PMotion, Inc. Privacy Policy


Last Updated and Effective: August 29, 2020

PMotion, Inc. (“PMotion”) is a data health analytics platform that improves productivity and performance and predicts injury in athletes. PMotion respects your privacy. This policy explains what personal information we collect on our website (https://pmotiontech.com) and through our app (PMotion) (our “Services”) and how we use and share that information. This policy may change from time to time. When we revise this privacy policy, we will update the effective date listed above. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.


Information We Collect

We collect information from you directly when you provide it to us, automatically as you use our Services, and from third-parties, such as athletic trainers and your organization’s management, that may share it with us. The information we collect may include the following:

  • Basic account information, including first name, last name, email address, date of birth, username, and password.
  • Activity information, including time spent training and/or competing, sleeping activity, distance travelled, caloric intake, and other activity metrics.
  • Health information, including body measurements and indexes, biometric data, and other physiological data. Some of this information may be classified as sensitive personal information. We may also infer certain health and body information from the information we collect (e.g., we may infer a risk of injury from a combination of the personal information we collect about you).
  • Location information, including real-time geographic location of your mobile device. We do not collect your location information when you are not using our Services.
  • Device information and technical data from the devices you use to access our Services. This includes information collected by the device, such as the health and geolocation information described above, and data about the device itself. We may also collect IP addresses, browser type, operating system, cookies, web beacons, clear gifts, and other technology on the device you use to access the Services.
  • Usage data, including information about how you use our Services, such as how often you use our Services, the time of day in which you use our Services, the specific tools accessed, and/or other automatically collected meta-data.


How We Use Information

We use the information that we collect about you to:

  • Operate, maintain, and provide you all of the features of our Services.
  • Perform a contract that we have entered into with you or a third-party, or to take steps at your request prior to entering into a contract.
  • Create a profile about you that enables us to personalize your experience when utilizing our Services.
  • Improve our Services, develop new offerings, and perform analytics.
  • Respond to your questions, comments, and requests for information.
  • Send you emails and other marketing material, from time to time, that PMotion believes may be of interest to you regarding other PMotion products and services.
  • Communicate with you about your account or membership.
  • Notify you about changes to our Services.
  • Protect the security and integrity of our Services.
  • Protect our rights and property.
  • Comply with any court order, law or legal process, including to respond to any government or regulatory request, or for any other purpose with your consent.


How We Share Your Information

We may share your information for the purposes listed above with:

  • Persons who have been authorized by the licensee of the software (either you or your organization) to access this information, which may include coaches, athletic trainers, or other members of your support team.
  • Vendors or third-party service providers that support us in providing Services.
  • Law enforcement or regulatory agencies, if required to do so by law or when we believe disclosure is necessary or appropriate.
  • Other entities in connection with the sale, merger, acquisition or other reorganization of our organization.


Deidentified Data

We may create deidentified information from personal information by excluding data components that makes the data personally identifiable to you (such as your name, email address, username). Our use of deidentified data is not subject to this Privacy Policy.


Accessing and Correcting Your Information

If you set up an account on our Services, you may login and access, correct or delete the information associated with your account. If you are located in the European Union, you may also have additional consumer rights explained below.


Cookies and other Tracking Technologies

Our Services may use different types of cookies or other statistical and tracking technologies. We use strictly necessary cookies, which are enabled by default in order for our website to function properly. We may also use optional first and third-party cookies to improve our website, customize your experience and provide personalized advertising. When you visit our website, you may customize your cookie settings by selecting the “cookie settings” button on the cookie banner. All major internet browsers allow you to control cookies. You can learn more about adjusting browser controls at the following website: http://www.aboutcookies.org.


Links to Other Websites

Our Services may contain links to other websites. We are not responsible for the content or privacy practices of these linked websites. We encourage you to review the privacy policies posted on these sites before providing any personal information.


Security

We have taken appropriate security measures to safeguard your personal data by implementing reasonable technical and physical security measures based on the type of data we process. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website, you are responsible for keeping this password confidential.


Do Not Track

Our website does not respond to Do Not Track signals.



EUROPEAN UNION AND UNITED KINGDOM RESIDENTS’ PRIVACY RIGHTS

If you are a resident of the European Union (EU) or the United Kingdom (UK), you may have certain additional rights, as detailed below. For purposes of this notice, “personal data” has the meaning ascribed in the EU General Data Protection Regulation.


What Legal Bases Do We Use to Process Your Information?

To process your personal data, we rely on the following legal bases:

  • For the performance of a contract, specifically to perform the services contemplated by the software license agreement entered into by you or your organization.
  • Your consent, where you have expressly provided us with consent for the collection, use and/or disclosure of your personal data.
  • For compliance with legal obligation to which we are subject (such as tax obligations and when we are obliged to comply with lawful requests from competent authorities such as law enforcement).
  • For the purposes of our legitimate interest (such as tailoring your experience on our website or during the conference, webinar, or other event), provided that such processing does not outweigh your rights and freedoms.

The processing may also be pursuant to other applicable legal bases for data processing. To the extent that a legal ground described above would not apply to processing of your personal data, we will seek your consent for such specific purpose in accordance with applicable law.


What Are Your Rights as an EU or UK Resident?

To the extent a specific element of our processing of your personal data relies upon your consent, you may withdraw such consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

If you wish to object to the processing of your personal data on the basis of legitimate interest and no opt-out mechanism is available to you directly, please send your request to support@pmotiontech.com.

Consumer Rights: You may also have the following additional rights under applicable law:

  • Access: You may request that we confirm whether we are processing your personal data. If we are, you may request a copy of your personal data, which we will provide free of charge, together with information about the processing, such as the purposes of the processing and the categories of personal data concerned. However, this is not an absolute right and the interests of other individuals may restrict your right of access. For further copies, we may charge a reasonable fee based on administrative costs. We may decline requests which are excessive, particularly if repetitive.
  • Rectification: You may edit some of your personal data or ask us to change, update, or fix your personal data in certain cases, particularly if it is inaccurate.
  • Erasure: You may request the erasure of your personal data.
  • Restrict Processing: You may ask us to restrict the processing of your personal data under certain circumstances, such as if your personal data is inaccurate or unlawfully held.
  • Data Portability: You may ask for a copy of your personal data you provided to us in a structured, commonly used, and machine-readable format and you may have the right to transmit this data to another entity.
  • Object: You may object to the processing of your personal data on grounds relating to your particular situation under certain circumstances, for example for direct marketing. If you have a right to object and you exercise this right, your personal data will no longer be processed for such purposes by us, unless there are overriding compelling legitimate grounds for the processing or as otherwise provided under applicable law.

Please note that these rights may be limited under applicable laws.

Please note that we may need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to your request, or for other purposes as required or permitted by applicable law.


Data Transfer. Your personal data may be stored and processed outside of the country where you are located. We may transfer the personal data that we collect about you to recipients in countries other than the country in which the information originally was collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information outside of the EU, we use contractual clauses that have been approved by the European Commission, which give personal data the same protection it has in the EU.


Contact Information If you have any questions, concerns, or comments about this Privacy Policy, please contact us at support@pmotiontech.com.