MotionVibe Privacy Policy

MotionVibe Innovations, LLC (“MotionVibe”) is aware of the importance of privacy for many individuals. We are committed to supporting the best privacy practices and seek to allow users to control their information sharing where possible.

Our mission is to empower people to achieve their fitness aspirations by seamlessly connecting them with their fitness networks, community, and friends. Any registered user can share messages with the public, friends, and connected networks, including other content like photos, videos, and links to other websites. Users may also track their fitness and earn rewards.

This Privacy Policy describes how and when MotionVibe collects, uses and shares your information when you use our Services. MotionVibe receives your information through our various websites, SMS, APIs, email notifications, applications, buttons, and widgets (the "Services" or " MotionVibe"). For example, you send us information when you use MotionVibe from our website, post or receive “Vibes” (or “Shares”) via SMS, or access MotionVibe from an application such as MotionVibe for Mac, MotionVibe for Android or MotionVibe.com. When using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Irrespective of which country you reside in or supply information from, you authorize MotionVibe to use your information in the United States and any other country where MotionVibe operates.

If you have any questions or comments about this Privacy Policy, please contact us at support@motionvibe.com.

Information Collection and Use

We collect and use your information below to provide our Services and to measure and improve them over time.

Information Collected Upon Registration: When you create or reconfigure a MotionVibe account, you provide some personal information, such as your name, gender, password, and email address. Some of this information, for example, your name, is listed publicly on our Services, including on your profile page and in search results. Some Services, such as search, public user profiles and viewing lists, do not require registration.

Additional Information: You may provide us with profile information to make public, such as a short biography, your location, your contact information, your website, or a picture. You may provide information to customize your account, such as a cell phone number for the delivery of SMS messages. We may use your contact information to send you information about our Services or to market to you. You may use your account settings to unsubscribe from notifications from MotionVibe. You may also unsubscribe by following the instructions contained within the notification or the instructions on our website. We may use your contact information to help others find your MotionVibe account, including through third-party services and client applications. Your account settings control whether others can find you by your email address or cell phone number. You may choose to upload your address book so that we can help you find MotionVibe users you know. We may later suggest people to connect with on MotionVibe based on your imported address book contacts or network affiliation, which you can delete from MotionVibe at any time. If you email us, we may keep your message, email address and contact information to respond to your request. If you connect your MotionVibe account to your account on another service in order to cross-post between MotionVibe and that service, the other service may send us your registration or profile information on that service and other information that you authorize. This information enables cross-posting, helps us improve the Services, and is deleted from MotionVibe within a few weeks of your disconnecting from MotionVibe your account on the other service. You may also choose to track your fitness lifestyle using MotionVibe, thereby recording your physical measurements, workout history, and related stats. Providing the additional information described in this section is entirely optional.

Shares, Tips, Comments and other Public Information: Our Services are primarily designed to help you share information within the fitness ecosystem and community. Most of the information you provide us is information you are asking us to make public. This includes not only the messages you share and the metadata provided with Shares and Tips, such as when you “Vibe with” connections, networks, or people, but also the lists you create, the people you connect with, the shares you mark as favorites or reshare, and many other bits of information that result from your use of the Services. Our default is almost always to make the information you provide public for as long as you do not delete it from MotionVibe, but we generally give you settings to make the information more private if you choose. Your public information is broadly and instantly disseminated. For instance, your public user profile information and public Shares, Comments, and Vibes may be searchable by search engines and are immediately delivered via SMS and our APIs to a wide range of users and services. When you share information or content like photos, videos, and links via the Services, you should think carefully about what you are making public.

Location & Check In Information: You may choose to publish your location or Check Ins in your Shares and in your MotionVibe profile. You may also tell us your location when you set your trend location on MotionVibe.com or enable your computer or mobile device to send us location information. You can set your location & check in preferences in your account settings. We may use and store information about your location to provide features of our Services, such as Checking in, Sharing comments, issuing Tips at your location, and to improve and customize the Services, for example, with more relevant content like local trends, stories, ads, and suggestions for people to follow. We may provide this information to our partner networks, corporations, and sponsors as a means to provide you better services and rewards throughout MotionVibe and the supporting fitness lifestyle ecosystem. You may also choose to share this information with friends, workout buddies, fitness networks, and fitness professionals. Your sharing of check ins with friends and the public is optional with related privacy permissions located in your account settings. Check ins affiliated with a particular network you are affiliated with may require your identity to be tracked by MotionVibe and the network as a means to allow you to participate in a particular network service, such as fitness program registration, personal training, and related activities.

Links: MotionVibe may keep track of how you interact with links across our Services, including our email notifications, check ins, motion registration, class registration, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on. This information may be shared with partner networks you may be affiliated with as a means to improve the services offered by both MotionVibe and your affiliated networks.

Cookies: Like many websites, we use "cookie" technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services such as searching and looking at public user profiles or lists. A cookie is a small data file that is transferred to your computer's hard disk. MotionVibe may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable cookies.

Log Data: Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your MotionVibe account to authenticate to a third-party website or application, or visit a third-party website that includes a MotionVibe button or widget. MotionVibe uses Log Data to provide our Services and to measure, customize, and improve them. If not already done earlier, for example, as provided below for Widget Data, we will either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after 18 months.

Widget Data: We may tailor content for you based on your visits to third-party websites that integrate MotionVibe buttons or widgets. When these websites first load our buttons or widgets for display, we receive Log Data, including the web page you visited and a cookie that identifies your browser (" Widget Data"). After a maximum of 10 days, we start the process of deleting or aggregating Widget Data, which is usually instantaneous but in some cases may take up to a week. While we have the Widget Data, we may use it to tailor content for you, such as suggestions for people to follow on MotionVibe. Tailored content is stored with only your browser cookie ID and is separated from other Widget Data such as page-visit information. This feature is optional and not yet available to all users. If you want, you can suspend it or turn it off, which removes from your browser the unique cookie that enables the feature. For Shares, Vibes, Check Ins, Log Data, and other information that we receive from interactions with MotionVibe buttons or widgets, please see the other sections of this Privacy Policy.

Third-Party Service Providers: Use of third party apps developed using our API are subject to the terms of use and privacy policies of such third party developers. Certain Personal Information may be made available to third party developers if you or your "friends" use these third party apps. You should review the policies of third party apps and websites to ensure that you are comfortable with the ways in which they use the information you share with them. We do not guarantee that they will follow our rules or our Privacy Policy. Note that your friends will be able to see which third party apps that you use.

Sharing with our Partners & Business Transfers

• Our Partners: In addition to the data sharing described above, we enter into relationships with a variety of businesses and work closely with them. In certain situations, these businesses sell items or provide promotions to you through MotionVibe's Service. In other situations, MotionVibe provides services, or sells products jointly with these businesses. You can easily recognize when one of these businesses is associated with your transaction, and we will share your Personal Information that is related to such transactions with that business, unless you have elected not to be solicited by marketing partners during the registration process or through the account settings page.

• Business Transfers: If MotionVibe or substantially all of its assets are acquired, or in the unlikely event that MotionVibe goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.

• Protection of MotionVibe and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the law, including laws outside your country of residence; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of MotionVibe, our employees, our users, or others. This includes exchanging information with other companies and organizations (including outside of your country of residence) for fraud protection and credit risk reduction.

Information Sharing and Disclosure

We do not disclose your private personal information except in the limited circumstances described here.

Your Consent: We may share or disclose your information at your direction, such as when you authorize an affiliated network, authorize a network professional, third-party web client or application or device to access your MotionVibe account.

Service Providers: We engage service providers to perform functions and provide services to us in the United States and abroad. We may share your private personal information with such service providers subject to confidentiality obligations consistent with this Privacy Policy, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions.

Law and Harm: Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect MotionVibe's rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

Business Transfers: In the event that MotionVibe is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.

Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public Shares, Check Ins, Achievements, Favorites, Lists, Stats, the people you connect with or that connect with you, or the number of users who clicked on a particular link (even if only one did).

Modifying Your Personal Information

If you are a registered user of our Services, we provide you with tools and account settings to access or modify the personal information you provided to us and associated with your account.

You can also permanently delete your MotionVibe account. If you follow the instructions within your account settings, your account will be deactivated and then deleted. When your account is deactivated, it is not viewable on MotionVibe.com. For up to 30 days after deactivation it is still possible to restore your account if it was accidentally or wrongfully deactivated. After 30 days, we begin the process of deleting your account from our systems, which can take up to a week. You are responsible for all account content lost following the deactivation request including the result of eliminating communication with any affiliated Networks. Deleted accounts also forfeit the right to redeem any rewards or prizes earned using MotionVibe.

Our Policy Towards Children

Our Services are not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at support@motionvibe.com. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.

Changes to this Policy

We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at https://motionvibe.com/privacy. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an MotionVibe update or email to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

Effective: December 19, 2012