Muuv Labs Privacy Policy

Date of Current Policy: April 26, 2021

1. PURPOSE

Muuv Labs LLC together with our affiliates and joint venturers, (“Muuv Labs”, “we”, or “us”) have adopted this Privacy Policy to let you know how we treat the information that we collect from you online and offline, the kinds of information we may collect, how that information is used, with whom we share it and how you can opt-out of a use or correct or change such information. This Privacy Policy supplements and forms a part of the Muuv Labs’ Terms of Service (the “Terms”). Capitalized terms not defined in Section 13 or otherwise in this Privacy Policy have the meaning given to them in the Terms.

2. SCOPE

This Privacy Policy applies to Personal Information that is Processed by Muuv Labs in the course of our business, including via the Muuv Labs Site and through our, Apps, forums, social media accounts, blogs, and other online or offline offerings (together with any and all future online and offline offerings operated by or on behalf of Muuv Labs, the “Services”). All individuals whose responsibilities include the Processing of Personal Information on behalf of Muuv Labs are expected to protect that data by adherence to this Privacy Policy.

This Privacy Policy does not apply to Personal Information of Muuv Labs employees Processed in the employment context, but employees who elect to use the Services will be treated as users in accordance with this Privacy Policy with respect to Personal Information Processed as users of our Service.

3. NOTICE FOR TRANSPARENCY: TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT

The types of Personal Information we may collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with Muuv Labs and the requirements of applicable law. Some of the ways that Muuv Labs may collect Personal Information include:

It is our goal to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.

3(A) TYPES OF PERSONAL INFORMATION WE COLLECT

Muuv Labs collects Personal Information from its current, prospective, and former customers, members, users, visitors, and guests (collectively “Individuals”).

3(B) HOW MUUV LABS USES YOUR INFORMATION

3(C) INTEREST BASED ADVERTISING, COOKIES, PIXEL WEB/TAGS BEACONS, AND ANALYTICS INFORMATION

If you would like to opt-out of the Technologies we employ on our Sites, Services, applications or tools, you may do so by blocking, deleting or disabling them as your browser or device permits. See Section 5 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Sites, Services, applications and tools, and may prevent you from being able to access certain features.

3(D) SOCIAL MEDIA PLATFORMS, THIRD PARTY SITES, AND SOFTWARE DEVELOPMENT KITS

The Service may contain links to other websites and other websites may reference or link to the Muuv Labs Site or other Services. These other domains and websites are not controlled by us, and Muuv Labs does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk.

Muuv Labs’ Services may include publicly accessible blogs, community forums, message boards, private messaging or video chat features. The Services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, video chat session, social media platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a third party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

We use third party software development kits (“SDKs”), such as the Fitbit, Apple HealthKit and other SDKs, as part of the functionality of our Services, and Muuv Labs fitness equipment may contain wireless data transfer capabilities such as near field communication (or NFC) to facilitate pairing to devices using these SDKs and other wearable devices. We may also enable you to link your Muuv Labs account to certain health-related applications. If you choose to link your Muuv Labs account with such applications, you can decide to share the health information we collect about you while you use the Services, including but not limited to your heart rate, calories, cycling, walking and running distances, time spent meditating, and the list of your Muuv Labs workouts taken with such applications. If you decide to do so, you may also be able to transfer other personal information, such as your gender, date of birth, heart rate, height, weight and walking and running distances, from the health related applications to Muuv Labs. If you make this election, this information may be used by Muuv Labs to update your Muuv Labs User Profile and track your metrics in Muuv Labs classes. You may opt-out of tracking at any time by configuring your privacy settings on such applications. We do not share information that we collect from SDKs or other health-related applications with third parties for their advertising or marketing purposes. Your interactions with SDKs or other health applications are governed by the privacy policy of the company providing the service.

3(E) THIRD-PARTY PAYMENT PROCESSING

When you make purchases through the Services, we Process your payments through a third party application, such as an App Store or, in the case of online or in-person purchases via a Third-Party payment processor. In these instances, the third party application may collect certain Financial Information from you to Process a payment on behalf of Muuv Labs, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third party app’s terms, conditions and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner, either directly or through the Services. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any Financial Information that we may Process on your behalf, or that we receive from our financing partners or payment processors, is subject to this Privacy Policy.

4. MUUV LABS MAY DISCLOSE YOUR INFORMATION

4.1 INFORMATION WE SHARE

We may share your information as described in this Privacy Policy (e.g., with our third party service providers; to comply with legal obligations; to enhance the Services, to protect and defend our rights and property) or with your permission.

4.2 INTERNATIONAL DATA TRANSFERS

You agree that all Personal Information collected via or by Muuv Labs may be transferred, Processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities as described above. By providing information to Muuv Labs, you explicitly consent to the storage of your Personal Information in these locations.

5. OPT-OUT (RIGHT TO OBJECT TO PROCESSING)

5.1 GENERAL

You have the right to object to and opt-out of certain uses and disclosures of your Personal Information. Where you have consented to Muuv Labs’ Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by submitting your request in writing via email to privacy@muuvlabs.com.

Please note, even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Service and/or information from the advertisements on third party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.

5.2 EMAIL, TEXT AND TELEPHONE COMMUNICATIONS

You can unsubscribe from email, text and phone communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us or contact us as described in Section 11. To opt-out of receiving text messages, follow the opt-out instructions in the text messages that you receive from us. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Muuv Labs and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

We maintain “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.

5.3 MOBILE DEVICES

Muuv Labs may occasionally send you push notifications through our Apps with updates, achievements and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device. Muuv Labs may also collect location-based information if you use our Apps. You may opt-out of this collection by changing the settings on your device.

5.4 “DO NOT TRACK”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

5.5 COOKIES AND INTEREST-BASED ADVERTISING

As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. Whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on third party websites that contain the AdChoices link, and that link to this Privacy Policy, may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

6. RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION

California Residents, Residents of the European Union or the UK may also submit a request in writing to privacy@muuvlabs.com.

For any other questions related to privacy, please contact privacy@muuvlabs.com.

Although Muuv Labs makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Muuv Labs is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If Muuv Labs determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Muuv Labs will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

7. DATA RETENTION

Muuv Labs retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain your Personal Information as described above, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law. Legal requirements, however, may require us to retain some or all of the Personal Information we hold for a period of time that is longer than that for which we might otherwise hold it.

8. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the Personal Information) designed to protect against unauthorized use, disclosure or access of Personal Information. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.

9. NON-U.S. USERS

By using the Services, you consent to Muuv Labs’ transfer of your data to the United States. By choosing to visit the Site, use the Services, or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will, to the extent permitted by law, be governed by the laws of the State of New York, without regard to principles of conflicts of law. Any disputes arising in connection with this Privacy Policy will be handled in accordance with the dispute resolution provisions in the Terms.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to the Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Privacy Policy.

10. CHILDREN’S PRIVACY

Our Services are not directed to children under the age of 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at privacy@muuvlabs.com. If we learn that we have collected Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.

11. REDRESS/COMPLIANCE AND ACCOUNTABILITY

If you have any questions about our privacy practices, this Privacy Policy, or how to submit a complaint with the appropriate authority, please contact Muuv Labs by email at privacy@muuvlabs.com or by mail at the below address. We or our Data Protection Officer will address your concerns and attempt to resolve any privacy issues in a timely manner.

Muuv Labs LLC 1514 Roberts Drive

Jacksonville, FL 32250 USA

Attn: Legal Department

12. CHANGES TO OUR PRIVACY POLICY AND PRACTICES

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services (as reflected in the above “Date of Current Policy”). If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Services.

13. DEFINITIONS

The following capitalized terms have the meanings set forth below.