Personal information we collect on our websites and in our applications is sent to our servers and may be processed by us in the United States whose laws regarding processing of personal information may be less stringent than the laws of your country.
What information do we collect?
We collect information from you when you register on our site.
When registering on our site, as appropriate, you may be asked to enter your name, email address, gender, date of birth, and personal health statistics.
In order to make our products and services more useful to you, we automatically collect certain information. This information may include:
internet protocol address ("IP address");
access times; and
Other information you may choose to input includes:
your hours of sleep;
your resting heart rate; and
Use of Information
The information we collect from you may be used in one or more of the following ways:
to personalize your experience (your information helps us to better respond to your individual needs);
to improve our website or application (we continually strive to improve our product offerings based on the information and feedback we receive from you);
to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
to process transactions;
to administer a contest, promotion, survey, or other site feature; and
to send periodic emails.
When you use the Movecoach app we collect information about your device, including your device type, manufacturer, model, and operating system, your device ID; and the version of your app. We also may collect information about how you use the app and interact with its pages and features and generate a time stamped log of data exchanges.
When you track a walk or run with the Movecoach mobile app, we collect and use the following information that your phone collects about you:
detailed physical information based on monitoring your movements;
your activity intensity; and
your activity duration.
This data is used to measure your athletic progress.
Sharing of Information
When you use Movecoach, your first name and last initial of your last name and profile image (generic or photo that you upload) are publicly searchable in the Movecoach directory. All other personal information is kept private unless you choose to accept an invitation to connect with another Movecoach member or choose to make your profile public to everyone in the Movecoach community. Be thoughtful of your own privacy needs as you choose what you share and with whom.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential with at least the same degree of care that we use ourselves to maintain your informations' privacy.
However, non-personally identifiable visitor information may be provided to other parties for research, marketing, advertising, or other uses.
We may share information with a parent company, subsidiaries, joint ventures, or other companies under common control with us.
We may share your personal information for the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding. Any personally identifiable information will only be exchanged as part of a business deal if all third parties to that business deal agree in writing to maintain the personally identifiable information with at least the same degree of care as we use to maintain its privacy.
Choices About Your Information
You can opt-out of promotion emails from us by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). If you opt-out, we may still send you non-marketing e-mails including e-mails about your training schedule, accounts, and our business dealings with you.
You may send requests about personal information to our contact information below. You can request to change contact choices and marketing choices and to update or change your personal information. Changes or deletions of information can be made after logging into your profile. For help making changes of data from the platform, please email via our “Contact Us” details below.
Security of Information
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems and who are required to keep the information confidential.
Although we have taken steps to protect your personal information, you should know that neither we nor any company can fully eliminate security risks.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at any time by logging into our site and going to the Settings page.
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act). We do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
If data management issues are unresolved after making a good faith effort to contact us, Focus N Fly Inc will cooperate with JAMS in accordance with the JAMS International Mediation Rules.
Compliance with US – European Union Safe Harbor Framework
We have taken steps to comply with the US-EU Safe Harbor Framework to ensure our customers have #1 Notice about how we use their information, #2 Choice of how their data is shared, #3 That Movecoach does not share data without Notice or Choice, #4 Access to their information to correct, amend or delete, #5 reasonable expectation of data protection, #6 Data integrity and relevant for the purposes of the program, #7 a suitable independent recourse mechanism. Full description of US-EU Safe Harbor can be found here: http://www.export.gov/safeharbor/
Terms and Conditions
Please also visit our Terms and Agreement section establishing the use, disclaimers, and limitations of liability governing the use of our website.
This policy was last updated May 26, 2016.
This Focus-N-Fly Coaching Services Agreement (the "Agreement") is entered into by and between Focus-N-Fly, Inc., a California Corporation, whose business address is 1425 Broadway Ave, #7, Burlingame, CA 94010 and the recreational athlete identified below ("You").
Focus-N-Fly Coaching Services. Welcome to the Focus-N-Fly center of coaching services for recreational runners. You hereby subscribe to receive Focus-N-Fly coaching services (the "Focus-N-Fly Services").
Upon acceptance by Focus-N-Fly of this Agreement, and subject to payment of the Service Fees, the system will use embedded logic to provide structured training. Since results vary from individual to individual and are dependent upon many factors, Focus-N-Fly cannot and does not promise or guarantee that the Focus-N-Fly Services will meet your expectations or produce any level of results, improvements or benefits. If you are dissatisfied with the Focus-N-Fly Services for any reason, your sole and exclusive remedy is to terminate this Agreement. The Focus-N-Fly Services are personal to you and may not be transferred or assigned.
1. Service Fees. You agree to pay the monthly, semi-annual or annual subscription remittance as outlined on the Focus-N-Fly Service Page.
2. Automatic Credit Card Subscription Charge. You authorize Focus-N-Fly to automatically charge the designated credit/debit card or PayPal account for the Monthly, Semi-Annual or Annual Service Fee.
3. Termination.You may terminate this Agreement for any reason via the Profile Section (Edit Subscription) of the Focus-N-Fly site.Thereafter, you will not be subject to any further Semi-Annual, Annual or Monthly Service Fees or Annual Enrollment Fees. Focus-N-Fly reserves the right at any time to terminate this Agreement for Your failure to comply with this Agreement (including but not limited to Your failure to pay Service Fees), or failure to comply with any of the Rules and Regulations adopted by Focus-N-Fly, or for conduct Focus-N-Fly determines to be improper or contrary to the best interests of Focus-N-Fly. You will remain liable for all Service Fees incurred prior to the effective date of termination.
4. Assumption of Risk, Release, Waiver and Indemnity. You acknowledge and agree for Yourself (which for purposes of this Agreement includes Your personal representatives, executors, administrators, successors, assigns, heirs, and next of kin) that:
(1) You are qualified, in good health, and in proper physical condition to participate in the physical and athletic activities, exercises, training, and programs for which Focus-N-Fly Services are provided (collectively, the "Athletic Activities");
(2) The Athletic Activities naturally involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death, and property damage, as well as other risks and social and economic losses or any other damage, either not known to You or not readily foreseeable at this time (collectively, the "Risks");
(3) The Risks may be caused by Your own actions or inactions, or the actions or inactions of others, including those who own or maintain the Third Party Facilities (as defined below);
(4) Focus-N-Fly is not providing any physical facilities (e.g., indoor or outdoor running tracks), clothing, shoes, training devices or equipment of any kind relating to Athletic Activities, and all Athletic Activities will take place at indoor or outdoor, public or private, physical facilities that are owned by third parties (the "Third Party Facilities"), and Focus-N-Fly cannot and does not make any representation or warranty regarding the Third Party Facilities, including but not limited to their condition, accessibility, safety, or suitability for the Athletic Activities;
(5) You accept the condition of such Third Party Facilities, "AS IS, WHERE IS" and You agree to abide by all rules and regulations, public or private, that apply to the use of Third Party Facilities;
(6) You understand and voluntarily accept and assume all Risks and responsibility for all Injuries, whether physical or mental, including but not limited to, injuries to Yourself or Your guests, arising out of or in connection with the Athletic Activities and/or Your use of Third Party Facilities (collectively, the "Injuries"), including but not limited to the following:
(a) Any accidental or "slip and fall" Injuries;
(b) Injuries arising from participation in supervised or unsupervised activities and programs, including but not limited to those sponsored or endorsed by Focus-N-Fly;
(c) Injuries or medical disorders resulting from Athletic Activities, including but not limited to heart attacks, strokes, heart stress, sprains, broken bones, torn muscles or ligaments;
(d) Injuries resulting from the actions taken or decisions made regarding medical or survival procedures;and
(e) Any loss, theft or damage to property.
(7) You voluntarily waive, release and discharge Focus-N-Fly (which includes, for purposes of this Agreement, its owners, members, directors, officers, employees, agents or volunteers) from any and all claims, liabilities, damages, losses (including but not limited to loss of time, loss of service and loss of income), causes of action, suits, costs, expenses, and attorneys fees (collectively, the "Losses"); arising out of or related to all Risks and Injuries;
(8) You have health, accident and/or property insurance that is adequate to cover all Losses, Risks and Injuries;
(9) You relinquish forever and covenant not to sue, assert or otherwise maintain any claim or cause of action against Focus-N-Fly (whether past, present or future, whether known or unknown, and whether anticipated or unanticipated) arising out of any Losses, Risks or Injuries; and
(10) You will indemnify, defend and hold Focus-N-Fly harmless from any and all Losses, Risks and Injuries.
5. Medical Examination. You acknowledge that Focus-N-Fly is not a medical practice and does not employ doctors or licensed health care providers of any kind. Accordingly, Focus-N-Fly cannot and will not provide medical examinations or medical or healthcare advice. You are strongly encouraged to have a complete physical examination by a licensed medical doctor prior to beginning any work-out program or strenuous new activity, including but not limited to Athletic Activities for which Focus-N-Fly Services are provided.If you have a history of heart disease, You should consult a physician before undertaking any Athletic Activities.
6. Limitation of Liability. In no event will Focus-N-Fly be liable for direct, indirect, incidental, consequential, punitive, exemplary or special damages arising out of or relating to this agreement. Focus-N-Fly?s Entire liability, and Your entire and exclusive remedy, under this Agreement for any damages from any cause whatsoever Shall in no event exceed the service fees actually paid by you in the most recent three (3) month period.
7. Arbitration. Any dispute concerning the parties' rights and responsibilities under this Agreement which the parties cannot resolve within thirty (30) days shall be directed to binding arbitration administered by, and pursuant to the rules of, the American Arbitration Association ("AAA") in San Francisco, CA, with all expenses being shared equally by the parties. Judgment upon any AAA award may be entered in any court having jurisdiction. Any costs incurred in the enforcement of the arbitration award shall be paid by the party against whom enforcement is sought.
8. Governing Law and Severability. This Agreement shall be governed and interpreted in accordance with California law. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
9. Notices. Communications and notices required or permitted under this Agreement shall be deemed delivered when hand-delivered to the receiving person, or when mailed, certified mail, return receipt requested, in first class U.S. mail, to the addresses specified in the Agreement, or when faxed to the fax number or electronically transmitted to the Internet address specified, with hard copy mailed within three (3) days thereafter in the manner set forth above.The contact person and addresses for communications and notices are set forth in the Agreement.Any party may change its address for purposes of this notice provision by giving notice in the manner prescribed above.
10. Force Majeure. Neither party shall be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, civil war, strikes or labor disputes, or any other cause beyond the parties' reasonable control.Each party agrees to notify the other party promptly of the occurrence of any such cause and to carry out this Agreement as promptly as practicable after such cause is terminated.
11. Complete Agreement; Non-Waiver. This Agreement (as defined above) constitutes the entire agreement between the parties. This Agreement supersedes and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Agreement can only be amended by specific written amendment signed by both parties.Any failure by either party to require strict performance by the other of any provision of this Agreement shall not constitute a waiver of such provision or thereafter affect the parties full rights to require strict performance.