Privacy Policy

Effective Date: February 1, 2008

 

Introduction

Motionwear respects your privacy. This privacy policy ("Privacy Policy") describes how we collect and use the information that you submit via this website (the "Site"). By using the Site, you acknowledge and agree to this Privacy Policy and the Website Terms and Conditions of Use. If you do not agree to this Privacy Policy and to the Website Terms and Conditions of Use, please do not use the Site.

We reserve the right to change or modify our privacy practices that are described herein from time-to-time simply by posting a revised Privacy Policy on the Site. Any such change shall be effective immediately upon posting. We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current privacy practices. Please note: any information you submit will be used in accordance with the Privacy Policy posted at the time you submit the information. You will have the opportunity to consent if we seek to use the information in a materially different manner.

Anonymous Information

Like many websites, we gather information about how visitors use the Site. In general, you can visit many of the pages on the Site without telling us who you are or revealing any personal information about yourself. We, however, may track your Internet Protocol ("IP") address and other anonymous information from your web browser for trends and statistics. You will remain anonymous unless you submit identifying information during any visit to the Site.

We also work with service providers who use tracking technologies to serve ads across the Internet or track email communication response rates on our behalf. These service providers may collect anonymous information about your visits to the Site and your interaction with our communications, including advertising.

Personal Information

In addition to anonymous information, we also collect personal information from you at the Site when you voluntarily submit it to us. For example, you may submit Personal Information to:

  • Complete a registration, survey, application or other form;
  • Purchase a product or service from us or from one of our vendors, suppliers or other agents;
  • Sign-up to receive email newsletters or other correspondence;
  • Participate in a promotion, contest, sweepstakes or similar promotional activity;
  • Request a catalog or other materials from us; and/or
  • Request email, live chat, mail, fax or telephone support or services.

 

Personal information may include your name, address, telephone number, email address, gender, year of birth, and when necessary, credit card information. We also collect information about your activities on and through the Site from our third party business partners, suppliers, vendors and other agents. You may choose not to provide us with any personal information. Under those circumstances, you can still access and use many portions of the Site; however, you will not be able to access and use those portions of the Site or the services available on or through the Site that require your personal information.

Use of Information

We may use the information we collect to:

  • Customize and/or personalize your communications, surfing and shopping experience;
  • Better respond to your customer service inquiries;
  • Communicate with you about your purchase, account information, or customer service needs;
  • Communicate with you about our products and events, and for other promotional purposes;
  • Improve our business;
  • Administer contests, promotions, surveys or other website features;
  • Provide technical support to you; and
  • Perform any other lawful acts except for those acts expressly prohibited by the Website Terms and Conditions of Use.

 

Sharing Information

Except as expressly set forth herein, we do not loan, give away, sell, distribute or rent your Personal information to any third party. For the purpose of operating our business and providing you with certain services and products, promotions and to process your purchases, shipments and payments, we may disclose your personal information to one or more of our retail or other business partners, distributors, suppliers, affiliates, service providers or other third parties who are assisting Motionwear in performing such activities. Without limiting the foregoing, these third parties may provide Motionwear with payment processing, shipping, data management, email distribution, live text chat, email response, market research, information analysis, and promotions management services. We provide such parties with the personal information they need to perform their respective services and we use commercially reasonable efforts to require them to safeguard your personal information and limit their use of it. We also may provide your personal information to other Motionwear-affiliated companies (including, but not limited to, affiliates and subsidiaries) which may be outside the United States for use in any manner consistent with this Privacy Policy. Further, we also may disclose personal information about you upon request by the government; in response to a court order; when required by law or when we believe in good faith that it is required by law; to enforce our Privacy Policy, Website Terms and Conditions of Use or other agreements applicable to the Site; upon your request; or to contact, identify or bring legal action against someone who may be causing injury to or interference with our or others’ rights or property; or upon your consent. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing purposes. In the unlikely event that all or substantially all of our assets related to the Site are sold or transferred to another party, your personal information may be transferred to an acquiring or successor entity during the due diligence period or sale. In addition, we may also provide aggregated, non-personally identifiable information to third parties for any purposes permitted by law.

Information Security

We use commercially reasonable efforts to safeguard and secure your personal information while stored on our computer systems. We use a variety of industry standard security measures, including encryption and authentication tools, to maintain the confidentiality of your personal information. Your personal information is stored behind industry standard firewalls and is only accessible by a limited number of persons. Regardless of these efforts by us, no system connected to the internet can be guaranteed to be 100% secure.
We use commercially reasonable efforts to safeguard and secure the transmission of your personal information from your computer to our computers. When you place orders or access your personal information, we offer the use of a secure server. To the extent that you select the secure server method or your browser supports such functionality, all credit card information you supply is transmitted via Secure Socket Layer ("SSL") technology. Regardless of these efforts by us, no data transmission over the public Internet can be guaranteed to be 100% secure.

Cookies and Pixel Tags

The Site uses cookies. A cookie is a small, removable data file that is stored by your web browser on your computer. Cookies allow you to place an order on the Site and allow us to enhance, facilitate and personalize your online surfing and shopping experience. For example, we use cookies to:

  • Remember the items in your shopping bag;
  • Recognize you when you return to the Site;
  • Enable you to use our one-click checkout;
  • Present relevant content to you when you visit the Site;
  • Analyze visitor behavior; and
  • Facilitate other similar types of activities.

 

You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your web browser settings. If you turn cookies off, you will not have access to many features that make your visit to the Site more efficient and enjoyable, and in some cases, some of our services will not function or will function with limited capability. However, you can still place orders over the telephone by contacting our customer service center at 317-780-0609.
The Site also uses pixel tags – tiny graphic images – to help us analyze your online behavior and information about visitors to the Site and our customers. Pixel tags also allow us to send you email in a format you can read and let us know when you have opened an email message from us. You may opt-out of this feature at any time by clicking here. We would prefer that you do not opt-out because your experience at the Site is improved when we can combine personal information with pixel tags.

Children's Online Privacy

We do not knowingly collect personal information from children under the age of 18. The Site is not intended to solicit information of any kind from children under the age of 18, and we have made commercially reasonable efforts to design the Site to prevent our knowing acceptance of any such information.
It is possible that by fraud, deception or error, we may receive information pertaining to children under the age of 18. If we become aware that such information is in our possession, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of personal information belonging to a child under the age of 18, please do so at motionwear@motionwear.com.

Email Marketing Practices

We adhere to the highest standards in our email marketing practices. You can choose to opt out of receiving our email communications by clicking opt out box when establishing your account or at checkout during order processing. You may unsubscribe from receiving emails from us at any time by using the link included at the bottom of each email communication. You may also unsubscribe by sending us an email at motionwear@motionwear.com.

Other People’s Information

When using our store locator or event locator, if you provide email addresses or SMS (text message) numbers to us so that we can use them to send information or driving directions, the personal information we receive is not stored for any purpose other than sending the information you requested.
If you choose to use our “forward to a friend” function within the online store, the email addresses provided to us will not be stored for any purpose other than sending the information you requested.

Chat Rooms and Forums

This Site may now or in the future include web logs (i.e., blogs), chat rooms, forums, message boards, and/or news groups. Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive, among other things, unsolicited emails or "spam" from others. Motionwear cannot safeguard the privacy of personal information that is disclosed online in this manner.

Other Websites

When browsing the Site, you may be directed to other websites that are beyond our control. These other websites may use cookies and pixel tags, collect data, or solicit personal information. Even though Motionwear may be affiliated with these websites, we have no control over them or how they collect, distribute or otherwise use your personal information or how they safeguard and secure your personal information. Motionwear is not responsible or liable for the conduct, policies or actions of the owners of such websites or the content displayed on these websites. These websites are linked to the Site only for your convenience and you access them at your own risk.

Unsubscribing, Removing or Modifying Your Information

We want to communicate with you only if you want to hear from us.
You may unsubscribe from receiving emails from us at any time by using the link included at the bottom of each email communication. You may also unsubscribe by sending us an email. To modify the personal information you have provided to us, please login and update your profile. To delete the information you have provided to us, please send us a request to motionwear@motionwear.com. Please note that your personal information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests. In some limited circumstances, such as to resolve disputes, troubleshoot problems and enforce our Website Terms and Conditions of Use, we may retain our files information you have requested to remove. You may also unsubscribe by sending us an email at motionwear@motionwear.com.

Phishing

Phishing is the illegal attempt to mislead people into providing personal or financial information, including credit card numbers, login IDs, passwords and Social Security numbers, via email or through fraudulent websites. The most frequent phishing attacks occur through email disguised to appear as though it came from a reputable company. Most phishing attempts urge you to update or validate your account information, typically through a link in an email directing you to a fake website that appears to be legitimate. Do not provide your personal or financial information in response to an email request or after clicking on a link from an email. Motionwear does not ask for this type of information through an email communication.

To help protect your computer and personal information, make sure you have current anti-virus and firewall software installed on your computer and update such software on a regular basis. Also, please review your credit card statements carefully and verify that all transactions are authorized and report any discrepancies immediately to your credit card company. To learn more about phishing scams, you may wish to visit www.antiphishing.org or www.consumer.gov/idtheft. Some sections of the Site may require you to set up a user ID and password. We recommend that you do not divulge your password to anyone. Motionwear will never ask you for your password in an unsolicited telephone call or email. If you suspect you have received a fraudulent email from Motionwear or any of its affiliates, please contact us immediately at motionwear@motionwear.com.

Terms and Conditions

Motionwear has posted a Website Terms and Conditions of Use that sets forth the terms and conditions under which we provide products, services and information to you from the Site. Please review the Website Terms and Conditions of Use governing your use of, and access to, the Site. It is your responsibility to read, understand and comply with the terms and conditions set forth therein.

Questions and Feedback We welcome your questions, comments, and concerns about this Privacy Policy and our privacy practices. If you have any questions or comments regarding this Privacy Policy, please contact us via email at motionwear@motionwear.com or you may call us at 317-780-0609.