We believe that transparency is the key to any healthy relationship. At My Motion, we are all about healthy attitudes. We appreciate that you are trusting us with information that is important to you, and we want to be transparent about how we use it. That’s why we treat any data that relates to an identified or identifiable individual or that is linked or linkable to them by My Motion as “personal data,” no matter where the individual lives. This means that data that directly identifies you — such as your name — is personal data, and data that does not directly identify you, but that can reasonably be used to identify you, is personal data.

Here we describe the privacy practices for our devices, applications, software, websites, APIs, products, and services (the “Services”). You will learn about the data we collect, how we use it, the controls we give you over your information, and the measures we take to keep it safe.

INFORMATION WE COLLECT

When you use our Services, we collect the following types of information.

INFORMATION YOU PROVIDEUS

ACCOUNT INFORMATION

Some information is required to create an account on our Services, such as your name, email address, date of birth, gender, height, weight, and in some cases your mobile telephone number. This is the only information you have to provide to create an account with us.

ADDITIONAL INFORMATION  

If you contact us or participate in a survey, contest, or promotion, we collect the information you submit such as your name, contact information, and message.

LIVE EXERCISE RECORDINGS

Our live exercise recordings are a platform for you to communicate with a specialist to progress your programme. Specialists may be provided by third parties, such as our third-party coaching service providers. If you complete an exercise recording, we collect information about such use, including the plan, goals and actions you record with your specialist, your calendar events, communications with your specialist, notes your specialist records about you, and other information submitted by you or your specialist.

INFORMATION WE RECEIVE FROM YOUR USE OF OUR SERVICES

DEVICE INFORMATION

The device used to record your live exercises collects data to estimate a variety of metrics. The data collected varies depending on which exercises your data collector chooses. When your device syncs with our applications or software, data recorded on your device is transferred from your device to our servers.

GEOLOCATION INFORMATION

The Services include features that use precise geolocation data, including GPS signals, device sensors, Wi-Fi access points, and mobile mast IDs. We collect this type of data if you the Data Collector grants us access to their location. You can request that the Data Collector removes our access using their mobile device settings. We may also derive your approximate location from the IP address.

USAGE INFORMATION

When the Data Collector accesses or uses our Services, we receive certain usage or network activity information. This includes information about your interaction with the Services, for example, when they view or search content, install applications or software, create or log into their account, pair their device to their account, or open or interact the My Motion application.

INFORMATION WE RECEIVE FROM THIRD PARTIES

If you choose to connect your account on our Services to your account on another service, we may receive information from the other service. For example, if you connect to Facebook or Google, we may receive information like your name, profile picture, age range, language, email address, and friend list. You may also choose to grant us access to your exercise or activity data from another service. You can stop sharing the information from the other service with us by removing our access to that other service.

We may partner with third parties, such as employers, ambassadors and insurance companies that offer My Motion services to their employees and customers. In such cases, those companies may provide us with your name, email address or similar information (like a telephone number or subscriber ID) so that we can invite you to participate or determine your eligibility for particular benefits, such as discounts or free services.

HOW WE USE INFORMATION

We use the information we collect for the following purposes:

PROVIDE AND MAINTAIN THE SERVICES

Using the information we collect; we are able to deliver the Services to you and honour our Terms of Service contract with you. For example, we need to use your information to provide you with your My Motion exercises, activity, and other trends.

When using the live exercise recordings, we use your information to connect you with specialists, which allow you to communicate with them through our Services, and help you achieve your goals to lead a healthier, more active life. For example, the goals that you provide allow you to develop a personal plan and set of actions in consultation with your specialist.

IMPROVE, PERSONALISE AND DEVELOP THE SERVICES

We use the information we collect to improve and personalise the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new features and services.

When you allow us to collect precise location information, we use that information to provide and improve features of the Services such as recording where a workout took place or mapping an activity.

We also use your information to make inferences and show you more relevant content. Here are some examples:

• Information like your height, weight, gender and age allows us to improve the accuracy of your daily exercise and activity statistics like the number of calories you burned and the distance you travelled.
• We may personalize exercise and activity goals for you based on the goals you previously set and your historical exercise or activity data.

COMMUNICATE WITH YOU

We use your information when needed to send you service notifications and respond to you when you contact us. We also use your information to promote new features or products that we think you would be interested in. You can email us to update your notification preferences in by emailing [email protected].

PROMOTE SAFETY AND SECURITY 

We use the information we collect to promote the safety and security of the Services, our users and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits and enforce our terms and policies. 

We use cookies and similar technologies for the purposes described above.

HOW INFORMATION IS SHARED

We never sell the personal information of our users. We do not share your personal information except in the limited circumstances described below.

WHEN YOU AGREE OR DIRECT US TO SHARE

You may direct us to disclose your information to others. For certain information, we provide you with privacy preferences in account settings and other tools to control how your information is visible to other users of the Services. You may also direct us to share your information in other ways, for example, when you give a third-party application access to your account. Remember that their use of your information will be governed by their privacy policies and terms. You can revoke your consent to share with third-party applications by emailing us at [email protected].

FOR EXTERNAL PROCESSING

We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology, payments, sales, marketing, data analysis, research, and surveys.

FOR LEGAL REASONS OR TO PREVENT HARM

We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

Please note: Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.

We may share non-personal information that is aggregated or

de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about exercise and activity, to partners under agreement with us, or as part of the community benchmarking information we provide to users of our subscription services.

If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give affected users notice before transferring any personal information to a new entity.

YOUR RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL DATA

We give you the tools to access and control your personal data, as described below, regardless of where you live. If you live in certain jurisdictions, you may have legal rights with respect to your information, which your account settings and tools allow you to exercise, as outlined below.

Editing and Deleting Data If your data needs to be edited or deleted, please speak to your Data Collector, or email [email protected]. For instance, you can edit or delete the profile data you provide and delete your account if you wish.

If you choose to delete your account, please note that while most of your information will be deleted within 30 days, it may take up to 90 days to delete all of your information, like the data recorded by your My Motion application and other data stored in our backup systems. This is due to the size and complexity of the systems we use to store data. We may also preserve data for legal reasons or to prevent harm.

DATA RETENTION  

We keep your account information, like your name, email address, and password, for as long as your account is in existence because we need it to operate your account. In some cases, when you give us information for a feature of the Services, we delete the data after it is no longer needed for the feature. We keep other information, like your exercise or activity data, because we use this data to provide you with your personal statistics and other aspects of the Services. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm.

ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS

We work with partners who provide us with analytics and advertising services. This includes helping us understand how users interact with the Services, serving advertisements on our behalf across the internet, and measuring the performance of those advertisements. These companies may use cookies and similar technologies to collect information about your interactions with the Services and other websites and applications.

OUR POLICIES FOR CHILDREN

We appreciate the importance of taking additional measures to protect children’s privacy.

Parents or guardians must consent to the use of their child’s data if the child is under 16, children under the age of 13 cannot partake in Data Collection.  In addition to this, the email address used for an >16 should be that of a parent or guardian, unless the parent or guardian consents to the use of the child’s email.

Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to partake in Data Collection. If we learn that we have collected the personal information of a child under the relevant minimum age, we will take steps to delete the information as soon as possible. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at [email protected]

INFORMATION SECURITY

We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to maintain the security of your data. No method of transmitting or storing data is completely secure; however, if you have a security-related concern, please email [email protected]

OUR INTERNATIONAL OPERATIONS AND DATA TRANSFERS

We operate internationally and transfer information to the United States and other countries for the purposes described in this policy.

We rely on multiple legal bases to lawfully transfer personal data around the world. These include your consent and EU Commission approved model contractual clauses, which require certain privacy and security protections. You may obtain copies of the model contractual clauses by contacting us.

Please note that the countries where we operate may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. You agree to this risk when agree to be a client for Data Collection click “I agree” to data transfers, irrespective of which country you live in. If you later wish to withdraw your consent, you can email us at [email protected].

  EUROPEAN PRIVACY DISCLOSURES

If you live in the European Economic Area (EEA), United Kingdom (UK) or Switzerland, please review these additional privacy disclosures under the European Union’s General Data Protection Regulation (“GDPR”).

HEALTH AND OTHER SPECIAL CATEGORIES OF PERSONAL DATA

To the extent that information we collect is health data or another special category of personal data subject to the GDPR, we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you pair your device to your account. You can withdraw your consent at any time, including by stopping use of a feature, removing our access to a third-party service or deleting your data or your account.  To do this please speak to your Data Collector or email [email protected].

OUR LEGAL BASES FOR PROCESSING PERSONAL DATA

For personal data subject to the GDPR, we rely on several legal bases to process the data, including:

When you have given your consent, which you may withdraw at any time 

• When the processing is necessary to perform a contract with you, like the Terms of Service; and
• Our legitimate business interests, such as in improving, personalising, and developing the Services, marketing new features or products that may be of interest, and promoting safety and security.

HOW TO EXERCISE YOUR LEGAL RIGHTS

Under the GDPR, you have a general right to object to the use of your information for direct marketing purposes. Please note that you can always delete your account at any time.

If you need further assistance regarding your rights, please contact our Data Protection Officer at [email protected], and we will consider your request in accordance with applicable laws. You also have a right to lodge a complaint with your local data protection authority.