Privacy Policy
Effective Date December 1, 2022
PURPOSE OF THIS POLICY
Dusty and Big Red, LLC and its partners and affiliates (“Company” or “Motiv Fitness”) hereby implement this Privacy Policy with respect to personal information which it collects or receives, not limited to the type of information collected, how it is used and/or shared. This policy also sets forth how the client can correct, amend, and/or remove information should that be necessary. By continuing to interact with our website(s), mobile applications (the “App” or “Apps”), visiting our Motiv Fitness studios, or providing personal information to us you acknowledge that you have had an opportunity to review this Privacy Policy and that you agree to the practices described in this Privacy Policy.
SCOPE OF THIS POLICY
This policy applies to any information about an individual whose identity is apparent, or can be reasonably ascertained, from the information (“Personal Information”) that is collected, recorded, organized, stored, altered, retrieved, or used (“Processed”) by Company on its website (the “Site”), through its affiliates, social media accounts, or other sources. All Company employees and third parties who are involved in the Processing of Personal Information are required to protect all Personal Information Processed and maintain strict adherence to the terms of this policy.
UPDATES TO THIS POLICY
This Privacy Policy may be updated and modified at any time in Company’s sole discretion to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. For more information about our privacy practices, if you have questions, please contact us by e-mail at motiv@motivfitness.com.
PERSONAL INFORMATION COLLECTED BY COMPANY
● Manner of Collection.
Company may collect Personal Information directly through your providing said information for purchasing and delivery of its products and/or services. It is further possible that passive information may be collected through access to the Company’s website including through cookies and similar technologies, albeit it is not Company’s intent to collect any information other than information which is directly or indirectly provided by you for the purposes of processing purchases and deliveries, or as otherwise set forth below.
● Information Collected.
● Purchases of Product. The primary purpose of the collection of Personal Information occurs when you purchase the Company products and/or services from this Site. The Company collects Personal Information, such as your name, email address, mailing address, phone number, payment information (i.e. credit card number and/or other related information that may be necessary to complete said purchase). Unless otherwise informed, Company does not record or store your financial information. Rather, this information is processed by third party processors and Company does not collect, store, or maintain any financial information in any database. The third party vendor is https://www.stripe.com and its privacy policy may be reviewed at https://stripe.com/privacy.
● Automatic Collection of Information. Company indirectly and automatically collects information about the devices which interact with the Sites including but not limited to device identifiers (i.e. IP addresses), web browsers, number of visits to the Site, information accessed thereon. This information is collected for internal purposes and for enhancing user access to the site as such information may help Company understand and enhance the user experience on the Site.
● Cookies: Included in the Automatic Collection of Information is the use of “cookies” which are codes placed on user devices when they visit websites to store preferences. Cookies inform the Company of prior and first-time visits to the site, identify aspects of the site which are more and less frequently visited, and enhance the user ability to access the site, and save their preferences. Web browsers provide information relating to deletion, blocking, disabling, or stopping accepting new cookies. If you take such action, you may not be able to take full advantage of all the features and functionality of the Site.
● Social Media. The Site may include links to social media platforms such as Facebook, Instagram, Twitter, as well others which exist or may exist in the future. These platforms may also automatically collect your Personal Information, which page you are visiting on the Site and may set a cookie to enable the feature to function properly. Third party social media features are governed by their own privacy policies, which may differ substantially from this Privacy Policy. When you access one of these social media platforms through the Company Site, you are encouraged to review said platform’s own privacy policies.
HOW COMPANY USES YOUR INFORMATION
● Provide Products/Services. As aforementioned, the primary purpose for the collection of any Personal Information is to provide products, services and/or information per your requests for products, services, or information.
● Promotional Purposes. Company may use such Personal Information to communicate with you in the future about promoting its products and/or services, by sending newsletters, advertisements, and other communications. Company may further send requests to participate in surveys, solicitations, or contests, which are voluntary. Company may use Personal Information to notify contest winners, award prizes, market, promote and further analyze marketing conditions. Surveys and contests may be used to analyze Company’s products and services, as well as its marketing and promotions. This information, if requested and provided, would be used in an aggregated and anonymous setting, and would not be individualized as set forth in subsection (e) hereinbelow.
● Administrative Purposes. Company may use Personal Information for its administrative purposes, including analysis of interest in Company’s products and services, quality of product and services, individual account maintenance, payment processing, and legal compliance and enforcement such as required by law enforcement, national security and other legal process.
● Financial Information. Personal financial information is collected by Company and/or authorized third-party payment processors. Personal Information collected by Company and/or its third-party payment processors is not stored on the Site and shall not be used for any purpose other than processing the requested transaction(s). Company does not provide financing or credit. However, in the event Company offers products subject to financing, Company may provide access, information and/or links to third-party financers. Any Personal Information provided by you to such financers shall be directly between you and said financer, is not received by Company and shall be subject to the privacy policy and terms of use for said financer. Applications requesting financial Personal Information, such as name, email address, address and other billing information is governed by the third party’s terms, conditions, and privacy policies.
● Merger, Acquisition, Financing, etc. Company may provide Personal Information to third parties as required in the event of Company’s merger, acquisition, financing, reorganization, bankruptcy, receivership, or sale of Company assets.
HOW COMPANY SHARES INFORMATION
Company may share information as set forth hereinabove. Company uses third party vendors for distribution of product and services, with whom Personal Information may be shared for the purchase, payment, delivery and servicing of equipment and other products. Additionally, Personal Information may be shared with our information technology personnel, customer service providers, and others necessary for the Company to perform its services and provide product. Company does not intend to provide access to third party advertisers on the Site and shall update this Privacy Policy in the event thereof.
RIGHTS, OBJECTIONS, AND REQUESTS FOR DELETIONS, CORRECTIONS OR AMENDMENTS TO
PROCESSED PERSONAL INFORMATION
● Right to Access Personal Information. Certain jurisdictions provide you with a legal right to request and receive what Personal Information we have collected during the 12 months preceding your request.
● Objection/Deletion/Opt-Out. At any time, you may object to certain the processing, uses and disclosures of your Personal Information and withdraw consent of Company’s use of your Personal Information by contacting motiv@motivfitness.com. You may request that your Personal Information be deleted or otherwise “opt-out” of receiving future e-mails, marketing, and promotional email communications at any time. However, opting out may not prevent all processing of Personal Information as Company may continue to collect and use indirect and non-Personal Information regarding your activities on our Site as set forth within this Privacy Policy, your browser provides procedures to opt-out or removal of cookies on your computer, but these procedures may or may not be available to Company or on other electronic devices. Company does not anticipate permitting advertisers on its Site. However, in the event thereof, there are websites which permit you to opt-out of receiving advertisements.
● Correcting or Amending Personal Information. At any time, you may also request from Company, correction or amendment of your Personal Information by sending an e-mail or other correspondence to motiv@motivfitness.com. Please include your full name, email address associated with your account and a detailed request of the information you wish to be amended or corrected. Such requests will be processed in accordance with local laws.
Company may not provide access, where to do so violates a legal privilege or others’ privacy rights, causes undue burden or expense. In such instances, Company will provide an explanation, in writing, as to its reasoning and/or determination.
● Company’s Maintaining Data. Company may retain Personal Information for as long as Company continues to operate the Site, sells product, and /or provides services. Company further retains Personal Information if is required to by law to resolve legal and other disputes, conduct audits, pursue legitimate business purposes, enforce its agreements, and comply with applicable laws. Once Company is no longer required to retain Personal Information, it may but is not obligated to destroy, erase, or make said information anonymous in accordance with Company’s data retention policies and applicable laws. As set forth in Sections VII (A & B), even when you request deletion, correction or amendment, Company may be required by applicable laws and administrative reasons to maintain certain Personal Information.
SECURITY OF YOUR INFORMATION
Company takes various precautions to protect its Site and all Personal Information processed thereon. As previously mentioned, Company uses a third-party processor and maintains no sensitive financial information. In addition to Company’s policy of not maintaining any sensitive and/or financial information, Company employs necessary safeguards to protect against unauthorized access to, use of, and disclosure of Personal Information. Security cannot be guaranteed, and Company is not liable for breaches of its security and other unintentional disclosures of Personal Information. Any information provided by you to Company is purely voluntary. In the event of a security breach, Company may contact you directly, post on its Site or notify you in some other manner, pursuant to the laws of your jurisdiction.
MINORS
Company manufactures and distributes exercise products and services which are not intended to be sold, distributed, marketed or promoted to individuals under the age of 18. If a parent or guardian learns that their Child’s Personal Information has been provided to Company, without proper and lawful parental or guardian consent, they shall inform company by providing the Child’s full name to motiv@motivfitness.com and Company will take steps to delete such information as soon as reasonable unless Company receives verified parental or guardian consent.
COMPLIANCE
If you have any questions or comments about Company’s Privacy Policy and/or practices, or wish to file a complaint with the appropriate authority, please contact Company by email at motiv@motivfitness.com
NOTICES AND RIGHTS FOR CALIFORNIA CONSUMERS
The California Consumer Privacy Act requires Privacy Policy disclosures which may not be required in other states. Accordingly, this Section supplements this Privacy Policy to the extent such is required to comply with California privacy laws, which apply to the Site, as well as any links with social media, blogs, third party vendor websites and other electronic devices. It is not intended to apply to Personal Information we collect about Company employees, applicants for employment, or contractors in the employment context. Pursuant to California law, “Personal Information” includes “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Company obtains limited Personal Information as follows:
● Identifiable: Name, mailing address, shipping address, telephone number, e-mail address, purchases and certain cookies. Company does not collect private, sensitive, or protected information such as age, gender, race, religion, etc….As previously noted, bank, credit or other financial account information are not stored by Company, but instead are sent to https://www.stripe.com whose privacy policies may be located on their website located at https://stripe.com/privacy. This information is provided by you and the devices which you use.
● Non-personally identifiable data: IP addresses, passwords, browser activity, product descriptions viewed, forms submitted, shopping cart data, user preferences and geolocation data, networks, and other systems. Company has not disclosed Personal Information to any third parties for business purposes during the 12 months prior to the Effective Date of this Privacy Policy. Company does not sell your Personal Information to third parties. California residents have certain rights, including but not limited to Right to Access Personal Information; Right to Data Portability, Right to Know; Right to Deletion/Opt-out. California Civil Code § 1798.83 further permits California residents who share personal information the right once during a calendar year, to request and obtain free of charge, a list of the third parties to whom Personal Information has been disclosed for direct marketing purposes in the prior calendar year, and what has been disclosed. If you would like to exercise this right, please use the contact information listed in this section to contact us. California residents may exercise these rights by contacting us at motiv@motivfitness.com