This privacy policy (“Policy”) explains how all information, including information
about you (the “User”), is collected, used, and disclosed by The Movement Club (“The Movement Club,” “we,”
“us,” and “our”). We use the streaming services (collectively, the “Platform”) owned and operated by Good
Tripper LLC (“Instill”) to provide the content available at <www.movementclub.com> and on other The
Movement Club branded applications (collectively, the “Services”). This Policy covers your use of the Platform
and Services, as well as all other interactions (e.g., customer service inquiries, user conferences, etc.) you
may have with us. By accessing the Platform or using the Services, you agree to our collection, use, and
disclosure of your information as outlined in this Policy. We may modify this Policy from time to time. Your
continued use of the Platform and/or Services constitutes your acknowledgement and agreement to any updated
Policy.
If you do not agree with this Policy, do not access or
use the Services, Platform, or any other aspect of our business.
1. Eligibility & Acceptance
When you access our Platform or use the Services, we collect and store certain
information about you, including Personal Information (defined below), your IP address, and standard web log
information, such as your browser type and the pages you accessed on our Services. If you do not agree to our
collection of this information, you may not be able to use all or part of our Platform or
Services.
“Personal Information” is information that, alone or in combination with other information in
our possession, could be used to personally identify you. We collect the following categories of Personal
Information and other information as described below:
a. Information You Provide
Information You Provide Directly. We may collect or receive the following
categories of Personal Information when you access the Platform, request to receive information about The
Movement Club or our Services, create an account, verify your identity, use any of the Services, or
otherwise communicate with us, including through customer support channels.
- Account Information, such as your name, email address, password, and free trial
or subscription plan information, including sign-up, expiration, and renewal dates, as well as referral and
promotional code information.
- Payment Transaction Information, such as:
- Name associated with your payment method;
- Time of transaction and amount
paid;
- Items and quantities purchased; and
- Delivery name and address.
Note: payment method information, such as credit card number and billing
address, are collected and processed through a third-party service, and we will not have access to such
information.
- Identity Verification Information, such as:
- Name, mailing address, email address, phone number; and
- Government-issued
documentation, such as driver’s license or passport.
We may also collect information, including Personal Information, that you
voluntarily provide to us when you:
- Participate in surveys or promotions;
- Register for, attend, or participate
in conferences, webinars, or events;
- Provide us feedback or comment on our blogs or social media
pages; and
- Submit information to us so that we can assess potential business opportunities.
b. Information We Automatically Collect
We automatically collect certain information when you access the Platform or use
the Services, such as:
Electronic & Online Identifiers (IDs), such as:
- If on a mobile device: mobile carrier, and device IDs;
- If using a browser:
operating system, browser type; and
- Internet Protocol (IP) address.
Internet Activity Information, such as:
- Your “log-in” and “log-out” information;
- The pages that you visit before,
after, and while using our Services;
- Pages you visit, links you click, and the content you view on the
Platform;
- Other log file information, which may include your web request, number of clicks and how you
interact with links and content on the Platform and Services, and other such information.
We collect information using Cookies (as defined below) and other tracking
technologies directly and through third-party service providers, such as “Cookies,” which are small text
files that websites send to your computer or mobile device. This includes session Cookies (which are deleted
once you close your browser) and persistent Cookies (which remain on your computer or device until you
delete them or they expire). Read more about your choices when it comes to Cookies in Part 6 of this Policy.
We may use Cookies for the following purposes:
- When it is operationally necessary for us to provide you access to our Platform
or Services. This also includes tracking behavior in order to protect against irregular, fraudulent, or
possibly illegal behavior on our Platform or Services;
- To assess the performance of how you and others
use our Platform and Services (for more information, read the Analytics section below); and
- To enhance
the functionality of our Platform or Services. This includes identifying you when you sign into our Services
and keeping track of your preferences, interests, or past items viewed.
We use the third-party analytics tools, such as:
- Amplitude.
- Braze.
- Mux.
Our Services may contain social media buttons and email integrations such as
Facebook, LinkedIn, Twitter, Instagram, and Gmail. These features may collect your IP address, which page
you are visiting on our Services, and may set a Cookie to enable the feature to function properly. Your
interactions with these platforms are governed by the privacy policy of the companies providing them.
c. Information from Third Parties
We may collect and receive information about you, including Personal Information,
from third parties. In addition, we may receive demographic and business industry information about you from
third parties to help us better understand our users and to improve and market the Services.
2. How We Use Your Information
We use information that we collect about you for the following purposes:
- To develop and provide you with the Platform and Services, including to:
- Manage accounts and provide the Services;
- Determine your eligibility for our
Services;
- Improve, personalize, and enable your use of the Platform and Services; and
- Develop new
products and features.
- To protect The Movement Club, our users, and the public, and comply with
applicable law, regulation, or legal process, including to:
- Validate user information for fraud and risk detection purposes;
- Resolve
disputes and protect the rights of users and third parties;
- Respond to claims and legal process (such
as subpoenas and court orders);
- Monitor and enforce compliance with the applicable Terms; and
-
Prevent or stop any activity that may be illegal, unethical, or legally actionable.
- To operate our business, including to:
- Process orders and deliver content and products;
- Manage and enforce
contracts with you or with third parties;
- Resolve disputes, collect fees, and troubleshoot
problems;
- Prevent potentially fraudulent, prohibited, or illegal activities, and enforce our
Terms;
- Manage our corporate governance, compliance, and auditing practices; and
- Generate
anonymized or aggregated data.
- To communicate with you as part of your use of Services, including to:
- Respond to requests or questions you submit to our support staff;
- Send you
surveys and get your feedback about the Services; and
- Otherwise contact you with Services-related
notices.
- To market to you, including to:
- Determine your eligibility for certain programs, events, and offers;
- Inform
you of our products, services, features, or promotions; and
- Provide you with newsletters, articles,
reports, and announcements.
- For any other purpose for which you expressly authorize us to use your
information.
3. The Movement Club Mobile Message Service Tterms And Conditions.
The Movement Club mobile message service (the "Service") is operated by The Movement
Club. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We
may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable
law, we may also modify these Mobile Terms at any time and your continued use of the Service following the
effective date of any such changes shall constitute your acceptance of such changes.
- If you opt into Marketing messages, you will receive marketing and promotional
messages including reminders. If you opt into Updates messages, you will receive order updates, account
alerts, and other account related information. Both services will be sent from The Movement Club via text
messages through your wireless provider to the mobile number you provided.
- You understand that you do not have to sign up for this program in order to make
any purchases, and your consent is not a condition of any purchase with The Movement Club. Your
participation in this program is completely voluntary.
- We do not charge for the Service, but you are responsible for all charges and
fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and
data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely
responsible for all charges related to SMS/text messages, including charges from your wireless provider.
- You may opt-out of the Service at any time. Text the single keyword command STOP
to 18556450501. You'll receive a one-time opt-out confirmation text message. No further messages will be
sent to your mobile device, unless initiated by you. If you have subscribed to other The Movement Club
mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to
opt out separately from those programs by following the instructions provided in their respective mobile
terms.For Service support or assistance, text HELP to +18556450501 or email hello@themovementclub.com.
- We may change any short code or telephone number we use to operate the Service at
any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP
requests, you send to a short code or telephone number we have changed may not be received and we will not
be responsible for honoring requests made in such messages.
- The wireless carriers supported by the Service are not liable for delayed or
undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number,
you will need to sign up for the program with your new number.
- To the extent permitted by applicable law, you agree that we will not be liable
for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such
information, and/or any action you may or may not take in reliance on the information or Service.
- We respect your right to privacy. To see how we collect and use your personal
information, please see our Privacy Notice included in this page.
4. How We Share Your Information
We will only share your information with the categories of third parties listed below
for the purposes described in this Policy, unless otherwise noted at the point of collection.
- Authorized Service Providers that limit how they use your information and promise
to keep your information confidential;
- Other parties under the circumstances described below:
- For legal reasons, including:
§ With companies that verify your identity for us and detect fraud;
§ With legal
and financial advisors, auditors, examiners, and certain (including potential) investors; and
§ With
companies that may acquire us, if we are involved in a merger, acquisition, or sale of assets.
- To comply with applicable law, regulation, or legal process, including to:
§ Comply in good faith with law enforcement or national security requests;
§
Comply in good faith with legal process, such as a court order or subpoena (including in a country other
than your home country);
§ Protect your, our, or othersʼ rights, property, or safety;
§ Enforce our
policies or contracts and collect amounts owed to us;
§ Assist with an investigation or prosecution of
suspected or actual illegal activity.
- To further public policy goals, including:
§ Publishing reports that incorporate aggregated, non-personally identifiable
information about customer attributes, transactions, and behavior;
§ Sharing data containing aggregated
and/or non-personally identifiable customer information with nonprofit or non-partisan organizations,
academic institutions, think tanks, trade associations, consultancies, or similar organizations, only if
they have signed an agreement with us that restricts how they can store, access, share, and use the
information.
- For any other purpose and to any other person with whom you expressly authorize
us to share your information or which you post publicly (such as comments on video content or social media
pages).
5. Your Privacy Choices & Rights
If you have an account with The Movement Club, you can review and update your
Personal Information in the account settings at any time by logging in to your account. Data protection laws
in certain jurisdictions differentiate between the “controller” and “processor” of information. In general,
our users are the controllers of the data on the Platform and Services. In general, The Movement Club is the
processor of the data provided by its Users and the controller of non-User-generated data and other
non-publicly available or accessible information it collects and/or solicits.
a. Notice to Non-U.S. Users
Your data will be transferred outside of your home country to the United States. As
such, you may have additional rights based on your home country or location. The Movement Club is committed
to complying with all laws and regulations that may apply to The Movement Club’s collection, use, and
disclosure of Personal Information. For example, data located in the EU may be subject to the General Data
Protection Regulation (“GDPR”), which allows for eligible data subjects to withdraw their consent to the
collection and processing of Personal Information, as well as to exercise the following rights:
- Right to be Informed.
- Right to Access.
- Right to Rectify.
- Right to Erasure.
- Right to Restrict Processing.
- Right to Data Portability.
- Right to Object.
- Rights related to Automated Individual Decision-Making and Profiling.
Users from the European Economic Area (EEA) also have the right to opt out of
Cookies. If you believe you are entitled to certain rights based on your home country or location, please
contact us by email at hello@movementclub.com. You may also have the right to complain to a data protection
authority about our collection and use of your Personal Information. For more information, please contact
your local data protection authority.
Withdrawing your consent will not affect the lawfulness of any
processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information
conducted in reliance on lawful processing grounds other than consent.
Our legal basis for
collecting and using the Personal Information described above will depend on the Personal Information
concerned and the specific context in which we collect it. However, we will normally collect or process
Personal Information from you only where we have your consent to do so, where we need the Personal
Information to perform a contract with you, or where the processing is in our legitimate interests and not
overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also
have a legal obligation to collect Personal Information from you or may otherwise need the Personal
Information to protect your vital interests or those of another person.
b. Notice to California Users
California law permits users who are California residents to request and obtain
from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal
Information (if any, and as defined under applicable California law) for such third parties’ direct
marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to
those parties. If you are a California resident and would like to request this information, please submit
your request to hello@movementclub.com.
This Supplemental California Privacy Notice only applies to
our processing of Personal Information that is subject to the California Consumer Privacy Act of 2018
(“CCPA”). The CCPA specifies that natural persons who are California residents have the right to know what
categories of Personal Information we have collected about them and whether we have disclosed or sold that
Personal Information for a business purpose (e.g., to a service provider) in the preceding twelve (12)
months. For purposes of the CCPA, we do not “sell” Personal Information, nor do we have actual knowledge of
any “sale” of Personal Information of minors under 16 years of age.
Categories of Personal Information we may collect about you:
- Identifiers (ex: name, email address,
mailing address, phone number);
- Personal Information categories listed in the
California User Records statute (Cal. Civ. Code § 1798.80(e)) (ex: passport number, driver’s
license or state identification card number, or financial information,);
- Protected classification characteristics under
California or federal law (ex: age, gender, or sex);
- Commercial information (ex: sales engagement
history);
- Internet or other electronic network activity
information (ex: IP address, unique personal identifier, web history, advertising history);
Categories of third parties who we may share that information: See Part 3 of this
Policy;
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights:
- You have the right not to receive discriminatory treatment from us for exercising
the privacy rights granted by the CCPA.
c. Notice to Nevada Users
If you are a resident of Nevada, you have the right to opt out of the sale of
certain Personal Information to third parties who intend to license or sell that Personal Information.
Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised
Statutes Chapter 603A. If you have any questions, please contact us as at hello@movementclub.com.
d. Verifiable User Requests
Only you, or someone legally authorized to act on your behalf, may make a
verifiable user request related to your Personal Information. You may also make a verifiable user request on
behalf of your minor child. In order to verify your request, we will ask you to provide your name, email
address, and certain other pieces of identifying information. Once you or your authorized agent has
submitted the requested information and any necessary supporting documentation, we will confirm the
information by reviewing it against our records and may additionally use the services of a third-party
service provider to verify your identity. The only purpose for which we will use such submitted information
is to verify your identity and once the submitted information has been used for that purpose, it will be
deleted from our records in accordance with this Policy. To designate an authorized agent, please contact us
as at hello@movementclub.com.
6. How We Protect & Store Your Information
We store and process your Personal Information using third-party servers located in
data centers in the United States. We employ administrative, physical, and technical safeguards, including
firewalls and data encryption, designed to protect your information from unauthorized access and to comply
with applicable privacy laws in the states and countries in which we operate. Your Personal Information will
be kept on our servers or on those of our service providers and only those employees that require it for the
purposes of their duties will have access to your Personal Information.
Despite these efforts, no
security measures are perfect or impenetrable and no method of data transmission can be guaranteed to prevent
any unauthorized interception, access, disclosure, alteration, destruction, or other type of misuse. We also
depend on you to protect your information. Therefore, we urge you to take adequate precautions to protect your
personal data as well, including never sharing your account password with anyone. If you become aware of any
breach of security or privacy, please notify us immediately. To the fullest extent permitted by applicable
law, we do not accept liability for unauthorized disclosure.
If The Movement Club learns of a systems
security breach, we may attempt to notify you electronically so that you can take appropriate protective
steps. By using the Services, you agree that we may communicate with you electronically. We may post a notice
on the Platform or through the Services if a security breach occurs. We may also send an email to you at the
email address you have provided to us. Depending on where you live, you may have a legal right to receive
notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw
your consent from receiving electronic notice of a security breach), please contact us at
hello@movementclub.com
a. International Data Transfers
All information processed by The Movement Club or our service providers may be
transferred, processed, or stored anywhere in the world, including in countries that may have data
protection laws that are different from the laws where you live. Your information may be accessible to the
courts, law enforcement, and national security authorities of the United States. We endeavor to safeguard
your information consistent with the requirements of applicable laws. If your Personal Information is
transferred to a country other than your home country, we will take measures to protect your Personal
Information with appropriate measures, such as contract clauses. To obtain more information about our
policies and practices with respect to service providers outside your country, please contact us as at
hello@movementclub.com
b. Data Retention
We retain Personal Information we collect from you where we have an ongoing
legitimate business need to do so (for example, to provide you with a service you have requested or to
comply with applicable legal, tax, or accounting requirements). When we have no ongoing legitimate business
need to process your Personal Information, we will either delete or anonymize it or, if this is not possible
(for example, because your Personal Information has been stored in backup archives), then we will securely
store your Personal Information and isolate it from any further processing until deletion is possible.
c. Links to Third-Party Platforms
The Services may contain links to (or allow you to link to) other third-party
services or websites. We do not control the information collection of third-party services or websites that
can be reached through such links. This Policy only covers the privacy practices of The Movement Club. It
does not apply to the practices of third-party websites, services, or applications, even those who we have
partnered or integrated with. We encourage you to be aware when you are linking to a third-party service or
website and to read the privacy statements of any third-party service or website that collects personally
identifiable information. Third-party services handle your information in accordance with their own
practices and privacy policies. We are not responsible for their policies, practices, or handling of your
information.
8. Information About Children
The Services are not directed to children under the age of 16. If we obtain actual
knowledge that we have collected Personal Information from a child under the age of 13, for purposes of the US
Children’s Online Privacy Protection Act, a child under the age of 16, where GDPR is applicable, or from a
California resident child under the age of 18, for purposes of the Online Eraser Law, and do not otherwise
have verifiable parental consent to collect and process such Personal Information, we will promptly delete it
unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or
unintentionally collected information from an underage User or you would like to request the deletion of your
User data pursuant to this section.
9. Changes to this Policy
We are always improving, and we may occasionally modify or update this Policy
accordingly. Any information that we collect is subject to the policy in effect at the time such information
is collected. We may, however, modify and revise this Policy from time to time. If we make any material
changes to this Policy, we may use the email address or other Personal Information you’ve provided to us to
notify you of such changes, post a notification on the Platform, or provide a notification through the
Services, and we will indicate when such changes will become effective in any such notice. It is your
responsibility to periodically monitor and review this Policy and any changes we make. By continuing to access
or use the Platform or the Services after those changes become effective, you agree to be bound by the revised
policy.
