Vimocity Services Privacy Notice
Last updated June 9, 2023
Vimocity’s Privacy Promise:
We encourage you to read this Notice in full to understand how we treat your information when you use the Services. To get started, here is a summary of our privacy promise to you:
- Vimocity collects minimal Personal Data. We collect it directly from you, but your Employer may also provide us with some information to help set up your profile and account.
- You may have the option to submit information about yourself, but Vimocity is not a covered entity or a business associate under HIPAA and the information you input is not health data for the purpose of any health information privacy or consumer privacy laws.
- You can control your privacy preferences directly. See the instructions in Section 4.
- Vimocity honors the rights granted to you by applicable privacy laws. See your Notice of Privacy Rights in Section 5.
- Please note that our marketing website at vimocity.com is governed by a separate Privacy Notice.
If you have any questions about this Notice, please contact us at email@example.com or by phone at 206-400-6634.
- “PERSONAL DATA” DEFINED
When we say, “Personal Data,” we mean any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Data falls within certain categories, for example:
a. Identifiers (e.g., name, email, telephone number, address, username);
b. Sensitive Personal Data (e.g., government identification number; precise geolocation; racial or ethnic origin; religious beliefs; health information; contents of messages when we are not the recipient; in some cases, information about a known child);
c. Legally protected information (e.g., race, citizenship, marital status, sex);
d. Employment-related information (e.g., current or past employment);
e. Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99);
f. Biometrics (e.g., DNA, face/voice prints, health data) and audio, electronic, visual, thermal, or olfactory information;
g. Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
h. Internet or other similar activity (e.g., browsing history; content interactions); and
i. Inferences drawn from Personal Data to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes.
Information that is not protected as Personal Data includes publicly available information; aggregated information (meaning data summaries or reports with Personal Data removed); and anonymized information that cannot be linked back to an individual.
- PERSONAL DATA COLLECTION & USE
Vimocity collects your Personal Data (a) with your consent; (b) if we have a legitimate interest in doing so; or (c) as authorized or required by law. We only collect, use, retain, and disclose Personal Data as reasonably necessary and proportionate to achieve our purposes, or for other purposes that we disclose to you and are compatible with the context of how we collected the Personal Data. In the preceding 12 months, Vimocity has collected Personal Data from users of the Services in the categories of identifiers, employment information, biometrics, and your internet activity. We collect this information from:
a. You, with your consent. When you create your account, the Services will collect your email address, first name and last name. If you order a movement kit or if you win a prize, the Services will require you to provide a shipping address for those items. If you participate in our rewards program or a challenge, you may submit videos or recordings that include your image, audio, or other Personal Data as well as any tracking data you submit via the mobile application. If you complete a survey, we will collect any Personal Data you choose to include in your responses. This information is collected with your consent and is used to provide you with access to the App and to offer you a tailored user experience.
b. Your Employer, with a legitimate interest. Vimocity may receive your email address, name, job title, employee ID, and/or department from your Employer. We collect this information for our legitimate interest of meeting our contractual obligations to your Employer and we use it to facilitate your use of the Services.
c. Your interactions with the Services, with a legitimate interest. Vimocity may collect usage data from your interactions with the Contents, such as the pages you viewed, Services features you use, and details about any links with which you interact. We collect this information to achieve our legitimate interest of providing and improving the Services.
d. Your communications with Vimocity, with your consent. If you interact with Vimocity via social media or contact us in any way, we will collect identifiers like your name and email address, along with any other Personal Data that you choose to include in your communication with us. We use this information to respond to your inquiries.
e. Your use of the Services, with a legitimate interest. Vimocity may automatically collect technical data about your device or use of the Services, such as your IP address, log information, generalized geolocation when using the Services, error messages, and unique device identifiers. Like most commercial digital services, Vimocity uses an essential cookie by MixPanel to track your username from one session to the next and provide analytics about your user experience. We collect this information to achieve our legitimate interest in providing and improving our Services.
In addition to the specific uses described above, we reserve the right to use your Personal Data to (i) protect your privacy and the privacy of others; (ii) comply with a law, regulation, legal process, or order; (iii) monitor your compliance with this Notice and your agreements with us; (iv) if we believe it is necessary, to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Vimocity, or others; or (v) for any other purpose with your consent. Vimocity will not collect additional categories of Personal Data or use your Personal Data for purposes that are incompatible with the purpose stated at the time of collection without first notifying you by updating this Notice or through other means.
- RETENTION OF PERSONAL DATA
Vimocity retains Personal Data only as long as necessary for the purpose for which the Personal Data was collected. In some cases, the retention period may be the same duration as our services agreement with your Employer. We securely delete data after the applicable retention period. Vimocity reserves the right to retain data for longer periods as required by law or court order or if doing so is critical to our business.
- DISCLOSURES OF PERSONAL DATA
Vimocity will only disclose Personal Data as described in this section, with your permission, or as required by law. In the preceding 12 months, we have disclosed Personal Data for a business purpose to:
a. Employers. If required by our services agreement with your Employer, we may inform your Employer if you set up an account on the Services, complete a video or other content that is required by your Employer, participate in a wellness program within the Services that offer credit for completing activities within the platform, or participate in a challenge where you or a team compete against others on the Services. If you win a prize through a challenge or the rewards program, we may share your name with your Employer, as well as on the platform during and/or after the event.
b. Our Service Providers. Service Providers like IT service providers, billing processors, and email and data hosting providers may have access to Personal Data as needed to perform their contractual obligations to Vimocity. We prohibit our service providers from selling or disclosing the Personal Data we provide, and we require all service providers to maintain confidentiality standards and appropriate technical and organizational measures to ensure the security of your Personal Data.
c. Other third parties, as permitted by applicable law, for example: if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); to comply with a legal requirement or a court order; when we believe it is appropriate to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; to law enforcement or other governmental agencies where required by law; or for any other reason with your consent.
d. Aggregated and Deidentified Information. In an ongoing effort to better understand and serve our users, we may conduct research on our user’s demographics, interests, and behavior based on the Personal Data and other information provided to us to generate Reports or other data sets in aggregated, anonymized, or deidentified formats. Vimocity reserves the right to share these data sets with nonaffiliated entities for any purpose without restriction.
- YOUR PRIVACY CONTROLS
The Services include options to directly control how we collect and use your Personal Data:
a. Your Account. Users can view, access, update, or delete the Personal Data associated with their account. Please contact firstname.lastname@example.org for assistance. Accounts will be deactivated if Vimocity receives notification from the employer that you are no longer an employee at the company or if the contract ends. Once an account is deleted, personal data is deleted from the platform and the account will no longer be accessible.
b. Texting. If you provide us with your wireless phone number, you consent to Vimocity sending you informational text messages. The number of texts you receive will depend on the Services you use and the information you request from us. You can unsubscribe from our text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
c. Emails. Vimocity may send you informational or support emails related to your account. If you do not wish to receive emails from us, you can unsubscribe or change your preferences via the links provided in the emails.
d. Privacy Requests. To exercise your rights under your applicable privacy laws (see Section 6) beyond the methods described above, or if you want to express concerns, revoke your consent, lodge a complaint, or request information, please contact email@example.com. In some cases, we may be required to forward your request to your Employer for processing. In all cases, Vimocity can only assist with or fulfill a privacy request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Data, and to properly understand, evaluate, and respond to the request. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We endeavor to respond to privacy requests following the requirements of the law applicable to your jurisdiction.
e. Device Settings. You can control the data we collect through cookies and related technologies by adjusting your device settings.
f. Block Location Tracking. You can stop all collection of information by an app by uninstalling it. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. You can stop all collection of precise location data through an app by uninstalling the app or withdrawing your consent through your device settings.
g. Do Not Track. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests.
- NOTICE OF PRIVACY RIGHTS
Depending on where you reside, you may be legally entitled to certain privacy rights over the Personal Data that we collect and process about you. For users in the United States, consumer privacy is governed by federal privacy laws covering specific industries or data uses and state privacy laws providing general consumer privacy rights. For example, California, Colorado, Connecticut, Iowa, Nevada, Utah, Virginia, and other states require companies to inform consumers about their privacy rights and provide a method to exercise those rights.
The European Union’s General Data Protection Regulation and its counterpart regulation in the United Kingdom entitle data subjects to control whether and how their Personal Data is collected and used by businesses. As a service provider to Employers, Vimocity collects and processes the Personal Data of Data Subjects as a processor. Data Subjects can exercise the rights provided under the laws applicable to them by submitting a request through their Vimocity account or to their Employer.
If you are in Canada, the Personal Data Protection and Electronic Documents Act and other provincial privacy laws give Canadians specific rights regarding their Personal Data. Additionally, Australia, as well as many countries within the continents of Africa, South America, and Asia, have enacted comprehensive consumer privacy laws offering a broad spectrum of consumer rights over their Personal Data.
This section provides notice of the rights that may be available to you under privacy laws, to the extent those laws apply to you and Vimocity.
As part of our commitment to your privacy, Vimocity provides this notice of privacy rights:
a. You have the right to know how we collect and treat your Personal Data. We have described our privacy practices in this Notice. We may provide you with additional notices about other ways we process your Personal Data, such as by sending you a notice via email or by other means of communication.
b. We will only use your Personal Data in ways that you expect. We set your expectations through this Notice and other notices we provide from time to time.
c. Vimocity does not intend to collect any health data about you. However, if you provide us with health data, we will never share or sell it.
d. You have the right to the accuracy of your Personal Data. If your Personal Data on our systems is not accurate, you may have it corrected. If you learn that we are holding inaccurate or outdated Personal Data about you, please inform us and we will update our records.
e. Upon request, we will provide you with copies of your Personal Data. Please be specific in your request so we can send you the data that is most helpful to you.
f. You may request that we delete your Personal Data. We may permanently delete, deidentify, or aggregate Personal Data in response to a request for deletion. If you submit a deletion request, we will confirm the Personal Data to be deleted before its deletion, and we will notify you when your request is complete. The right to deletion is not absolute, and we may be entitled to retain and process your Personal Data despite your request.
g. You can request more details about how we use your Personal Data and with whom we may share it. Upon request, we will send you a list of the Personal Data we have collected about you, where we got it, and details about how we have used it. If we disclose your Personal Data to affiliates and/or third parties for marketing purposes, we will tell you.
h. Vimocity does not intend to collect Personal Data that is sensitive in nature, and in no case will we use or disclose sensitive Personal Data for inferring characteristics about you.
i. Vimocity does not sell Personal Data or share it with third parties for cross-contextual advertising.
j. Our Services do not use profiling or automated decision-making.
k. We will limit our processing of your Personal Data upon your request and where we are required to do so by law. For example, if the data is inaccurate, we no longer need the data, you object to processing, or our processing violates your rights.
l. Vimocity will not treat you differently or offer you different Services as a result of your exercise of privacy rights.
m. You are welcome to submit requests, questions, or complaints to Vimocity at firstname.lastname@example.org.
n. If you are a data subject from the EU or UK and you feel we have not adequately resolved a privacy issue, you have the right to file a complaint with a supervisory authority. We suggest the Data Protection Commissioner of Ireland.
It is Vimocity’s policy to provide our Services in compliance with all applicable laws. If you wish to exercise a privacy right available to you, please contact email@example.com. We will respond to your request as required by applicable law.
A. DATA SECURITY
Vimocity has implemented and maintains reasonable security measures to secure your Personal Data from accidental loss and unauthorized access, use, alteration, and disclosure. Our security measures are appropriate to the volume, scope, and nature of the Personal Data processed and designed to meet our duty of care for your Personal Data. Nevertheless, given the possibility of the unlawful interception of information, we cannot guarantee, and you should not expect that the information you provide to us will always remain private or secure. Should you suspect any misuse, loss of, or unauthorized access to your Personal Data, you should contact us immediately.
B. THIRD-PARTY WEBSITES AND SERVICES
C. CHANGES TO THIS PRIVACY NOTICE
This Notice may change from time to time. We will post any changes to the Services, and we strongly encourage you to periodically review this Notice. Your continued use of the Services after any changes constitutes your acceptance of the most updated version of this Notice. If you do not agree to the changes, please do not continue using the Services.