Privacy Policy

Thompson Fitness Solutions, LLC

Mobility Matters Privacy Policy

LAST UPDATED: 7/8/18

We at Thompson Fitness Solutions, LLC. (“TFS,” “Mobility Matters,” “MM,”, “we” or “us”) take your privacy very seriously. The purpose of this Privacy Policy is to inform you of the types of personal information we collect, how we use this information, with whom we share it, how we secure this information, and the choices you can make about our use of your personal information in the context of the TFS Service. This Privacy Policy does not apply to personal information we collect by other means (including offline) or from other sources.

TFS relies on collecting information via Mobility Matters, including personal information, from you and your clients/patients to produce personalized workout plans that are customized for specific fitness/functional levels. “Personal information” means any information that relates to an identified or identifiable individual.

Our computer algorithm relies on these various inputs to produce exercise recommendations. We may at times work with third parties to present offers and advertisements which we believe are relevant to you or your clients/patients and may also customize the content and user experience based on this information.

Our main purpose in collecting such information is to provide an excellent service and overall user experience. We strive to maintain transparency and will not use or share your personal information with anyone except as described in this Privacy Policy. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use.

Personal Information We Collect

We may obtain personal information about you from various sources:

User-Provided Information: When you register for a trainer account with MM, add a client, or otherwise submit information through MM, you may provide us information about yourself and/or your clients, such name, e-mail address, address, telephone number, organization, city, state, and zip. You may also provide your cleint’s physical assessment results and information on their level of activity, use of assistive devices, and frequency of current exercise. If you correspond with us by email, we may retain the content of your email messages. We may also retain any messages you send through MM and any User Content you post to MM.

Information collected automatically:

  • Cookie Information: When you visit the Service, we may use cookies – small text files containing a string of alphanumeric characters – to identify your browser help you log in faster and enhance your navigation through the site. A cookie may also convey information about how you browse the Service to us.  If you do not want us to use cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of MM. MM does not respond to browser do-not-track signals.

Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you use MM, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

 

Pixel Tags Information: When you use MM, we may employ pixel tags (also known as clear gifs or web beacons),which are used to track the online usage patterns of our users anonymously. In addition, we may also use pixel tags in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make MM better for our users.

  • Location Information: We may also collect general or specific location information from your computer (using your IP address) or mobile device (using GPS information),subject to any applicable privacy settings, and on your consent where required under applicable law.
  • Third Party Services: TFS may use third party products or services to help understand and analyze your use of the Service. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of MM and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

How We Use Your Personal Information

We may use the personal information we collect:
 

  • To operate, maintain, enhance and provide features of MM, to provide services and information that you request, to respond to comments and questions, and otherwise to provide support to users. Where required by applicable law, we will obtain your prior opt in consent to provide you with some of the features of MM, in particular with regards to personal information about the health of your clients.
  • to contact you for administrative and informational purposes.  This may include providing customer service or sending communications, including changes to our terms, conditions, and policies.  
  • To personalize your experience on MM by presenting products and offers tailored to you, and to send you marketing communications about these products and offers.
  • To understand and analyze the usage trends and preferences of our users, to improve MM, and to develop new products, services, features, and functionality.
  • For our business purposes, such as data analysis, audits, security, fraud monitoring and prevention; determining the effectiveness of our promotional campaigns; and operating and expanding our business activities.
     
  • To enforce our Terms of Service or other legal rights.

We may de-identify or aggregate data collected through MM and may use and disclose it for any purpose.

 

How We Share Your Personal Information

TFS will not share your personal information with any third parties except as described below or as otherwise disclosed to you and/or your clients when we collect personal information:

  • To our third party service providers who provide services on our behalf, such as website hosting, payment processing, data analysis, information technology and related infrastructure provision, customer service, email delivery, online advertising, and other services.  We require these service providers by contract to safeguard the privacy and security of personal information they process on our behalf.
  • By you, on blogs and other services, to which you are able to post User Content. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.
  • To a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in bankruptcy or similar proceedings).
  • If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

We do not share your personal information with unaffiliated third parties for their own direct marketing purposes.

 

We may use and disclose information that does not identify or otherwise relate to an individual for any purpose, except where we are required to do otherwise under applicable law.

 

Third Party Advertisers

We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services, based on information relating to your access to and use of the Services and other websites or online services. To do so, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice, or would like to learn about your choices, please visit http://www.networkadvertising.org/choices/ and http://www.aboutads.info/choices/.

 

In addition, we may share information that do not directly identify you (such as de-identified usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain TFS services. TFS may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on TFS. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. TFS does not provide any information that directly identifies you to these third-party ad servers or ad networks without your consent or as required under applicable law. However, please note that if an advertiser asks TFS to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. In addition, third-party advertisers may use information (not including your name, address, email address, body information, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. TFS is not the entity responsible for the processing of your information by third-party ad servers or ad networks. The TFS Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.

 

Your Rights and Choices

You may have certain rights under applicable law regarding the personal information we maintain about you. You may decline to submit your personal information through MM, in which case TFS may not be able to provide the customized MM programming to you and/or your clients. You may update or correct your account information and email preferences at any time by logging in to your account and modifying your account settings.

Where required under applicable law, if we rely on consent for the processing of your personal information, you have the right to withdraw your consent at any time and, we you do so, this will not affect the lawfulness of the processing before your consent withdrawal. In particular for marketing e-mail messages, if you no longer want to receive such emails from us on a going forward basis, you may opt-out via the “unsubscribe” link provided in each such email or contact us as described in the “Contact Information” section below.

 

Where required under applicable law, you may have the right to request access to and receive information about the personal information we maintain about you, to update and correct inaccuracies in your personal information, to restrict or to object to the processing of your personal information, or to exercise your right to data portability, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. In addition to the above-mentioned rights, you also always have the right to lodge a complaint with a competent supervisory authority subject to applicable law.

 

To update your preferences, ask us to remove your personal information from our mailing lists, delete your account or submit a request to exercise your rights available under applicable law, please contact us as specified in the “Contact Information” section below. You may also cancel your account at any time, and you will have the option to permanently delete all of your information from our records. If you remove information that you posted to MM, copies may remain viewable in cached and archived pages of the MM, or if other Users have copied or saved that information.

 

How We Hold And Protect Your Personal Information

TFS uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the personal information in our possession and implement your privacy setting. We cannot, however, ensure or warrant the security of any information you transmit to MM or guarantee that your information on MM may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. TFS is not responsible for the functionality or security measures of any third party.

 

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from TFS, at all times.

 

We also take measures to delete your personal information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it in the context of MM or when you request their deletion.

 

International Data Transfers

We may transfer or disclose personal information to recipients in countries outside of your country, including the United States of America. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer or disclose your personal information to other countries, we will protect that information as described in this Privacy Policy.

To offer MM, we may need to transfer your personal information to the United States, where our headquarters are located.

 

Children's Privacy

Protecting the privacy of young children is especially important. TFS does not knowingly collect or solicit personal information from anyone under the age of thirteen (13) or knowingly allow such persons to register as Members. If you are under 13, please do not send any information about yourself to us. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe your child under 13 has submitted personal information to us without your consent, please contact us at info@mobilitymatters.fit.

 

Links to Other Websites

We are not responsible for the practices employed by websites linked to or from MM, nor the information or content contained therein. Please remember that when you use a link to go from MM to another website, our Privacy Policy is no longer in effect, and this other website may have its own privacy policy, which we strongly suggest you review. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies.

 

Changes to Our Privacy Policy

We may make changes to this Privacy Policy. The “Last Updated” date at the top of this page indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of MM following these changes means that you accept the revised Privacy Policy.

 

Contact Information

TFS is the entity responsible for the processing of your personal information. If you have any questions about this Privacy Policy or complaints, or to exercise your rights, please contact us at info@mobilitymatters.fit, or send mail to:

Thompson Fitness Solutions, LLC

785 Augusta Drive

Moraga, CA  94556

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