K-Motion Interactive, Inc.
Effective Date: 2/24/2019
K-Motion is committed to protecting and respecting your privacy.
- “App” means any and all downloadable applications (including, any mobile or tablet applications) owned or operated by K-Motion through which access to K-Motion’s Content is available. References to the “App” include any and all related features, functionality, tools, and content.
- “End User” means an authorized User of the Products.
- “K-Motion Data” means information collected or generated by or on behalf of K-Motion for purposes of providing, measuring or improving K-Motion products and services, including for benchmarking performance, or preparing statistics or system metrics. For the avoidance of doubt, “K-Motion Data” shall not include any Personally Identifiable Information of any User.
- “Platform” means, individually and collectively, the Products, Website and App including any locally downloaded or installed software, related services and promotions, and any other software and technology used to provide any of the foregoing.
- “Platform Content” refers to any and all information and other content included, provided or made available on or through the Platform, including all User Content except Your Content.
- “Products” means any of the software components embedded in the K-Motion wearable technology provided by K-Motion.
- “User” means any person or entity who accesses or uses the Platform in any manner, including End Users. References to “access” and/or “use” of the Platform (and any variations thereof) include the acts of accessing or browsing the Platform, and accessing or using the Platform Content.
- “User Content” refers to videos, text, photos, information and other content captured, recorded, stored, shared or otherwise made available or caused to be made available by Users on or through the Platform.
- “Website” means any and all websites owned or operated by K-Motion (including the website currently located at k-motion.com). References to the “Website” include any and all related features, functionality, tools, and content.
- “Your Content” refers to user content that is provided or made available or caused to be made available by you.
- HOW WE COLLECT INFORMATION
- HOW INFORMATION MAY BE USED
- HOW INFORMATION MAY BE SHARED
- COOKIES AND BEACONS
- YOUR CHOICES
- SECURING YOUR INFORMATION
- LINKS TO THIRD PARTY SITES
- INTERNATIONAL JURISDICTIONS
- 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:
- If applicable, motion capture data generated by your use of the Products;
- information about the device(s) you use to access our Platform, including MAC address, IP address, browser type and version, your location, time zone setting, browser plug-in types and versions, operating system and platform, device type, device and application identifiers, operating information, mobile carrier, and cookies;
- information about your visits to the Platform, including the full URL clickstream to, through, and from the Platform, including dates and times;
- information we need and use to facilitate your use of our Platform (including to provide access to third party Platforms and services), such as URL requests, destination IP addresses, or device configuration details;
- pages you view, searches you run, length of time browsing search results, specific search results you select to view, length of visits to other pages, page interaction information (such as scrolling, clicks, and mouse-overs), your engagement with certain variable/dynamic elements of a page and methods used to browse away from the page; and
- page response times and download errors.
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:
- contact information (such as name, address, email address and telephone number);
- account passwords for the Platform;
- payment card information and other billing information (such as card image, card number, cardholder name, expiration date and card verification code);
- geographic location information;
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:
- create and manage your account;
- provide the Platform to you;
- operate our Platform, including access management, payment processing, Platform administration, internal operations, troubleshooting, data analysis, testing, research, statistical and survey purposes;
- send you information that enables you to use our Platform;
- contact you about activity on your account;
- generate reporting regarding the use of our Platform by Users;
- respond to your requests, feedback or inquiries;
- notify you about updates, information, or alerts regarding our Platform;
- comply with laws, regulations, and other legal requirements;
- comply with relevant industry standards and our policies;
- protect and enforce our rights arising under any agreements entered into between you and us, including billing and collection;
- protect the integrity and maintain the security of our Platform, including secured areas of the Platform;
- operate, evaluate and improve our business, including conducting surveys and market research, developing new products, services, and promotions (such as, for example, special events, programs, offers, contests), analyzing and enhancing existing products, services, and promotions, managing our communications; performing accounting, auditing, and other internal functions;
- provide you with information and advertisements about products, services, and promotions from us or third parties, that may interest you; and
- administer your participation in such products, services, and promotions.
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:
- the Users you designate;
- the organizations or entities on behalf of which we are providing the Platform to you and/or on behalf of which you access or use the Platform;
- other companies associated with those organizations or entities in order to enable their systems to operate with the Platform;
- our subsidiaries and affiliates;
- the designated administrator of your account, if you have an individual corporate subaccount, regarding use of the Platform by individual subaccounts;
- a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, liquidation, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personally Identifiable Information held by us about our Users is among the assets transferred;
- other third parties with your express consent for any purpose disclosed by us when you provide the information; and
- you, upon your written request.
We may also disclose Personally Identifiable Information with law enforcement agencies, government officials, or other third parties as necessary for the purpose of:
- complying with any court order, law or legal process, including to respond to any government or regulatory request;
- preventing fraud and providing credit risk reduction;
- protecting the assets or property, and enforcing the rights of K-Motion, including for billing and collection purposes; and
- protecting the rights, property, or safety of our Users or others.
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:
- with analytics, search engine, or other service providers that help us improve our Platform;
- to report to our affiliates, licensors and service providers about the use of various aspects of the Platform; and
- with other Users or prospective Users of the Platform.
4. COOKIES AND BEACONS
- Browser Cookies. A browser cookie is a small file placed on the hard drive of your computer. That cookie then communicates with servers, ours or those of other companies that we authorize to collect data for us, and allows recognition of your personal computer. We associate cookies with Personally Identifiable Information only if you use the automatic recognition capabilities on restricted areas of the Platform, order a Service, use the personalization services available as part of the Platform, or ask us to contact you with additional marketing information. We do not otherwise collect Personally Identifiable Information from browser cookies and we do not associate browser cookies with your Personally Identifiable Information.
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.
To learn more about cookies, you can visit http://www.allaboutcookies.org.
- Flash Cookies. Certain features of our Platform may use local stored objects called flash cookies to collect and store information about your preferences and navigation to, from and on our Platform. The cookies do not identify you as an individual or track your online behavior. We do not collect Personally Identifiable Information from flash cookies and we will not associate them with your Personally Identifiable Information.
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.
- Beacons. Our Platform and e-mails may contain small electronic files known as beacons (also referred to as web beacons, clear GIFs, pixel tags and single-pixel GIFs) that permit us to, for example, count Users who have visited those pages or opened an e-mail and for other website-related statistics. Beacons in e-mail marketing campaigns allow us to track your responses and your interests in our content, offerings and web pages. You may use the tools in your device to disable these technologies as well.
5. YOUR CHOICES
We offer you certain choices in connection with the information we collect from you.
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.
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.
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.
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
11. INTERNATIONAL JURISDICTIONS
13. CONTACT US
K-Motion Interactive, Inc.
16419 North 91st St.
Scottsdale, AZ 85260
Copyright ©2019 K-Motion Interactive, Inc. All rights reserved.