Privacy Policy

Privacy Policy

PRIVACY POLICY

LAST UPDATED: October 9, 2019

This privacy policy (the "Privacy Policy") explains how Motify INC (“Company,” “we,” or “us”) collects, uses, shares, and protects information of the users of Company’s mobile and other software applications and related website where this Privacy Policy is posted (collectively, the “Website”). This Privacy Policy is designed to fulfill our legal obligations in the places where we operate—including, without limitation and where applicable, the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).

Please note that this Privacy Policy only applies to the Website, and not to websites, applications, operating systems, or other platforms of third parties (collectively, “Third-Party Platforms”), even if such Third-Party Platforms are linked to or accessible from the Website. Each Third-Party Platform will have its own data collection and usage practices, and may use their own cookies, web beacons, and other technology to collect information from you. Company is not responsible for the content or practices of any Third-Party Platforms and, if you choose to visit or use them, you do so at your own risk.

1. Who controls your information?

Any information or other data provided to or gathered by Company is controlled by:

Motify INC
251 Little Falls Drive
Wilmington, DE 19808
service@motify.com

2. What types of information do we collect?

“Information,” as used in this Privacy Policy, means personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user or household. Examples include a user’s name, mailing address, email address, or IP address.

Company collects and/or has collected over the past twelve (12) months the following categories of information about you and other users of the Website:

  • Information You Provide to Us. We collect information from you when you voluntarily provide it to us over the Website, including as part of registering a user account or ordering goods or services from Company. Such information may include your name, email address, gender, username, profile photograph, responses to questions regarding your physical conditions, preferences, and goals, friends from social media (such as Facebook), and contacts from your contact lists.
  • Content You Make Public. Company collects information from you that you voluntarily upload to the Website for public display (“Public Information”), such as when you post a review, post on the Website (including comments, app feed posts, photos of progress, and history of food/meals), message users or trainers on the Website, or participate in a forum on the Website. Once you submit Public Information, neither you nor Company are able to control how it may be copied, shared, or used by third parties, even if you and/or Company later delete such Public Information. Accordingly, you should carefully consider what personal information you choose to include within your Public Information.
  • Transaction and Payment Information. We may gather additional information from you when you order a product or service through the Website or contact customer service regarding a prior transaction. Such information may include your bank account number, credit card number, debit card number, or any other financial information, information regarding the products or services you purchased, and your paid Subscription Plan or Membership, if any. When you click on product links or place items in your shopping cart, we may collect or create records regarding your shopping preferences or other purchasing or consuming history or tendencies.
  • Device/Internet Connection Information. When you use the Website, we automatically gather information made available by your web browser (such as Microsoft Edge or Google Chrome), internet service provider (such as Comcast or Cox), and device (such as your computer, phone, tablet, or fitness tracker), depending on your settings for each. For example, we may collect your IP address, information about the operating system or type of device you use, the device ID associated with your device, the date and time you access the Website, your push token information, your subscription information (such as from tokens from Apple and Google), your notification history, and your log in attempts.
  • Internet Activity Information. As explained below in Sections 3 and 4 regarding Personalized Ads, we may also collect information about your browsing history, search history, and information regarding your interaction with a particular website, application, or advertisement, including the Website. We may collect information regarding the websites, application, or advertisement you visited immediately before and after your use of the Website.
  • Geolocation Information. We may collect information about where you are located, both generally and at the time you access the Website. For example, we may collect your mailing address or ascertain your approximate location from your IP address.
  • Protected Class Information. Due to the specific nature of Company’s services, you may be asked to provide information about your gender, age, citizenship.
  • Biometric Information. We may collect information regarding your physiological, biological or behavioral characteristics, including your, gait patterns or rhythms, and sleep, health, or exercise/sports data, which may include your calorie intake, number of steps, and amount of finished trainings (such as from Apple Health, Google Fit, and Samsung Health).
  • Education and Employment Information. If you sign up or use the Website as a trainer, we may collect information about your educational background, employment, employment history, or salary.
  • Other Information. From time to time, we may collect other information from you, such as when you make a claim for a prize pursuant to a contest or other promotion run on the Website, when you request assistance through our customer service department, or when you voluntarily subscribe to promotions, reminders, or newsletters.  You will always be asked for your consent in advance of providing such other information, and we will not collect it without your permission.
  • Inference Information. Company may also create new information about you by drawing inferences from the information identified in the categories listed above, such as to create a profile about you reflecting your preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

3. How and when do we collect information about you?

Company gathers information about you through the following sources and means:

  • When you enter or upload information to the Website. Company collects information you provide to us, content you make public, transaction and payment information, geolocation information, protected class information, biometric information, and education and employment information when you enter such information on a form on the Website (including during registration), purchase products or services, sign up for newsletters or promotional material, enter contests, upload content, post in a forum, and otherwise interact with the Website.
  • When you communicate with us. Company may also collect information you provide to us, content you make public, transaction and payment information, geolocation information, protected class information, biometric information, and education and employment information from you outside of the Website, such as when you contact our customer service department, email us (including any response to an email communication from Company), or communicate with Company via social media, such as by posting on a page hosted by Company or tagging Company in your own post. The information collected off the Website may be combined with that collected through the Website—for example, if you order a product from the Website and later call customer service about the order, the information collected in both interactions may be linked.
  • Through Cookies, tracking tools, and other automated technologies. When you use any website, certain information can be automatically collected through technological means. When you access the Website, your web browser automatically sends us device and internet connection information and certain internet activity information as described in Section 2.

    Company also uses Cookies and web beacon technology to gather device and internet connection information, internet activity information, geolocation information, and biometric information. “Cookies” are files that are placed on your computer or other device by websites you visit. The primary purpose of a Cookie is to identify you as a unique user of the Website. Company uses the following types of Cookies, some of which are placed by Third Parties, to customize your Internet experience, keep you logged into websites, remember your search terms, and advertise products or services to you:

    Type of Cookie
    • Necessary - Necessary Cookies are essential in order for the Website to display and perform properly. Necessary Cookies are used to identify you, prevent security risks, and to allow you to perform account-related functions.
    • Preferences - Preferences Cookies are used to store preferences set by you and each user for their account, such as your language preferences. Preferences Cookies improve your experience using the Website.
    • Analytics and Performance - Analytics and Performance Cookies collect information on how you and other users interact with the Website. Often, this information is aggregated, as discussed in Section 4, and is used to improve the Website.
    • Advertising - We may also use Cookies and web beacons, including those placed by Third Parties such as Google and Facebook, to deliver Personalized Ads that may be of interest to you. We may also use a web beacon in email messages sent to track your response. Cookies and web beacons also help us and our Third-Party advertising partners ensure you do not see the same advertisements over and over and to identify block unwanted ads. We also use these tracking tools to better understand your behaviors and browsing activities, and to generate inference information, as discussed in Section 2.

      You can change your Cookie settings in your Internet browser (e.g., Chrome, Edge, Firefox).  If you disable Cookies, some of the features of the Website may not function correctly. For more information, see https://www.allaboutcookies.org/.
       
  • From Third Parties. Company may also collect the following types of information from Third Parties: transaction and payment information (such as when you have your payment information saved in your web browser); device/internet connection information; internet activity information; geolocation information; and biometric information.

    Like many websites, Company uses Google services and Cookies to improve the Website and advertise to users like you, as described more fully below.  As such, when you use the Website, your personal information may be shared with Google, and shared by Google with Company. You can learn more about how Google uses Cookies, and how to manage your Cookie preferences in your Internet browser and revoke your consent to Personalized Ads, by visiting the Google Cookie Policy.

    Company may also use the Facebook Cookie to deliver Personalized Ads to you, as that term is described below. You can learn more about how Facebook gathers and uses personal information via Cookies, including how to set your Cookie preferences within Facebook, by visiting the Facebook Cookie Policy.

    The Website is provided to you via the Amazon Web Services (“AWS”) platform. As such, Company uses AWS cookies and other tracking technologies in order to provide and improve the Website. You can learn more about how AWS gathers and uses personal information via Cookies, including how to control and manage AWS cookies, by visiting the AWS Cookie Policy.

    As explained above, Company also uses pixels, tags, and Cookies set by our Third Party advertising partners to track your online behavior and provide Personalized Ads to you.

    Third Party Partner:
    • Bing Ads - Company uses Bing Ads to deliver targeted advertisements to you and other Website users. https://privacy.microsoft.com/en-ca/privacystatement
    • Google - Company uses Google Ads to deliver targeted advertisements to you and other Website users. https://policies.google.com/privacy

      Remember, you can change your Cookie settings in your Internet browser (e.g., Chrome, Edge, Firefox).  For more information, see https://www.allaboutcookies.org/.

      You can better learn about such Third-Party data collection and advertising practices, including how to revoke your consent to Personalized Ads, at the following websites:

      www.youronlinechoices.com/uk/your-ad-choices
      www.networkadvertising.org/choices
      www.aboutads.info/choices    

4. How do we use your information?

Company may use the information we’ve gathered from you or your device, including through Cookies and Third Parties, for the following purposes:

  • Business Purposes. When Company uses your information for a “Business Purpose,” it means such use is reasonably necessary and proportionate to achieve an operational purpose of the Company. The following are the Business Purposes for which we may use your information:
    • For Security. Company uses the information we collect from you and other users to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and prosecute those responsible for that activity.

      Information you provide to us; Transaction and Payment Information; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; subscription tokens from Google and Apple
       
    • To Fulfill Your Orders. We use the information we collect from you to process your payments, fulfill your orders, and deliver your purchases.

      Information you provide to us; Transaction and Payment Information; Device/Internet Connection Information; Geolocation Information; Protected Class Information; Biometric Information; Education and Employment Information; subscription tokens from Google and Apple
       
    • To Improve our Products and Services. Company uses the information we collect from you and other users to improve our product offerings and services. For example, we may consider analytics, demographics, and user feedback collected via the Website in determining whether there is sufficient demand for a new Product, Subscription Plan, or service.

      Information you provide to us; Content you make public; Transaction and Payment Information; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Protected Class Information; Biometric Information; Education and Employment Information; Inference Information
       
    • To Improve the Website. Company uses the information we collect from you and other users to provide and improve the Website.  We use information to debug and identify and repair errors that impair existing intended functionality of the Website. As explained above, we use Cookies, including those placed by Third Parties, to gather statistical information that helps us understand how you and other users engage with the Website and improve its performance via technological development.

      Information you provide to us; Content you make public; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Protected Class Information; Biometric Information; Education and Employment Information; Inference Information
       
    • To Personalize Your User Experience. We use information gathered from Cookies to authenticate your logins, determine whether you are logged in or not, to allow you to set personal preferences when using the Website, and to make it so you don’t have to reenter the same information when you visit the Website several times within a short timeframe.

      Information you provide to us; Transaction and Payment Information; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Protected Class Information; Biometric Information; Education and Employment Information; Inference Information
       
    • To Communicate with You. We use your information to personalize communication with you, and to respond to your requests regarding your purchases and information on our products and services. We also use your information to notify you of updates to the Terms or this Privacy Policy.

      Information you provide to us; Content you make public; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Protected Class Information; Biometric Information; Education and Employment Information; Inference Information
       
    • To Create Deidentified Aggregate Information. Company may combine your information with that of other users to create “Aggregate Information”—namely, statistical information about all users or a subset thereof. Aggregate Information is pseudonymized and deidentified. In other words, Aggregate Information cannot be used to identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, including you.

      In turn, Aggregate Information may be used by Company for the Business and Commercial Purposes listed herein.
      Information you provide to us; Content you make public; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Protected Class Information; Biometric Information; Education and Employment Information; Inference Information
       
  • Commercial Purposes. When Company uses your information for a “Commercial Purpose,” it means such use is intended to advance Company’s business interests, such as by inducing you to buy one of our products or services. The following are the Commercial Purposes for which we may use your information:
    • To Advertise to You. We may use information gathered through Cookies and web beacons, including those placed by Third Parties, to deliver ads to you via the Website, and after you’ve left the Website, including advertising specific to your personal interests. The purpose of this practice, which is sometimes called “Personalized Ads,” “retargeting,” or “remarketing” is to deliver content and advertising that is of interest to you, and to avoid displaying irrelevant advertising to you.
      You can better learn about such Third-Party data collection and advertising practices, including how to revoke your consent to Personalized Ads, at the following websites:
      www.youronlinechoices.com/uk/your-ad-choices
      www.networkadvertising.org/choices
      www.aboutads.info/choices

      Information you provide to us; Content you make public; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Protected Class Information; Biometric Information; Education and Employment Information; Inference Information
       
    • To Build a Profile. As stated above, Company create new information about you by drawing inferences from the information identified in the categories listed above, such as to create a profile about you reflecting your preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Such information and profile may be used by Company for advertising purposes.

      Information you provide to us; Content you make public; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Protected Class Information; Biometric Information; Education and Employment Information; Inference Information
       
    • To Advertise to Others. We may share your reviews, comments, and other content uploaded by you to advertise and market our Website and the Services, including by reposting your reviews on the Website, in our advertising, or through our social media accounts.

      Content you make public
       
  • Scope and Legal Bases for Use

    Company only processes your information to the extent that is necessary to accomplish the above-stated Business and Commercial Purposes, which serves as our legitimate interest.

    If you reside in a location governed by the GDPR, then the following are Company’s legal bases for the processing of your information: In so far as we have obtained consent for processing operations of information by the data subject, Art. 6(1) lit. a GDPR serves as the legal basis. For the processing of information necessary for the performance of a contract to which the data subject is a party, Art. 6(1) lit. b GDPR serves as legal basis. The same applies to such processing operations which are necessary for carrying out pre-contractual measures. In so far as the processing of information is required to comply with a legal obligation to which our Company is subject, Art. 6(1) lit. c GDPR serves as legal basis. In the event that processing of information may be necessary to protect the vital interests of the data subject or of another natural person, Art. 6(1) lit. d GDPR serves as legal basis. If processing is necessary for the purposes of the legitimate interests pursued by our Company or by a Third Party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, processing operations are based on Art 6 (1) f DSGVO.

5. How do we share your information?

Company may share your information with Third Parties for the following purposes:

  • Business Purposes. When Company shares your information for a Business Purpose, it means such use is reasonably necessary and proportionate to achieve an operational purpose of the Company. The following are the Business Purposes for which we may share your information:
     
    • Service Providers. These Third Parties provide services to Company that allow Company to operate the Website, provide services to customers, communicate with customers, and so forth. Examples include payment processors, email fulfillment providers, shipping providers, customer management services, and so forth.

      For Security; To Fulfill Your Orders; to Improve Our Products and Services; to Improve the Website, to Personalize Your User Experience; and to Create Aggregate Information.  See Section 4 for more information on these Business Purposes.

      Information you provide to us; Content you make public; Transaction and Payment Information; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Protected Class Information; Biometric Information; Education and Employment Information; Inference Information
       
    • Our Affiliated Entities. Affiliated entities are different than Third Parties in that they are businesses that are directly related to us and have common ownership with us. We may disclose, transfer, and sell your information to our affiliated entities, in which event, your information shall be treated by the affiliated companies in accordance with this Privacy Policy. Should Company be subject to an acquisition, merger, sale or other change of control or business entity status, we reserve the right to transfer or assign your information as part of that acquisition, merger or sale.

      For Security; To Fulfill Your Orders; to Improve Our Products and Services; to Improve the Website, to Personalize Your User Experience; and to Create Aggregate Information.  See Section 4 for more information on these Business Purposes.

      Information you provide to us; Content you make public; Transaction and Payment Information; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Protected Class Information; Biometric Information; Education and Employment Information; Inference Information
       
    • Government Officials and Private Parties Pursuant to Valid Legal Process. We may disclose your information in response to subpoenas, court orders, and other legal processes. In very rare circumstances, we may disclose personal information when we believe it is necessary in order to prevent illegal, fraudulent, or injurious actions that may cause harm to individuals.

      To comply with Company’s legal obligations and to prevent illegal, fraudulent, or injurious actions that may cause harm to individuals.

      Information you provide to us; Content you make public; Transaction and Payment Information; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Protected Class Information; Biometric Information; Education and Employment Information; Inference Information
       
  • Commercial Purposes. When Company shares your information for a “Commercial Purpose,” it means such disclosure is intended to advance Company’s business interests, such as by advertising our products or services. The following are the Commercial Purposes for which we may share your information with Third Parties:
     
    • Advertising Partners. We may disclose your personal information as needed to our Third-Party advertising partners.  For example, we may share information gathered through Cookies and tracking technology to allow a Third Party to advertise our products and services to you after you leave the Website.

      To Advertise to You, including through Personalized Ads; to Advertise to Others. See Section 4 for more information on these Commercial Purposes.

      Information you provide to us; Content you make public; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Protected Class Information; Biometric Information; Education and Employment Information; Inference Information
       
    • Other Consumers. We may share your reviews, comments, and other content uploaded by you to advertise and market our Website and the Services, including by reposting your reviews on the Website, in our advertising, or through our social media accounts.

      To Advertise to Others. See Section 4 for more information on this Commercial Purpose.

      Content you make public

6. Do we sell your information to others?

No. Company does not sell consumers’ personal information and has not sold consumers’ personal information during the past twelve (12) months.

7. How do we protect your information?

Company, and the Third-Party vendors we use to store your information, employ technical, administrative, and physical security measures (such as SSL encryption and HTTPS protocol) that are designed to protect against the loss, misuse, and alteration of the information under our control. We regularly review our security procedures to consider appropriate new technology and methods.

However, no system can be completely secure.  Therefore, although we take steps to secure your information, we cannot promise, and you should not expect, that your personal and commercial information, or other communications, will always remain secure.

The safety and security of your information also depends on you. Never share your password with anyone else and notify us as soon as possible if you believe your account security has been breached.

8. How long do we keep your information?

Company will retain your information for the length of time necessary to fulfill the Business Purposes and Commercial Purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law or valid court order. If you request deletion of your information pursuant to Section 10, your request will be processed according to the timeframes indicated therein and/or pursuant to any applicable legislation.

9. Do we transfer your information to a different country?

If you are visiting the Website from a location outside of the United States, your connection will be through and to servers located in the United States, and all information you provide will be processed and securely maintained in our web servers and internal systems located within the United States. By using the Website, you authorize and specifically consent to the transfer of personal data to the United States and its storage and use as specified above when you provide such information to us.

10. What are your rights when it comes to accessing, correcting, or deleting your information, and how can you exercise them?

You may access all information we’ve collected and retained about you for purposes of correcting, amending, downloading, or deleting such information. Access can be obtained by logging into your account, filling out our Contact Form, or contacting us at service@motify.com.

To protect your privacy and security, we may take reasonable steps to help verify your identity before granting access, making corrections, providing you with information, or deleting information.

  • Access and Correction
    The easiest way to access and correct the personal information we have collected about you is to log into your account. In the alternative, you may fill out our Contact Form or contact us at service@motify.com.
  • Right to Request Disclosure
    You have the right to request that Company disclose the following to you:
    • The categories of personal information we have collected about you;
    • The categories of sources from which the personal information is collected;
    • The business or commercial purpose for collecting or selling personal information;
    • The categories of third parties with whom we share personal information; and
    • The specific pieces of personal information we have collected about you.
      To request such a disclosure, please fill out our Contact Form or contact us at service@motify.com.
  • Right to Request Deletion
    You have the right to request that Company delete any personal information about the you which we have collected from you. To make such a request, please fill out our Contact Form or contact us at service@motify.com.
  • California Shine the Light Disclosure
    Under California’s “Shine the Light” law, California residents who provide personal information to the Website may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please fill out our Contact Form or contact us at service@motify.com.

11. How do we protect the privacy of children?

Company will never knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that we have collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to Third Parties. We have designed this policy in order to comply with the Children’s Online Privacy Protection Act (COPPA).

12. How can you receive and opt-out from marketing communications?

By providing your email address to Company through the Website or an email initiated by you, you consent to receive emails from us, including information concerning your account and advertising messages. Depending upon your location, we may obtain additional consent from you via a checkbox disclosure or an email requesting confirmation before you can receive such information.

Providing consent to promotional emails is NOT a condition of purchasing any goods or services from Company. You can unsubscribe to advertising emails at any time by clicking the unsubscribe link within the email, or by contacting us at service@motify.com. Please note that, even if you unsubscribe from advertising emails, we will still send you any necessary, non-promotional emails about your purchase, account, or updates to our Privacy Policy and Terms of Service.

13. Do we respond to Do Not Track (DNT) Signals?

DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked.  Company does not currently respond to DNT requests.

14. How will you know when we change the Privacy Policy?

Each time you use the Website, the then-current version of this Privacy Policy will apply.  Although most changes are likely to be minor, we reserve the right to modify this Privacy Policy by posting such modification on this page; however, if changes are significant, we may provide a more prominent notice or email you. Depending upon your location, we may obtain additional consent from you via a checkbox disclosure or an email requesting consent before you can continue to use the Website.

Unless we receive your express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy, and not to information collected under any earlier version.

15. How can you contact us regarding this Privacy Policy?

The Website contains a Contact Form, which can be used for electronic contact. If you use this option, the data entered by you in the form will be transmitted to us and stored as part of your information.

Alternatively, you can contact us via email at service@motify.com. In this case, your information transmitted by email will be stored. If needed, your information will be relayed to our Third Party partners to for the sole purpose of processing any request by you in the communication.