Privacy Policy

K-Motion Interactive, Inc.

 Privacy Policy

Effective Date: 2/24/2019

Welcome to K-Motion’s Privacy Policy!  As used in this Privacy Policy, the terms “K-Motion,” “we” and “us” refer to K-Motion Interactive, Inc

K-Motion is committed to protecting and respecting your privacy.

This Privacy Policy describes how we collect, use, protect and share information about you that we obtain when you access and use our Platform (defined below), including when you submit questions or feedback.  This Privacy Policy also applies to information that we obtain when you communicate or interact with us outside of the Platform, including by e-mail, telephone and otherwise.

Please read this Privacy Policy carefully to understand how we will treat your information before you start to use our Platform or communicate with us outside the Platform.  This Privacy Policy also is intended to explain the conditions under which K-Motion uses and discloses that information, and your rights in relation to that information.  Changes to this Privacy Policy are discussed at the end of this document.

Certain features or functionalities of our Platform may be available via the App.  This Privacy Policy governs the collection and use of data about you and your use of the App.  (Although, we may provide additional notice and choice options within the App itself.)

For purposes of this Privacy Policy, the following defined terms mean:

BY ACCESSING OR USING OUR PLATFORM OR COMMUNICATING WITH US OUTSIDE OF THE PLATFORM, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, WHICH MAY BE UPDATED AND AMENDED FROM TIME TO TIME.  IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR PLATFORM OR OTHERWISE COMMUNICATE WITH US.

Please click on the sections below to learn more about our Privacy Policy:

      1. HOW WE COLLECT INFORMATION
      2. HOW INFORMATION MAY BE USED
      3. HOW INFORMATION MAY BE SHARED
      4. COOKIES AND BEACONS
      5. YOUR CHOICES
      6. SECURING YOUR INFORMATION
      7. CHILDREN
      8. LINKS TO THIRD PARTY SITES
      9. INTERPRETATION
      10. INTERNATIONAL JURISDICTIONS
      11. CHANGES TO OUR PRIVACY POLICY
      12. CONTACT US

1.    HOW WE COLLECT INFORMATION

Information You Provide to Us

We collect information that you provide directly to us, including when you register for an account, download the App, use the Platform Content, update your e-mail preferences, respond to a survey or provide other feedback about the Platform, or contact us with questions or comments about the Platform.

We may also collect information about you if a company, organization or other third party authorizes you to manage its account or use our Platform on its behalf.

We will not ask for or request sensitive information such as government identifiers, medical information, or financial information (except in connection to payments).  Please do not provide this information to us through e-mails, feedback forms or in any other way unless specifically requested.

Information Generated from Use of the Platform

We also collect certain technical information when you access, browse and use our Platform, including information that we automatically receive and record from your browser or mobile platform on our server logs.  This technical information helps us operate and provide our Platform to you, and includes standard information about visits and system capabilities, such as:

Some of the information we collect is generated using cookies and beacons.  For more details about cookies, beacons, and your choices, see Cookies and Beacons below.

Social Media Integration

Our Platform may, from time to time, contain links to and from social media platforms.  You may choose to connect to us through a social media platform, such as Facebook or Twitter, and when you do, we may collect additional information from you, such as your screen names, profile picture, contact information, contact list, and the profile pictures of your contacts, through the social media platform.  Please be advised that social media platforms may also collect information from you.  When you click on a social plug-in, such as Facebook’s “Like” button, Twitter’s “tweet” button or the Google+, that particular social network’s plugin will be activated and your browser will directly connect to that provider’s servers.  We do not have control over the collection, use and sharing practices of social media platforms and encourage you to review their usage and disclosure policies and practices, including the data security practices, before using the social media platforms.

Information from Other Sources

We may receive certain information about you from the organizations or entities on behalf of which we provide the Platform Content to you and/or on behalf of which you access or use the Platform.  We may also supplement the technical information we collect from your use of the Platform with information collected by third parties.  Such third parties may include service providers, such as Google Inc., that help us understand our Users and provide better service to our Users.

On occasion, we may compare or combine Personally Identifiable Information (defined below) from third party sources to/with other information we have collected.  For example, we may obtain contact information from other sources in order to contact you if we think you or the company you represent would be interested in our Platform.

2.    HOW INFORMATION MAY BE USED

Personally Identifiable Information

Some of the information we collect through your use of our Platform or communications with us may personally identify you (“Personally Identifiable Information”).  The types of Personally Identifiable Information you may submit in connection with use of the Platform include:

Other data derived from your use of the Platform is treated as “Non-Personally Identifiable Information,” unless it is combined with Personally Identifiable Information, or unless otherwise required by applicable law.

We may use the Personally Identifiable Information we collect, to:

In addition, we may use your information as described in any notice provided at the time you provide the information; and for any other purpose for which you may provide consent.

Non-Personally Identifiable Information

In addition to the uses described above, we may also use Non-Personally Identifiable Information to present content in a manner that is optimized for your device.

We may also combine technical information, or Non-Personally Identifiable Information, about your use of our Platform with information that we obtain from other Users to use in an aggregate or anonymous manner for similar purposes.

3.    HOW INFORMATION MAY BE SHARED

Personally Identifiable Information

We will not sell or share your Personally Identifiable Information with third parties for marketing purposes or for the third party’s own direct marketing purposes without your express consent.

We may share Personally Identifiable Information with:

We do not permit these third parties to use any Personally Identifiable Information we share for any purpose other than (i) as described in this Privacy Policy, and (ii) to comply with their own legal requirements.

We may also disclose Personally Identifiable Information with law enforcement agencies, government officials, or other third parties as necessary for the purpose of:

In the event that we receive a request from a governmental entity to provide it with your Personally Identifiable Information, we will make reasonable attempts to notify you of such request, to the extent reasonably possible and legally permissible.

Notice to California Residents / Your California Privacy Rights

California Civil Code permits California residents to request that we not share your Personally Identifiable Information with third parties for their direct marketing purposes.  If you are a California resident, you may contact [email protected].com to request information regarding how we share Personally Identifiable Information with third parties for their direct marketing purposes and/or to request that such information not be shared with third parties for such purposes.

Non-Personally Identifiable Information

In addition and without limitation, we may share Non-Personally Identifiable Information, including aggregated or anonymized data:

4.    COOKIES AND BEACONS

We may use cookies, beacons and similar technologies, now or in the future, to support the functionality of our Platform (e.g., shopping cart functionality).  This provides a better experience when you visit our Platform and allows us to improve our Platform.  Our service providers may use cookies and beacons to collect and share Non-Personally Identifiable Information about your activities both on our Platform and on other websites.  In addition, third parties that are unaffiliated with us may also collect information about you, including tracking your browsing history, when you use our Platform.  We do not have control over these third party collection practices.  If you wish to minimize these third-party collections, and you can adjust the settings of your browsers or install plug-ins and add-ins.

You may use the tools available on your computer or other device to set your browser to refuse or disable all or some browser cookies, or to alert you when cookies are being set.  However, if you refuse or disable all browser cookies, you may be unable to access certain parts or use certain features or functionality of our Platform.

You may choose whether to activate automatic recognition when you login for an account.  After registration, you may disable the persistent cookie that supports recognition using the tools in your browser.  If you choose to disable the cookies that support automatic recognition, you will need to re-enter your email and password each time you access a gated portion of the Platform.

Unless you have adjusted your browser settings so that it refuses all cookies, we may use cookies when you direct your browser to our Platform.

To learn more about cookies, you can visit http://www.allaboutcookies.org.

Flash cookies are not managed by the same browser settings as are used for browser cookies.  To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website.  If you disable or refuse Flash cookies, please note that some parts of our Platform may be inaccessible or may not function properly.

Google Inc. (“Google“) is one example of a service provider that uses cookies or similar technologies to collect information about your browsing activities over time and across different websites following your visit to our Platform.  Google Analytics is a web analytics service provided by Google that uses first-party cookies to track Users’ interactions and collect other information about how you use our Platform.  Google Analytics collects information anonymously.  We then use the information to compile reports, including usage trends, to help us improve our Platform.  You can opt out of Google Analytics without affecting how you visit our site.  For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/, or review the Google Analytics Terms of Service at https://www.google.com/analytics/terms/us.html.  For more information about opting out of being tracked by Google Analytics across all websites you use, please visit https://tools.google.com/dlpage/gaoptout/.

5.    YOUR CHOICES

We offer you certain choices in connection with the information we collect from you.

Email Communications

You may have the opportunity to receive certain communications from us related to our Platform.  If you provide us with your e-mail address in order to receive communications, you can opt out of marketing e-mails at any time by following the instructions at the bottom of our e-mails and adjusting your e-mail preferences.  Please note that certain e-mails may be necessary for the operation of our Platform.  You will continue to receive these e-mails, if appropriate, even if you unsubscribe from our optional communications.

Cookies/ Beacons

If you wish to minimize information collected by cookie or beacon, you can adjust the settings of your browsers to notify you when you receive a cookie, which lets you choose whether or not to accept it.  You can also set your browser to automatically reject any cookies.  You may also be able to install plug-ins and add-ins that serve similar functions.  However, please be aware that some features and services on our Platform may not work properly.  In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.

Network Advertising Initiative

Certain websites you visit may provide options regarding advertisements you receive.  If you wish to minimize the amount of targeted advertising you receive, you can opt out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt–Out Page.  Please note that even if you choose to remove your information (opt out) you will still see advertisements while you’re browsing online.  However the advertisements you see may be less relevant to you.  For more information or to opt out of certain online behavioral advertising, please visit http://www.aboutads.info.

Additionally, many advertising network programs allow you to view and manage the interest categories that they have compiled from your online browsing activities.  These interest categories help determine the types of targeted advertisements you may receive.  The NAI Opt–Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

Do Not Track

Some browsers support a “Do Not Track” (or, DNT) feature, a privacy preference that Users can set in certain web browsers, which is intended to be a signal to websites and services that you do not wish to be tracked across different websites or online services you visit.  Our Platform does not currently recognize or respond to DNT signals, so DNT settings do not change the way the Platform operates.

Please note that we cannot control how third party websites or online services you visit through our Platform respond to Do Not Track signals.  Check the privacy policies of those third parties for information on their privacy practices.

Updating or Deleting Information

The accuracy of the information we have about you is very important.  Users may update their information at any time by contacting us at [email protected], or by directly accessing their User account and profile information on our Platform (e.g., by accessing the “My Account” section on our Platform).

6.    SECURING YOUR INFORMATION

The security of your information is important to K-Motion.  K-Motion undertakes efforts to secure your Personally Identifiable Information against unauthorized alteration, access, loss, theft, use, or disclosure, but no system can guarantee complete security of your information.

You are responsible for protecting your password(s) and for the security of information that you transmit to us over the internet.

If you have reason to believe that your interaction with the Platform is no longer secure (for example, if you feel that the security of your password has been compromised), you must immediately notify us of the problem by contacting us.

7.    CHILDREN

No part of the Platform is directed to or intended for persons under the age of THIRTEEN (13). IF YOU ARE UNDER 13 YEAR OF AGE, PLEASE DO NOT USE OR ACCESS THE PLATFORM AT ANY TIME OR IN ANY MANNER. If you are under eighteen (18) years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Platform.  If we discover that we have collected any personally identifiable information from a child under the age of 13, or under 18 years of age without the legal consent of a parent or guardian, we will remove that information from our database as soon as possible.

8.    FERPA

In some circumstances, K-Motion may receive Personally Identifiable Information about students from Users who are teachers or coaches at schools or other education institutions in the course of providing our Platform. Our collection and use of student Personally Identifiable Information is governed by the provisions of the Family Educational Rights and Privacy Act (FERPA). Notwithstanding the foregoing, such student Personally Identifiable Information is provided and controlled by the school or educational institution. If you are a student or the parent or guardian of a student and have questions about reviewing, modifying, or deleting personal information of a student, please contact your school directly

9.    LINKS TO THIRD PARTY WEBSITES

Our Platform may contain links to third party websites and services, including those of our partner networks.  Please note that these links are provided your convenience and information, and the websites and services may operate independently from us and have their own privacy policies or notices, which we strongly suggest you review.  This Privacy Policy applies to K-Motion and our Platform only.  We do not accept any responsibility or liability for the policies or practices of any third parties.  If you chose to access any websites or services linked from our Platform, please check the applicable policies before you use or submit any personal data to such website or service.

10.  INTERPRETATION

Your use of our Platform may be governed by our Terms of Use located at www.k-motion.com/terms-of-use/, the supplemental terms that govern certain of the features, functionality, tools, content and promotions available on or through the Platform (the “Supplemental Terms“), and any and all policies and rules referenced herein or therein, posted on the Platform, or otherwise communicated to our Users (the “Platform Rules“).  In the event that the provisions of any such agreement that are specific to a particular Platform differ from or conflict with the provisions of this Privacy Policy, the terms specific to that Platform will apply.

11.  INTERNATIONAL JURISDICTIONS

The Platform is hosted in the United States of America and is subject to U.S. state and federal law.  If you are accessing our Platform from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Platform, you consent to that transfer and use of your personal information in accordance with this Privacy Policy.  You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Platform and your agreements with us.  Any persons accessing our Platform from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Platform in a manner lawful in their jurisdiction.  If your use of the Platform would be unlawful in your jurisdiction, you may not use the Platform.

12.  CHANGES TO OUR PRIVACY POLICY

K-Motion may, in its sole discretion, change this Privacy Policy from time to time.  Any and all changes to this Privacy Policy will be reflected on this page and the effective date will be stated at the top of this Privacy Policy.  Unless stated otherwise, our current Privacy Policy applies to all information that we have about you.  Users should regularly check this page for any changes to this Privacy Policy.  K-Motion will always post new versions of the Privacy Policy on the Platform.  However, K-Motion may, as determined in its discretion, decide to notify Users of material changes made to this Privacy Policy via email or otherwise.  Accordingly, it is important that you always maintain and update your contact information.

Your continued use of the Platform or communication with us after the updated Privacy Policy has been posted (or any other indication of your consent) will constitute your acceptance of the updated Privacy Policy.

Please note that we may condition your continued access to our Platform on your consent to changes to this Privacy Policy.

13.  CONTACT US

If you have questions or comments relating to this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at [email protected], or write to us at:

K-Motion Interactive, Inc.
16419 North 91st St.
Suite A100
Scottsdale, AZ 85260

View K-Motion’s Terms of Use – www.k-motion.com/terms-of-use.

Copyright ©2019 K-Motion Interactive, Inc.  All rights reserved.