Minding Motion for Graceful Aging Privacy Policy

Last Updated: October 31, 2017


Welcome to our Privacy Policy!


Minding Motion For Graceful Aging, LLC (together with our affiliates, “Minding Motion”, “we”, or “us”) has adopted this privacy policy to let you know how we treat the information that we collect from you, how that information is used, with whom we share it, and your choices about such uses and disclosures. This Privacy Policy supplements and forms a part of Minding Motion’s Terms of Service as provided on the Minding Motion website. Capitalized terms not defined here have the meaning given to them in the Minding Motion Terms of Service.


When you use any part of the Minding Motion Service, including by browsing a Minding Motion Site, you are consenting to the collection, transfer, storage, disclosure and other uses of your information as described in this Privacy Policy.


This Privacy Policy does not apply to the practices of third parties that we do not own or control, including third party websites, services and applications that you elect to access in connection with the Minding Motion Service, or to individuals that we do not manage or employ. While we attempt to facilitate access only to those third-party services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those third-party services. We encourage you to carefully review the privacy policies of any third-party services that you access.


If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.


Information We Collect About You


In General. We collect both personally identifiable information and non-personally identifiable information from you as described in greater detail below.


Purchases. If you choose to purchase Minding Motion products or services from us, including fitness equipment and accessories, apparel, live in-studio classes or subscription services offered through any device, we may collect some or all of the following information:

  • Full name;
  • Email address;
  • Mailing address;
  • Phone number;
  • Emergency Contact (for live classes);
  • Financial Information; and
  • Other required or optional information as may be necessary or requested.


In addition, you may be given the opportunity to create an account with a user name and password. You should keep your password secure and not share it with anyone.


Financial Information. If you choose to purchase Minding Motion products or services, you may be asked to provide your payment information, such as a credit card number and/or other related information that may be required from you to complete your purchase (“Financial Information”). Unless we tell you otherwise at the time of your purchase we do not collect, store or maintain your Financial Information. For purchases made through the Minding Motion website, we provide a gateway to our third-party payment processor, PayPal, who will collect that information and process your payment; the use and storage of your Financial Information is governed by PayPal’s terms, conditions and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner, either directly or through the Minding Motion Service. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any Financial Information that we may process on your behalf, or that we receive from our financing partners, is subject to this Privacy Policy.


Public Profiles.  You may be given the opportunity to create a public user profile, which may include the following:

  • User name;
  • Home city or town;
  • Age;
  • Image;
  • Classes taken;
  • Fitness performance history
  • Followers;
  • Minding Motion achievements; and
  • Other information that may be available from time to time.


You acknowledge that this information may be personal to you, and by creating an account and providing such information, or by linking such information to your personal social media accounts, you allow others, including Minding Motion, to identify you and therefore you may not be anonymous. Minding Motion user profiles are available for view by Minding Motion and other Minding Motion users, and other users can contact or follow you through the Minding Motion Service. Content that you post on, through, or in connection with the Minding Motion Service, including on third party services, such as your social media accounts, may also be public.


Other User Content.  In addition to the information above, we collect other non-personally identifiable information, which may include, among other things:

  • In-person attendance history;
  • Purchase history;
  • Fitness related information;
  • Frequency of at home workouts;
  • Length of at home workouts;
  • Other information.

We may associate this information with other personal information that you have provided in order to provide and improve the Minding Motion Service and as otherwise described in this Privacy Policy.


Other Information Collected Automatically.


IP and Device Identifiers. The Minding Motion Service automatically collects usage information, such as the number and frequency of visitors to the Minding Motion Site and users of the Minding Motion Service. We may also collect device-specific information if you access the Minding Motion Service using a mobile device. Device information may include unique device identifier, media access control address, network information, and hardware model, as well as non-personally identifiable usage and traffic data and information about how the device interacts with the Minding Motion Service. This type of data enables us and third parties authorized by us to figure out how often individuals use parts of the Minding Motion Service and learn more about our users’ demographics and Internet behaviors, so that we can analyze, operate and improve our products and services.

Cookies and Web Beacons.  When you visit a Minding Motion Site, we may automatically collect information from your web browser, including your IP address, and may assign your computer one or more cookies to facilitate access to the Minding Motion Site and to analyze and personalize your online experience. Cookies may automatically collect information about your online activity on the Minding Motion Site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use some of the interactive features we offer. We may also use other standard Internet technologies, such as web beacons, to track your use of a Minding Motion Site. Web beacons allow ad networks to provide anonymized and aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these advertising companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. This Privacy Policy covers our use of cookies and similar technologies only and does not cover uses by third parties.


Social Networks.You can interact with your accounts on other social media services, such as Facebook, in connection with your use of the Minding Motion Service. For example, you may be able to access posting and sharing tools on the Minding Motion Service that allow you to post information to your social networks outside of the Minding Motion Service. By using these “sharing” tools, you acknowledge that some account information may be transmitted from that social media account to us; our treatment of that information is covered by this Privacy Policy. Additionally, when you use one of these tools, the third party service that operates the tool may be collecting information about your online activity through its own tracking technologies, subject to its own privacy policy. We encourage you to read the privacy and other policies of third party services, including any social networks you use in connection with the Minding Motion Service. We may also collect and receive your social media account login credentials in connection with providing you with the Minding Motion Service, but only if you expressly provide us with such information. We will only use this login information as set forth in this Privacy Policy or as otherwise expressly authorized by you.


How We Use the Information We Collect


In general. We may use information that we collect about you to:

  • to send you marketing communications about our products and services;
  • to provide you with the products and services that you purchase from us;
  • to enhance or supplement our services and products for you;
  • to communicate with your regarding the status of your products and services and to allow you to communicate with us;
  • perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others; and
  • perform functions as otherwise described to you in this Privacy Policy or at the time of collection.


With Whom We Share Your Information


We do not share your personal information with any third parties without your consent, except as may be necessary to deliver email messages to you, provide analytics and systems analysis for our internal use, process your payment information and/or provide other products and services that you have requested from us, or as further described in this section.


Promotions. Notwithstanding the foregoing, from time to time we may run promotional or marketing efforts, such as contests, sweepstakes and/or giveaways with third parties (collectively, “Promotions”). If you choose to participate in any such Promotions, then any personal information you provide in order to participate in a Promotion may be shared with such third parties and be subject to their privacy policies. In addition, you may be provided the opportunity to share your information through third party services like Facebook if you choose to do so.


Public Information. Please remember that any content you provide to your public user profile, along with any personal information or content that you voluntarily disclose in a manner that other users can view, can be collected and used by any Minding Motion user. In addition, your username will be displayed to other users through the Minding Motion Service, and other users can contact you through the Minding Motion Service. Content that you post publicly on, through, or in connection with the Minding Motion Service, including on third party services such as social media accounts, may also be public.


Agents. We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you, such as, for example, our extended warranty service providers and payment processor. Unless we tell you differently or as described elsewhere in this Privacy Policy, our agents do not have the right to use the personal information we share with them beyond what is necessary to assist us.


Financial Information. As described above, unless we tell you otherwise at the time you provide Financial Information, we do not store, process or maintain Financial Information. The use and storage of your Financial Information is governed by our payment processor’s and/or financing partner’s terms, conditions and privacy policies.


Marketing Partners. We sometimes share information gathered from our customers with carefully selected third party vendors, who assist us and other parties in marketing products and services. These vendors may assist us and other parties with customer research, management of customer and prospective customer databases, promotional mailings or other targeted promotions. The information shared may include your name, contact information, and transaction history. You may request at any time that we do not share your information with these third parties by contacting us using the methods described below.


De-identified Information. We may de-identify your personal information so that you are not identified as an individual and provide that de-identified information to our partners. We may also provide aggregate usage information to our partners, or allow partners to collect that information from you, and they may use such information to understand how often and in what ways people use the Minding Motion Service so that they, too, can provide you with a personal online experience.


Advertising and Analytics Services Provided by Others. We may use analytics service providers to analyze how you interact and engage with the Minding Motion Service so we can learn and make enhancements to offer you a better experience. We also allow others to serve advertisements on our behalf across the Internet.  These entities may use cookies, web beacons and other technologies to collect information about you. This information may be used by us and others to, among other things, analyze and track data, determine the popularity or effectiveness of certain content, deliver advertising and content targeted to your interests, and better understand your online activity.


Other Situations. We may also disclose your information:


  • In response to a subpoena or similar investigative demand, court order, or request for cooperation from law enforcement or other government agencies; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
  • In connection with a corporate transaction, such as the sale of our business or offering of securities, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. In any of these cases user information, including personal information, could be one of the assets transferred to or acquired or accessed by a third party.
  • We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with any law or order as described above, to enforce or apply our Terms of Service and other agreements, or to protect the rights, property, or safety of Minding Motion, our employees, our users, or others.


Your Choices Regarding Your Information


You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of the features of the Minding Motion Service.


Opt Outs.

  • If you have provided us with your email address and you would like to stop receiving marketing emails from us, click on the unsubscribe link at the bottom of any of our email communications. It may take up to 72 hours to process your unsubscribe request.
  • Calls and Texts. You may also opt out of receiving marketing communications from us via phone calls or text messaging; to do this, please contact us using the information in the “How to Contact Us” section below. For text messaging, you may also be able to text “STOP” in response to a text message you have received.
  • Direct Mail and Marketing Partners. If you do not wish to receive marketing communications from us via direct mail, or if you want to request that we do not share your contact information with our marketing partners, please contact us using the information in the “How to Contact Us” section below and specify your name and mailing address, and any other specific contact information that you wish to restrict.


Please note that even if you opt out of receiving marketing communications from us, we reserve the right to contact you for non-marketing reasons related to your Minding Motion products or account, such as for password recovery purposes or service calls that you have requested.

Accounts. If you have purchased a subscription for the Minding Motion Service or otherwise signed up for an account, then you may access your Minding Motion account at any time once logged on, and you may modify, update and change your account settings through your account. When you update information, we may maintain a copy of the unrevised information in our records. You can also delete your account by emailing us at support@mindingmotion.com.  Please note that we will need to verify that you have the authority to delete the account, and activity generated prior to deletion will remain stored by us. Also, some information may remain in our records after your deletion of such information from your account, and public activity on your account prior to deletion may remain publicly accessible.


Interest Based Advertizing Through the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about interest-based ads from participating third parties, please visit the DAA’s or NAI’s consumer opt out pages, which are located at http://www.networkadvertising.org/choices/ orhttp://www.aboutads.info/choices.


Do Not Track Policy. Through cookies we place on your browser or device, we may collect information about your online activity after you leave the Minding Motion Service. Just like any other usage information we collect, this information allows us to improve the Minding Motion Service, customize your experience, and perform the other activities described in this Privacy Policy. Your browser may offer a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. The Minding Motion Service does not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Minding Motion Service and after you leave our properties. Remember that this is just our Do Not Track policy, and we can’t and don’t make any promises about how third parties react when you set this signal on your browser.


Notice to California Residents. California residents are entitled to ask us for a notice that identifies the categories of personal information that we share with third parties for marketing purposes and that provides contact information for such third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the mailing address at the bottom of this Privacy Policy. Telephone requests cannot be accepted. Please note that our response will include only information about our sharing practices for information covered by the law.


How We Protect Your Personal Information


We strive to take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of sensitive personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to personal information. Your account is also protected by a password for your privacy and security and you must prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately, limiting access to your devices and browser, and by signing off after you have finished accessing your account. PLEASE KEEP IN MIND, HOWEVER, THAT NO METHOD OF STORAGE OR TRANSMISSION OVER THE INTERNET IS COMPLETELY SECURE, SO YOUR USE OF THE MINDING MOTION SERVICE AND PROVISION OF INFORMATION TO US IS AT YOUR OWN RISK.


Children’s Privacy


The Minding Motion Service is intended for a general audience, and we do not knowingly collect personal information from children under the age of 13. If you are under 13, please do not attempt to register for the Minding Motion Service or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at the address at the end of this Privacy Policy.


Visiting Our Websites from Outside the United States


This Privacy Policy is intended to cover collection of information from residents of the United States. If you are accessing the Minding Motion Service from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located. The data protection and other laws of the United States might not be as comprehensive as those in your country.


Changes to this Privacy Policy


We may update this Privacy Policy to reflect changes in our practices and services. When we make changes to this Privacy Policy, we will at a minimum revise the “last updated” date at the top of this Privacy Policy when we post the new Privacy Policy. If you use the Minding Motion Service after changes to the Privacy Policy have been posted, you are agreeing to all of those changes.


How to Contact Us


If you have any questions about this Privacy Policy or our information handling practices, please contact us by email or postal mail at the below addresses:

Minding Motion for Graceful Aging, LLC

PO Box _______

Salt Lake City, Utah 84106