Last updated: March 29, 2021

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, #7, Burlingame, CA 94010.

In this section, we want to help inform you about:

1. What information we collect
2. What we do with your information
3. How you can control and manage your data within our platform
4. Steps we take to ensure your data remains safe and private
5. How to delete your account and all personal information from our servers

What information do we collect

Account information: your name, email address, gender, age 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.

We also use cookies and navigational data such as Uniform Resource Locators (URLs) to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. Cookies are small files that a site or its services provider transfers to your computer's hard drive through your web browser if you so allow. This enables the sites or service provider to recognize your browser and capture and remember certain information. We use cookies to understand and save your preferences for future visits and compile aggregate data about our site traffic.

EU Considerations

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 third-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 18 years of age. Our website, products and services are all directed to people who are at least 18 years old or older unless consent is given by a parent or legal guardian.

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.

We may disclose your personal information to: (a) comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process; (b) to protect and defend the rights or property of ours or third parties, including enforcing agreements, policies, and terms of use; (c) in an emergency, including to protect the safety of our employees or any person; or (d) in connection with investigating and preventing fraud.

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 info@movecoach.com. 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 send us a message using the "Contact Us" link below.

Deleting Information and Accounts

You may request that your account be deleted by using the Contact Us link below or by sending an email to info@movecoach.com. 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 and application.

Your Consent

By using our site, you consent to our privacy policy.

Contact Us

Should you have any questions or concerns regarding this privacy policy, please contact us at info@movecoach.com.

Privacy Policy Updates

This Privacy Policy may be updated from time to time. When we do, we will change the last updated date below to let you know we made a change.

The following is a list of Third-Party Vendors we use to provide you the best customer experience.

AppsFlyer

1. “Personal Information” such as name, email, contact details or any other personal content that you provide to us whether through a form or field on our website or any other communication (e.g. email, phone, post etc.).
2. “Technical Information” such as browser type, operating system, device type, IP address and other similar technical information typically received from a browser or device automatically when visiting or interacting with our Marketing Platforms. This may include the referring URL that led you to our website.
3. “Usage Information” such as the pages you visited on our website, where you clicked, searches performed on our website and other similar information related to how you have used our website. It may also include information related to whether you receive, opened or clicked on any links in an email sent to you.

Intercom

Registration and contact information:

• first and last names;
• email addresses;

Device data:

• operating system type and version number, manufacturer and model;
• IP address;

Service data:

• the website you visited before browsing to the services;
• session date and time; activity status (including first seen, last seen, last heard from - and last contacted);
• pages viewed;

Third party source data

• approximate geolocation data.

Firebase

• Device details

New Relic

• Device details
• Cellular Carrier
• Geographical location

Last updated: March 29, 2021

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, a California Corporation, whose business address is 1425 Broadway, #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 18 are not permitted to access or use the Movecoach Service unless their parent or legal guardian has provided explicit consent in accordance with applicable law. Our website, products and services are all directed to people who are at least 18 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.

2. By accessing or using the Movecoach Services, you agree that we can collect, store and process your information in accordance with our Privacy Policy.

3. Membership Information. Your Membership information is located within your Account Settings page. The Membership Information displays your current plan and subscription access term.

4. Termination. You may terminate this Agreement for any reason via the Account Settings (Edit Subscription) of the Movecoach site.

5. 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.

6. 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:

1. 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");



2. 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");



3. 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);



4. 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;



5. 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;



6. 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:
   
   
   
   1. Any accidental or "slip and fall" Injuries;
   
   
   
   2. Injuries arising from participation in supervised or unsupervised activities and programs, including but not limited to those sponsored or endorsed by Movecoach;
   
   
   
   3. 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;
   
   
   
   4. Injuries resulting from the actions taken or decisions made regarding medical or survival procedures; and



7. Any loss, theft or damage to property.
   
   
8. 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;



9. You shall maintain health, accident and/or property insurance that is adequate to cover all of your Losses, Risks and injuries;



10. 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



11. 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.

7. 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.

8. 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.

9. 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.

10. Third-Party Services. The Movecoach Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, tracking devices, services and resources (collectively "Third-Party Services") that are not under Movecoach's control. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Movecoach Service are not part of the Movecoach Service and are not controlled by Movecoach, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Movecoach Privacy Policy does not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

Focus-N-Fly Inc. dba Movecoach
1425 Broadway, #7,
Burlingame, CA 94010

Communications can also be electronically transmitted to Movecoach via email to info@movecoach.com

16. 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 causes 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.

17. 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.