Privacy Policy

Last Modified: June 24th, 2023

This privacy policy (“Privacy Policy”) applies to www.thehealthinmotion.com, www.thehealthinmotion.com, and www.thehealthinmotion.com, all of which are internet websites provided by health in motion (“Site,” “we,” “us,” or “our”). It is intended to explain our privacy practices and covers the following areas:

When this Privacy Policy applies.

U.S. Governing Law; Safe Harbor.

Collection and Use of Personal Information and other Information.

Opting-out of Certain Uses of your Personal Information and Other Information.

Wireless Marketing Services and Associated Promotional Opportunities.

Sharing and Disclosure of Personal Information and Other Information.

Reviewing, Updating or Deleting Certain Information.

Protection of Information.

Your Alabama Privacy Rights.

Changes to this Privacy Policy and Notice.

Miscellaneous

1. When This Privacy Policy Applies. This Privacy Policy applies whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”) and whether you are accessing the Site as a registered user (if offered by the Site) or other user of the Site. This Privacy Policy governs only the Personal Information and Other Information (as those terms are defined below) collected by the Site and does not cover any such information collected in any other manner (such as by Health in Motion or  affiliates not through the Site) or collected by any other company, unless specifically stated. This Privacy Policy will remain in full force and effect, even if your use of or participation in the Site or any particular service, feature, function or promotional activity offered through the Site terminates, expires, ceases, is suspended or deactivated for any reason. If you do not agree with this Privacy Policy, please do not participate in the Site or any features, activities or services offered through the Site.

2. U.S. Governing Law; Safe Harbor. The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By participating in our Site activities, you certify that you are at least thirteen (13) years of age or older and meet all other applicable eligibility qualifications for your specific use of the Site. If you do not meet the age and other eligibility requirements, please discontinue using the Site immediately as your continued use of the Site indicates that you are agreeing to the collection, use, disclosure, management and storage of your Information as described in this Privacy Policy. If you are located outside of the U.S., you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. Consequently, to the full extent permitted by law, you hereby waive any claims relating to the processing of your Personal Information or Other Information in accordance with this Privacy Policy that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

3. Collection and Use of Personal Information and Other Information. When we use the term “Personal Information” we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term “Other Information,” we mean any information other than Personal Information that may be collected such as the pages you visit on our Site, the type of browser you are using, which web address you came from, etc. Personal Information and Other Information are at times collectively referred to herein as “Information”).

Information We Collect that You Provide Us.

User Registration. To the extent we offer user registration on the Site, to register you as a member or user of the Site, you are required to select a user name and password (together, your “User ID”) and may be required to also provide other Information, such as your home address, city, state, zip code, email address, phone number and date of birth. Additional Information may be requested during the registration process (but not required).

In Connection with Certain Features and Functions. We may also provide you with access to certain features or functions that we may offer on the Site, such as the option to subscribe to a selection of free email newsletters and other periodic information, chat rooms, message boards, electronic mail services, messaging services, shopping, registration and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions. For example, to sign up to receive email newsletters, you may be required to provide your email address, date of birth and zip code separate from any user registration.

In Connection with Promotions. From time to time our site requests information via surveys, promotions or contests (“Promotions”). Participation in these Promotions is completely voluntary. There may be a separate registration process to enter Promotions which may require the submission of all or some of the following: your first and last name, home address, city, state and zip code, email address, telephone number and date of birth. Additional Information may be requested depending on the specific Promotion, but submission of such Information may be optional. The Promotion’s entry page and/or Rules will provide the specific requirements.

In Connection with E-Commerce Services. We may also offer certain e-commerce services which provide Site users with the ability to purchase various goods and services via the Site (“E-Commerce Service(s)”). To the extent you utilize any such E-Commerce Services offered on the Site, in addition to your name and contact information, we will also collect and may maintain your billing address, shipping address, Information regarding the goods and services you selected, your credit card or other payment instrument information, your order number and information about your computer’s internet address and website which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is collected via a secure transmission.

Information Collected Through Use of Cookies, Web Beacons and Other Tracking Technologies. The Site and/or third parties may use Cookies, Web Beacons and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Other Information automatically as you browse the Site and the web. “Cookies” (which may be html files, Flash files or other technology) are text files that help store user preferences and activity. “Web Beacons” (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. By visiting the Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site through these Tracking Technologies and that we may use Tracking Technologies in the emails we send to you. We may use Tracking Technologies to help tailor our content, allow users to move between associated sites without logging into each site, understand Site and internet usage, improve or customize the content of the Site, improve offerings or advertisements on the Site, personalize your experience on the Site (for example, to recognize you by name when you return to the Site), understand your interactions with email messages (such as the links clicked on and whether the messages were opened or forwarded), save your password in password-protected areas, enable you to use shopping carts on the Site, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Site and for other purposes described in sections 3(c) below. These Tracking Technologies collect “click stream” data and additional Other Information regarding your visits to the Site, such as your visits to the Site’s webpages, use of our features, and purchasing history or preferences and may also collect your IP address or some other identifier unique to the Device you use to access the Site (“Identifier”). An Identifier is automatically assigned to any Device you use to access the Site. Your Personal Information is not collected as part of this process but we may associate Other Information collected by Tracking Technologies with Personal Information. We currently use services offered through Google Analytics for such purposes. We reserve the right to change our service provider at any time. The privacy policy and terms of use for Google Analytics can be found at http://www.google.com/intl/en/policies/

Use of Information. As set forth in this Privacy Policy, we may share Information with our parent companies, affiliates, and other third parties.

Personal Information. We, and/or our parent companies and affiliates, use the Personal Information we collect from you in a variety of ways, including:

Sending marketing and promotional e-mails offering the purchase of goods and/or services that may be of interest to users, whether those goods and/or services are provided by the Site, our affiliates, or third parties (for example, we may send you an email about a product sold by a third party);

Processing your registration with the Site, such as verifying that your e-mail address is active and valid;

Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, any goods and/or services or products you have ordered or any other transactions you have undertaken with the Site;

Allowing you to participate in the public areas and/or other features of the Site;

Responding to your questions or other requests;

Contacting you regarding your use of the Site, for informational purposes related to the Site or, in our discretion, regarding changes to the Site’s policies;

Improving the Site or our services and for internal business purposes;

Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;

Saving your User ID or other Personal Information, so you don’t have to re-enter it each time you visit the Site;

Otherwise to maintain and administer the Site; and

For other purposes disclosed at the time you provide the Personal Information.

Other Information Collected by Us. We, and/or our parent companies and affiliates, use the Other Information we collect from you in a variety of ways, including:

Keeping count of your return visits to the Site or our parent companies’, affiliates’, or partners’ sites;

Accumulating and reporting aggregate, statistical information in connection with the Site and user activity;

Determining which features, webpages, products and services users like best to, among other things, help us operate the Site, enhance and improve our services and the Site and display advertising and marketing information;

Preparing statistics reports;

Allowing you to participate in the public areas and/or other features of the Site;

Improving the Site or our services and for internal business purposes;

Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;

Saving certain Other Information for use on your return visits to the Site;

Otherwise to maintain and administer the Site;

For the uses described for “Personal Information” above; and

For other purposes disclosed at the time you provide the Other Information.

4. Opting-Out of Certain Uses of Your Personal Information and Other Information.

Opting-Out of Receiving Email Communications. By requested to be updated with Health in Motion information upon registering with our Site, you are agreeing to receive automated email communications from us. Our email communications services are provided by Gmail and Yahoo and GoDaddy. You may opt out of receiving email communications from us as follows:

In Connection with Marketing and Promotional E-mail and Offers. You may “opt-out” of receiving marketing and promotional e-mails from us at any time by following the SafeUnsubscribe™ or Update Profile links at the end of any email or by contacting   by email at bstaub919@gmail.com Please note that when you opt-out of receiving any or all marketing and promotional e-mails from us you are not opting out of receiving newsletters and other editorial based e-mails from us. Please see Section 4(a)(ii) below for your newsletter options.

In connection with Newsletters and other Editorial-based E-mails. To the extent the applicable Site offers newsletters or other editorial-based emails, to manage your newsletter preferences, you may follow the SafeUnsubscribe™ or Update Profile links at the end of any email.  Please note that when you opt-out of receiving any or all newsletters and other editorial-based e-mails from us, you are not opting out of receiving marketing and promotional e-mails from us. Please see Section 4(a)(i) above for your marketing and promotional e-mail options.

Certain Continuing Rights Regardless of Opt-Outs. However, even if you exercise your opt-out rights above, we, or our parent companies or affiliates, may continue to contact you for the other purposes described in the “Use of Information” Section above, such as for maintenance and administrative purposes.

Opting-Out of Use of Certain Other Information Collected by Tracking Technologies.

Tracking Technologies Set By the Site. You can prevent the use of certain Tracking Technologies by using the controls in your Web browser. To do so, you must:

Delete existing Tracking Technologies through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature; and

Disable future Tracking Technologies through the same browser controls. Additional information on enabling or disabling most Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.)

You can choose to have the Device you use to access the Site warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser’s support feature.

Some Device manufacturers may preset their browsers to block Tracking Technologies from websites other than those you visit directly and, if so, certain services or advertisements may not work for such Devices. Further, if you delete, reject, disable or turn off Tracking Technologies, you may not have access to certain features of the Site and some of our other services may not function properly.

5. Wireless Marketing Services and Associated Promotional Opportunities. We may, from time to time, provide users of the Site with the opportunity to register for special Promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. In the event we do so, users are required to provide their consent to receive such information from us, either by registering on the Site or via their wireless device. We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party’s interception of messages or a user’s Personal Information when using a wireless communications device.

Registration for Wireless Services. The Information requested as part of the online registration process may include a user’s telephone number, wireless email address and the carrier’s name. Additional Information may be requested for specific Promotions, such as a user’s preferences regarding goods or services or other similar survey information. Depending on the Promotion, we may also collect an Internet email address or other Information and, depending on the Information collected, the user may also be required to confirm his or her agreement to this Privacy Policy and any applicable Terms of Use Agreement. Users that register for our wireless marketing services acknowledge, understand and agree that they may be charged by their wireless carrier for all messages sent to the user from us. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will we, the Site, our parent companies or affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.

Termination of Wireless Services by User. Users may revoke their consent to receive text messages and other wireless marketing services from us by the following procedure: A user may cancel one or more services via his or her wireless device at any time by using the unsubscribe mechanism provided by us at the time the message is sent, or by sending a text message that says “STOP”, “END”, “CANCEL”, “REMOVE”, “UNSUBSCRIBE” or “QUIT”. Upon receiving such a message, we will terminate the user’s registration for the most recent wireless service sent to the user. Any of these words followed by the word “ALL” in the user’s termination request will cancel all of the user’s registered wireless services with us. If the user unsubscribes from one or all of our service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user’s previous opt-in.

Termination of Wireless Services by Health in Motion. A user understands, acknowledges and agrees that we may, in our sole discretion and without liability to any user, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in wireless marketing services on the Site.

Use of Information. We will not use a wireless telephone number, wireless or conventional Internet email address, or other Information submitted for our wireless marketing services for any other purpose but to provide the service requested, unless we provide advance notice of any other use. We will not share any Personal Information with advertisers or other third party marketers unless you opt-in to such disclosure. We may share Personal Information with the Operational Service Providers that assist us in delivering these wireless services to you and with any of our parent companies and affiliates.

6. Sharing and Disclosure of Personal Information and Other Information.

Sharing and Disclosure of Personal Information. Generally, we do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as described in this Privacy Policy.

Disclosure to Parent Companies and Affiliates. We may disclose Personal Information to parent companies and affiliates for marketing and/or administrative purposes. You can choose to opt-out of certain such uses as described in the “Opting-Out of Certain Uses of Personal Information” Section above.

Disclosure to Operational Service Providers. We may disclose your Personal Information and Other Information to third party companies that provide support services to us (such as printer, e-mail, mobile marketing, or data enhancement providers) for the purpose of administering and maintaining the Site’s services, features, functions and operations (collectively “Operational Service Providers”). These Operational Service Providers may need Information about you in order to perform their functions. We use Operational Service Providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to operational service providers for the purpose of providing services to us.

Disclosure to Certain Other Third Parties. In addition to the above, we will make your Personal Information and Other Information available to certain third parties in the following limited circumstances:

When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process) or if requested by a governmental agency or other authority as part of an investigation;

If we believe your actions violate any law, rule, regulation or any applicable Terms of Use Agreement;

In connection with Promotions, as necessary to administer the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners’ lists or make required filings as appropriate);

If you opt-in or otherwise agree to have your Personal Information shared with or otherwise disclosed to a third party for marketing purposes, in which case the third party’s use of your Information is subject to the third party’s own privacy policy;

If, in our sole discretion, we believe such disclosure to be necessary or appropriate: to investigate or resolve possible problems or inquiries; to protect our business and assets or the rights, property or safety of the Site, our parent companies, our affiliates, or any of its or their licensors, suppliers, advertisers, customers, users, or any other party; to limit our legal liability; to defend our interests; to enforce this Privacy Policy or any applicable Terms of Use Agreement and/or to comply with our legal and regulatory obligations or requests by law enforcement agencies or governmental authorities; and/or,

In the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination involving us, or our parent companies or affiliates.

Sharing and Disclosure of Other Information. We may share or otherwise disclose Other Information with third parties, but we do not disclose Personal Information to them except as described in this Privacy Policy.

7. Reviewing, Updating or Deleting Certain Information.

In General. You may review, update, or delete certain Information provided to us by contacting  by email at bstaub919@gmail.com. Certain Information collected for certain entries into Promotions are subject to corporate and regulatory record-keeping requirements and will not be deleted upon the user’s request, unless the entrant is a child under the age of 13 years old.

Requests for Deleting Accounts of Children Under Age 13. We recognize the particular importance of protecting privacy where children are involved. We are committed to protecting children’s privacy and we comply fully with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect personally identifiable information from children under the age of 13 (“Child”). If we inadvertently send an email or text message to a person who is a Child under the age of 13, we ask that such Child’s parent or legal guardian (“Parent”) unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message; alternatively, Parents may send an email to bstaub919@gmail.com with the Child’s User ID and a written request that we terminate your Child’s account and registration. If a Parent does not have his or her Child’s User ID, the Parent will be required to send an email to bstaub919@gmail.com that includes the Parent’s name, address, telephone and email address, in addition to the Child’s name and email address as registered on the Site, plus the Child’s date of birth. The Parent must also provide verifiable identification that they are the parent or legal guardian of the Child. We will send a confirming email to the Parent via the email address provided to verify that the Parent wishes to terminate his or her Child’s account and registration. The Parent must then confirm by sending a reply email to the designated return address. We will then terminate the Child’s account but will notify the Child of the termination request via email and will identify the name, address and email address of the person making the request.

8. Protection of Information.

In General. While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the Site. You can verify whether a transaction is taking place over a secured transmission by looking for the “https” at the beginning of the address of the Site and/or looking for a closed lock icon at the bottom of your web browser. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our Operational Service Providers follow similar standards of security and confidentiality.

Phishing. Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to bstaub919@gmail.com, and then immediately delete the fraudulent email from your computer.

Public Forums. Any information you submit in a public forum (e.g. a blog, chat room, or social network) can be read, collected, or used by us and others, and could be used to personalize your experience. You are responsible for the information you choose to submit in these instances.

9. Your Alabama Privacy Rights. Under Alabama law, Alabama residents who have an established business relationship with Health in motion may opt out of us disclosing Personal Information about them to third parties for their marketing purposes. If you are a Alabama resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to bstaub@gmail.com. All email requests must be labeled “Your Alabama Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your Alabama Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

10. Changes to this Privacy Policy and Notice. We reserve the right to revise this Privacy Policy at any time by posting an updated Privacy Policy without advance notice to you. Such revisions shall be effective immediately upon posting. Notice of material changes will be posted on the Site’s homepage and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy and all applicable Terms of Use Agreements often for updates.

11. Miscellaneous.

Accuracy and Confidentiality. It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy. You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions.

Links to Other Sites. The Site may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information. In addition, you may have visited our Site through a link or banner advertisement on another site. In such cases, the site you linked from may collect information from people who click on the banner or link. You may want to refer to the privacy policies on those sites to see how they collect and use this information.

Questions. If you have questions about this Privacy Policy, if you do not understand any information about how we collect, maintain, use or share your Personal Information or Other Information, or if you feel that we are not abiding by this Privacy Policy, you may contact us directly by sending an email bstaub919@gmail.com

Other. Please review any applicable Terms of Use Agreements which governs your use of the Site. Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use Agreement.

This Privacy Policy was last modified on the date indicated above and is effective immediately.