Effective Date: June 15, 2007
MotionBased™, which is a division of Garmin® International, Inc., respects your right to privacy and shares your concern about the security of any data you may submit to MotionBased’s website. The following statement discloses the guidelines MotionBased has established for protecting the information you provide to MotionBased during your visit to http://www.motionbased.com.
This website is owned, operated, and maintained by:
MotionBased, a division of Garmin International, Inc.
180 Harbor Drive, Suite 202
Sausalito, CA 94965
Phone: 415-339-0477
Fax: 415-339-0577
E-mail: support@motionbased.com
Garmin International, Inc. is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build user’s trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the site http://www.motionbased.com. Because MotionBased wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
If you have questions or concerns regarding this statement, you should first contact MotionBased by e-mail at support@motionbased.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison between you and MotionBased to resolve your concerns.
The TRUSTe program covers only information that is collected through this website, and does not cover information that may be collected through software downloaded from this site.
MotionBased complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.
What information about me does MotionBased collect and how is it used?
MotionBased only collects personal information about you if you voluntarily choose to share it with MotionBased. MotionBased does not share, rent or sell information concerning MotionBased’s subscribers or other users of its website to third parties in ways other than disclosed in this privacy statement.
To use the core functionality of www.motionbased.com, you must first complete the registration form either at www.motionbased.com or at https://my.garmin.com/mygarmin/customers/myGarminHome.faces and open a free MotionBased Lite account. If you register at https://my.garmin.com/mygarmin/customers/myGarminHome.faces, then you will automatically be registered at www.motionbased.com. If you register at www.motionbased.com, then MotionBased will also register you at https://my.garmin.com/mygarmin/customers/myGarminHome.faces. During registration you will be required to provide personal information such as your name, and email address.
On the motionbased.com website there are several other opportunities for you to share personal information about yourself with MotionBased. This may include information about you such as your interests and activities, your biking and running routes, your name, and your mailing address and e-mail address. Submission of this information is strictly voluntary. MotionBased may also collect your credit card information if you choose to subscribe to MotionBased Standard. If you choose to share any personal information with MotionBased, MotionBased may store it and use it for internal marketing research and other marketing purposes, including e-mailing you with special promotions and other programs of interest. If the information is sent as part of a website evaluation, MotionBased may also use the information to contact you about your comments. If you opt-in for the MotionBased newsletter during registration, MotionBased will use your email address to send you newsletters with updates and news about MotionBased. You may remove your name from our email list by updating your Profile in the Account section or by emailing support@motionbased.com. MotionBased does not share, rent or sell your information to another company in ways other than disclosed in this privacy statement.
If you elect to use MotionBased’s referral service for informing a friend about www.motionbased.com or for emailing a trek to a friend, MotionBased will ask you for the friend’s email address. MotionBased will automatically send the friend a one-time email. MotionBased does not permanently store this information.
During the registration process, you will have the option to receive marketing offers from authorized third parties. This is made available to you so that you can learn of special offers that might appeal to you. If you later decide to stop receiving these emails, you may opt-out by contacting MotionBased at support@motionbased.com, by contacting the third party directly, or by changing your email preferences within your “Account Profile” on www.motionbased.com.
When you visit www.motionbased.com, a cookie will be stored on your computer. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of MotionBased’s website. MotionBased’s cookies do not contain any personally identifying information; MotionBased uses them to provide features such as personalization, to save your member ID and to keep track of your shopping cart. MotionBased may also use cookies to assist it in delivering content specific to your interests. Additionally, after you’ve entered your member ID and password during a session on MotionBased’s website, MotionBased saves that information so you don’t have to re-enter it repeatedly during that session. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Not accepting cookies may make certain features of the MotionBased website unavailable to you. MotionBased may use your IP address to identify you, to administer MotionBased’s website and to assist in diagnosing problems with MotionBased’s server.
Like most standard Web site servers www.motionbased.com uses log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
As a result of displaying ad banners from third parties on www.motionbased.com, cookies from these advertisers may be stored on your computer when you visit www.motionbased.com. In addition, MotionBased uses Google Analytics as a method of tracking site statistics and user behavior on its website.
You may decide to send MotionBased personally identifying information in an e-mail message which might contain information or inquiries about MotionBased’s products or services. MotionBased will use this information to identify you as a MotionBased customer and to respond to the electronic mail. MotionBased will only use the information obtained to resolve the issue identified in the e-mail. MotionBased never sells e-mail addresses. You may change your personal information by contacting support@motionbased.com.
MotionBased may transfer personal information that you share within the Garmin group of companies in order to provide the products or services that you request. Except as specified above, MotionBased will only share your personal information with third parties if:
- MotionBased has your consent;
- MotionBased determines that it is required to do so by law; such as in response to a court order or subpoena.
- MotionBased finds that you are in breach of its terms and conditions or any of its policies or usage guidelines for specific products or services;
- it is necessary in MotionBased’s opinion to do so to prevent, investigate, detect or prosecute criminal offences or attacks on the technical integrity of MotionBased’s site(s) or its network;
- it is necessary in MotionBased’s opinion to do so to protect the rights, property, or safety of MotionBased or its employees, the users of its website(s), or the public; or
- it is necessary to fulfill your product or service order. MotionBased uses a credit card processing company to process your credit card information as required for your order and to ensure that your transaction is secure. This processing company does not retain, share, store or use your personally identifiable information for any other purposes.
What does MotionBased do to protect the data I transmit to MotionBased?
MotionBased’s website uses industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information such as your name and address, as well as critically sensitive information such as your credit card number. MotionBased engages a company that is an industry leader in online security and site verification to ensure the security of MotionBased’s site. MotionBased’s website is also registered with site identification authorities so that your browser can confirm MotionBased’s identity before any personal information is sent. In addition, MotionBased’s secure servers protect this information using advanced firewall technology.
What does MotionBased do after it gets an order from me?
Not only does MotionBased protect your purchase-related information as it is transmitted to MotionBased’s servers, but MotionBased also secures the servers themselves to help prevent unauthorized access to the data after it is in MotionBased’s hands. MotionBased has comprehensive security measures in place to protect its Internet servers, as well as its internal corporate computer resources, from loss, misuse, and alteration. In addition, your credit card and billing information cannot be read as it travels to MotionBased’s ordering system.
What can I do to help make sure the security works correctly?
To help ensure that these measures are effective in preventing unauthorized access to your private information, you should be aware of the security features available to you through your browser. You should use a security-enabled browser to submit your credit card information and other personal information at www.motionbased.com. Please note: If you do not use a SSL-capable browser, you are at risk for having data intercepted. MotionBased will not be responsible for any compromise of data that is intercepted due to your use of an unsecured browser.
Most browsers have the ability to notify you if you change between secure and insecure communications, receive invalid site identification information for the site you are communicating with, or send information over an unsecured connection. MotionBased recommends that you enable these browser functions to help ensure that your communications are secure. You can also monitor the URL of the site you are visiting (secure URLs begin with https:// rather than the normal http://), along with the security symbol of your browser (an open or closed padlock in Netscape or a broken or complete key in Internet Explorer) to help identify when you are communicating with a secure server. You can also view the details of the security certificate of the site to which you are connected. MotionBased encourages you to use this to check the validity of any site you connect to using secure communications.
If my credit card company determines that there are fraudulent charges on my account, what should I do?
If your credit card company determines that there are fraudulent charges on your account that are the result of the use of your credit card at www.motionbased.com and they hold you liable for the unauthorized changes, please contact MotionBased immediately. You can contact MotionBased by e-mail at support@motionbased.com or postal mail:
MotionBased
180 Harbor Drive, Suite 202
Sausalito, CA 94965
You should carefully review security/privacy policies of any third party sites accessible from MotionBased’s site. Other sites accessible through MotionBased’s website have their own policies and data collection, use, and disclosure practices. Please consult each site’s policies and practice. MotionBased is not responsible for the policies or practices of third parties. The information practices of those websites linked from MotionBased’s site are not covered by this Privacy/Security Statement. These other sites may send their own cookies to users, collect data, or solicit personal information.
Does MotionBased offer opt-out or opt-in services?
If you choose to stop receiving emails from MotionBased, please follow the unsubscribe instructions within each email communication or send an email to support@motionbased.com. MotionBased will not provide or share any mailing lists or other information about you to another company or service for promotional purposes. Any service related emails (to confirm a purchase, etc.) generally do not offer an unsubscribe as they are necessary to provide the service you requested. [see box 7d]
What if information I have previously submitted has changed?
If you need to correct, amend or delete submitted information that is inaccurate please contact MotionBased at support@motionbased.com. MotionBased will respond to your email request within 10 -15 business days. In addition, you may correct, amend or delete submitted information that is inaccurate by visiting “My Activities” on www.motionbased.com.
Is MotionBased responsible for all of the material I see on MotionBased’s website?
MotionBased does maintain responsibility for and authority over all information contained on its website. However, MotionBased may post links to sites that MotionBased does not control. MotionBased is not responsible for the privacy practices or content of these sites.
What about the Blog Site?
MotionBased maintains a relationship with an outside service provider to administer the online Blog site that can be accessed through MotionBased’s site at http://blog.motionbased.com/. This website maintains the look and feel of the www.motionbased.com website, but any personal information you provide on the Blog site at http://blog.motionbased.com/ is stored by the outside service provider. Any personal information submitted on the Blog site is wholly governed by the privacy policy of the outside service provider, which can be found at http://www.sixapart.com/privacy. MotionBased recommends that you read that privacy policy before submitting any personal information on the Blog feature. Although the blog pages may have MotionBased branding, the outside service provider is prominently identified so that you are aware of who is collecting your personal information.
What about the Forum and Wiki Site?
MotionBased maintains a forum, accessible through “My Activities”. MotionBased administers this feature. Any personal information submitted on the forum is wholly governed by this privacy policy. We maintain a separate registration for this feature, requiring just a username, email address and password.
MotionBased also maintains a wiki site at http://wiki.motionbased.com, which is accessible through www.motionbased.com. Any personal information submitted on the wiki site is wholly governed by the privacy policy set forth on the wiki site, which can be found at http://wiki.motionbased.com/mb/MB_Wiki:Privacy_Policy.
If you use the Blog site, the forum or the wiki site, you should be aware that any personally identifiable information you submit in the comment field can be read, collected, or used by other users of these forums indefinitely, and could be used to send you unsolicited messages. MotionBased is not responsible for the personally identifiable information you choose to submit in these fields.
What MotionBased’s policy regarding children’s use of MotionBased’s website?
While MotionBased encourages everyone to visit its website and learn about the company and GPS technology and applications, MotionBased has no desire to collect information from those under the age of 18. Any instance of personal information about a minor being collected would be purely accidental and unintentional.
Where can I learn more about using the Internet and protecting my privacy?
The United States Federal Trade Commission has a web page http://www.ftc.gov/privacy/index.html devoted to providing you with information about protecting your privacy online. MotionBased encourages you to familiarize yourself with the concepts discussed on this page.
Privacy/Security Policy changes
If MotionBased makes changes to any terms or conditions of this Privacy/Security Statement, these changes will be posted on MotionBased’s websites in a timely manner. If MotionBased decides to change this Privacy/Security Statement it will post those changes on this Privacy/Security Statement and other places MotionBased deems appropriate, which may include its website, for a period of time MotionBased deems appropriate, so that you are aware of what information MotionBased collects, how MotionBased uses it, and under what circumstances, if any, MotionBased discloses it. MotionBased reserves the right to modify this Privacy/Security Statement at any time, so please review it frequently. If MotionBased makes material changes to this Privacy/Security Statement, MotionBased will update this Privacy/Security Statement and notify you by means of a notice on MotionBased’s website. In case of a business transaction in which a portion or all of MotionBased’s business is acquired, MotionBased will notify you as described above in this paragraph.
Disclaimer
While MotionBased continues to work hard to protect your personal information, no data transmission over the Internet can be guaranteed to be 100 percent secure and MotionBased cannot ensure or warrant the security of any information you transmit to MotionBased. Transmitting personal information is done at your own risk.
Tell MotionBased what you think
MotionBased welcomes your questions and comments about security and privacy. Please send e-mail to support@motionbased.com.
