Privacy Policy

EFFECTIVE DATE: October 9, 2020

In this Privacy Policy (“Policy”), we describe how Motify Inc. (“Motify”) collects, uses, and discloses information that we obtain about visitors to our website www.motify.com (the “Site”), users of our mobile application (the “App”), and the services available through our Site and App (collectively, the “Services”).

By visiting the Site, using or downloading the App, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site, App, or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service including its applicable limitations on damages and the resolution of disputes. The Motify Terms of Service are incorporated by reference into this Policy.

The Information We Collect About You

We collect information about you directly from you and from other entities, and automatically through your use of our Site, App, and Services.

Information We Collect Directly From You.

The information we collect from you depends on how you use our Services and whether you are a user of our Services or a trainer.

  • Your account. If you choose to create an account on our Site or App, then we collect your name, gender, email address and a password. You also may choose to provide your height, weight, age, activity levels, fitness goals, and health or physical condition. In addition, you may choose to create a profile that will be visible to all users of our Site, App, and Services and you may include a photo of yourself, for example, to show personal progress made using our Services. You may also provide input about our Services on the Site and App, including reviews of our classes, trainers and video content.

    Please note that you are not required to create an account to use all of our Services. For example, you may view pre-recorded training sessions or track your caloric intake without creating an account. If you do not create an account, you will not be able to use all features of our Services, such as our enhanced service offerings, including our 1-to-1 training sessions and Motify Plus consulting services, and our dashboards and other ways of tracking and analyzing your fitness metrics and goals.

  • Our Online Classes; 1-to-1 Sessions; Motify Plus. You can let others know that you are participating in a class by sharing your profile picture on the link to that class on our Site or App. When you use Motify Plus, we will ask you for information about your diet, eating and exercise habits, and physical health and medical history. We will also ask for your phone number, so that we can call you to discuss your program, including your current habits and goals. We provide our 1-to-1 services and some of our Motify Plus services using video streaming/calls, and we record video sessions for quality and training purposes. When you use our 1-to-1 services or subscribe to Motify Plus on the Site or App, we will ask permission to access your microphone and camera to operate the video call to you. We will also collect information that you provide through our chat feature if you choose to chat with your trainer after your session.

  • Our App. When you create an account on our App, you provide us with the information described above; we will also ask your permission to use your information to send you push notifications. If you submit a request to refer a friend to our Services, we will ask for permission to access your address book to fulfil that request. If you provide the information to us, we will track information about you, such as your caloric intake or steps taken. You can use our App without creating an account, but the functionality will be limited. For example, if you do not create an account, you will not be able to invite friends to participate in our Services, view dashboards compiling your fitness information, or post messages or reviews to our Services. If you use our App without creating an account, we will still collect information about you using a unique identification number, such as the fitness areas that interest you and your goals.

  • Purchasing Products. If you make a purchase, we or our services providers who process payments on our behalf will collect your payment information, such as your credit or debit card information and your billing and shipping address. We will share information we collect with our service providers who process payments on our behalf and they will share your information with us.

  • Telephone. If you choose to provide it to us, we will collect your cellular/mobile or other telephone number, so that we may contact you, including by text message, with service related messages, or where permitted by applicable law, for marketing purposes.

  • Contests. If you participate in one of our contests, we will request information from you such as your name and email address, and other information as described in the rules of a specific contest. We will use that information, including to operate the contest and to contact you about prizes or with other information if you win.

  • Contacting Us. If you contact us, including to request newsletters or other information from us, we will collect your name, email address and any other information that you choose to provide. When you use our chat feature, we will collect and store the information that you provide while using that feature. We use the information collected through our chat feature to provide our Services to you, including to perform analytics that may improve our Services, and for quality and training purposes.

  • Surveys and Questionnaires. If we administer surveys or questionnaires, we or our service providers who assist us will collect the information that you provide in response.

  • Trainers. If you want to become a Motify trainer you can apply on our Site, and when this feature is available, our App, by providing your name, telephone number, email address, and Instagram handle (if you have one) and we will contact you with more information. We will request additional information from you such as your date of birth, social security number, driver’s license or identification number, bank or financial information, educational and professional background. If you become a trainer, we will post information about you such as your photo, recordings of trainings you have performed, and reviews that users have submitted about you. We will also compile ratings based on reviews submitted by users, and post those ratings to your profile on our Site and App. When a user schedules a 1-to-1 session with you, we will share your name and email address with that user.

Information We Collect From Other Entities.
  • Purchasing Products and Services. If you use the Apple AppStore or GooglePlay to purchase classes, Apple or Google will determine what information it collects from you in order to complete your purchase and it will share your information with us. When you pay for classes using the Apple App Store or Google Play App Store, Apple’s or Google’s privacy policies will apply to their use of information they collect from you and this Policy will apply to our use of information they share with us.

Information that We Collect About You from Social Networking Sites.

You also may log into our Services through your social networking accounts, including Facebook and using your Apple credentials. If you do this, we obtain information from these sites as follows:

  • Facebook If you log into our Services using Facebook, you must enter your Facebook login information. We will ask that you grant us permission to: (i) access and collect your Facebook basic profile information (this includes your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any other information you have set to public on your Facebook account); and (ii) access your list of friends, so that you can use the feature that allows you to find your Facebook friends who use our App. If you allow us to have access to this information, then we will have access to this information even if you have chosen not to make that information public on Facebook.

  • Apple If you log in to our Services using your Apple credentials, Apple will share your email address with us.

We store the information that we receive from Facebook and Apple with other information that we collect from you or receive about you. Any social networking site controls the information it collects from you. For information about how they may use and disclose your information, including any information you make public, please consult their respective privacy policies. We have no control over how any other site uses or discloses the personal information it collects about you.

Information We Collect Automatically.

We and our service providers automatically collect information about your use of our Site and App through cookies, web beacons, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information, and may use it for the purposes set forth below.

When you visit our Site, we automatically collect the following information about you:

  • domain name;

  • your browser type and operating system;

  • web pages you view on the Site;

  • links you click on the Site;

  • your device ID;

  • your IP address;

  • the length of time you visit our Site and use our Services; and

  • the referring URL, or the webpage that led you to our Site.

When you use our App, we automatically collect the following information about you:

  • mobile device ID;

  • device name and model;

  • operating system type, name, and version;

  • language information;

  • activities within the App;

  • pages that you view on the App;

  • the length of time that you are logged into our App; and

  • location information.

Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

  • Transactional Purposes: To provide our Services to you and to fulfill your orders.

  • Contests: To operate our contests in accordance with the contest rules, including to notify you if you win.

  • Customer Service: To communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes.

  • Customization: To tailor the content and information that we may send or display to you and personalized help and instructions, and to otherwise personalize your experiences while using the Services.

  • Advertising and Marketing: To send you newsletters and email marketing and, where permitted by applicable law, text messages about our products and services; to assist us in advertising on other websites, mobile apps, and other online services; and to evaluate the success of our adverting campaigns through other channels (including our online targeted advertising and offline promotional campaigns).

  • Administration: To better understand how users access and use our Services, both on an aggregated and individualized basis. For example, we will evaluate which features of our Site and App are used most by users, and we will use this information.

  • Research, Development and Analytical Purposes: For research and analytics purposes.

  • Surveys and Questionnaires: To administer surveys and questionnaires, such as for market research or member satisfaction purposes.

  • Compliance: To comply with legal obligations, as part of our general business operations, and for other business administration purposes.

  • Protection: Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Policy.

How We Share Your Information

We may share your information, including personal information, as follows:

  • Service Providers. We disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf. These service providers include entities who assist us in streaming live content to you, entities that assist us in performing marketing activities, including targeted advertising, and other entities who provide services related to the hosting and administration of our Site, App and Services.

  • Affiliates. We disclose the information we collect from you to our affiliates or subsidiaries.

  • Facebook Users. Your username, list of friends and profile picture will be visible to all other Motify users, regardless of whether they are your Facebook friends.

  • Other Users. Your user name and any information that you post to our Services, including, without limitation, reviews, comments, and text will be available to, and searchable by, all users of the Site, App and Services. In addition, you may choose to allow other registered users and visitors to our Site or App to view certain of your statistics, including the number of calories you have burned, hours trained, and number of steps you have taken. You can also share this and other information about the use of our Services, including the number of friends you have invited to participate in our Services, the number of trainings you have participated in, and items you have received through our rewards program, to your social media profiles.

  • Contest Results. If you participate in one of our contests, we may share information about you when we post the contest results to our Site, App or on social media.

  • Television Streaming Services. If you choose to stream sessions on our App to your TV or Apple TV using AirPlay, the providers of those services will have access to that content and related information about you.

We also disclose information in the following circumstances:

  • Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and advisors, including attorneys and consultants.

  • In Response to Legal Process. We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

  • To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.

  • Aggregate and De-Identified Information. We share aggregate, anonymized, or de-identified information about users with other entities for marketing, advertising, research or similar purposes.

Our Use of Cookies and Other Tracking Mechanisms

We and our service providers use cookies and other tracking mechanisms to track information about your use of our Site, App or Services. We may combine this information with other personal information we collect from you (and our service providers may do so on our behalf).

Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, App and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site, App and Service. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site, App and Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site, App and Services.

  • Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies.

Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site, App and Services who disable cookies will be able to browse certain areas of the Site and App, but some features may not function.

Flash Local Storage Objects.

We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

Clear GIFs, pixel tags and other technologies.

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Analytics.

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site, and to the extent permitted, our App. We also may use other analytic means to evaluate our Site and App. We use these tools to help us improve our Site’s and App’s performance and user experiences. The entities operating these tools may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent your data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Cross-Device Use.

We and our service providers, including Google, may use the information that we collect about you (whether directly from our Site, from our App, through your device(s), or from another entity) to help us and our service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer). We and our service providers also may use the cross-device use and other information we learn about you to serve targeted advertising on your devices and to send you emails. To opt-out of cross-device advertising, you may follow the instructions set forth in the Ad Networks section below. Please note: if you opt out of these targeted advertising cookies, your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt out each browser or device that you use.

Do-Not-Track.

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt out of targeted advertising by following the instructions in the Ad Networks section.

Ad Networks

We use unaffiliated entities such as network advertisers, providers, sponsors and/or traffic measurement services (“Advertisers”) to serve advertisements on our Site, App, and on other entities’ websites or other media (e.g., social networking platforms). This enables us and these Advertisers to target advertisements to you for products and services in which you might be interested. Advertisers may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to collect information about you, to measure the effectiveness of their ads and to personalize advertising content to you. These cookies and other technologies are governed by each Advertiser’s specific privacy policy, not this one. We may provide our Advertisers with information, including personal information, about you.

We participate in the Facebook Custom Audience program. We share your email address with Facebook, which will assist in delivering relevant advertising to our customers who also use Facebook. Please refer to Facebook’s privacy policy for additional information.

Users in the United States may opt out of many ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site, App, Services, or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at www.aboutads.info or the NAI's website at www.networkadvertising.org.

User Generated Content

We invite you to post content on our App and Site, including your comments, pictures, reviews of our trainers, and any other information that you would like to be available on our Site and App. If you post content to our Site or App, your name, photo and all of the information that you post will be available to all users on our Site or App. If you post your own content on our Site or App, your posting may become public and Motify cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

Our Site, App, and Services may contain links to other entities’ websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those websites. We are not responsible for the information practices of such websites.

Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Access To My Personal Information

You may modify certain personal information that you have submitted by logging into your account and updating your profile information. You may also email us at address provided below and request that we update or correct information that we have about you. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or App for a period of time.

What Choices Do I Have Regarding Use of My Personal Information?

We may send periodic promotional emails to you. You may opt out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

Children Under 13

Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at service@motify.com.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and App. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and App.