» FMS PRIVACY POLICY

Last Updated:
January 7, 2011

Welcome to the website of Functional Movement Systems, Inc., a Virginia corporation ("FMS", "We", "Us", and/or "Our"). This website and its contents and related services (collectively, the "Website") are owned by FMS and/or its affiliates and licensors (collectively, "FMS Affiliates"), and FMS provides the Website 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 or the Services (as defined below), or otherwise availing Yourself of the services and information offered through the Website, You agree to be bound by the Privacy Policy in effect at the time of each such access or other use of the Website 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. Your access and/or use of this Website 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 or the Services (as defined below). If You do not so agree, You are not authorized to access or use the Website 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. "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.
  4. "Non-Personal Information" means Automatically Collected Information (as defined below) and De-Linked Data.
  5. "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.
  6. "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.
  7. "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").
  8. "Services" means, collectively, the features and information available on the Website, and any other services provided by FMS to the User.
  9. "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).
  10. "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, or to any other User via the Website.

»Section 2. - Effective Date.

The initial effective date of this Privacy Policy is January 7, 2011. Unless otherwise stated, all revisions are effective as of the date thereof.

»Section 3. -Children Under Age 13.

We are committed to protecting the privacy of children under the age of thirteen (13) years ("Children"). Access and use of the Website and/or the Services by Children are prohibited by the Terms of Use. The Website and the Services are not designed for or marketed to Children, and FMS does not knowingly collect Personally Identifiable Information from Children.

»Section 4. - Automatically Collected Information.

When You access the Website 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 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 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.
  2. Cookies, Flash Cookies, Web Beacons, Etc. The Website 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 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.

»Section 5. - Personally Identifiable Information Collected by FMS.

FMS collects the following categories of 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 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 and/or the Services may permit or require You to create User Submissions (other than Order Information and Registration 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.

»Section 6. - Disclosure and Use of 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.
    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, 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. 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. 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 7. - 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. 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 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.

»Section 8. - Correcting, Updating, or Deleting Personally Identifiable Information.

Because FMS keeps track of past purchases, certifications, and subscriptions, You cannot delete or modify Order Information. You may correct or update Your Registration Information using the tools available on the Website, but We may retain copies of previously submitted Registration Information. To correct, update, or delete other Personally Identifiable Information, You may contact Us or use the tools available on the Website. Your request must provide sufficient information to identify the User Submissions and the Personal Identifiers contained therein or linked thereto. In the case of Linked Data other than Order Information and Registration Information, upon Your request, We will convert the Linked Data to De-Linked Data by either deleting the Personal Identifiers contained in the Linked Data or by removing any links between the Linked Data and Your Personal Identifiers.

»Section 9. - 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 10. - Contact Information.

Except as otherwise provided, please direct all inquiries and other communications relating to the Website and/or the Services to:

Functional Movement Systems, Inc.
ATTN: Communications Department
47 Depot Street
Chatham, VA 24531

or contact FMS online at www.functionalmovement.com/contacts.

IF YOU DO NOT AGREE TO THE PRIVACY POLICY SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR SERVICES IN ANY WAY, AND YOU MUST EXIT THE WEBSITE IMMEDIATELY.