Movetivate Privacy Policy

Effective Date: July 18th, 2018

Your privacy is important to us. Please read below to see how Movetivate handles information. The following are a few of our privacy principles:

  • Information you upload or post to Movetivate may be seen by others depending on your privacy settings.
  • We aggregate and de-identify certain information about our users to use for business purposes.
  • We give you several ways to control the privacy of your personal information and are continuously working to enhance privacy options available to you.

Movetivate shares your concern about the security of information you may submit to Movetivate’s websites and the related mobile applications and services (collectively, the “Services”). Our privacy policy (the “Privacy Policy”) explains the information we collect, how we use and share it, how to manage your privacy settings and your rights in connection with the Services. Please also read the Terms of Service www.movetivate.org/app-support/ which sets out the terms governing the Services.

The Services are provided to you by Commenda LLC.

Questions or comments about this Privacy Policy may be submitted by mail to the address below or via www.movetivate.org/app-support/.

We Collect, Use, Share and Otherwise Process Information

Movetivate relies on a number of legal bases to collect, use, share, and otherwise process the information we have about you for the purposes described in this Privacy Policy, including:

  • as necessary to provide the Services and fulfill our obligations pursuant to the Terms of Services www.movetivate.org/app-support/. For example, we cannot provide the Services unless we collect and use your location and activity information;
  • where you have consented to the processing, which you can revoke at any time. For example, you may consent to the processing of health-related information;
  • where necessary to comply with a legal obligation, a court order, or to exercise and defend legal claims;
  • to protect your vital interests, or those of others, such as in the case of emergencies;
  • where you have made the information public;
  • where necessary in the public interest; and
  • where necessary for the purposes of Movetivate’s or a third party’s legitimate interests, such as those of visitors, users or partners.

Legitimate Interests

We process your information in furtherance of our legitimate interests, including:

  • providing and improving the Services, including any personalized Services. We do so as it is necessary to pursue our legitimate interests of providing and developing innovative and tailored offerings to our users on a sustained basis; and
  • keeping the Services safe and secure. We do so as it is necessary to pursue the legitimate interests of Movetivate and its users in ensuring the Services are secure, and to protect against fraud, spam and abuse, etc.

Information Movetivate Collects

Movetivate collects information about you, including information that directly or indirectly identifies you, if you or your other users choose to share it with Movetivate. We receive information in a few different ways, including when you track, complete or upload activities using the Services. Movetivate also collects information about how you use the Services. There are also several opportunities for you to share information about yourself and your activities with Movetivate. For example:

  • We collect basic account information such as your name, email address, date of birth, gender, username and password that helps secure and provide you with access to our Services.  We also collect credit card information from challengers to allow for creation of a challenge.
  • Profile and use information is collected about you when you choose to upload a picture, activity (including date, time and geo-location information as well as your speed and pace) or post, view others’ activities, or otherwise use the Services.
  • You can choose to add your contacts’ information to connect with your contacts on Movetivate and to send them your activity information while using the Services. If you choose to use these features, Movetivate will access and store your contacts’ information in accordance with your instructions. By submitting such contact information, you confirm that you have the authority to use and share such information.
  • We gather information from the photos, posts, comments, kudos and other content you share on the Services, including when you participate in partner events or create challenges.
  • When you make a payment on Movetivate, you may provide payment information such as your payment card or other payment details. We use Payment Card Industry compliant third-party payment services and we do not store your credit card information.
  • We gather, process and store banking information when you elect to redeem a cash reward.  Our payment processor also stores banking information when you redeem a cash reward.
  • We collect and process location information when you sign up for and use the Services. To record your activity and validate a challenge, it is necessary to collect and record the physical location of your device including, data such as speed and direction. Processing of your location and activity data is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
  • Movetivate allows you to sign up and log in to the Services using accounts you create with third-party products and services, such as Facebook (collectively, “Third-Party Accounts”). If you access the Services with Third-Party Accounts we will collect information that you have agreed to make available such as your name, email address, profile information and preferences with the applicable Third-Party Account. This information is collected by the Third-Party Account provider and is provided to Movetivate under their privacy policies. You can generally control the information that we receive from these sources using the privacy settings in your Third-Party Account.
  • To help us to provide you with the best possible service, you can choose to provide us with your contact information so we can better respond to your support requests and comments.
  • We also obtain additional third party information about users from marketers, partners, researchers, and others. We may combine information that we collect from you with information obtained from other users, third parties and information derived from any other subscription, product, or service we provide. We may also collect information about you from other users such as when they give you kudos or comment about you.
  • We collect information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Services. This technical information includes device and network information, cookies, log files and analytics information.

Cookies and Similar Technologies

When you visit the Services, a cookie will be stored on your computer. Generally, cookies and similar technologies work by assigning to your browser or device a unique number that has no meaning outside of Movetivate. Movetivate uses these technologies to personalize your experience and to assist in delivering content specific to your interests.

Most browsers automatically accept cookies. To manage the collection of information through cookies or other equivalent technology you can use the settings on your browser or mobile device. Movetivate is committed to providing you choices to manage your privacy and sharing. However, Movetivate does not recognize or respond to browser-initiated Do Not Track signals, as the internet industry has not fully developed Do Not Track standards, implementations and solutions. Not accepting cookies may make certain features of the Services unavailable to you. Movetivate may also use your IP address to identify you, to administer the Services and to assist in diagnosing problems with Movetivate’s servers.

Social Media

When you participate in various social media forums like Facebook, Twitter, Yammer, Pinterest, Instagram, LinkedIn, etc., you should be familiar with and understand the tools provided by those sites that allow you to make choices about how you share the personal data in your social media profile(s).

Movetivate is bound by the privacy practices or policies of these third parties, so we encourage you to read the applicable privacy notices, terms of use and related information about how your personal data is used in these social media environments.

Also, depending on the choices you have made regarding your settings on various social media sites (and/or in combination with your settings on the Movetivate pages), certain personal data may be shared with Movetivate about your online activities and social media profiles (e.g. interests, marital status, gender, user name, photo, comments and content you have posted/shared etc.).

Log Files

The Services use log files. Stored information includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer, protect and secure the Services, track member movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc., may be linked to session IDs, athlete IDs and device identifiers.

IF YOU ARE UNDER 18 YEARS OF AGE

The Services are not directed to persons under 18 years of age.  If you believe that we have collected information about a person under the age of 18, please contact us via www.movetivate.org/app-support/ so that we may take appropriate steps to delete such information.

How We Use Information

Movetivate uses the information we collect and receive to administer and operate the Services and as otherwise described in this Privacy Policy. Subject to applicable privacy settings, your information, including your profile, username, photos, users you follow and who follow you, your activities, and kudos and comments you give and receive will be shared on Movetivate to participate in the Services. Location information, both your approximate location and location of your challenges, may also be shared on Movetivate to other users (in accordance with your settings).

We also use your information to analyze, develop and improve the Services. To do this, Movetivate may use third party analytics providers to gain insights into how our Services are used and to help us improve the Services. We may also use your information to market the Services, credit or accept payments, provide support related to the Services, protect users and enforce our Terms of Service www.movetivate.org/app-support/, promote safety, and communicate with you. Additionally, your information may be shared with third parties, as set forth below.

Movetivate may de-identify or aggregate the content you make available in connection with the Services, in ways that do not personally identify you. Examples of such aggregated information or statistical data include information about usage, demographics, routes and performance. Movetivate may use, sell, license, and share this information with third parties for research, business or other purposes. Please contact us if you object to Movetivate using your information for these purposes.

We use your information to communicate with you about the Services, send you marketing communications (where you have agreed to receive such messages), or let you know about new features or updates to our Terms of Service www.movetivate.org/app-support/. We also use your information to respond to you when you contact us. Movetivate will use your information to communicate with you, for example by sending you notifications.

How Information is Shared

Service Providers

We may share your information with third parties who provide services to Movetivate such as supporting and improving the Services, promoting the Services, processing payments, or fulfilling orders. These service providers will only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We may also engage service providers to collect information about your use of the Services over time on our behalf so that we or they may promote Movetivate or display information that may be relevant to your interests on the Services or other websites or services.

Publicly Available Information

Subject to your privacy settings, your information and content may be publicly accessible.

Third Party Business via API or Other Integrations

When you choose to use third party apps, plug-ins, or websites that integrate with the Services, they may receive your information and content, including your personal information, photos, and your activity data (including private activities). Information collected by these third parties is subject to their terms and policies. Movetivate is not responsible for the terms or policies of third parties.

Affiliates and Acquirors of our Business or Assets

We may share your information with affiliates under common control with us, who are required to comply with the terms of this Privacy Policy with regard to your information. If Movetivate becomes involved in a business combination, securities offering, bankruptcy, reorganization, dissolution or other similar transaction, we may share or transfer your information in connection with such transaction.

Legal Requirements

We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that disclosure is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Service www.movetivate.org/app-support/ or fraud or abuse of Movetivate or its users, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.

DMCA Notices

We may share your information with third parties when we forward Digital Millennium Copyright Act (DMCA) notifications, which will be forwarded as submitted to us without any deletions.

How We Protect Information

We take several measures to safeguard the collection, transmission and storage of the data we collect. Although we strive to employ reasonable protections for your information that are appropriate to its sensitivity, we do not guarantee or warrant the security of the information you share with us and we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content. No system including ours is 100% secure. The Services uses industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information and credit card numbers.

To help ensure that these measures are effective in preventing unauthorized access to your private information, you should be aware of the security features available to you through your browser. You should use a security-enabled browser to submit your credit card information and other personal information at the Services. Please note that if you do not use a SSL-capable browser, you are at risk for having data intercepted.

Disclaimer

While Movetivate continues to work hard to protect your personal information, no data transmission over the Internet can be guaranteed to be absolutely secure, and Movetivate cannot ensure or warrant the security of any information you transmit to Movetivate. Transmit personal information via the Services at your own risk.

Managing Your Settings

Privacy Settings

Movetivate offers several features and settings to help you manage your privacy and how you share your activities. You can manage your location visibility by clicking the upper right icon within the Fitmap. You may decline friend requests and delete friends, which controls who can contact you and see your activities. Managing friends can be done in the Profile section, under Your Friends.

Account Information

Users may correct, amend or update profile or account information that is inaccurate at any time by adjusting that information in account settings.

Deleting Information and Accounts

You may request that your account is deleted by contacting us at www.movetivate.org/app-support/.  Once deleted, your data, including your account, activities and place on leaderboards cannot be reinstated.

Content you have shared with others or that others have copied may also remain visible after you have deleted your account or deleted the information from your own profile.

Retention of Information

Movetivate retains your personal data for as long as required to satisfy the purpose for which they were collected and used (for example, for the time necessary for us to send you the newsletters you subscribed to, to provide you with customer service, answer queries or resolve technical problems, etc.), unless a longer period is necessary for our legal obligations or to defend a legal claim.

If you have created a Movetivate account, we will delete that account and your personal data upon your request or 30 days after it has become inactive. We will consider your account ‘inactive’ when you haven’t used your Movetivate account for a period of 365 days. Before your account becomes inactive, we will notify you to use your Movetivate account to prevent your account from being inactive. When we cancel your account, your personal data will be deleted.  Also, if we need to store certain types of your personal data for a longer period due to legal requirements, we will store such data in accordance with the mandatory periods.

Privacy Policy Information

We may change this privacy policy from time to time by posting the updated version of the privacy policy on our websites and applications. We will give you reasonable notice on our websites of any material change. The “effective date” at the top of this policy indicates when such changes will take effect. We encourage you to visit frequently to stay informed about how we use your personal data.  If you disagree with any of the terms of this privacy policy delete your account and all versions of the application on your devices.