PRIVACY POLICY

RMS Movement Privacy Policy

Effective Date: June 27, 2023

Welcome to RMS Movement! We urge you to take a moment and review our Privacy Policy.

Residents of certain countries, please note that Additional Terms may be applicable to you, which can be found at the end of this Privacy Policy. In case of any discrepancy, the Additional Terms shall prevail.

At RMS Movement, your privacy is our utmost priority. As our valued user (“User”, “you”, or “your”), we are dedicated to the protection and responsible handling of your Personal Data. We will be clear and transparent about the Personal Data we are collecting and what we will do with that Personal Data. This Privacy Policy outlines the types of Personal Data we collect through our websites (https://www.rms-movement.com), RMS Movement mobile application (https://rmsmovement.mvt.so/), forums, journal, social media pages, or any other products or services that form part of RMS Movement’s platform (collectively referred to as the “Platform”).

We will address the following topics withing our Privacy Policy:

Data Controller Responsibility
Collection of Personal Data
Purpose and Usage of Personal Data
Protection and Management of Personal Data
Sharing of Personal Data
User Rights and Choices
Cookies
External Links
Protection of Minors
Policy Updates
How to Contact Us?
Additional Terms

1. Data Controller Responsibility

RMS Movement and its affiliates (collectively, “RMS Movement”, “we”, “us”, or “our”) are the “data controllers”. We are responsible for the collection and use of your Personal Data in accordance with data privacy laws, principles, and regulations which may apply to you (including the Privacy Act 1988 (Cth) ("Privacy Act"), the applicable Australian Privacy Principles under the Privacy Act, the European General Data Protection Regulation ("GDPR"), the General Data Protection Regulation of the United Kingdom ("UK GDPR") and the Californian Consumer Privacy Act as amended by the California Privacy Rights Act and its implementing regulations ("CCPA")) (collectively, "Data Privacy Law").

2. Collection of Personal Data

We may collect your Personal Data directly or indirectly through various sources to provide you with the services or products you request. Personal Data, as defined by Data Privacy Laws, encompasses any information that allows us to identify you, such as name, contact information, social media handles, and purchase details.

The categories of Personal Data we may collect include:

Mandatory information such as name, email address, and date of birth required for creating a User Account.
Additional information including country of residence, gender, home address, and phone number.
Health information, including data generated by devices like smartwatches or heart monitors connected to RMS Movement’s application.
Fitness and lifestyle activity data, including workouts and durations.
User preferences and information provided in your User Account.
Content you post or share on the Forum.
Information provided in feedback, workout reviews, and surveys.
Details of purchases made through the Platform.
Payment information for transactions on the Platform (excluding membership payments).
Communications with RMS Movement via various channels.
Photos, audio, contacts, calendar information, or social network information shared through selected services or features.
Data regarding referrals.
Information from third-party accounts (e.g., Facebook, Apple) used to log into the Platform.
Location data derived from IP addresses for customization purposes (e.g., language settings).
Internet or network activity data, such as browsing identifiers and interactions with our website.

Health and Sensitive Information

Users may opt to input health data (e.g., height, weight) into the RMS Movement App, including sensitive health information under certain conditions aimed at protecting the user. In jurisdictions requiring explicit consent, users must grant permission before entering health data or sensitive information. Consent can be withdrawn at any time by contacting us.

3. Purpose and Usage of Personal Data

We use your Personal Data to provide and enhance services, communicate with you, customize your experience, and ensure the security and integrity of our Platform. The detailed purposes include:

Processing your registration and managing your User Account.
Delivering services, products, and information you request or purchase.
Customizing content and experiences.
Communicating with you, including responding to queries, feedback, and providing support.
Analyzing usage, improving services, and developing new features.
Complying with legal obligations and protecting the rights, safety, and property of RMS Movement and its users.

3.1 Provide features of the Platform and the products and services you request:

We use the Personal Data you provide to RMS Movement to offer the Platform and the products and services you request, including:

Creating and setting up your User Account;
Fulfilling orders for products placed through the Platform, and communicating with you about these orders. This includes processing information for internal accounting, billing, and audit purposes;
If you participate in the RMS Movement forum, the information that you share will be public and can be accessed by anyone. As this information is public, it may also be indexed and accessible through third-party internet search engines, websites, and apps. For further information about how content posted in the forum is publicly available, please refer to our Forum Community Guidelines; or
Offering you personalized recommendations for workouts or activities based on your previous interactions with the Platform.

3.2 Communicate information about our products and services and for other promotional purposes:

With your consent or as permitted by applicable Data Privacy Law, we use your Personal Data to provide information and recommendations that we believe may interest you before, during, and after your interactions with us. This includes marketing communications and news concerning our products, services, events, and other promotions. You can opt out of these communications at any time. RMS Movement may use personal information collected through your use of the Platform, such as user preferences and profile data, to provide tailored promotional materials.

3.3 Customer service communications:

We use your data to manage our relationship with you as a user of RMS Movement and to improve our services and enhance your experience. For example, we respond to your inquiries when you reach out to us. We may also conduct surveys to gauge satisfaction with our Platform and the services and products we provide.

3.4 Administrative or legal purposes:

We use your Personal Data for operational purposes, including statistical and marketing analysis, systems testing, troubleshooting, maintenance, and development of our Platform, or to address disputes or claims. Additionally, we perform data analysis based on the data we collect from you for statistical and marketing analysis purposes.

3.5 Security, health, administrative, crime prevention/detection, and legal purposes:

We use your Personal Data to verify your information and identity and to protect against and prevent fraud and other unlawful activities. We may also share your Personal Data with government authorities or enforcement bodies for compliance with legal requirements or as otherwise required by applicable Data Privacy Law.

3.6 Other purposes:

We may also use your Personal Data in other ways and will provide specific notice at the time of collection and obtain your consent unless otherwise permitted by applicable Data Privacy Law.

Our processing of your Personal Data for the above purposes is done under the following legal basis:

To comply with a legal obligation;
Necessary for the performance of a contract with you, such as providing you with our services on the Platform;
In our legitimate interests as an organization (e.g., for administrative purposes or to improve the functionality of our Platform);
Where you have consented to our using your personal data;
Where you have made such information public; and
To protect your vital interests or those of another person.

Where we receive your Personal Data as part of providing our services to you, we require this data to carry out our contract with you. Without the necessary Personal Data, we may not be able to provide our services.

Personal details including your nationality or physical or mental health are considered “sensitive” Personal Data under applicable Data Privacy Law. We will process any such data only if you have given your explicit consent, or it is necessary (for instance, if you request special assistance), or if the sensitive Personal Data has been manifestly made public by you (e.g., by posting information about your health/fitness status in the RMS Movement Forum), or otherwise in compliance with applicable Data Privacy Law.

The Platform may require information about your physical health to provide certain functions or services, including when you use or interact with a Linked Device that integrates with the Platform. If you choose not to provide certain health information, some functions or services within the Platform may be unavailable or not function properly.

You may withdraw your consent for RMS Movement’s processing of your health information by contacting us at any time.

4. Protection and Management of Personal Data

4.1 Encryption and security

At RMS Movement, we adhere to stringent security measures to protect the storage and disclosure of your Personal Data, safeguarding it against unauthorized access, modification, or disclosure, and accidental loss, destruction, or damage. The data you provide to us is shielded using SSL (Secure Socket Layer) technology. SSL is an industry-standard method for encrypting Personal Data and credit card information, enabling their secure transfer over the internet.

4.2 International transfers of your Personal Data

RMS Movement operates globally, and some of our operations are not situated within the EU, EEA, or the UK. The Personal Data collected by RMS Movement may be stored in different locations including, but not limited to, the United States, and may also be shared with third-party data recipients (e.g., e-commerce and logistics providers, customer support providers) that are situated outside the EEA, UK, or the United States. Consequently, the Personal Data that you furnish to RMS Movement may be transferred internationally to countries other than where you initially provided the data.

As countries outside the EU, EEA, and the UK may not always have robust data privacy laws, we implement measures to protect your Personal Data as outlined in this Privacy Policy and in compliance with applicable Data Privacy Law. We also mandate all third-party data recipients to handle your information securely and in accordance with GDPR and other applicable Data Privacy Laws (e.g., through the signing of the EU Standard Contractual Clauses). For further inquiries or to request to view copies of the applicable safeguards, please reach out to us using the contact information provided below.

4.3 Retention of your Personal Data

RMS Movement will not retain your data for a longer period than necessary for the purposes it is being processed for. In determining the appropriate retention period, we take into account the volume, nature, and sensitivity of the personal data, the purposes for processing it, and whether those purposes can be achieved through other means.

We also regard the periods for which we may need to retain personal data to comply with our legal obligations or to address complaints and queries, and to safeguard our legal rights in the event of a claim.

In general, this implies that we will probably keep your Personal Data for as long as your RMS Movement Account is active. Following the closure of your RMS Movement Account, we may still retain a limited portion of your Personal Data to maintain continuous communication if and when we are in contact with you again, and to fulfill our internal processes and legal obligations.

Once your personal data is no longer needed, we will securely erase or destroy it. We will also evaluate if and how we can minimize the personal data that we use over time and if we can fully anonymize your personal data so that it can no longer be linked to you or identify you, in which case we may use that information without further notice to you.

5. Sharing of Personal Data

RMS Movement may share your Personal Data with the following entities for the purposes outlined in this Privacy Policy:

Affiliates and partners within RMS Movement’s network;
Users of the RMS Movement Platform, when you select specific services or features (e.g., sharing your fitness activities with friends through social media platforms);
Trusted e-commerce providers, who may offer RMS Movement products;
Social media platforms under various circumstances;
Companies, contractors, or agents that help us in delivering services to you, such as e-commerce platforms, customer support, legal services, administration services, and IT support;
Companies engaged in marketing efforts or marketing platform providers;
Companies providing personalized recommendations to you through the RMS Movement Platform;
Government authorities, law enforcement bodies, and regulators for compliance with legal mandates

6. User Rights And Choices

Under applicable Data Privacy Laws, you have various rights regarding your Personal Data. At RMS Movement, we are committed to honoring these rights:

6.1 Transparency

At RMS Movement, you have the right to inquire if we possess any Personal Data about you. If we do, you can request to know what kind of information is being held and why it is being stored or used.

6.2 Access

You have the right to request access to your Personal Data, a provision known as "data subject access request". This enables you to obtain a copy of the Personal Data we retain about you and to verify that it’s being processed lawfully.

6.3 Correction

You possess the right to request the correction of any Personal Data we have on you. This allows you to amend any incomplete or inaccurate information.

6.4 Erasure

You can ask for the deletion of your Personal Data when there’s no justifiable reason for its continued processing. Additionally, you can request the removal of your Personal Data if you have previously objected to its processing.

6.5 Object

You have the right to object to the processing of your Personal Data if we are relying on a legitimate interest (or those of a third party) and your particular circumstances make you wish to object to processing on this basis. You can also object if your Personal Data is being used for direct marketing purposes.

6.6 Automated Decision Making and Profiling

You have the right to object to automated decision-making, including profiling, ensuring that you are not subject to decisions made solely by automated means.

6.7 Restriction of Processing

You can request the restriction of your Personal Data processing. This allows you to ask us to pause the processing of your Personal Data; for example, if you want us to ascertain its accuracy or the rationale behind processing it.

6.8 Transfer

You can request the transfer of your Personal Data in a structured, electronic form to either yourself or another party (known as the right to “data portability”). This enables you to receive data in an electronically usable format and transfer it to another party in the same format.

6.9 Withdraw Consent

If you have given consent for the collection, processing, and transfer of your Personal Data for a specific reason, you possess the right to withdraw this consent at any time. Withdrawal can be made by contacting us using the contact details provided below or through the Profile Menu in the RMS Movement App for health information. Once we receive notification of consent withdrawal, we will cease processing your data for the purposes you initially consented to, unless we have another legitimate basis for doing so.

If you want to exercise any of the above rights related to your Personal Data, please contact the RMS Movement team through the contact information provided below. Though generally, there is no fee for accessing your Personal Data or exercising your statutory rights, we may charge a reasonable fee or decline compliance for clearly unfounded or excessive requests.

For security purposes, we may request specific information from you to confirm your identity and ensure your right to access the information or to exercise any of your other rights. This is to make sure that Personal Data is not disclosed to anyone without the right to receive it and to prevent unauthorized modification of your Personal Data.

You also have the right to file a complaint about the processing of your Personal Data with the data protection regulatory body in your country or state/province. If the GDPR is applicable to our processing of your Personal Data, and you are not satisfied with how we process your Personal Data, you can lodge a complaint with a supervisory authority in the EU member state of your habitual residence, place of work, or where the alleged GDPR violation occurred.

7. Cookies

At RMS Movement, cookies are utilized. A cookie is a tiny file that stores information about your device. You have choices regarding the utilization of cookies and other tracking technologies on our website, which may be used for online interest-based advertising. To understand more about the cookies we use, please see our Cookie Policy, which is an integral part of this Privacy Policy.

You have the option to configure your browser to send a Do Not Track (DNT) signal. However, please be aware that our websites currently do not have the capability to recognize DNT signals sent by browsers.

8. External Links

Our platform may offer links to other websites for your convenience and information. These websites function independently and are not under our control. When you visit any website linked through our platform, you will be governed by that website's privacy policies. We highly recommend that you read the privacy notices or policies of any such linked websites. RMS Movement is not liable for the content, use, or privacy practices of websites not owned or controlled by us.

9. Protection of Minors

RMS Movement requires users to be of legal age in their respective countries, and no younger than 16 years old. Individuals must confirm that they are at least 16 years old before creating a User Account on the Platform. If we detect a user who appears to be under 16 years of age, we will contact them to verify their age.

10. Policy Updates

RMS Movement reserves the right to modify and update this Privacy Policy at any time. Changes will be posted on the Platform with an updated Privacy Policy. These changes are effective immediately upon posting and apply to all subsequent access and usage of the Platform.

11. How to Contact Us?

We welcome questions and comments about this Privacy Policy and our privacy practices. If we receive a complaint from you about how we have handled your Personal Data, we will investigate and determine what action we should take to resolve the complaint. We will contact you within a reasonable time and may request more information to assist us with our investigation. We aim to resolve all complaints in a timely manner.

If you wish to provide feedback or if you have questions or concerns or wish to exercise your rights related to your Personal Data, please contact the RMS Movement team at the following email address: info@rmsmovement.com. Alternatively, you can contact the RMS Movement team by completing a contact form (available at this webpage: https://www.rms-movement.com/contact).

ADDITIONAL TERMS

If you live in one of the following countries or states, these Additional Terms apply and override any inconsistent terms in the Privacy Policy:

CANADA

Section 3.6 (Other purposes) is updated as follows: "RMS Movement might collect, utilize, and disclose your Personal Data in alternative ways, and when doing so, will seek your additional consent."

RMS Movement will process your personal data only when necessary for operating the Platform, providing products and services, and conducting our business, including for the objectives outlined in this Privacy Policy. Generally, processing your personal data is essential for entering into contracts as per our terms of use (such as placing orders for products) and fulfilling the provision or delivery of goods or services to you via the Platform (including subscriptions to the Platform).

Beyond the objectives mentioned in this policy, RMS Movement may gather, utilize, and disclose your Personal Data for marketing and analytics, including showcasing targeted advertising based on interests inferred from web activity during your visits to other sites or use of social media platforms. Refer to our Cookie Policy for more details, including how you can manage the utilization of your Personal Data for targeted advertising.

By using the Platform or providing us with your Personal Data, you consent to the collection, utilization, and disclosure of your Personal Data as outlined in this Privacy Policy.

There may be instances where RMS Movement collects, utilizes, and discloses your Personal Data without your consent, if required or permitted by applicable Data Privacy Law, such as during emergencies that pose a threat to life, health, or security.

Section 4.2 (International transfers of your Personal Data) is updated as follows: "RMS Movement operates in various jurisdictions, which may not be in your country. Personal Data collected may be stored in Australia and/or the United States and could also be stored or processed through third-party service providers in other countries. Thus, your Personal Data might be transferred internationally."

We employ measures to safeguard your Personal Data as detailed in this Privacy Policy and in adherence with applicable Data Privacy Law when transferring Personal Data to third-party service providers or outside your home country. We obligate all third-party recipients of your data to process it securely and in conformity with the Data Privacy Law of your country. However, your Personal Data may be subject to the Data Privacy Law of the country where it is stored or processed, which may not offer equivalent protection. For further inquiries or to request copies of the applicable safeguards, please contact us at the details in Section 11.

The section regarding the payment of a fee to access your Personal Data in Section 6 is updated as follows: "Generally, you are not required to pay a fee to access your Personal Data or exercise your statutory rights. However, as allowed by applicable Data Privacy Law, we may charge a reasonable fee if fulfilling your request demands an exceptional effort or may decline frivolous or vexatious requests."

CALIFORNIA, UNITED STATES OF AMERICA

This section aims to fulfill the requirements of the California Consumer Privacy Act as amended by the California Privacy Rights Act and its regulations ("CCPA") and is applicable to Users who are residents of California.

In cases where terms in this Privacy Policy and the Additional Terms section are defined in the CCPA, such definitions shall apply. The term "Personal Data" in this Privacy Policy and this section also encompasses "Personal Information" as defined in the CCPA.

The types of Personal Data collected by RMS Movement in the past 12 months are outlined in Section 2 of the Privacy Policy and, pertaining to the CCPA, correspond to the following categories of Personal Information listed in the CCPA:

Category

How We Obtain it

Identifiers: first and last names, email address, home address, telephone number, where you have selected particular services or features on the Platform, social network information.

Directly from you or linked third party accounts.

Protected characteristics: age, gender, country of residence, medical conditions or requirements.

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.

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, and information related to your pregnancy status to the extent you choose to enter these on the Platform.

Directly from you, if you choose to enter these on the Platform.

The categories of third parties with whom RMS Movement shares each category of personal data are as follows:

Disclosure of Personal Data:

We may disclose your Personal Data to government authorities, law enforcement, and regulators in compliance with legal obligations, or as otherwise mandated by the applicable Data Privacy Law. We may also disclose your Personal Data to our legal and professional advisors to enforce our rights concerning our agreement with you.

Processing of Personal Data:

RMS Movement processes each category of your Personal Data as mentioned in the Privacy Policy (Section 3). We shall not use your Personal Data for purposes substantially different from or unrelated to the objectives mentioned in the Privacy Policy without notifying you.

Sale or Sharing of Personal Data:

RMS Movement does not conventionally sell Personal Data. However, we employ third-party vendors to deliver interest-based ads. Sharing data with these vendors, such as online identifiers or browsing activity, may be considered “sale” under the CCPA. RMS Movement may also be considered as “selling” Personal Data when partnering with organizations to offer mutual product or service discounts.

To request that RMS Movement refrain from “selling” or “sharing” your Personal Data, contact us directly: info@rmsmovment.com.

California Consumer Rights:

If you are a resident of California, you have specific rights under CCPA in addition to those outlined in Section 6 of the Privacy Policy:

Right to Opt Out:

You can direct us not to “sell” your data by contacting us directly: info@rmsmovment.com.

Access:

Upon receiving and confirming your verifiable consumer request, we will disclose categories and specific pieces of your Personal Data collected, sources of collection, business purpose, and third-party sharing information. The CCPA permits exercising this right twice a year.

Deletion:

Upon verifying your request, we will delete your Personal Data, directing our service providers to do the same, except where CCPA exceptions apply.

Limitation on Use of Sensitive Personal Data:

You may instruct RMS Movement to restrict the use of sensitive Personal Data to essential purposes. Contact us at info@rmsmovement.com to exercise this right.

Exercising Your Rights:

To exercise any of these rights, contact the RMS Movement team using the details in Section 11 of the Privacy Policy. Only you or an authorized agent can make a verifiable consumer request related to your Personal Data. We may request specific information to confirm the authenticity of the request.

Response Timing and Format:

We aim to respond to requests within 30 days, notifying you in writing if more time is needed. Responses will be delivered to your account or sent via mail or electronically, per your preference. If we cannot comply with your request, we will explain why in our response.

Authorized Agent:

You may appoint an authorized agent, either a natural person or business entity registered with the Secretary of State of California, to exercise privacy rights on your behalf. Verification of the agent’s authority will be required.

Anti-retaliation/Anti-discrimination:

RMS Movement will not discriminate or retaliate against you for exercising your rights under the CCPA. This includes not denying access to our services, charging different prices, providing a different level of service, or suggesting that you will receive different prices or levels of services based on the exercise of privacy rights.

Right to Limit Use and Disclosure of Sensitive Personal Information:

If you have shared sensitive personal information with RMS Movement, such as health status, you can instruct RMS Movement to restrict the usage of your sensitive personal information to what is necessary for providing services and accessing the Platform. Additionally, you can request RMS Movement to erase this data anytime.

To request RMS Movement limit the use and disclosure of your sensitive personal information or to delete this data, please contact us at info@rmsmovement.com.

Exercising Your Rights under the CCPA:

In order to process your request to access or delete information, RMS Movement may ask for additional information to verify your identity. The personal data you provide during this process will solely be used for verifying your identity and the authenticity of the request.

Please be informed that you are allowed to make a consumer request to access or data portability only twice within a 12-month period.

Section 6 of the Privacy Policy includes the following additions:

Response Timing and Format:

If RMS Movement needs to charge a fee for a request that is excessive, repetitive, or manifestly unfounded, we will communicate the reasons for this decision and provide a cost estimate before finalizing your request.

We commit to responding to all requests within 30 days and will notify you in writing if additional time is necessary. If you have an account with us, we will send our response to that account. If you don’t have an account, we will deliver our response by mail or electronically, based on your preference.

In case we are unable to fulfill your request, we will explain the reasons in our response.

Authorized Agent:

You can designate an authorized agent to exercise your privacy rights on your behalf if the agent is an individual or a business entity registered with the Secretary of State of California.

To appoint an authorized agent, you must provide a signed written declaration or a power of attorney.

To verify the authorization of your agent, RMS Movement will ask for the signed permission or power of attorney. If you have provided your agent with written permission, you will also need to verify your identity, and we may ask you to confirm that you granted the agent permission to submit the request.

RMS Movement will reject requests from agents that cannot provide proof of authorization.

Non-Discrimination:

RMS Movement will not discriminate against you for exercising your rights under the CCPA. We will not:

Deny you access to goods and/or services provided on the Platform;
Charge you different prices or rates for goods and/or services, or impose penalties;
Provide a different level or quality of goods and/or services; or
Suggest that you may receive a different price, rate, level, or quality of goods and/or services.

Should you have any questions or concerns regarding your privacy rights, please do not hesitate to reach out to us at info@rmsmovement.com.

Internet or other similar network activity: information about your use of the Platform and your IP address, including information collected automatically through cookies.

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 customise your experience on the Platform (e.g. language settings).

Directly from you and your devices.

Sensory Data: audio, electronic, visual, thermal, olfactory, or similar information (e.g., your photos and audio where you have selected particular services or features on the Platform).

Directly from you, where you have selected particular services or features on the Platform.

Inferences drawn from other Personal Data: dietary preferences, information you provide about yourself and any preferences in your User Account, 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 through your use of the RMS Movement App, including activity data generated by the devices that you connect to the RMS Movement App where you have selected particular services or features on the Platform, contacts and calendar information.

Directly from you and your devices.

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