Privacy Policy
Last modified: February 10, 2023
This Privacy Policy describes the manner in which GTG Systems, LLC (“We”, “Our” or “Us”) collects, uses, maintains and discloses information collected from users (“You”, “Your” or a “User”) of the Move Better – Move More® (“App”), which offers wellness services that feature a movement-centric approach to musculoskeletal health. This Privacy Policy applies only to information We collect in this App.
We use Everfit Technology, Inc.’s platform to deliver Our services and the App to Users. Please note that as a User of Our App, some of the Everfit Privacy Policy is applicable to You and Your use of Our App. By agreeing to this Privacy Policy, You also agree to the Everfit Privacy Policy, which is incorporated herein by this reference.
This Privacy Policy does not apply to information that:
We collect offline or on any of Our other apps or websites, including websites You may access through this App.
You provide to or is collected by a third party. Third party websites and apps have their own privacy policies, which We encourage You to read before providing information on or through them.
General
In addition, please review the App’s Terms of Use which govern Your use of the App. By using the App, You agree to the Terms of Use and consent to Our collection, use and sharing of Your information and data, and other activities, as described in this Privacy Policy. Please read this Privacy Policy carefully to understand Our policies and practices regarding Your information and how We will treat it. If You do not agree with Our policies and practices, do not download, register with, or use this App.
Children Under the Age of 13
The App is not intended for children under 13 years of age, and We do not knowingly collect personal information from children under 13. If You are under 13 years of age, please do not use or provide any information on the App. If We learn We have collected or received personal information from a child under 13 without verification of parental consent, We will delete that information. If You believe We might have any information from or about a child under 13, please contact Us through one of the methods provided at the bottom of this Privacy Policy.
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see below Your State Privacy Rights for more information.
Information We Collect and How We Collect It
We collect information from and about Users of Our App directly from You when You provide it to Us and automatically when You use the App.
Information You Provide to Us
We collect the information:
You provide to Us when You download, register with, or use the App.
From any correspondence if You contact Us, for example, such records would include Your e-mail address.
You provide when You carry out a transaction through the App.
Your search queries in the App.
We receive from others, such as other Users or Our payment processors.
You import into the App from any third-party source.
You provide when You fill out a form or questionnaire using the App.
You submit or provide content when using the App including, but not limited to, physical activity logs and other activity or health related information.
Related to how You use the App, including the frequency and specific times You access the App.
The information that You provide and We collect may include Your:
Name or alias
Age or date of birth
Gender
E-mail Address
Username and password
Membership and/or account details
Sign-on information provided to third parties (where You access the App through a third-party interface, such as a social media site)
Payment information, collected and processed by Our payment provider
Other personal information You provide to Us
Automatic Information Collection and Tracking
When You download, access, and use the App, it may use technology to automatically collect:
Usage Details. When You access and use the App, We may automatically collect certain details of Your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that You access and use on or through the App.
Device Information. We may collect information about Your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
Stored Information and Files. The App also may access metadata and other information associated with other files stored on Your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
We also may use these technologies to collect information about Your activities over time and across third-party websites, apps, or other online services (behavioral tracking). If You do not want Us to collect this information, please contact Us through one of the methods listed at the bottom of this Privacy Policy for information on how You can opt out of behavioral tracking on or through this App and how We respond to browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking. For more information, see below Your Choices About Our Collection, Use, and Disclosure of Your Information. Note, however, that opting out of the App’s collection of location information will disable its location-based features.
Information Collection and Tracking Technologies
The technologies We use for automatic information collection may include:
Cookies (or mobile cookies). A cookie is a small file placed on Your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on Your smartphone. However, if You select this setting You may be unable to access certain parts of Our App. Unless You have adjusted Your settings so that it will refuse cookies, the App will issue cookies when You use the App.
Flash Cookies. Certain features of the App may use local stored objects (Flash cookies) to collect and store information about Your preferences and navigation to, from, and on the App. Flash cookies are not managed by the same browser settings as are used for mobile cookies.
Web Beacons. The App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Us, for example, to count Users who have visited those pages and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
Third-Party Information Collection
When You use the App or its content, certain third parties may use automatic information collection technologies to collect information about You or Your device. These third parties may include:
Advertisers, ad networks, and ad servers.
Analytics companies.
Your mobile device manufacturer.
Your mobile service provider.
These third parties may use tracking technologies to collect information about You when You use this app. The information they collect may be associated with Your personal information or they may collect information, including personal information, about Your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide You with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If You have any questions about an advertisement or other targeted content, You should contact the responsible provider directly. For more information, see below Your Choices About Our Collection, Use, and Disclosure of Your Information.
How We Use Your Information
We may use Your information for any purposes not inconsistent with this Privacy Policy and not prohibited by applicable law, including, without limitation, the following:
To enable Your use of the App’s features and functionality.
Provide You with the App and its contents, and any other information, products, or services that We provide through the App.
To enable You to transmit data and communications to Us.
To manage and administer the App, including account management.
To carry out Our obligations and enforce Our rights arising out of any contracts entered into between You and Us.
To improve the App and notify You when App updates are available, and of changes to any products or services We offer or provide though it.
To send You push notifications on mobile devices where You have agreed to this Privacy Policy and its terms.
To prevent and address fraud, breach of policies or terms, and threats of harm.
To store information about You and Your preferences, allowing Us to customize the services according to Your individual interests and recognize You when You return to the App.
For purposes specified at the time of collection.
Disclosure of Your Information
We may disclose aggregated information about Our Users, and information that does not identify any individual or device, without restriction.
In addition, We may disclose personal information that We collect or You provide:
To Our subsidiaries and affiliates.
To contractors, service providers, and other third parties We use to support Our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which We disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, 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 personal information held by Us about Our App Users is among the assets transferred.
To third parties to market their products or services to You if You have consented to or not opted out of these disclosures. For more information, see below Your Choices About Our Collection, Use, and Disclosure of Your Information.
To fulfill the purpose for which You provide it.
For any other purpose disclosed by Us when You provide the information.
With Your consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce Our rights arising from any contracts entered into between You and Us, including the App Terms of Use.
If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Us, Our customers, or others.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We provide You with choices regarding the personal information You provide to Us. This section describes mechanisms We provide for You to control certain uses and disclosures of over Your information.
Tracking Technologies and Advertising. You can set Your browser to refuse all or some browser cookies, or to alert You when cookies are being sent. If You disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
Promotion by Us. If You do not want Us to use Your personal information to promote Our own or third parties’ products or services, You can opt-out by sending Us an e-mail stating Your request to the e-mail address listed at the bottom of this Privacy Policy. If We have sent You a promotional e-mail, You may send Us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to Us as a result of a purchase, product service experience, or other transactions.
We do not control third parties’ collection or use of Your information to serve interest-based advertising. However, these third parties may provide You with ways to choose not to have Your information collected or used in this way. You may opt out of receiving targeted ads from members of the Network Advertising Initiative on their website.
Residents in certain states, such as California, may have additional personal information rights and choices. Please see below Your State Privacy Rights for more information.
Accessing and Correcting Your Personal Information
You can review and change Your personal information by logging into the App and visiting Your account homepage. You may also send Us an e-mail, call Us, or mail a letter by each method listed below to request access to, correct, or delete any personal information that You have provided to Us. We cannot delete Your personal information except by also deleting Your user account. We may not accommodate a request to change information if We believe the change would violate any law or legal requirement or cause the information to be incorrect. Your information may remain in databases, access logs, backup media, and other records, provided that any retained personal information remains subject to the privacy protections in this Privacy Policy. We cannot update or remove information from records of third parties.
Residents in certain states, such as California, may have additional personal information rights and choices. Please see below Your State Privacy Rights for more information.
Protection of Your Information
We use reasonable data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of Your personal information, username, password, transaction information and data stored on the App or Our servers. However, it is impossible to guarantee security of any data stored on a device or transmitted over the Internet. While We seek to protect information, We cannot guarantee the security of any personal information You provide through the App. You are entirely responsible for maintaining the confidentiality of Your username and password and for any and all activities that occur under Your account.
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding Our use of their personal information. To learn more about California residents’ privacy rights, visit https://oag.ca.gov/privacy/ccpa.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits Users of Our App that are California residents to request certain information regarding Our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail or write Us at the address listed below at the bottom of this Privacy Policy.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
Confirm whether We process their personal information.
Access and delete certain personal information.
Data portability.
Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights please submit a request by sending an e-mail or writing to Us at the address listed below at the bottom of this Privacy Policy.
Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to one of the designated addresses listed at the bottom of this Privacy Policy.
Disclaimer
While We attempt to keep the App updated, We do not guarantee or warrant the accuracy, reliability, or timeliness of any information published on the App or any website that links to or is linked from Our App. Neither We nor any subsidiary or affiliate, nor any employee, owner, director, trustee, employee, or contractor shall be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information. Any User that relies on any information obtained using this App does so at their own risk. While We exert reasonable efforts to maintain the privacy and security of all information that is accessible, or accessed, through the App, all Users acknowledge that electronic information is susceptible to unauthorized access, and that such information may be used, disclosed, modified or corrupted without authorization or unintentionally.
Changes to this Privacy Policy
We have the discretion to update this Privacy Policy at any time. When We do, We will revise the “updated” date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how We collect and use Your information. You acknowledge and agree that it is Your responsibility to review this Privacy Policy periodically and become aware of modifications.
Contact Information
If You have any questions about this Privacy Policy, the App, or Your information, You may contact Us by any of the following methods:
E-mail: privacy@mb-mm.com
Phone: 800-603-6048
Mail: GTG Systems, 9101 Wesleyan Road, Suite 100, Indianapolis, IN, 46268
Website: www.mb-mm.com
