Madeline Moves, Inc. Privacy Policy

Effective Date of Privacy Policy: May 7, 2024

This Privacy Policy (the “Privacy Policy”) describes how Moves by Madeline, Inc. (“Moves”, “we”, “us") collects, uses, maintains, and discloses information that we obtain about users (“you”) of our website www.movesapp.com (the “Site”), our mobile application (the “App”), and the services available through our Site and App, information we collect about you through our social media pages, or interact with us offline (collectively, the “Services”) This Privacy Policy applies when you use the Site, access products or Services that link to this Privacy Policy, engage with us via social media or similar means, or otherwise interact with us. In the event of a conflict between this Privacy Policy and any other Terms and Conditions, this Privacy Policy applies.

What Information Do We Collect?

We collect Personal Information from you when you: (1) communicate with us via email, telephone, mail, social media, or other method; (2) enter a sweepstakes, contest or other promotion (in accordance with the applicable official rules); (3) order or purchase products and services; (4) opt-in to receive email newsletters or other promotional materials; (5) provide information on our Site or within our App; or (6) otherwise provide us with your Personal Information.

Specific Personal Information we collect may include, without limitation:

  • name;
  • email address;
  • phone number;
  • address;
  • customer service requests;
  • health data, including height, weight, pregnancy status, and similar information (if you choose to share such information via our Site or App);
  • photos (if you choose to share these via our Site or App);
  • demographic information, including birthdate and gender;
  • purchase history;
  • payment information (which may include bank account information or credit card information);
  • log information, including the web browser you use, app version, date and time of use, pages viewed, your IP address, and the page you visited before navigating to our website, device type, and installation data;
  • information about your activities on the Site or App or interaction with links or content provided by Moves, including emails sent via email;
  • location information, including precise or approximate location information provided by a mobile or other device interacting with our Site or App, or associated with your IP address or other online or device identifier, to the extent we are permitted by law to process this information;
  • error and use codes; and
  • user name and password (if applicable).

We may use a third-party provider to process payment and that third-party may receive and store your payment information, in which case the privacy practices of that third party apply to such Personal Information. We may request additional information to verify your identity in certain instances.

By voluntarily providing us with Personal Information, you are consenting to our use of it in accordance with this Privacy Policy, including without limitation, receiving communications regarding our products and Services or products and services from our partners. If you provide Personal Information to us via our Site or our App, you acknowledge and agree that such Personal Information may be transferred from your current location to the offices and servers of MOVES and the authorized third parties referred to herein for the purposes described in this Privacy Policy.

Non-Personal Information

As part of the standard operation of the Site, MOVES or its third-party contractors may collect certain non-personal information from you, which may include approximate location or geolocation data . This information is not personally identifiable and is only used in aggregate (not in any way that personally identifies you). In addition, we may collect information about your browsing behavior, such as the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing the Site, the number of times you return to the Site and other click-stream data.

Cookies

We may use cookies or web beacons to collect the information described above. A cookie is a small text file that may be stored on the hard drive of your computer when you access the Site or use a web-enabled app. We may also use cookies to: (1) monitor Site usage; (2) conduct research to improve our content and services; (3) track items in your shopping basket in order to return you to the correct re-entry page on the Site after your purchase; (4) manage authentication and security; (5) provide personalized content and marketing on our site and on third parties’ sites and applications. You may change your web browser’s settings to adjust your cookie preferences. Check the “Help” menu of your browser to learn how to change your cookie preferences. We may also offer you the option of rejecting non-essential cookies. Certain functions of the Site may be dependent upon your acceptance of cookies. We, certain service providers, and third parties may collect information about your activity, or activity on devices associated with you, on our sites and applications and third-party sites and application using tracking technologies such as cookies. We may collect information whether or not you have created an account and may associate data with your account, if you have created an account.

Third Party Web Analytics Services

We may use third party web analytics services on the Site and in communications we send to you. The service providers that administer these services also use technologies such as cookies, web server logs, web beacons and similar technologies to help us analyze how you use the Site and our emails.

Use of Information

We may use the Personal Information and non-personal information we collect from and about you for any of the following purposes:

  1. to fulfill your requests for products and services;
  2. to provide you with targeted offers and advertising on the Site;
  3. to contact you when necessary (e.g. providing efficient customer service);
  4. communicate with you about changes to our policies;
  5. maintain or administer the Site and App, perform business analyses, or for other internal purposes to optimize or improve the quality of our business, the Site, the App, and the products and Services we offer;
  6. to address problems with the Site, the App, our business, or our products and Services;
  7. detect, investigate, and prevent activities that may violate our policies, be illegal, or damage the Site, the App, our business, or others’ businesses, and enforce our Terms and Conditions;
  8. as otherwise described to you at the point of collection or pursuant to your consent.
  9. to contact you with information and promotional materials and offers from us, as well as from our affiliated organizations, marketing partners, and other third parties. If you would prefer not to receive such communications, please send your request to support@movesapp.com with the subject “Privacy Opt Out”.

Disclosure of Personal Information

We may disclose your Personal Information and other non-identifiable information to the following parties:

  1. Employees and Independent Contractors: We may share your Personal Information with our employees, independent contractors, subsidiaries, affiliates, consultants, business associates, service providers and suppliers, if the disclosure will enable any of these individuals or entities to perform a business, professional, fulfillment, marketing, information technology, or technical support function for us.
  2. Third Party Service Providers: We may share your Personal Information with third party service providers that perform functions on our behalf. These entities may have access to your Personal Information only as needed to perform their functions. These may be organizations such as Exercise.com for Site and App hosting services and payment processing functionality, Stripe for payment processing, MixPanel, Google Analytics, and Appsflyer for Site and App analytics data, Mailchimp, Braze, and Intercom for customer communications and customer support, Rewardful for payment services, common carriers such as UPS and Federal Express, Sentry for App error diagnostics and Utility NYC LLC for Site and App development.
  3. Corporate Partners and Affiliates: We may share your Personal Information with related corporate partners and other affiliated entities for a variety of purposes, including business, operational, and marketing purposes. For example, we may partner with another organization in a joint marketing effort and our partner organization may send such marketing materials to our customer list.
  4. Other Third Parties By Law or In Emergency Situations: We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to applicable law or comply with legal process or discovery request served on us or the Site; (b) protect and defend our rights or property, the Site or our users; or (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Site or the public.
  5. Other Parties In Connection With a Transaction: We may change our ownership or corporate organization while providing the Site. We may also sell certain assets associated with the Site. In such event(s), we may transfer some or all of your Personal Information to an organization or individual acquiring all or part of our assets, or to an organization with which we have merged or that has otherwise acquired our business.
  6. Other Parties With Your Consent: We may share Personal Information about you with other third parties when you consent to such sharing. In addition to the disclosures above, we may disclose non-Personal Information to third parties, such as aggregate website usage data or demographic reports that do not describe or identify individual users.

To opt out of the disclosure of your Personal Information to third parties, please contact support@movesapp.com with “Privacy Opt Out” in the subject line. Please note we will honor your request except as necessary to fulfill a conflicting request from you (e.g. fulfill a product order by providing your name and billing information to our third-party billing vendor).

Retention of Personal Information

We may retain Personal Information for as long as needed to administer the purpose for which we originally collected the Personal Information, to facilitate and maintain an ongoing business relationship with you, for purposes provided in this Privacy Policy, or as permitted by applicable law. The criteria used to determine our retention periods may include:

  1. An ongoing relationship with you as a customer, subscriber, or constituent of MOVES (e.g. you maintain an account with us, are in an ongoing contractual relationship, or have recently communicated with us in some manner) or user of the Site;
  2. If there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  3. Whether retention is advisable when considering our legal position or the legal position or safety of a relevant third party (such as in regard to applicable statutes of limitations, litigation or regulatory investigations, discovery requests from third parties, etc.); or
  4. For other purposes as provided in this Privacy Policy.

Children’s Privacy

We do not direct the Site to, nor do we knowingly collect or maintain any Personal Information from, children under the age of thirteen (13). If we have unknowingly collected Personal Information from a child under the age of thirteen and you are the child’s parent or legal guardian, please contact us at support@movesapp.com to request that we remove such Personal Information.

Children under the age of eighteen (18) or their legal guardians in certain jurisdictions may also have additional privacy rights. Please see the “U.S. State and International Privacy Rights” section below.

Security and Electronic Communication

The privacy of communication over the Internet cannot be guaranteed, because the Internet is not a secure medium. Thus, we cannot ensure or warrant the security of any information you transmit to us.

Therefore, You agree that we are not responsible for any harm, loss, or damage you may incur by the sending of Personal Information or other confidential information over the Internet to us, and you agree that such communications are made at your own risk.

Third Party Content and Links to Third Party Websites

The Site may contain content hosted or served by third parties or link to websites operated by third parties. Please be advised that the practices described in this Privacy Policy do not apply to information gathered by these third parties. We are not responsible for the actions and privacy policies employed by any third party, and our hosting of third-party content or linking to third party websites does not constitute an endorsement of the content or business practices of those third parties.

Governing Law

While we make a good faith effort to comply with local data protection and consumer rights laws to the extent they may apply to our services, the Site is published in the United States.

If you are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where you are located, you should not submit your Personal Information to MOVES. This Privacy Policy and its terms shall be governed and construed in accordance with the laws of the United States and the State of South Carolina without regard to the conflicts of laws provisions therein. Any claim or dispute related to this Privacy Policy or the privacy practices of MOVES shall be handled as set forth in Section 9.9 of our Terms and Conditions available [here].

Transfer of Data to the United States

If you are located outside the United States of America, you should be aware that your Personal Information will be transferred to the United States of America. If you are located in a country outside the United States of America and voluntarily submit Personal Information to us on the Site, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States of America. Depending on the nation of your citizenship or residence, you may be entitled to certain other privacy rights.

Changes to This Privacy Policy

We may make changes to this Privacy Policy from time to time. If we implement any such changes, we will notify you by updating the effective date appearing at the top of this page. We may also notify you by other means such as email or a statement on the Site indicating we have changed the terms of this Privacy Policy. Your continued use of our Site following the posting of changes to these terms will mean you accept those changes. Use of information (including Personal Information) we gather or that is in our possession is subject to the Privacy Policy as in effect at the time of collection.

How To Opt-Out or Correct Your Information

You may opt-out of receiving future marketing emails or newsletters from MOVES. We provide you with the opportunity to opt-out of receiving such communications from us by clicking on the “unsubscribe” link within the email you receive. Please note that your request not to receive unsolicited marketing emails from us will not apply to messages that you request or that are not marketing in nature.

Do Not Track

The Site and App may not respond to the Do Not Track setting of your web browser or mobile phone.

U.S. State Privacy Rights

Certain states within the United States have enacted their own privacy laws granting their residents certain rights in their Personal Information. These laws vary by state and may or may not apply. If you live in a state whose privacy law governs our collection or processing of your Personal Information, you may have the right to: (1) request to know your Personal Information we possess and access your Personal Information; (2) request that we delete your Personal Information, (3) request that we correct any inaccuracies in your Personal Information, and (4) not be discriminated against for exercising these rights granted to you under relevant privacy laws. States whose privacy law may be applicable include California, Colorado, Connecticut, Utah, and Virginia (other states may also be added as new laws become effective). If you are curious if your state’s law governs our processing of your Personal Information, please contact us at support@movesapp.com with “State Privacy Request” in the subject line.

California Privacy Rights for California Residents

Shine The Light: Under California’s "Shine the Light" law, California residents who provide Personal Information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the Personal Information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared Personal Information for the immediately prior calendar year (e.g., requests made in 2024 will receive information regarding 2023 sharing activities).

If you are a California resident wishing to exercise any of these rights, please send an email message to support@movesapp.com with "Request for California Privacy Information" in the subject line and in the body of your message. The requested information, if required by law, will be provided to you at your email inbox. Moves may request reasonable documentation, as permitted by law, to verify your identity prior to delivering any information.

Rights of European Union and United Kingdom Residents

For those visitors to our Site and users of our Site and App to whom GDPR or GDPR UK applies, the processing of your Personal Information is governed by such laws. This section provides information regarding the rights these laws grant to E.U. and U.K. residents, respectively and the responsibilities of MOVES under such regulations.

  1. Rights: If GDPR or UK GDPR applies to you and you submit your Personal Information to us or we otherwise collect Personal Information about you as defined by relevant law, you have the following rights regarding how we manage your Personal Information. For purposes of this “EU User Rights” section, “Personal Information” means Personal Information, as the term means above in this Privacy Policy, as well as any information which MOVES may link or otherwise connect with your account or identity. To exercise the rights provided below, please submit your request to support@movesapp.com with the subject “EU Privacy Request” or “UK Privacy Request.”
    1. Explanation and access to your Personal Information: You have the right to be informed about your Personal Information MOVES has in its possession. You also have the right to request a copy of all Personal Information in MOVES’s possession if MOVES collected such Personal Information based on consent or because it is required to provide a service that you requested from Organization.
    2. Data Deletion: You may request the deletion of your account and all Personal Information in our possession. MOVES may retain certain Personal Information if required by law or for legitimate business purposes as permitted by GDPR.
    3. Data Correction: If you believe in Personal Information in MOVES’s possession is inaccurate, you may request correction of such Personal Information.
    4. Objections: You may object to MOVES’s processing of your Personal Information (including for marketing purposes), based on profiling or automated decision-making. However, MOVES may continue to process your Personal Information if it is doing so in accordance with GDPR regulations. You may file a complaint with the appropriate European governmental agency if you believe MOVES’s management of your Personal Information is not in accordance with GDPR.‍
  2. Grounds for Processing Personal Information.‍
    1. Consent: MOVES may collect and use your Personal Information based on your consent. You may revoke your consent at any time but doing so will prevent you from accessing any service or feature that requires collection or use of the Personal Information MOVES collected or used based on consent. MOVES relies on consent in connection with data collections or uses of Personal Information that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you.
    2. To provide certain services you request. To provide you with certain services that you request from MOVES, we may collect and use Personal Information such as, for example: (i) information necessary for your account or user profile, for communicating with you, for verifying your identity, to fulfill orders for products or services, or to make or receive payments; (ii) transaction information about a specific transaction you have initiated with MOVES; or (iii) usage information, which is necessary to maintain, optimize, and enhance MOVES's services, such as products or features on our website which generate greater traffic.
    3. Compliance with legal obligations, protecting the vital interests of a third party or general public. MOVES may process or disclose Personal Information to comply with a legal investigation, at the request or law enforcement, if there is a threat to the safety or property of another person, or a substantial public interest.
    4. Necessary for MOVES’s legitimate interests such as, for example: (i) to prevent, detect and combat fraud in connection with the use of our services: (ii) to provide customer support; (iii) to optimize our service and develop new services: (iv) for research and analytical purposes. This includes, for example, analyzing usage trends to improve the user experience; (v) for direct marketing purposes. This includes, for example, analyzing data to identify trends and tailor marketing messages to user needs; or (vi) to enforce MOVES’s Terms and Conditions.

How To Contact Us

If you have any questions about this Privacy Policy, you may contact us as follows:

Email: support@movesapp.com