Privacy Policy

PRIVACY NOTICE

Last Updated: March 04, 2020

This Privacy Notice explains how we collect, use, disclose, and otherwise process Personal Information (as defined below) in connection with our Services. This Privacy Notice is not a contract and does not create any legal rights or obligations.

Who We Are

We are Motionsoft, Inc. (“Motionsoft,” “we,” “us,” and/or “our”), an innovative software company that provides sophisticated, comprehensive business management technology software solutions which enable our customers (collectively, “Clubs”), including gyms, fitness centers, spas, rehabilitation centers, and wellness centers that use our proprietary member management SaaS platform, to manage, retain, and expand Club membership with industry-leading ease and efficiency.

What is Personal Information?

When we use the term “Personal Information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you as an individual. It does not include information related to business-to-business inquiries and aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to you.

This Notice covers the www.motionsoft.net website and online services that link to this Notice (collectively, our “Sites”), and describes how we collect, use and disclose your personal information when you visit our Sites or otherwise engage with us directly (collectively, our “Services”).

This Notice does not cover the Personal Information of Motionsoft’s job applicants, employees and other personnel.  For more information about how we collect, use and disclose such information, please contact Motionsoft HR by referring to the “Contact Us” address and phone number below.

This Notice also does not cover the Personal Information we retain, use, disclose and otherwise process on behalf of Clubs and their members. Motionsoft provides SaaS member management and payment services (Software as a Service) to its Clubs and you will need to please refer to your Clubs’ own privacy notices for more information regarding how they may collect, use, and share your Personal Information as a Club member and user of their services.  If you wish to exercise a right with respect to the Personal Information please contact your Club directly, or, by completing the webform linked via the “Request Information” button below, Motionsoft can gladly assist you with initiating your inquiry with your Club.  Upon completing the webform, you will receive an email confirmation of your request and your Club will be notified.

Other options by which we may assist you include by emailing privacy@motionsoft.net with the words PRIVACY INFORMATION REQUEST in the subject line of your email or by calling 800-256-1953 and referencing the purpose of your call as PRIVACY INFORMATION REQUEST. If you email or call us, we may refer you to our webform to gather additional details to service your request or assist you in completing the information requested in the webform.

Region-Specific Disclosures

We may choose or be required by law to provide different or additional disclosures relating to the processing of Personal Information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:

• If you are a resident of the State of California in the United States, please refer to the ‘California Privacy Policy’ addendum below for additional California-specific privacy disclosures.
• If you are a resident of the State of Nevada in the United States, Chapter 603A of the Nevada Revised Statutes permits you to Opt-Out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request for information you may have provided to or exchanged with Motionsoft on its motionsoft.net website, please contact us by emailing us at privacy@motionsoft.net and including the words PRIVACY and NEVADA in the subject line of your email.
• If you are based in the European Economic Area (“EEA”) and use the services of Club which is a) a Customer of Motionsoft and using our SaaS service, and b) where the Club you use is located in the European Economic Area, additional EEA-specific privacy disclosures are available on the motionsoft.net website.

Our Collection of Personal Information

From the first moment you interact with us, we may be collecting Personal Information about you. Sometimes we collect Personal Information directly from you and sometimes automatically when you interact with our Services. At times, we may collect Personal Information about you from other sources and third parties, even before our first direct interaction.

***As noted earlier, this Notice and the descriptions provided below in a) this section, b) the section titled “Our Use of Personal Information”, and c) the section titled “Our Disclosure of Personal Information” does not cover the Personal Information we retain, use, disclose and otherwise process on behalf of Clubs as part of our SaaS services to Clubs.  Please refer to the Clubs’ own privacy notices for more information regarding how they may collect, use, and share your Personal Information as a user of their services.*** 

Personal Information You Provide. We collect the following Personal Information you provide in connection with our services:

• Contact Information, such as name, email address, and telephone number;
• Professional/Employment Information, such as employer name;
• Inquiry Information, such as questions or requests regarding our Services;

Personal Information Automatically Collected. As is true of most digital platforms, we and our third-party providers also collect Personal Information about your device, browsing actions and website usage patterns automatically when you visit or interact with our website, which may include log data (such as your internet protocol (IP) address, operating system, browser type, browser id, the URL you entered and the referring page/campaign, date/time of your visit, the time you spent on our services and any errors that may occur during your visit to our services), analytics data (such as the electronic path you take to our website, through our website and when exiting our website, as well as your usage and activity on our website) and location data (such as your general geographic location based on the log data we or our third-party providers collect).

We and our third-party providers may use (i) cookies or small data files that are stored on your computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect this Personal Information. For example, our website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect and view reports about the traffic on our online services. You can obtain more information on the use of Google Analytics for these analytical and non‑advertising purposes by visiting Google’s privacy policy.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.  Please note that doing so may negatively impact your experience using our website, as some features and offerings may not work properly or at all.  Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

Personal Information from Other Sources and Third Parties. We also obtain Personal Information from other sources; which we may combine with Personal Information we collect either automatically or directly from you. We receive the same categories of Personal Information as described above from the following sources and third parties:

• Our Business Partners: We may collect Personal Information from our business partners for business development or networking purposes. For example, we may receive contact information for referrals from Clubs.
• Information Providers: We may from time to time obtain information from third-party information providers to correct or supplement Personal Information we collect. For example, we may obtain updated contact information from third-party information providers to reconnect with you.
• Publicly Available Information: We may collect Personal Information from publicly available sources or publicly available websites, to supplement the Personal Information identified above.

Our Use of Personal Information

Personal Information from Other Sources and Third Parties. We may also use Personal Information from other sources and third parties for any of the purposes listed above.

If you choose to contact us, we may need additional information to fulfill your request or respond to your inquiry. We may provide additional privacy disclosures where the scope of the inquiry/request and/or Personal Information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy disclosures will govern how we may process the information you provide at that time.

Our Disclosure of Personal Information

We disclose Personal Information in the following ways:

• Within Motionsoft: We disclose Personal Information within the Motionsoft organization for purposes and uses that are consistent with this Privacy Notice. For example, we may disclose your contact information within Motionsoft to process and fulfill your order or to facilitate communication between you and a Motionsoft representative.
• To Our Service Providers: We may engage third parties including providers of analytics, fraud prevention, marketing, and IT services to perform certain functions on our behalf in connection with our use of Personal Information as described in the “Our Use of Personal Information” section above.
• To Our Business Partners: We share information with our business partners in order to improve your experience when using our Services and to recommend products or services to you. For example, we may share your contact information with suppliers so they can inform you about products and services that may be of interest to you.
• In Accordance with Our Legal Obligations and Rights: We may disclose Personal Information to third parties, such as legal advisors and law enforcement:
  • in connection with the establishment, exercise, or defense of legal claims;
  • to comply with laws or to respond to lawful requests and legal process;
  • to protect the rights and property of us, our agents, customers, and others, including to enforce our agreements, policies, and terms of use;
  • to detect, suppress, or prevent fraud;
  • to reduce credit risk and collect debts owed to us;
  • to protect the health and safety of us, our customers, or any person; or
  • as otherwise required by applicable law.
• Otherwise with Your Consent: We may disclose Personal Information about you to certain other third parties with your consent.

Children’s Personal Information

(ref: ‘COPPA Children’s Online Privacy Protection Act of 1998’, 15 U.S.C. §§ 6501–6506)

The Services are not directed to, and we do not intend to, or knowingly, collect or solicit Personal Information from children under the age of 13. If you are under the age of 13, please do not use our Services or otherwise share your Personal Information with us. If a child under the age of 13 has provided Personal Information to us, we encourage the child’s parent or guardian to contact us to request that we remove the Personal Information from our systems. If we learn that any Personal Information we collect has been provided by a child under the age of 13 in violation of applicable law, we will promptly delete that Personal Information.

Information Security

Though no security measure is guaranteed to successfully protect against all of types of data misuse, we strive to protect your data.  We take commercially reasonable measures to protect your Personal Information from unauthorized access, disclosure, alteration, or destruction.

Third-Party Websites

Our websites and online Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any Personal Information practices of third-party websites and online Services or the practices of other third parties. To learn about the Personal Information practices of the Clubs we provide services to and other third parties, please visit their respective privacy notices.

Communication Preferences

When you contact us through our website, we may retain those communications in order to address your inquiries, respond to your questions, or improve our services.  This information may also be used for purposes of sales and marketing.  You may Opt-Out of receiving communications from us at any time by contacting us at privacy@motionsoft.net.  Please note that even if you Opt-Out of receiving communications from us, we may still contact you in response to any future “Contact Us” requests.

Updates to This Privacy Notice

We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the “Last Updated” date at the beginning of this Privacy Notice. All changes shall be effective from the date of publication.

Contact Us

If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to privacy@motionsoft.net and include the word PRIVACY in the email subject.

Alternatively, inquiries may be addressed to:

Motionsoft, Inc.
Attention: Privacy
1451 Rockville Pike Suite 500
Rockville, MD 20852
1-800-323-1005

Supplemental Privacy Notice Which May Apply If You Are a Resident of The State of California in The United States

California Privacy Notice

***This California Privacy Notice is only applicable if you are a resident of the State of California in the United States,  furthermore the policy does not cover the Personal Information we retain, use, disclose and otherwise process on behalf of Clubs and their members. Motionsoft provides SaaS member management and payment services (Software as a Service) to its Clubs and you will need to please refer to the Clubs’ own privacy notices for more information regarding how they may collect, use, and share your Personal Information as a Club member and user of their services.  If you wish to exercise a right with respect to the Personal Information please contact your Club directly, or, by completing the webform linked via the “Request Information” button below, Motionsoft can gladly assist you with initiating your inquiry with your Club.  Upon completing the webform, you will receive an email confirmation of your request and your Club will be notified.

Other options by which we may assist you include by emailing privacy@motionsoft.net with the words CALIFORNIA PRIVACY INFORMATION REQUEST in the subject line of your email or by calling 800-256-1953 and referencing the purpose of your call as CALIFORNIA PRIVACY INFORMATION REQUEST. If you email or call us, we may refer you to our webform to gather additional details to service your request or assist you in completing the information requested in the webform

This California Notice (“CA Notice”) applies to you if you are a resident of the state of California.  California law requires us to disclose certain information regarding the categories of Personal Information we collect. For purposes of this section, “Personal Information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include information that is publicly available, or that is deidentified or aggregated such that it is not reasonably capable of being associated with you.  This CA Notice also does not apply to:

• Personal Information that is excluded from the CCPA’s scope, such as Personal Information covered by certain sector-specific privacy laws, such as the HIPAA, the FCRA, GLBA or the Driver’s Privacy Protection Act of 1994.
• Information relating to our job applicants, employees, contractors and other personnel.
• Personal Information reflecting a written or verbal communication or transaction between us and a representative of another legal entity in the context of providing due diligence regarding, or providing or receiving, a product or service to or from that legal entity.
• Personal Information we collect when we are acting as a “service provider” to process information in accordance with a contract with our business customers.

Collection and Use of Personal Information. We collect Personal Information from and about you for a variety of purposes.  For example, we use Personal Information to fulfill your requests, process your transactions and provide our Services to you; to communicate with you; for marketing and advertising purposes; to monitor, improve, and develop our products and Services; and to protect the security and integrity of our business, comply with legal requirements and obligations; for our business and operational purposes; and as otherwise permitted or required by law.

To learn more about the types of Personal Information we collect and the purposes for which we collect this information, please refer to the a) “Our Collection of Personal Information”, and b) “Our Use of Personal Information” sections of the main Privacy Notice.

In the last 12 months, we have collected the following categories of Personal Information:

Disclosure of Personal Information.  We may share Personal Information with third parties for business purposes. The categories of third parties to whom we may disclose your Personal Information for a business purpose include: (i) our service providers and advisors affiliated with our service; (ii) marketing and strategic partners; (iii) promotional partners; (iv) ad networks and advertising partners; (v) analytics providers; (vi) social networks.

We do not “sell” Personal Information about our users as most people would typically understand that term. However, we do allow certain third-party advertising partners to collect information about the users of our Services for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting.  To learn more about online advertising and how you may be able to control some of this activity, please see the “Personal Information Automatically Collected” section of our main Privacy Notice.

Your California Privacy Rights and Choices.  As a California resident, you may be able to request to exercise the following rights:

• The Right to Know any or all of the following information relating to your Personal Information we have collected and disclosed in the last 12 months, upon verification of your identity:
  • The specific pieces of Personal Information we have collected about you;
  • The categories of Personal Information we have collected about you;
  • The categories of sources of the Personal Information;
  • The categories of Personal Information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed; and
  • The business or commercial purposes for collecting the Personal Information.
• The Right to Request Deletion of Personal Information we have collected from you, subject to certain exceptions.
• The Right to Opt-Out of Personal Information Sales to third parties now or in the future.

You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process Personal Information (such as in the case of a deletion request), we may no longer be able to provide you our products and Services or engage with you in the same manner.

To submit your California Privacy Rights Requests.  You may submit a request to exercise your California Privacy Rights through one of the mechanisms described below. We will need to verify your identity before processing your request, which may require us to request additional Personal Information from you or require you to log into your account, if you have one.  In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

To exercise your California Privacy Rights, please initiate your request by:

• By completing the webform linked via the “Request Information” button in the main body of the Privacy Policy.
• Emailing privacy@motionsoft.net with the words CALIFORNIA RIGHTS REQUEST in the subject line of your email.
• Calling 800-323-1005.

Please see the “Personal Information Automatically Collected” section in the main Privacy Notice for more information about how third parties use cookies and related technologies to collect information automatically on our websites and other online Services, and the choices you may have in relation to those activities.

Minors.  We do not sell the Personal Information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the “Right to Opt-In”) from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age.  Please contact us at privacy@motionsoft.net to inform us if you, or your minor child, are under the age of 16.

California’s “Shine the Light” Law.  California’s “Shine the Light” law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of Personal Information to third parties for their direct marketing purposes. To opt-out of having your Personal Information disclosed to third parties for their direct marketing purposes, please contact privacy@motionsoft.net and provide your contact information to be added to our suppression list.