Motimove respects your privacy and the protection of your personal data. This Privacy Policy will inform you as to how we collect, process, and secure your personal data when users visit our websites or use our online Services, including our platform and mobile applications (collectively, the “Services”) (regardless of where you visit them from) and tell you about your privacy rights and how the law protects you. This Privacy Policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.
This Privacy Policy aims to give you information on how Motimove collects, processes, and secures your personal data through your use of our services, including any data you may provide when you sign up to our newsletter. The categories of data subjects that this Privacy Policy is intended to apply to are:
Data subjects are collectively referred to as “Users,” “you,” or “your” in this Privacy Policy. It is important that you read this Privacy Policy together with any other Privacy Policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.
Motimove is the controller and responsible for your personal data (collectively referred to as "Motimove", "we", "us" or "our" in this Privacy Policy) when we determine the purposes and means of the processing of your personal data. We are the processor when we process your personal data on behalf of the controller. We act as both a controller and processor of your personal data as described below. We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise [your legal rights], please contact the DPO using the details set out below.
If you have any questions about this Privacy Policy or our privacy practices, please contact our DPO in the following ways:
You have the right to make a complaint at any time to the applicable data protection authority in your country, including:
However, we would appreciate the chance to address your concerns before you approach the data protection authority, so please contact us in the first instance.
We keep our Privacy Policy under regular review. This version was last updated on 7 June 2024. We may make changes to this Privacy Policy from time to time and the revised version will be effective when it is posted. If we make any material changes, we will let you know through the Services, by email, or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Our services may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Policy of every website you visit.
Personal data, or personal information, means information that identifies, relates to, or describes, directly or indirectly, a particular individual which is related to an identified or identifiable natural person. It does not include data where the identity has been removed and which cannot be used or reconfigured to identify you (anonymous data). We may collect, use, store and transfer different kinds of personal data about you as the controller (for the purposes set out in section 5 below), which we have grouped together as follows:
We also collect, use and share Aggregated Data such as statistical or demographic data about groups of individuals for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not and could not be used to directly or indirectly identify you. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific services feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
We do not collect any Special Categories of Personal Data about you as the controller (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. We may, however, act as a processor of some Special Categories of Personal Data as described below in Section 3 (The data we receive about you as the processor).
If you fail to provide personal data Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or Service you have with us but we will notify you if this is the case at the time.
Health Practitioners’ Privacy Practices. We act as a processor to Health Practitioners’ and we collect data on their behalf. Therefore, our use and disclosure of information, including personal data, is limited by our agreements with them. This Privacy Policy does not reflect the privacy practices of the Health Practitioners, and we are not responsible for Health Practitioners’ privacy policies or practices. We do not review, comment upon, or monitor Health Practitioners’privacy policies or their compliance with their respective privacy policies, nor do we review Health Practitioners’ instructions with respect to our processing of information to determine whether such instructions are in compliance or conflict with the terms of the Health Practitioners’ published privacy policy.
We may act as processor of some personal data of Users not listed in Section 2 above, including Special Category Personal Data such as information we receive from you and/or your Health Practitioner like which exercises have been assigned to you and your adherence to a particular exercise program. Our legal obligations as a processor are instead set out in the contract between us and the relevant controller and applicable privacy obligations applied, are agreed between you and your Health Practitioner. With regards to retention and erasure, in accordance with data protection laws, the controller will be given the option to have the personal data either returned or deleted upon termination of the contract. If we do not hear from the controller on this point within 14 days of contract termination, we will permanently delete the personal data from our database in accordance with the Motimove Data Retention Policy.
We use different methods to collect data from and about you including through:
You may give us your Identity, Contact and Financial Data of our customers (where it contains personal data) by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
As you interact with our services and our emails, we (and our third-party partners) will automatically collect Technical Data about your equipment, browsing actions and patterns. We (and our third party partners) collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.
We will receive personal data about you from various third parties as set out below:
We will use your personal data for internal and service-related purposes, including in the following circumstances:
Please see section 14 (Glossary) of this Policy to find out more about the types of lawful basis that we will rely on to process your personal data. In limited circumstances, and where required by law, we will obtain and rely on consent as a legal basis for processing your personal data.
We have set out below, in a table format, a description of the ways we plan to use your personal data as the controller, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate. Note that we may process your personal data based on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal grounds we are relying on to process your personal data where more than one ground has been set out in the table below.
We use personal data received through the Services as a processor for internal and service-related purposes as permitted by our contracts with Health Practitioners for which we process the personal data. This use includes extracting, analysing, communicating, reporting, and documenting user personal data, Health Practitioner recommendations, and other related Health Practitioner-user discussions.
Marketing and Promotional offers from us. You may receive our newsletter from us or on our behalf if you have opted-in to receive this information from us. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established personal data control mechanisms which will be embedded in all marketing communications you receive, and you will be able unsubscribe from receiving these messages by following the prompts in the Platform or at any time through by emailing info@motimove.com. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Services may become inaccessible or not function properly. For more information about the cookies we use, please see https://www.motimove.com/cookies.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is directly related to, the original purpose. If you wish to get an explanation as to how the processing for the new purpose is directly related to the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so and will obtain your express prior consent. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may share your personal data for business and commercial purposes, such as operating the Services, with the parties set out below for the purposes set out in the table above:
We require all third parties who are processors to respect the security of your personal data and to treat it in accordance with the law. We only permit our third-party service providers to process your personal data for specified purposes and in accordance with our instructions.
Where necessary, we may need to transfer your personal data to another country to enable us to provide you with our Services, for marketing purposes and for customer relationship management purposes. Many of our external third parties are based outside the country in which you reside so their processing of your personal data may involve a transfer of data outside of the country in which you reside.
How we safeguard personal data when we transfer it internationally Whenever we transfer your personal data out of your country, we take reasonable steps to ensure a similar degree of protection is afforded to it by using at least one of the following safeguards:
We have put in place reasonable security measures designed to meet the requirements of applicable law and to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Although we make efforts to secure your personal data, we cannot guarantee the safety of any personal data you transmit to us online. In addition, we strive to limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any contractual, legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. In some circumstances you can ask us to delete your data: see section ‘Your legal rights’ of this Policy for further information. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Depending on where you live, you may have the right to:
No fee usually required. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you. We may need to request specific information from you and to follow certain procedures to help us verify the request, confirm your identity, and ensure your right to access your personal data (or to exercise any of your other rights). The verification steps we take may differ depending on your country of residence and the request. We will match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process it in accordance with applicable law. If we cannot verify your request, we may ask you for additional information to help us verify your request. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond. We will respond to your request within the time period required by applicable law. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Identifiable Patient information in the United States is treated as Protected Health Information (as defined at 45 C.F.R. § 160.103) (“PHI”) regulated by the U.S. Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”). PHI is handled by us in accordance our HIPAA business associate agreements (“BAAs”) with the relevant Health Practitioners. In the United States, we use and retain any PHI that we receive as a processor to provide and improve the Services and our products and services to the extent permitted by HIPAA and applicable agreements with our customers. We use and disclose PHI in accordance with HIPAA and applicable BAAs. In the United States, we also may disclose PHI in accordance with HIPAA and the applicable BAAs or as directed by you. You are solely responsible for any disclosure of your personal data that you initiate using the Services.
For the purposes of clause 7 (International Transfers) of this Privacy Policy, we may transfer your personal data to overseas recipients (i.e. outside Australia).
For the purposes of clause 7 (International Transfers) of this Privacy Policy, we may transfer your personal data to overseas recipients (i.e. outside New Zealand).
Aggregated Data means data which relates to a group of data subjects and from which individual identities have been removed so that it is not linked or reasonably linkable to any data subject, including via a device.
Anonymous Data means data which does not relate to an identified or identifiable natural person, or personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable.
Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Data Subject means an individual who is the subject of personal data.
Personal Data means any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Special Categories of Personal Data means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
Technical Data means information we collect from your computer, mobile phone or other device when you use our Services. Technical data may include your Internet Protocol (IP) address, your device type, browser type and version, your time zone setting, browser plug-in types and versions, operating system and platform and other online identifiers.
Usage Data means information about how you use our website, products and services.
Yes. Motimove uses cookies and other similar technologies to ensure everyone who uses the website has the best possible experience.
A cookie is a small text file that is placed on your hard drive by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. You can find out more about each cookie by viewing our current cookie list below. We update this list every six months, so there may be additional cookies not yet listed. Web beacons, tags, and scripts may be used on the website or in emails to help us to deliver cookies, count visits, understand usage and advertising campaign effectiveness, and determine whether an email has been opened and clicked on. We may receive reports based on the use of these technologies by our service/analytics providers on an individual and aggregated basis.
When you visit our website, we may place a number of cookies in your browser. These are first-party cookies, and they allow us to hold session information as you navigate within the site. For example, we use cookies on our website to understand visitor and user preferences, improve their experience, and track and analyze usage, navigational, and other statistical information. You can control the use of cookies at the individual browser level. If you choose not to activate cookies or to later disable them, you can still visit our website, but your ability to use some features may be limited.
You can generally activate or later deactivate the use of cookies through your web browser. Find your browser below to learn more about how to manage your cookie settings.
If you want to learn more about cookies or how to control, disable, or delete them, please visit http://www.aboutcookies.org for detailed guidance. In addition, certain third-party advertising networks, including Google, allow users to opt out of or customize preferences associated with your internet browsing. To learn more about this feature from Google, click here.
Many jurisdictions require or recommend that website operators disclose the types of cookies they use and occasionally get consent from users before placing certain cookies. We may use any of the following categories of cookies on our website as detailed below. Each cookie falls within one of these four categories:
| Category | Description |
|---|---|
| Essential Cookies | Essential cookies (first-party cookies) are sometimes called “strictly necessary” as without them we cannot provide many services that you need on the website. For example, essential cookies help remember your preferences as you move around the website. |
| Analytics Cookies | These cookies track information about website visits so we can make improvements and report our performance. For example, we analyze visitor and user behavior to provide more relevant content or suggest certain activities. These cookies collect information about how visitors use the website, which site the user came from, the number of each user’s visits, and how long a user stays on the website. We might also use analytics cookies to test new ads, pages, or features to see how users react to them. |
| Functionality or Preference Cookies | During your visit to the website, these cookies are used to remember information you have entered or choices you make such as your username, language, or region. They also store your preferences when personalizing the website to optimize your use of Motimove, for example, your preferred language. These preferences are remembered through the use of the persistent cookies, and the next time you visit the website you won’t have to set them again. |
| Targeting or Advertising Cookies | These third-party cookies are placed by third-party advertising platforms or networks in order to deliver ads and track ad performance, enabling advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called behavioral, tracking, or targeted advertising) on the website. They may subsequently use information about your visit to show you ads that you may be interested on our website and other websites. For example, these cookies remember which browsers have visited the website. |