FMS Privacy Policy

Welcome to the website and symmio platform of Functional Movement Systems, Inc., a Virginia corporation ("FMS", "We", "Us", and/or "Our"). This website(www.functionalmovement.com) and symmio platform and its contents and related services (collectively, the "Website") and the mobile application and its contents and related services (collectively, the “App”) are owned by FMS and/or its affiliates and licensors (collectively, "FMS Affiliates"), and FMS provides the Website and App to You (the "User") subject to the Terms of Use Agreement, located at www.functionalmovement.com/terms (the "Terms of Use"). The Terms of Use requires You to agree to be bound by this FMS PRIVACY POLICY (this "Privacy Policy"). By accessing and/or using the Website, the App, or the Services (as defined below), or otherwise availing Yourself of the services and information offered through the Website or App, You agree to be bound by the Privacy Policy in effect at the time of each such access or other use of the Website, App, or the Services (as defined below). This Privacy Policy applies to You and to any and all entities or Persons (as defined below) on whose behalf You act.

You acknowledge and agree that FMS may, from time to time, and in its sole discretion, with or without notice to You, modify this Privacy Policy. The date the privacy policy was last revised is identified in Section 2 of this Privacy Policy. Your access and/or use of this Website or App indicates Your agreement to read and be governed by this Privacy Policy. It is Your responsibility to apprise Yourself of any such revision or modifications each time You visit or use the Website, App, or the Services (as defined below). If You do not so agree, You are not authorized to access or use the Website, App, or the Services (as defined below) in any manner.

Section 1. - Definitions. As used in this Privacy Policy:

1. "De-Linked Data" means any data from which Personal Identifiers (as defined below) have been removed or that does not contain Personal Identifiers (as defined below), and any data that is not Linked Data (as defined below).
2. "Laws" means all ordinances, statutes, rules, regulations, orders, injunctions, writs or decrees of any government or political subdivision or agency thereof, or any court or similar entity established by any thereof.
3. "Non-Personal Information" means Automatically Collected Information (as defined below) and De-Linked Data.
4. "Person" means any individual, corporation, limited liability company, partnership, limited liability partnership, association, joint-stock company, trust, unincorporated organization, joint venture, court or government or political subdivision or agency thereof, any other business entity, and any legal person.
5. "Personally Identifiable Information" means any information pertaining to You that can be used to uniquely identify, contact, or locate You, including Personal Identifiers and/or Linked Data.
6. "Personal Identifiers" means one or more of the following categories of information pertaining to You:
   1. Name;
   2. Geographic subdivisions smaller than a U.S. state;
   3. Birth date, except for birth year;
   4. Telephone numbers;
   5. Fax numbers;
   6. E-mail addresses;
   7. Usernames;
   8. Social Security Number;
   9. Credit card numbers and other financial account numbers;
   10. Full face photographic images and any comparable images; and
   11. Web universal resource locators ("URLs").
7. "Services" means, collectively, the features and information available on the Website, App, and any other services provided by FMS to the User.
8. "User Information" means any information transmitted to or collected by FMS concerning the User, including without limitation Personally Identifiable Information, Non-Personal Information, and User Submissions (as defined below).
9. "User Submissions" means any content (including artwork, audio recordings, code, copy, concepts, data, ideas, images, information, messages, music, photography, programs, test results, test scores, text, video recordings, written materials, and/or other materials) that the User uploads, posts, e-mails, submits, transfers, or otherwise transmits to FMS, to the Website, to the App, or to any other User via the Website or App.

Section 2. - Effective Date.

The initial effective date of this Privacy Policy is November, 2023. Unless otherwise stated, all revisions are effective as of the date thereof.

Section 3. -Children Under Age 16.

We are committed to protecting the privacy of children under the age of sixteen (16) years ("Children"). Access and use of the Website, App, and/or the Services by Children are prohibited by the Terms of Use. The Website, App, and the Services are not designed for or marketed to Children, and FMS does not knowingly collect Personally Identifiable Information from Children.If You are under 16, do not use or provide any information on this Website or App, or through any of their features, register on the Website or App, make any purchases through the Website or App, use any of the interactive or public comment features of this Website or App, or provide any information about Yourself to us, including Your name, address, telephone number, email address, or any screen name or user name You may use. If We learn We have collected or received personal information from a child under 16 without verification of parental consent, We will delete that information. If You believe We might have any information from or about a child under 16, please contact us at support@functionalmovement.com or www.functionalmovement.com/contacts.

Section 4. - Information We Collect About You and How We Collect It.

This policy describes the types of information We may collect from You or that You may provide when You visit the Website or App and Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information We collect:

• On the Website or through the App.
• In email, text, and other electronic messages between You and the Website or the App.
• Through mobile and desktop applications You download from this Website, which provide dedicated non-browser-based interaction between You and this Website.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party (including Our affiliates and subsidiaries)
• Any third party (including Our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website or App.

We collect several types of information from and about users of Our Website and App, including Personally Identifiable Information, Personal Identifiers, User Information, User Submissions, and Automatically Collected Information. Sections 5 and 6 describe in further detail the type of information collected by FMS. We collect this information:

• Directly from You when You provide it to us.
• Automatically as You navigate through the site or App. Information collected automatically may include usage details (see Section 5 – Automatically Collected Information).
From third parties, for example, Our business partners.

Section 5. - Automatically Collected Information.

When You access the Website, App, and/or the Services, FMS may automatically collect Non-Personal Information about Your visit, including without limitation the following categories of information (collectively, "Automatically Collected Information"):

1. Visit Information. We may collect information about Your use of the Website, App, and/or the Services, such as the pages and materials You access, the amount of data transferred, the links You click, the amount of time You spend viewing each page, and other information about Your interactions with the Website, App, and/or the Services, as well as certain standard information that Your browser sends to every website that You visit, including Your Internet Protocol (IP) address, operating environment (such as browser type and version, browser plugins installed, operating system version, regional and language settings, screen size and/or resolution, windows size, and page size), access dates and times, and referring websites. We may collect information through the App about your mobile device and internet connection, including your device's unique device identifier, IP address, operating system, and browser type, mobile network information, and the device's telephone number.
2. Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
3. Location Information. This App collects real-time information about the location of your device for marketing purposes.
4. Cookies, Flash Cookies, Web Beacons, Etc. The Website or App may use cookies, flash cookies, web beacons, and other technologies for a variety of purposes, such as saving and retrieving information about You, Your visit, and Your Website or App preferences (for example, Your chosen display language), and assisting in displaying relevant promotions and advertising to You. FMS may use such technologies to share Non-Personal Information with third parties or to retrieve Non-Personal Information from third parties.
   1. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of Your computer. You may refuse to accept browser cookies by activating the appropriate setting on Your browser. However, if You select this setting You may be unable to access certain parts of Our Website. Unless You have adjusted Your browser setting so that it will refuse cookies, Our system will issue cookies when You direct Your browser to Our Website.
   2. Web Beacons. Pages of Our Website [and Our emails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
   3. Flash Cookies. Certain features of Our Website may use local stored objects (or Flash cookies) to collect and store information about Your preferences and navigation to, from, and on Our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing Your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

The information We collect automatically includes Non-Personal Information, but We may maintain it or associate it with personal information We collect in other ways or receive from third parties. It helps us to improve Our Website and App and to deliver a better and more personalized service, including by enabling us to:

• Estimate Our audience size and usage patterns.
• Store information about Your preferences, allowing us to customize Our Website and App according to Your individual interests.
• Speed up Your searches.

Recognize You when You return to Our Website

Section 6. - Information You Provide to FMS.

FMS collects the following categories of information from You, including Personally Identifiable Information:

1. Order Information. When You request or place orders for products, certifications, or Services from FMS (including subscriptions to Services), FMS collects certain Personally Identifiable Information, including without limitation Personal Identifiers and other information used to fulfill Your order or request (collectively, "Order Information").
2. Registration Information. If You register and/or create an account to access certain portions of the Website, App, or the Services, You may be required to provide certain Personally Identifiable Information and You may be provided, or required to choose, a password, username, and/or other registration information (collectively, "Registration Information").
3. Other User Submissions. Certain portions or features of the Website, App, and/or the Services may permit or require You to create User Submissions (other than Order Information and Registration Information), including but not limited to information You provide when filling in a form on Our Website or App, responding to a survey, correspondence You send to Us (such as emails) if You contact Us, Your search queries on Our Website or App, and other submissions and information. Such User Submissions may constitute Linked Data because they either contain or are linked to Personal Identifiers.
   1. Unidentified Linked Data. If Personal Identifiers are included in User Submissions without being requested by FMS and without being properly identified as Personal Identifiers (for example, Personal Identifiers included in user posts in the "Community Forum" portion of the Website), FMS will not know the User Submissions constitute Linked Data. FMS will treat such unidentified Linked Data as Non-Personal Information for all purposes unless and until You notify us that the User Submissions constitute Linked Data.

Information You provide to be published or displayed on public areas of the Website or App, such as through the “Community Forum” portion of the Website, or transmitted to other Users of the Website or third parties are posted on and transmitted to others at Your own risk. Although [we limit access to certain pages/You may set certain privacy settings for such information by logging into Your account profile], please be aware that no security measures are perfect or impenetrable. Additionally, We cannot control the actions of other Users of the Website with whom You may choose to share Your User submissions. Therefore, We cannot and do not guarantee that Your User submissions will not be viewed by unauthorized persons.

Section 7. - Disclosure and Use of Your Information.

We may also use Your information to contact You about our own and third-parties' goods and services that may be of interest to You. If You do not want us to use Your information in this way, please [check the relevant box located on the form on which We collect Your data (the [order form/registration form])/adjust Your user preferences in Your account profile.] For more information, see Choices About How We Use and Disclose Your Information.

We may use the information We have collected from You to enable us to display advertisements to Our advertisers' target audiences. Even though We do not disclose Your personal information for these purposes without Your consent, if You click on or otherwise interact with an advertisement, the advertiser may assume that You meet its target criteria.

Additionally, FMS cannot fully ensure that Your Personally Identifiable Information will not be disclosed to third parties. For example, FMS may be legally obligated to disclose information to the government or third parties under certain circumstances, or third parties may breach or circumvent Our security measures to unlawfully access or intercept transmissions containing Your Personally Identifiable Information, or an error or may occur in the administration of the Website or App. FMS may disclose Your information

1. Non-Personal Information. FMS may use Non-Personal Information for any purposes whatsoever (including without limitation, advertising, marketing, enhancing, designing, or developing products and/or Services, and research), and FMS may share Non-Personal Information with others, including partners, affiliates, and providers of FMS.
2. Personally Identifiable Information.
   1. Use by FMS. FMS may use Your Personally Identifiable Information for the purposes for which it was submitted by You to FMS and for Us to provide the Services to You. Such uses include:
      1. To present Our Website or App and its contents to You;
      2. To provide You with information, products, or services that You request from Us;
      3. To notify You when App updates are available, and of changes to any products or services We offer or provide through it;
      4. To fulfill any purpose for which You provide it;
      5. To provide You with notices about Your account/subscription, including expiration and renewal notices;
      6. To carry out Our obligations and enforce Our rights arising from any contracts entered into between You and Us, including for billing and collection;
      7. To notify You about changes to Our Website or any products or services We offer or provide though it;
      8. To allow You to participate in interactive features on Our Website or App;
      9. In any other way We may describe when You provide the information; and
      10. For any other purpose with Your consent.
   2. Disclosure to Third Parties. To the extent We deem necessary, FMS may disclose Your Order Information and Registration Information to third parties in order to process and fulfill Your orders and similar requests. In addition, FMS may share Personally Identifiable Information with others, including partners, affiliates, subsidiaries, and providers of FMS performing services for or on behalf of FMS. Such services may include communications, database, event management, website services and hosting, mailing, and marketing services.
   3. FMS may disclose Personal Information that We collect or You provide as described in this Privacy Policy:
      1. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of FMS’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by FMS about Our Website and App users is among the assets transferred.
      2. To fulfill the purpose for which You provide it. [For example, if You give us an email address to use the “email a friend” feature of Our Website, We will transmit the contents of that email and Your email address to the recipients.]
      3. For any other purpose disclosed by us when You provide the information.
      4. With Your consent.
   1. To enforce or apply Our Terms of Use and other agreements, such as any End User License Agreement, including for billing and collection purposes;
   2. If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of FMS, Our customers, or others; or
   3. To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In the event that FMS needs to investigate or resolve possible problems or inquiries, You authorize FMS to disclose any User Information to government officials as permitted by applicable Laws.

Section 8. - Privacy and Security.

The privacy and security of Your User Information are important to Us. FMS maintains physical, electronic, and procedural safeguards to secure Your User Information from accidental loss and from unauthorized access, use, alteration, and disclosure. User Information collected by FMS is stored in databases that FMS controls directly or through FMS's service providers. As deemed appropriate by Us, FMS uses security measures consistent with industry standards (such as encryption technology and firewalls) to protect Your User Information.

However, because no security system is perfect, FMS cannot guarantee the security of FMS's databases, nor can FMS guarantee that User Information will not be intercepted while being transmitted over the Internet. In addition, if You register and/or create an account to access certain portions of the Website, App, and/or the Services, You are responsible for maintaining the confidentiality of Your Registration Information, including any username and/or password associated with Your account. If another Person learns Your username and password, We cannot prevent that Person from accessing Your User Information. Therefore, if You suspect that another Person may have learned Your password, You agree to immediately change Your password using the system available on the Website or App.

We urge You to be careful about giving out information in public areas of the Website or App like message boards. The information You share in public areas may be viewed by any user.

Unfortunately, the transmission of information via the internet is not completely secure. Although We do Our best to protect Your personal information, We cannot guarantee the security of Your personal information transmitted to Our Website or Our App. Any transmission of personal information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or App.

Section 9. - Choices About How We Use and Disclose Your Information.

We strive to provide You with choices regarding the personal information You provide to us. We have created mechanisms to provide You with the following control over Your information:

1. Tracking Technologies and Advertising. You can set Your browser to refuse all or some browser cookies, or to alert You when cookies are being sent. If You disable or refuse cookies or other tracking methods, please note that some parts of the Website or App may then be inaccessible or not function properly.
2. Disclosure of Your Information for Third-Party Advertising. If You do not want us to share Your personal information with unaffiliated or non-agent third parties for promotional purposes, You can opt-out by [checking the relevant box located on the form on which We collect Your data (the [order form/registration form])/[OTHER OPT-OUT METHOD]]. You can also always opt-out by [logging into the Website and adjusting Your user preferences in Your account profile][,][ checking or unchecking the relevant boxes] [or by] sending us an email with Your request to [EMAIL ADDRESS].
3. Promotional Offers from the Company. If You do not wish to have Your [email address/contact information] used by the Company to promote Our own or third parties' products or services, You can opt-out by [[checking the relevant box located on the form on which We collect Your data (the [order form/registration form])/[OTHER OPT-OUT METHOD]] or at any other time by] [logging into the Website and adjusting Your user preferences in Your account profile by checking or unchecking the relevant boxes or by] sending us an email stating Your request to [EMAIL ADDRESS]. If We have sent You a promotional email, You may send us a return email asking to be omitted from future email distributions. [This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.]
4. Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location [through the device's privacy settings] [or] [OTHER METHOD]. If you block the use of location information, some parts of the App may become inaccessible or not function properly.
5. Targeted Advertising. If You do not want us to use information that We collect or that You provide to us to deliver advertisements according to Our advertisers' target-audience preferences, You can opt-out by [OPT-OUT METHOD]. [For this opt-out to function, You must have Your browser set to accept all browser cookies.]

We do not control third parties' collection or use of Your information to serve interest-based advertising. However, these third parties may provide You with ways to choose not to have Your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.

Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Section 10. - Correcting, Updating, or Deleting Personally Identifiable Information.

Section 11. - Third Party Use of Cookies and Other Tracking Technologies.

We do not control these third parties' tracking technologies or how they may be used. If You have any questions about an advertisement or other targeted content, You should contact the responsible provider directly. For information about how You can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

• external APIs;
• font rendering;
• search tools; and
• media hosts;

Additionally, some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers.

These third parties may use tracking technologies, such as cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when You use the App or the Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

Section 12. - Terms of Use Incorporated.

You acknowledge and agree that all of the terms of the Terms of Use are incorporated into this Privacy Policy by this reference. To the extent there is an inconsistency between the Terms of Use and this Privacy Policy, the Terms of Use shall govern.

Section 13. Your State Privacy Rights.

State consumer privacy laws may provide their residents with additional rights regarding Our use of their personal information.

California

1. This section applies solely to California consumers and addresses personal information FMS collects online and offline.  If You are a California resident, California law may provide You with additional rights regarding Our use of Your personal information.  This section uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”). To the extent provided for by the CCPA and subject to applicable exceptions and exclusions, California residents have the following privacy rights in relation to the personal information We collect:
   1. The right to request, twice in a 12-month period, that We disclose to You the personal information We have collected during the past 12 months and how We have used and disclosed that personal information.
   2. The right to request that We delete certain personal information We have collected from You.
   3. The right to opt out of the sale of Your personal information.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether We process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, please contact support@functionalmovement.com.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: support@funnctionalmovement.com. However, please know We do not currently sell data triggering that statute's opt-out requirements.

Section 14. - Contact Information.