At Movecoach, our mission is simple: We want to help you achieve your fitness goals. We believe that we can best assist you throughout your journey by providing a dynamic training plan just for you. And for this to work, we need to know a bit about you, your current fitness and your future goals. We very much appreciate that you are trusting us with your data and in turn, want to be transparent about how we collect, store and use it. After all, it is your data.
Also Movecoach is our brand name and our company is Focus-N-Fly, Inc., a California Corporation located at 1425 Broadway Ave, #7, Burlingame, CA 94010.
In this section, we want to help inform you about:
What information we collect
What we do with your information
How you can control and manage your data within our platform
Steps we take to ensure your data remains safe and private
How to delete your account and all personal information from our servers
What information do we collect
Account information: your name, email address, gender, date of birth, and personal fitness statistics such as your finishing time in a 5K, the pace per mile or kilometer you walk or run, the distance that walk or run and other similar metrics.
Additional information: In order to make our products and services more useful to you, we automatically collect certain information. This information may include: internet protocol address ("IP address"), browser type, domain names, access times, operating system, and page and/or feature interactions.
Other information you may choose to provide may include: your photo, your hours of sleep, your resting heart rate, and your weight.
If you decide to enable auto sync with your wearable device; We may also collect information about your device, including your device type, manufacturer, model, and operating system, your device ID; and the version of your app.
When you track a walk or run with the Movecoach mobile app, we collect and use the following information that your mobile device records: detailed physical information based on monitoring your movements, your activity intensity, and your activity duration. This data is used to measure your athletic progress.
Some of the data we collect, including but not limited to your activity data, is subject to the European Union’s General Data Protection Regulation (GDPR) and thus requires we ask for your explicit consent. At any time you may withdraw your consent from your account settings, unpair a connected 3rd party registration to a device or tracking service and/or delete your account and associated data.
We do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
What we do with your information
The information we collect from you may be used in one or more of the following ways:
to personalize your experience (your information helps us to better respond to your individual activity needs); to improve our website or application (we continually strive to improve our product offerings based on the information and feedback we receive from you), to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs), to process transactions, to administer a contest, promotion, survey, or other site feature, and to send periodic emails.
Sharing of Information
When you use Movecoach your first name and last initial of your last name and profile image (generic or photo that you upload) are publicly searchable in the Movecoach directory. By uploading a photo, you are consenting to Movecoach's use in the Movecoach directory. All other personal information is kept private unless you choose to accept an invitation to connect with another Movecoach member or choose to make your profile public to everyone in the Movecoach community. Be thoughtful of your own privacy needs as you choose what you share and with whom.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential with at least the same degree of care that we use ourselves to maintain your informations' privacy.
However, non-personally identifiable visitor information may be provided to other parties for research, marketing, advertising, or other uses.
We may share information with a parent company, subsidiaries, joint ventures, or other companies under common control with us.
We may share your personal information for the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding. Any personally identifiable information will only be exchanged as part of a business deal if all parties to that business deal agree in writing to maintain the personally identifiable information with at least the same degree of care as we use to maintain its privacy.
How you can control and manage your data within our platform
You can opt-out of communication emails from us via the "opt-out" function located in Account Settings. If you opt-out, we may still send you non-marketing e-mails including e-mails about your training schedule, accounts, and our business dealings with you.
You may send requests about personal information via email to firstname.lastname@example.org. You can request to change contact choices and marketing choices and to update or change your personal information. Changes or deletions of information can be made after logging into your profile and visiting Account Settings. For help making changes of data from the platform, please email via our "Contact Us" details below.
Deleting Information and Accounts
You may request that your account be deleted by using the Contact Us link below. Once deleted, your data, including your account, activities, historical race results, pace charts and training plan cannot be reinstated.
Your public profile may be displayed in search engine results until the search engine refreshes its cache.
Steps we take to ensure your data remains safe and private
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider's database only to be accessible and partially viewable by those authorized with special access rights to such systems and who are required to keep the information confidential.
Although we have taken steps to protect your personal information, you should know that neither we nor any company can fully eliminate security risks. If a breach of your data is detected, we will notify you as soon as possible of our awareness of the breach or otherwise as required by law.
Third Party Links to Tracking Devices & Applications
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We will do our best to ensure they protect your data with the same level of care which we strive toward but cannot always validate nor be responsible for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and our users and welcome any feedback about these sites.
Terms of Service
Please also visit our Terms of Service section establishing the use, disclaimers, and limitations of liability governing the use of our website.
Last Updated May 30, 2018
At Movecoach, our mission is simple: We want to help you achieve your fitness goals. We believe that we can best assist you throughout your journey by providing a training plan just for you.
These Movecoach Terms of Service ("Terms") apply to your access and use of the Movecoach platform and service. These Terms are an agreement between you and Focus-N-Fly, Inc. dba Movecoach, California Corporation, whose business address is 1425 Broadway Ave, #7, Burlingame, CA 94010. Violation of these Terms may, in Movecoach's sole discretion, result in suspension or termination of your account and you may no longer be permitted to use the Movecoach Service.
You must accept these Terms in order to create an account and access or use the "Movecoach Service" including software, application, website, APIs and services.
Persons under the age of 13 are not permitted to access or use the Movecoach Service unless their parent has provided explicit consent in accordance with applicable law. Our website, products and services are all directed to people who are at least 13 years old.
1. Upon acceptance by Movecoach of this Agreement, and for as long as you choose to utilize the coaching service, Movecoach will use a proprietary computer program to provide structured training ("Movecoach Services"). As athletic results vary from individual to individual and depend upon many factors, Movecoach cannot promise or guarantee that the Movecoach Services will meet your expectations or produce favorable results, improvements or benefits. If you are dissatisfied with the Movecoach Services for any reason, your sole remedy is to terminate this Agreement. The Movecoach Services are personal to you and may not be transferred or assigned.
3. Fees for the Movecoach coaching support service. If you opt to sign up for the Movecoach coaching support service subscription plan you will be subject to subscription fees in accordance with the Fee Schedule and related information (the "Fee Schedule"). You will be required to submit payment in advance for access to the coaching support service. Access to the coaching support service will be disabled until payment is received. Fees will be billed on an ongoing and recurring basis even if you are not actively using the coaching support service.
4. Fee Schedule. Discounts.You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. The Fee Schedule, including subscriber or any discounts, is subject to change at any time at our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.
5. Payment for Coaching Support Service. Payment for the coaching support service will be made by a valid credit card, Paypal®, or Apple Pay or other payment processor accounts accepted by us. Fees are payable in U.S. dollars. You hereby authorize us to charge your credit card or other payment method for such amounts on a regular monthly or yearly basis beginning at the beginning of your subscription and continuing until such time as you choose to cancel the coaching support service or you choose to terminate your account. If we are for any reason unable to effect automatic payment via your credit card or other payment method, we will attempt to notify you via email and your subscription will be disabled until payment is received. Amounts paid for the coaching support service, including prepayments, are not refundable.
6. Membership Information. Your Membership information is located within your Account Settings page. The Membership Information displays your current plan and subscription access term.
7. Termination. You may terminate this Agreement for any reason via the Account Settings (Edit Subscription) of the Movecoach site. Thereafter, you will not be subject to any further applicable Annual or Monthly Service Fees or Annual Enrollment Fees. Movecoach reserves the right at any time to terminate this Agreement for your failure to comply with this Agreement (including but not limited to your failure to pay Service Fees), or failure to comply with any of the Rules and Regulations adopted by Movecoach, or for conduct Movecoach determines to be improper or contrary to the best interests of Movecoach. You will remain liable for all Service Fees incurred prior to the effective date of termination.
8. Conduct Standards. You may not post violent, nude, partially nude, discriminatory, illegal, pornographic, obscene, infringing, hateful or sexually suggestive photos or content on the Movecoach Service. You may not sell, transfer, assign or license your account or account rights, and you are responsible for keeping your username and password secure. You cannot create an account for anyone else. You cannot solicit, collect or use anyone else's account or login credentials. You cannot defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate any person or entity. Do not use the Movecoach Service for any illegal or unauthorized purposes. You must also comply with all applicable laws, rules and governmental regulations (whether federal, state, local or otherwise) when using the Movecoach Service. You are responsible for your conduct on the Movecoach Service and any content or materials (including, without limitation, data, text, files, information, images, photos, profiles, audio and video clips, sounds and links) you submit, post or display. You are prohibited from changing, modifying, altering or adapting the Movecoach Service or any other website to imply an association with the Movecoach Service. You must not disrupt or interfere with the Movecoach Service or any servers or networks associated with the Service. Do not attempt to restrict anyone else from using or enjoying the Movecoach Service.
9. Assumption of Risk, Release, Waiver and Indemnity. You acknowledge and agree for yourself (which for purposes of this Agreement includes your personal representatives, executors, administrators, successors, assigns, heirs, agents and next of kin) that:
You are qualified, in good health, and in proper physical condition to participate in the physical and athletic activities, exercises, training, and programs for which Movecoach Services are provided (collectively, the "Athletic Activities");
The Athletic Activities naturally involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death, and property damage, as well as other risks and social and economic losses or any other damage, either not known to you or not readily foreseeable at this time (collectively, the "Risks");
The Risks may be caused by your own actions or inactions, or the actions or inactions of others, including those who own or maintain the Third Party Facilities (as defined below);
Movecoach is not providing any physical facilities (e.g., indoor or outdoor running tracks), clothing, shoes, training devices or equipment of any kind relating to Athletic Activities, and all Athletic Activities will take place at indoor or outdoor, public or private, physical facilities that are owned by third parties (the "Third Party Facilities"), and Movecoach cannot and does not make any representation or warranty regarding the Third Party Facilities, including but not limited to their condition, accessibility, safety, or suitability for the Athletic Activities;
You accept the condition of such Third Party Facilities, "AS IS, WHERE IS" and you agree to abide by all rules and regulations, public or private, that apply to the use of Third Party Facilities;
You understand and voluntarily accept and assume all Risks and responsibility for all injuries, whether physical or mental, including but not limited to, injuries to yourself or your guests, arising out of or in connection with the Athletic Activities and/or your use of Third Party Facilities (collectively, the "Injuries"), including but not limited to the following:
Any accidental or "slip and fall" Injuries;
Injuries arising from participation in supervised or unsupervised activities and programs, including but not limited to those sponsored or endorsed by Movecoach;
Injuries or medical disorders resulting from Athletic Activities, including but not limited to heart attacks, strokes, heart stress, sprains, tendinitis, broken bones, torn muscles or ligaments;
Injuries resulting from the actions taken or decisions made regarding medical or survival procedures; and
Any loss, theft or damage to property.
You voluntarily waive, release and discharge Movecoach (which includes, for purposes of this Agreement, its owners, members, directors, officers, employees, agents or volunteers) from any and all claims, liabilities, damages, losses (including but not limited to loss of time, loss of service and loss of income), causes of action, suits, costs, expenses, and attorneys fees (collectively, the "Losses"); arising out of or related to all Risks and Injuries;
You shall maintain health, accident and/or property insurance that is adequate to cover all of your Losses, Risks and injuries;
You relinquish forever and covenant not to sue, assert or otherwise maintain any claim or cause of action against Movecoach (whether past, present or future, whether known or unknown, and whether anticipated or unanticipated) arising out of any Losses, Risks or Injuries; and
You will indemnify, defend and hold Movecoach harmless from any and all Losses, Risks, Injuries and any breach by you of any of these Terms.
10. Medical Examination. You acknowledge that Movecoach is not a medical practice and does not employ doctors or licensed health care providers of any kind. Accordingly, Movecoach cannot and will not provide medical examinations or medical or healthcare advice. You are strongly encouraged to have a complete physical examination by a licensed medical doctor prior to beginning any work-out program or strenuous new activity, including but not limited to Athletic Activities for which Movecoach Services are provided. If you have a history of heart disease, you should consult a physician before undertaking any Athletic Activities.
11. Feedback and Submissions. If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit any or all of it without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, or obtained from sources other than you.
12. Contests and Promotions. Additional terms and conditions may apply to surveys, contests and promotions sponsored by Movecoach or its partners. It is your responsibility to carefully review those terms and conditions.
14. Movecoach Service changes. Movecoach may change or discontinue, temporarily or permanently, any feature or component of the Movecoach Service at any time without notice. Movecoach is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Movecoach Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Movecoach applications without prior notice to you.
15. Limitation of Liability. In no event will Movecoach be liable for direct, indirect, incidental, consequential, punitive, exemplary or special damages arising out of or relating to this agreement. Movecoach's entire liability, and your entire and exclusive remedy, under this Agreement for any damages from any cause whatsoever shall in no event exceed the service fees actually paid by you in the most recent three (3) month period.
16. Arbitration. Any dispute concerning the parties' rights and responsibilities under this Agreement which the parties cannot resolve within thirty (30) days shall be directed to binding arbitration administered by, and pursuant to the rules of, the American Arbitration Association ("AAA") in San Francisco, CA, with all expenses being shared equally by the parties. Judgment upon any AAA award may be entered into San Francisco Superior Court.
17. Governing Law and Severability. This Agreement shall be governed and interpreted in accordance with California law. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
18. Notices. Communications and notices required or permitted under this Agreement shall be deemed delivered when hand-delivered to the receiving person, or when mailed, certified mail, return receipt requested, in first class U.S. mail, to the addresses specified in the Agreement, or electronically transmitted to the Internet address specified, with hard copy mailed within three (3) days thereafter in the manner set forth above.The contact person and addresses for communications and notices are set forth in the Agreement. Any party may change its address for purposes of this notice provision by giving notice in the manner prescribed above.
Movecoach 1425 Broadway Ave, #7,
Burlingame, CA 94010
Communications can also be electronically transmitted to Movecoach at email@example.com
19. Force Majeure. Neither party shall be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, civil war, strikes or labor disputes, or any other cause beyond the parties' reasonable control. Each party agrees to notify the other party promptly of the occurrence of any such cause and to carry out this Agreement as promptly as practicable after such cause is terminated.
20. Complete Agreement; Non-Waiver. This Agreement (as defined above) constitutes the entire agreement between the parties. This Agreement supersedes and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Agreement can only be amended by specific written amendment signed by both parties. Any failure by either party to require strict performance by the other of any provision of this Agreement shall not constitute a waiver of such provision or thereafter affect the parties full rights to require strict performance.