If you reside in certain countries, additional terms and conditions may apply to your use of the Application. These additional terms are specific to the legal requirements of your country and may override certain provisions of this Privacy Policy. By using our Application in those countries, you acknowledge and agree to comply with the additional terms applicable in your jurisdiction.
Welcome to OnMotion workout application ("we," "our," or "us"). We are dedicated to safeguarding your privacy and are committed to being transparent and honest about the personal data we collect. In this Privacy Policy, we outline how we collect, use, disclose, and safeguard your information when you use our fitness application, referred to as the "Application." By accessing or using our Application, you agree to the terms and conditions of this Privacy Policy. Throughout this policy, references to "user," "you," or "your" pertain to our valued users whose privacy and trust we deeply respect. We strive to ensure that your personal information is handled with care and diligence, and we are committed to providing you with a safe and enjoyable online fitness experience.
This Privacy Policy describes the types of personal data we collect on this application, our official website (onmotion.app), and our social media platforms, collectively referred to as the "Platform."
OnMotion LLC ("we," "our," or "us") is the data controller responsible for processing your data under the data privacy laws, principles, and regulations which may apply to you. These regulations include, but are not limited to, the Privacy Act 1988 and the Australian Privacy Principles under the Privacy Act (if you are an Australian user), the European General Data Protection Regulation (GDPR) (if you are an EU user), the General Data Protection Regulation of the United Kingdom (UK GDPR) (if you are a UK user), and the Californian Consumer PrivacyAct as amended by the California Privacy Rights Act and its regulations (CCPA) (if you are a Californian user). Collectively, these regulations are referred to as "Data Privacy Regulations".
"Personal Data" refers to any information or opinion relating to you that allows us to identify you. This may include, but is not limited to, your first and last name, phone number, email address, social media information, postal address, details of services or products you have purchased, payment details, and information about your access to our website. We collect this information to provide you with our services, enhance your user experience, and communicate with you effectively. In addition to the information you provide, we also collect certain information automatically when you visit our Platform. This includes your IP address, device type, browser type, operating system, and other technical information. We use cookies, web beacons, and similar technologies to collect this data. For more detailed information about how we use cookies and similar technologies, please refer to our Cookie Policy.
We collect various categories of personal data, both directly and indirectly, to enhance your experience on the Platform. These categories include, but are not limited to:
*Contact Information: First and last name, email address, and phone number.
*Demographic Information: Zip code, country, gender, and age.
*Health Information: Health data generated by devices you connect to the application, such as smartwatches, and fitness/lifestyle activity data (workouts completed, duration) provided by you or generated through app usage.
*Profile Information: Details and preferences provided in your profile, including giveaways entered, referral codes, app color, units, saved workouts, FaceID login, tiers, points and saved gym information.
*Purchase Information: Information about your purchases of products and services from us or our third-party partners who provide or promote their products and services through the Platform.
*Payment Information: Transaction details if you become a member. Please note that we do not store your payment information.
*Platform Usage Data: Information about your use of the Platform, including the features and services you access.
*Communication Data: Correspondence with us via email, letters, chat services, calls, and social media.
*User-Generated Content: Information you provide about yourself, such as sharing workout and fitness activity, and referral-related data, including the identity of the person who referred you or whom you referred to OnMotion.
*Location Data: Your location, determined either through the IP address of your computer or device, or activating in app, enabling us to customize your experience on the Platform.
*Internet or Network Activity: Depending on your permissions, this may include browsing history, device identifiers, advertising IDs, cookie identifiers, and information on your interactions with the website or advertisements.
You can withdraw your consent for the processing of health data you entered into the application at any time within the profile menu in the application or by contacting us using team@onmotion.app. If you provided OnMotion with consent to process any other sensitive information, or if you're unsure about how to withdraw consent or about what information you provided, please contact us at team@onmotion.app. It's important to note that withdrawing consent will not prohibit you from using the OnMotion app. However, please be aware that some functionality across the platform, such as tracking workout progress, could be disabled or may not function properly as a result of withdrawing consent.
Your Personal Data may be used for the following purposes:
*To provide Features of the Platform: One of the primary purposes for collecting and processing your personal data is to provide you with the features of the Platform and the products and services you request. We use the Personal Data you provide us to:
i. Create and Set Up a Profile: We use your information to create and set up your user profile, enabling you to use the Platform efficiently.
ii. Fitness Activity Tracking: If you use the Platform to track your fitness activity, we collect and store this information. This data is utilized to calculate additional details about your activity, allowing us to provide you with comprehensive insights as part of the functionality of the Platform.
iii. Personalized Workout Recommendations: Based on your previous interactions with the Platform, we offer personalized workout recommendations tailored to your fitness goals and preferences. Your data helps us customize your fitness experience, making it more relevant and effective for you.
iv. Share Information with Personal Trainers: By sharing this information, you can enhance the services offered by your fitness trainers, allowing them to provide you with personalized and effective fitness guidance. Your data is handled responsibly and shared securely to better the services provided by fitness trainers associated with the Platform.
*Delivering relevant and positive customer service communications: Another purpose for collecting and processing your personal data is to provide relevant and positive customer service communication. We use the information you provide to enhance your experience with us, address your inquiries, and ensure timely and effective customer support. Your data allows us to improve our services, resolve issues, and tailor our communication to meet your needs. Additionally, from time to time, we may conduct surveys to gauge your satisfaction with our Platform and the services and products we provide. Your feedback is invaluable and helps us understand your preferences better. Participation in these surveys is entirely voluntary, and the information gathered is used solely to enhance the quality of our offerings and your overall experience with OnMotion.
*Administration and legal purposes: In addition to the aforementioned purposes, we use your Personal Data for administrative and legal reasons to operate our business effectively. This includes:
i. Statistical and Marketing Analysis: We may perform data analysis based on the information we collect from you for marketing and statistical analysis purposes. For example, we may use data to understand user preferences, such as which exercises are saved more often. This analysis helps us organize and present content more effectively, ensuring a tailored and engaging experience for our users.
ii. Systems Testing and Diagnosing Issues: Your data is utilized for systems testing and to diagnose technical and service problems. This enables us to maintain and enhance the functionality of our Platform, ensuring a seamless experience for all users.
iii. Maintenance and Development: We use your information for the maintenance and development of our Platform, implementing necessary updates and improvements to provide you with the best possible service.
iv. Dispute Resolution: In the event of a dispute or claim, your data may be processed to resolve the issue efficiently and in accordance with applicable laws.
*Security, Health, Administrative, and Legal Purposes: We process your Personal Data for various security, health, administrative, crime prevention/detection, and legal purposes, including:
i. Verification of Information and Identity: We may use your information to verify your identity and the accuracy of the information provided, ensuring the security and integrity of our services.
ii. Fraud Prevention and Detection: Your data is processed to protect against, identify, and prevent fraud and other unlawful activities, safeguarding both you and our platform from unauthorized or malicious actions.
iii. Security and Health: We utilize your data for security and health-related purposes, including ensuring the safety and well-being of our users and maintaining the integrity of our services.
iv. Compliance with Legal Requirements: We may share your Personal Data with government authorities or enforcement bodies when required to comply with legal obligations. This includes situations where disclosure is necessary for the prevention, investigation, detection, or prosecution of criminal activities, or as otherwise required or permitted by applicable Data Privacy Regulations.
*Other Purposes: We may use your Personal Data for purposes not outlined in this Privacy Policy. When we intend to use your data for these other purposes, we will provide specific notice at the time of collection and obtain your consent unless otherwise permitted by applicable Data Privacy Regulations. This ensures that you are informed about the intended use of your data and have the opportunity to make an informed decision. Your privacy and control over your data are paramount, and we are committed to being transparent and respectful of your choices. In the course of providing our services to you, we may receive your Personal Data based on a contractual agreement. In such instances, the provision of this Personal Data is necessary to fulfill the terms of the contract between us. Without the necessary Personal Data, we will not be able to carry out the contracted services as agreed. It is essential for you to provide this information to ensure the seamless delivery of our services and the fulfillment of our contractual obligations to you. Personal details, including information about your nationality or physical or mental health, are considered 'sensitive' personal data under applicable data privacy regulations. We process any such sensitive data only if you have given your explicit consent, or if it is necessary for the performance of a contract, or if the sensitive personal data has been manifestly made public by you. The Platform may require information about your physical health to provide certain functions or services, especially when you use or interact with a Linked Device that integrates with the Platform. Your consent for processing this health information is vital for us to offer you personalized and effective services. However, please be assured that we handle sensitive personal data with the utmost care and confidentiality. If you choose not to provide certain health information, some functions or services within the Platform may be unavailable or may not function properly. We are committed to ensuring that your experience on the Platform is tailored to your needs, but this customization relies on the accurate and complete information you provide, particularly in the context of health-related features. You have the right to control your personal data, especially sensitive health information. You may withdraw your consent for OnMotion's processing of your health information at any time. To do so, you can manage your preferences within the profile section of the application. As described more fully below, you may always contact us at team@onmotion.app with any questions or requests about your personal data. Your privacy and data control are of utmost importance to us, and we are here to assist you with any queries you may have.
Encryption & Security: We have implemented stringent security measures to ensure the confidentiality and integrity of the information you entrust us with. Your Personal Data is stored and disclosed using industry-leading encryption technologies, including SSL (Secure Socket Layer), which establishes a secure connection between your device and our servers. SSL is the gold standard for encrypting sensitive data, such as personal information and credit card details, during transmission over the internet. This encryption method ensures that your data is protected from unauthorized access, modification, or disclosure, as well as accidental loss, destruction, or damage.
International Transfers of Your Personal Data: OnMotion, as a global entity, operates in diverse jurisdictions, some of which are outside the EU, EEA, or the UK. Consequently, the Personal Data we collect from users might be stored in countries like Australia and the United States of America. Additionally, we may share this information with third-party data recipients, which could be located outside the EEA, UK, Australia, or the United States of America. This implies that the Personal Data you provide to OnMotion might be transferred internationally, potentially to a different country than where you initially shared your data.
Retention of Your Personal Data: We are committed to retaining your data only for the necessary duration to fulfill the purposes for which it is processed. When determining the appropriate retention period, we take into account the volume, nature, and sensitivity of the personal data, the purposes for its processing, and whether those purposes can be achieved through alternative methods. Additionally, we consider the durations for which it may be essential to retain personal data to meet our legal obligations, address complaints and inquiries, and safeguard our legal rights in case of potential claims.
In general, this means that we will likely retain your Personal Data as long as your User Account is active. However, after closing your User Account, we may retain a limited portion of your Personal Data to maintain a continuous relationship with you if we reconnect in the future, and to comply with our internal procedures and any legal requirements.
Once your personal data is no longer required, we will securely delete or destroy it. We will also assess ways to gradually minimize the personal data we use over time. In certain cases, we might fully anonymize your personal data, rendering it unassociated with you or your identity. If this occurs, we may use the information without further notice to you.
We may share your Personal Data with the following people or entities described in this Privacy Policy:
*With other users of the platform: We may share your information with specific scheduling services or features on our platform that you have chosen to use.
*With other individuals: Secondly, if you joined OnMotion via a referral link sent by one of your contacts, such as a friend, family member, or colleague, we may inform that contact about your OnMotion account creation. Additionally, if you opt to share your personal information with a fitness trainer, we may share your information with the specific fitness trainer. As a token of our appreciation, we might provide them with a referral bonus as a result of your registration.
*With social media platforms: Additionally, in certain circumstances, we may integrate with third-party social media platforms. If you connect your account to your social media profile, the information you choose to share on these platforms, based on your social media account preferences and settings, will be received by us. We utilize this data to enhance and personalize your experience on our platform. It's worth noting that third-party social media platforms may have cookies or pixels on our website, especially if you participate in competitions, events, or direct your social media posts to us via a hashtag. We also employ social media plugins on our platform, and if you use these plugins, specific information might be disclosed to the respective social media platform. However, rest assured that we only share your Personal Data with these platforms if you have provided your express consent, respecting your privacy preferences and choices.
*With service providers: In our commitment to providing you with seamless services, OnMotion may collaborate with other companies, contractors, or agents who assist us in various aspects of our operations. These partnerships enable us to offer you essential services, including support ticketing, legal assistance, debt collection, administrative support, customer services, and IT support. By sharing necessary data with these trusted partners, we ensure that you receive the high-quality assistance and support you deserve. Rest assured that we carefully select these service providers, holding them to the same stringent data protection standards that we adhere to, to safeguard your privacy and maintain the integrity of your Personal Data. Your trust is of utmost importance to us, and we remain dedicated to ensuring your information is handled securely and responsibly.
*With marketing partners: In our efforts to enhance your experience and provide personalized recommendations, OnMotion may collaborate with other companies, contractors, or agents. This collaboration allows us to streamline our marketing initiatives and tailor recommendations specifically to your preferences and needs within our platform. By sharing relevant data with these trusted partners, we can deliver targeted content and suggestions, ensuring that your interactions with our platform are meaningful and relevant to your interests. These collaborations are carefully managed, and we work closely with our partners to uphold the privacy and security of your Personal Data.
*With the authorities and regulators: In certain circumstances, OnMotion may be required to share your Personal Data with government authorities, law enforcement bodies, and regulators to comply with legal obligations as mandated by applicable data privacy regulations. This sharing of information is essential to adhere to legal requirements and ensure compliance with regulatory standards.
*With legal and professional advisors: To uphold the terms and conditions outlined in our contract with you, OnMotion may share your Personal Data with our legal and other professional advisors. This collaboration is essential to enforce our legal rights, resolve disputes, and ensure contractual compliance. Our legal and professional advisors play a crucial role in safeguarding both your interests and ours, facilitating a fair and secure environment for all users. Rest assured that any sharing of your data with these trusted advisors is conducted under strict confidentiality agreements and in alignment with applicable laws and regulations.
*With potential buyers: In the event of selling or transferring all or part of our business or assets, OnMotion may need to transfer your Personal Data to potential buyers. These transfers are conducted under stringent non-disclosure restrictions, ensuring the confidentiality and security of your information. Such transfers are solely made to enable a potential buyer to assess whether to proceed with the transaction or to facilitate the completion of the transaction, as necessary.
Under applicable privacy regulations, you have certain rights and choices concerning your Personal Data.
*Transparency: You have the right to transparency, allowing you to request information about where we hold Personal Data about you and, if so, the nature of that information and the reasons for its storage or usage.
*Access: You have the right to request access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to verify that we are processing it lawfully. We are committed to facilitating your access to your information, ensuring that you have the opportunity to review the accuracy and legality of the data we maintain.
*Correction: You have the right to request the correction of your Personal Data. This allows you to rectify any incomplete or inaccurate information we may hold about you. We are committed to ensuring the accuracy and completeness of your data, and we encourage you to exercise this right. By requesting corrections, you can be confident that the information we hold aligns with your accurate details.
*Erasure: You have the right to request the erasure of your Personal Data. This allows you to ask us to delete or remove your data where there is no legitimate reason for us to continue processing it. You also have the right to request the deletion or removal of your Personal Data if you have exercised your right to object to processing.
*Objection: You have the right to object to the processing of your Personal Data in specific situations. If we are relying on our legitimate interests as the basis for processing your data, and there is something about your particular situation that prompts you to object to the processing, you have the right to do so. Additionally, you have the right to object when we are processing your Personal Data for direct marketing purposes.
*Profiling: You have the right to object to automated decision-making, including profiling, which involves processing your Personal Data without human intervention. We respect your autonomy, and if you do not wish to be subject to any automated decision-making processes conducted by us, or if you prefer not to be profiled, you have the right to object.
*Data Restricting: You have the option to request the restriction of processing your Personal Data. This means that we can continue storing your data but cannot further process it, except under certain circumstances such as with your consent or for legal reasons. If you feel there are inaccuracies in the data, you've objected to processing, or if you believe the processing is unlawful, you have the right to request the restriction of your Personal Data.
*Data Portability: You have the right to request the transfer of your Personal Data to another party in an electronic or structured form. This empowers you to obtain your data from us in a format that can be easily used electronically, allowing you to transfer it seamlessly toanother party of your choice.
*Withdrawal of consent: In specific circumstances where you have provided your consent for the collection, processing, and transfer of your Personal Data for a particular purpose, you have the right to withdraw your consent for that specific processing at any time. You can do so by contacting us using the details provided in Section 11. Additionally, for the processing of your health information, you have the option to withdraw your consent within the profile menu. Once we receive notification that you have withdrawn your consent, we will cease processing your information for the purpose or purposes initially agreed upon, unless we have a proper or legitimate basis for continuing to do so. Your right to withdraw consent is essential to your privacy, and we respect your decisions regarding how your data is utilized. We are committed to honoring your choices and ensuring that your Personal Data is handled in line with your preferences and applicable data protection regulations.
If you wish to exercise any of your rights related to your Personal Data, including those outlined above, please don't hesitate to contact the OnMotion team. You can reach out to us using the details provided in Section 11 of this Privacy Policy. While you generally will not be required to pay a fee to access your Personal Data or to exercise any of your statutory rights, we reserve the right to charge a reasonable fee if your request for access is clearly unfounded or excessive. Additionally, in cases where permitted by applicable data privacy regulations, we may decline to comply with requests that are manifestly unfounded or excessive.
In certain instances, we may request specific information from you to confirm your identity, ensuring your right to access the requested information. This security measure is in place to prevent the disclosure of your Personal Data to unauthorized individuals and to prevent unauthorized modification of your data. By verifying your identity, we can safeguard your information, ensuring that it is only disclosed to those who have the rightful access.
You have the right to lodge a complaint about our processing of your Personal Data with the regulatory authority overseeing data protection in your country, state, or province. If the General Data Protection Regulation (GDPR) applies to our processing of your Personal Data, you have the right to lodge a complaint with a supervisory authority if you are dissatisfied with how we handle your data. Specifically, under GDPR, you can file a complaint in the member state of the European Union where you have your habitual residence, place of work, or where the alleged violation of the GDPR occurred.
A cookie is a small file stored on your device that contains information about your device. At OnMotion, we utilize cookies and other tracking technologies on our site, including for the purpose of online interest-based ads. You have various options concerning the use of cookies and other tracking technologies while browsing our site. For more detailed information about the types of cookies we use, their purposes, and how you can manage your cookie preferences, please refer to our Cookie Policy.
You have the option to set your browser to send a Do Not Track (DNT) signal, indicating your preference to opt out of online tracking.
*Links to Other Websites: Our platform may include links to other websites for your convenience and informational purposes. Please be aware that these websites operate independently from us. When you visit any website linked to our platform, you are subject to that particular website's own privacy policies and practices.
*Linked websites often have their own privacy notices or policies, which we recommend you review. It's important to understand that to the extent that these linked websites are not owned or controlled by us, we are not responsible for their content, the way they are used, or their privacy practices. We encourage you to exercise caution and diligence when navigating external websites, ensuring that you are aware of and comfortable with their privacy policies before sharing any Personal Data.
*Age Verification Policy: To maintain a safe and compliant environment, users must be of legal age in their respective countries and must not be under 16 years old to sign up for a profile on our platform. We enforce strict age verification measures, ensuring that individuals under the age of 16 are not allowed to create profiles on our platform. If we identify any user who appears to be below the age of 16 years, we will proactively reach out to that user to verify their age.
*Policy Revisions and Updates: OnMotion reserves the right to revise and update this Privacy Policy at any time at its sole discretion. Any changes to the policy will be posted as an updated version on the platform. These revisions become effective immediately upon being posted on the platform and apply to all access and usage of the platform thereafter. We encourage you to regularly review this Privacy Policy to stay informed about how we collect, use, and protect your Personal Data. Your continued use of the platform after any changes signify your acceptance of the updated Privacy Policy terms. If you have any concerns about the changes made, please feel free to reach out to us for clarification. Your understanding and cooperation are appreciated as we work to ensure that our Privacy Policy reflects our ongoing commitment to your privacy and data protection.
*Contacting OnMotion: We value your questions and comments about this Privacy Policy and our privacy practices. If you have a complaint regarding how we have handled your Personal Data, please bring it to our attention. Upon receiving a complaint, we will conduct an investigation to determine the appropriate action for resolution. We commit to reaching out to you within a reasonable time and may request additional information to assist us in our investigation. Our goal is to address all complaints promptly and efficiently.
*If you have feedback, questions, concerns, or if you wish to exercise your rights related to your Personal Data, please do not hesitate to contact the OnMotion team. You can reach us via email at team@onmotion.com. Alternatively, you can contact our team by completing a contact form or through the chat function on the OnMotion website.
California Consumer Privacy Act (CCPA) Compliance: The provisions in this section are specifically designed to meet the requirements of the California Consumer Privacy Act as amended by the California Privacy Rights Act and its implementing regulations (CCPA). These provisions apply to users who are residents in California, ensuring that their privacy rights and preferences are respected in accordance with the applicable California data protection laws. We are dedicated to compliance with the CCPA and strive to uphold the highest standards of data protection for our California users. If you have any questions or concerns regarding your privacy rights under the CCPA, please refer to the relevant sections in this Privacy Policy or contact our team for further assistance.
In accordance with the requirements of the California Consumer Privacy Act (CCPA), any terms used in this Privacy Policy and this section of the additional terms that are defined in the CCPA shall have the meanings ascribed to them under the CCPA. Additionally, the term "Personal Data" as used in this Privacy Policy and this section of the additional terms shall encompass "Personal Information" as defined in the CCPA.
The categories of Personal Data collected by OnMotion in the last 12 months, as described in Section 2 of the Privacy Policy, correspond to the following categories of Personal Information listed in the California Consumer Privacy Act (CCPA):
*Identifiers: First and last names, email address, telephone number, where you have selected particular services or features of the platform, social network info. This information is obtained directly from you or linked third-party accounts.
*Protected characteristics: Age, gender, country of residence, medical conditions, or requirements. This information is obtained directly from you and your devices.
*Commercial information: Information about your purchases of products and services from us or our third-party partners who may provide or promote their own products or services through the platform. This information is obtained from our own accounting records and from third-party partners who may provide or promote their own products or services through the platform.
*Biometric information: Physical characteristics, such as weight, height, and body measurements such as stride length and apparel size, and photographs identifying your facial features. This information is obtained directly from you if you choose to enter these on the Platform.
*Internet or other similar network activity: Information about your use of the Platform and your IP address, including information collected automatically through cookies. This information is obtained directly from you and your devices.
*Geo-location data: Where the IP address of your computer or device is used to determine your geographic location so that we can customize your experience on the Platform. This is obtained directly from you and your device(s).
*Sensory Data: Audio, electronic, visual, thermal, olfactory, or similar information. This is obtained directly from you where you have selected particular services or features on the platform.
*Inferences drawn from other Personal Data: Information you provide about yourself and any preferences in your Profile, communications with us or directed to us via letters, emails, chat services, calls, and social media, fitness activity data provided by you on the Platform, or generated by the devices you connect to the OnMotion application. This information is obtained directly from you and your devices.
We may also share your Personal Data with government authorities, law enforcement agencies, and regulators to comply with legal obligations or as mandated by applicable Data Privacy Laws. Additionally, your information may be disclosed to our legal and other professional advisers for the enforcement of our legal rights under the terms of our contract with you.
OnMotion generally does not sell your Personal Information in the conventional sense (i.e., for money). However, we use services of third-party vendors and partners that help deliver interest-based ads to you. As part of this process, we may transfer Personal Information to those vendors and partners (like Facebook, Snap, or TikTok) for their use as they help us deliver interest-based ads. We and these vendors and partners may collect certain information, including information obtained with cookies and similar information stored on your browsers, advertising identifiers on your mobile devices, and/or the IP address of your devices when you visit our sites or use our app. Making Personal Information (such as online identifiers or browsing activity) available to these vendors and partners to use outside of OnMotion’s direction may be considered as "selling" or "sharing" Personal Information under the CCPA. There are also instances where OnMotion could be “selling” Personal Information under the CCPA, such as when OnMotion engages in partnerships with other organizations to offer discounts for each other’s products and services to our users.
To request that OnMotion not "sell" or "share" your Personal Information, email team@onmotion.app.
Users who are resident in California may have the following rights under the CCPA of the Privacy Policy:
*The Right to "Opt Out”: You have the right to direct us to not sell your personal information at any time (the “right to opt-out”). As described above, OnMotion doesn’t sell any of your information in the conventional sense. However, OnMotion may provide information about you to third party advertising partners (like Facebook or TikTok), and this may constitute a “sale” under the CCPA. To exercise the right to opt-out of this kind of information transfer, you (or your authorized agent) may email team@onmotion.app. If you change your mind, you can opt in as described below. We will only use personal information provided in an opt-out request to review and comply with the request.
*The Right to “Opt In”: If you change your mind about opting out of the “sale” of your data and would like OnMotion to resume providing your information to these advertising partners, you may contact us at team@onmotion.app at any time.
*Access: Once we receive and confirm your verifiable consumer request, we will disclose the following to you:
i. The categories of your Personal Data and the specific Personal Data that we have collected;
ii. The categories of sources from which your Personal Data was collected;
iii. Our business or commercial purpose for collecting your Personal Data; and
iv. The categories of third parties with whom we share your Personal Data, and where such third parties received your Personal Data from us for a business purpose, the categories of your Personal Data that we disclosed to such third parties.
v. Under the CCPA, you are only entitled to exercise the Personal Data access right twice a year.
*Deletion: Once we receive and confirm your verifiable consumer request, we will (and will direct our service providers to whom we have disclosed your Personal Data to) delete your Personal Data unless an exception under the CCPA applies. The rights set out above do not apply to Personal Data collected from OnMotion’s employees as part of their employment with OnMotion or Personal Data collected as part of a business-to-business transaction. To exercise any of the rights set out above, please contact the OnMotion team by emailing team@onmotion.app. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. We may need to request specific information from you to help us confirm that your request is a verifiable consumer request.
*Anti-retaliation/Anti-discrimination: OnMotion will not discriminate or retaliate against you if you exercise your rights under the CCPA.
*Right to Limit Ue and Disclosure of Sensitive Personal Information: If you have disclosed sensitive personal information to OnMotion, like the status of a pregnancy, you have the right, at any time, to direct OnMotion to limit its use of your sensitive personal information to that use which is necessary to perform the services and access to the Platform. You may also request OnMotion delete this information at any time. To request that OnMotion limit use and disclosure of your sensitive personal information, delete this information, or otherwise exercise control over OnMotion’s use of this data, please contact us at team@onmotion.app.
*Exercising your rights under the CCPA: Verification of your identity to respond to your request to know and delete. To evaluate your request to know or delete, we may request additional information to verify your identity. We will only use the Personal Data you provide us in a request to verify the requestor's identity or authority to make the request. Please note that you may only make a consumer request to know or data portability request twice within a 12-month period.
*Response Timing and Format of Our Responses: If we need to charge a fee for a request which is excessive, repetitive, or manifestly unfounded, we will explain why we made that determination and provide you with a cost estimate before completing your request. We will reply to all requests within 30 days, or inform you in writing if additional time is required. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will send our written response by mail or electronically, at your option. If we cannot satisfy your request, we will also explain why in our response.
*Authorized Agent: You may appoint an authorized agent to exercise any of your privacy rights on your behalf, if the authorized agent is a natural person or a business entity registered with the Secretary of State of California. To appoint an authorized agent, you must also sign a written declaration giving the authorized agent permission to act on your behalf, or you can appoint such agent via a power of attorney pursuant to Probate Code sections 4000 to 4465. To verify that your authorized agent acts on your behalf, we will ask for this written permission from your agent or for the power of attorney. In case you provided your authorized agent with a written permission, we will require that you also verify your identity and we may also ask you to directly confirm with us that you provided the authorized agent permission to submit the request. We will deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.
We will not discriminate against you for exercising any of your rights under the CCPA. Specifically, unless permitted by the CCPA, we will not:
*Deny you access to goods and/or services provided by us on the Platform;
*Charge you different prices or rates for the goods and/or services provided by us on the Platform, or imposing penalties on you;
*Provide you with a different level or quality of goods and/or services than otherwise generally provided by us on the Platform; or
*Suggest that you will receive a different price or rate for, or a different level or quality of, the goods and/or services generally provided by us on the Platform.
Notwithstanding the above, customers located in the EEA and the UK may exercise any of the rights described in this section by utilizing our online webform for GDPR Rights Requests. Please note that we may ask you to verify your identity before taking further action on your request.
*Managing Your Information: You may access and update some of your information, including personal information, through your Account settings. If you have chosen to connect your OnMotion account to a third-party application, such as Facebook, you can change your settings and remove permission for the app by changing your account settings. You are responsible for keeping your personal information up-to-date.
*Rectification of Inaccurate or Incomplete Information: You have the right to ask us to correct inaccurate or incomplete personal information concerning you.
*Data Access and Portability: In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly-used, and machine-readable format, and/or request us to transmit this information to another service provider (where technically feasible).
*Data Retention and Erasure: We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the OnMotion services to you, and subject to OnMotion’s legitimate interest exceptions, you can requests that we erase your personal information and close your OnMotion account. Please note that if you request the erasure of your personal information:
i. We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety.
ii. We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, OnMotion may keep some of your information for tax, legal, and auditing obligations.
iii. We may retain and use your OnMotion username associated with forum threads unless your OnMotion username contains personally identifiable information (i.e., first and last name) based on our legitimate interest in ensuring the ongoing management of its business and maintaining an acceptable and uninterrupted experience for other forum users. OnMotion will erase the account associated with such posts, such that the profile associated with the username is blank/anonymous in the event another user clicks on the username; however, the username will remain associated with any certain post or reply.
iv. We may retain and use your OnMotion username associated with forum threads unless your OnMotion username contains personally identifiable information (i.e., first and last name) based on our legitimate interest in ensuring the ongoing management of its business and maintaining an acceptable and uninterrupted experience for other forum users. OnMotion will erase the account associated with such posts, such that the profile associated with the username is blank/anonymous in the event another user clicks on the username; however, the username will remain associated with any certain post or reply.
v. Because we maintain the OnMotion site to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
*Withdrawing Consent and Restriction of Processing: Where you have provided your consent to the processing of your personal information by OnMotion, you may withdraw your consent at any time by changing your account settings, Cookie Settings, or by sending a communication to OnMotion specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular, where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise, or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 11.6 and pending the verification whether the legitimate grounds of OnMotion override your own.
*Objection to Processing: In some jurisdictions, applicable law may entitle you to require OnMotion not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing, OnMotion will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise, or defense of legal claim(s). Where your personal information is processed for direct marketing purposes, you may, at any time, ask OnMotion to cease processing your data for these direct marketing purposes by updating your Cookie Settings.
*Adjusting Your Cookie Preferences: For customers located in the EEA and UK, you may adjust your Cookie Settings at any time by taking the following actions:
i. If you are accessing our site via a desktop browser, you can adjust your Cookie Settings by clicking the “Cookie Settings” link in the OnMotion footer.
ii. If you are accessing our site via a mobile app, or OnMotion’s application, you may access and adjust your Cookie Settings in the “Settings” menu in the mobile application.
One important note is that if you do go this route, this might adversely impact your ability to use our services effectively. Enabled cookies ensures a smoother experience when you use our Site(s) or mobile apps. For more information about the cookies we collect and management of your cookie preferences, visit our Cookies Policy.
*Complaints: You have the right to lodge complaints about the data processing activities carried out by OnMotion before the competent data protection authorities in your country. Additionally, OnMotion has appointed Jonas Majauskas as its GDPR Representative in the EU and UK. You can contact Jonas Majauskas regarding matters pertaining to the GDPR by contacting team@onmotion.app
Users who are resident in Brazil may have the following rights under the CCPA in addition to the rights set out in Section 6 of the Privacy Policy:
This section applies to all user operations involving the processing of personal data subject to the General Data Protection Law who reside in Brazil. For users who reside in Brazil, these provisions supersede any possibly divergent or conflicting provisions contained in the Privacy Policy. The term “Personal Information” in this section is as defined in the Lei Geral de Proteção de Dados (LGPD).
Categories of Personal Information Processes: To learn what categories of your Personal Information are processed, please reference the section titled “2.1 What Personal Data do we collect?” located within this document.
Why We Process Your Personal Information: To learn why we process your Personal Information, please reference the section titled “How We Use Information We Collect,” located within this document.
Right to Know and Access Your Personal Information: You may submit a verifiable request for information regarding the: (a) categories of personal data we collect, use, or share; (b) purposes for which categories of personal data are collected or used by OnMotion; (c) categories of sources from which we collect personal data; and (d) specific pieces of personal data we have collected about you.
Rectification of Inaccurate or Incomplete Information: You have the right to ask us to correct inaccurate or incomplete personal information concerning you.
Right to Equal Service: OnMotion will not discriminate against you if you exercise your privacy rights.
Right to Delete Your Personal Information and/or Revoke Consent: You may submit a verifiable request to close your account, and we will delete personal data about you that we have collected.
Complaints: You have the right to lodge complaints about the data processing activities carried out by OnMotion before the Brazilian National Data Protection Authority (ANPD).
OnMotion reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the OnMotion.app site and update the “Last Updated” date at the top of this Privacy Policy. If the changes are significant, we may also provide you with notice of the modification by e-mail or get your consent, as required by law. If you disagree with the revised Privacy Policy, you may cancel your OnMotion Account. If you do not cancel your account before the date the revised Privacy Policy becomes effective, your continued access or use of the OnMotion site will constitute acceptance of the revised Privacy Policy.
If you have questions about this Privacy Policy or OnMotion's information handling practices, you may contact us at: team@onmotion.app.