Clients") that may require Metrolex to collect and process personal information on their behalf. This may occur, for example, if a Client uses Metrolex scanners in its business or integrates Metrolex technology into its own website or mobile application. In such cases, Metrolex will follow the privacy instructions provided to Metrolex by the Client, and you should review that Client's privacy policy to determine how they use your information. In this situation, we consider the Client to be the "data controller" of the personal information and Metrolex to be the "processor," unless otherwise agreed between Metrolex and the Client. If you ask Metrolex to provide your personal information to a Client, then that Client's use of that personal information will be governed by that Client's privacy policy, and Metrolex's use will be governed by this privacy policy. When this occurs, Metrolex and the Client will be considered "joint controllers" of the personal information. In all other cases, Metrolex acts as the "data controller" of personal information (for example, when we collect information from users of our scanners and consumer-facing applications).​

Notice of Information Collected and Used

We will notify you when we need information that personally identifies you or allows us to contact you or provide you with the Services. Generally, this information is requested when you register or use our Services, or when you complete our contact form on our Public Site, or through one of our applications when requesting further information about our Services. Personal information collected at registration or when you request information may include, but is not limited to, your name and email address.
For certain Services, you will be asked to undergo a 3D body scan that uses infrared sensors and/or other technologies to map the shape and contours of your body ("body data"). If you use our applications to perform a 3D body scan, we may also collect personal information about you in the form of images taken by the application and process those images to create body data. We may also request additional information about you, such as your sex, ethnicity, height, weight, and age. Body data and other information about you may be processed for the purpose of providing goods or services to you, keeping appropriate records of those transactions, and to assist us in the development, debugging, and testing of our applications and Services. The legal basis for this processing is performance of a contract between you and us (or between you and one of our Clients), taking steps at your request to enter into such a contract, and/or your specific consent to the use of such information for these purposes.
When providing services for Clients where Metrolex acts as a processor, Metrolex may receive body data without any other personally identifying information. In such cases, Metrolex has no ability to identify the individual associated with the body data. Metrolex may use pixel tags, web beacons, and other similar technologies to record information about how individuals access our Services. This information is generally not personally identifiable and may include Internet Protocol (IP) addresses (or associated DNS name) of the individual's computer, the website from which the individual linked to our Services, and the browser software the individual uses to access our Services. This information is used in aggregated form to administer computer systems and to make improvements to our Services.
Metrolex uses cookies and other technologies on our Public Site and in connection with the Services to manage user sessions and to provide a better user experience, including personalizing content display. A cookie is a text data file that a website transfers from the web server to the user's browser and is stored on the user's computer's hard drive.
If you provide personal data of another person to Metrolex, you must do so only if you have that person's authorization, and you must comply with any obligations that apply to you under applicable laws and regulations.
We use Google Analytics to analyze usage of the Services. Google Analytics generates statistical and other information about website usage through the use of cookies, which are stored on users' computers. The data generated is used to create reports about website usage. Google stores this data. More information is available in Google's privacy policy.
If you contact our technical support team with questions about our Services, Metrolex will obtain information about you to confirm that you are a legitimate user of our Services entitled to receive support and to provide the requested support.

Choices

If/when registration for our Services is available, you have the option to choose not to register or not to provide personal information. You can still use the Public Site. However, you will not be able to access Services that require registration.

If/when registration is available, you may sign up to select the types of information you want to receive from us by subscribing to various services and communications.

What We Do With The Information You Share

Metrolex will share your personal information with third parties only as described in this privacy policy. Metrolex uses and shares personal information in the following circumstances:
  • We will use and disclose your personal information to provide the Services, which may include delivering body data and other personal information to a clothing provider or other product supplier, or to a gym or fitness trainer, or to other Clients, as requested by you through the Services, or in the course of performing Services for Clients with whom you have a relationship. We may provide your personal information to Clients when performing Services for those Clients in order to fulfill our contractual obligations.
  • We may provide personal information to companies that help us provide Services, such as a hosting provider or a customer service provider. These companies are authorized to use your personal information only to the extent necessary to provide these Services and to assist in supporting our users.
  • We may share your personal information in response to subpoenas, court orders, and other legal processes or governmental requests, or to establish or exercise our legal rights or defend against legal claims.
  • Metrolex may share personal information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, the protection and defense of the rights or property of Metrolex, its Services and its users, violations of Metrolex's terms of use, or as otherwise required by law.
  • If Metrolex is acquired by another company or merges with another business, Metrolex may share personal information about our users with that company. If that other company has a privacy policy that materially differs from ours, Metrolex will make reasonable efforts to inform you before your personal information is shared with that other company.
  • We may use your personal information to improve the quality of our Services (and the products and services of our affiliates) and for research and development of new Services (including new products and services of our affiliates). We may share your personal information with our affiliates and development partners for these purposes, provided they give equivalent protection to your data as described in this privacy policy.
  • We may use and share aggregated and statistical data for general business management and marketing purposes.
Subject to your right to opt out of marketing messages, we may provide you with information about other Metrolex products or products from Metrolex's commercial partners that we think may be of interest to you.

Your Rights Regarding Your Information

You have certain rights related to your personal information, subject to applicable laws. Under the laws in force and, in particular, if you are located in the European Economic Area, these rights may include:
  • The right to access your personal information that we hold (right of access).
  • The right to rectify inaccurate personal information and, given the purpose of the processing, to ensure it is complete (right of rectification).
  • The right to erase/delete your personal information to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten). In some cases, we may not be able to delete all or part of your information in order to comply with applicable laws. We may retain de-identified data.
  • The right to restrict our processing of your personal information to the extent permitted by law (right to restriction of processing).
  • The right to transfer your personal information to another data controller, to the extent possible (right to data portability).
  • The right to object to any processing of your personal information carried out on the basis of our legitimate interests (right to object). When we process your personal information for direct marketing purposes or share it with third parties for direct marketing purposes, you may exercise your right to object at any time to such processing without having to provide a specific reason for such objection.
  • The right not to be subject to a decision based solely on automated processing, including profiling, producing legal effects ("automated decision-making"). Automated decision-making is not currently performed via our Services.
  • Where we base the collection, processing and sharing of your personal information on your consent, the right to withdraw your consent at any time without affecting the lawfulness of processing based on that consent before its withdrawal.
To exercise your rights, please contact us using the contact information in the Contact section of this policy. We endeavor to respond to all legitimate requests within one month and will contact you if we need additional information from you to respond to your request.
As described above, we may also process personal information on behalf of a Client as a processor. If your data was submitted to us by or obtained by us on behalf of a Client and you wish to exercise rights you may have under applicable data protection laws, please contact the relevant Client directly, as they are the "data controller" of the personal information. Since we may access the data only at the instruction of that Client, if you wish to address your request directly to our attention, please provide us with the name of the Client who submitted your data to us. We will forward your request to that Client and assist them as needed to respond to your request within a reasonable time.

Transfer of Information to Third Parties

Except for transfers to Clients and unless otherwise expressly stated in this document as described above, Metrolex will not disclose any personal information to a third party that is not a contractor or agent of Metrolex ("Agent"). For third parties acting as an Agent of Metrolex, Metrolex will make commercially reasonable efforts to determine that the third party is either subject to the EU Data Protection Directive or has entered into an agreement with Fit3D that is consistent with this privacy policy.

Security

Metrolex takes reasonable technical, administrative, and physical measures to protect the security of your personal information against unauthorized use, disclosure, and alteration. Metrolex provides information and training to all employees who have access to personally identifiable data maintained by Metrolex, and Metrolex employees are responsible for the internal security of such information. Metrolex will not process personal information in a manner incompatible or inconsistent with the purpose for which such information was collected. You also play an important role in protecting your information. No one can view or modify your personal information associated with your account without knowing your username and password, so do not share them with others.

Children's Privacy

Metrolex does not knowingly collect or retain information obtained through the Public Site from persons under 13 years of age, and no part of the Public Site is directed to persons under 13 years of age. Any user under 13 years old should not use or access the Public Site at any time or in any manner. If Metrolex learns that personally identifiable information from persons under 13 years of age has been collected on our website without verified parental consent, Metrolex will take appropriate steps to remove such information.

Dispute Resolution

Metrolex, INC is committed to resolving complaints regarding the collection or use of your personal information. Individuals in the EU with questions or complaints regarding our privacy policy and privacy practices should contact Metrolex, INC at: privacy@metrolex.ca

Attention: GDPR
Metrolex, LLC
Rue, Salaberry, Appartment 206 576B,
Beauharnois - Canada

Metrolex will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. Metrolex has a policy of responding to individuals within 60 days of an inquiry or complaint.​

Notice Regarding Do Not Track

The privacy preference called "Do Not Track" (DNT) may be enabled by users in certain web browsers. You may contact us about your choices related to our processing of your personal information. However, we do not currently recognize or respond to DNT browser-initiated signals.

Merger, Sale or Bankruptcy

In the event of a full or partial acquisition of Metrolex by a third party or a merger with another business, Metrolex may transfer or assign the personal information held by Metrolex in connection with such merger, acquisition or other change of control. In the event of bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors of Metrolex, or the application of laws or equitable principles affecting the rights of creditors generally, Metrolex may not be able to control how personal information is processed, transferred, or used.

Changes to This Privacy Policy

This privacy policy may be revised periodically by Metrolex, as indicated by the "last updated" date below. Please revisit this page to stay informed of any changes.

Contact Information

Metrolex welcomes questions and comments regarding this privacy policy. You may contact us at:

Metrolex, LLC
Rue, Salaberry, Appartment 206 576B,
Beauharnois - Canada
Phone: +1 438 3342602

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