Last Updated: October 10, 2016
We at SSAM Sports, Inc. d/b/a 4D Motion Sports (“4D Motion,” “we,” “us,” or “our”) have created
practices of 4D Motion in connection with the App.
you accept upon registering to use the App (the “EULA”). By accepting the EULA you accept the terms
The Information We Collect and/or Receive
In the course of operating the App, 4D Motion will collect (and/or receive) the following types of
information. You authorize us to collect and/or receive such information.
1. Personal Information
If you would like to use the App, you will need to download the App from the Apple, Android or any
other app store through which the App is made available to you. During the registration process, you will
be asked to provide personal information about yourself, such as your name, e-mail address, and
birthdate. You will also be asked to create a profile by providing additional information about yourself,
such as handicap, dexterity, gender, height, weight and bone lengths.
Instructors (each, an “Instructor”) may also create profiles for their students (each, a “Student”) by
providing personal information about the Student, such as the Student’s name, e-mail address, date of
birth, handicap, dexterity, gender, height, weight and bone lengths.
All information we collect and/or receive under this section is collectively called “Personal Information.”
We do not collect any Personal Information from you when you use the App, unless you provide such
2. Motion Data.
When you use the App, we collect and/or receive certain information, including but not limited to, the
motion data that is generated by your use of the App (“Motion Data”). Motion Data does not include any
3. Geolocational Information
Certain features and functionalities of the App are based on your location. In order to provide these
features and functionalities while you are using a mobile device, we may, with your consent,
automatically collect geolocational information from your mobile device or wireless carrier and/or certain
third-party service providers. Such information is collectively called the “Geolocational Information.”
Collection of such Geolocational Information occurs only when the App is running on your mobile
device. You may decline to allow us to collect such Geolocational Information, in which case 4D Motion
will not be able to provide certain features or functionalities to you.
4. Other Information.
In addition to the Personal Information, Motion Data, and Geolocational Information, we may collect or
receive additional information (collectively, the “Other Information”). Such Other Information may
a. From Your Activity. In an ongoing effort to improve the App, we automatically collect
certain information when you access and use the App. Such information includes, without limitation, IP
addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time
spent on particular pages, what sections of the App users visit, log files, and similar information and data.
b. From Cookies. We collect information using “cookie” technology. Cookies are small
packets of data that a website stores on your mobile device’s hard drive so that your mobile device will
“remember” information about your visit. We may use both session cookies (which expire once you
close your web browser) and persistent cookies (which stay on your mobile device until you delete them)
to help us collect Other Information and to enhance your experience using the App. If you do not want us
to place a cookie on your mobile device’s hard drive, you may be able to turn that feature off on your
mobile device. Please consult your Internet browser’s documentation for information on how to do this
and how to delete persistent cookies. However, if you decide not to accept cookies from us, the App may
not function properly.
c. Third-Party Analytics. We use third-party analytics services (such as Google Analytics)
to evaluate your use of the App, compile reports on activity, collect demographic data, analyze
performance metrics, and collect and evaluate other information relating to the App and mobile and
data. By accessing and using the App, you consent to the processing of data about you by these analytics
For more information on Google Analytics, including how to opt out from certain data collection,
please visit https://www.google.com/analytics. Please be advised that if you opt out of any service, you
may not be able to use the full functionality of the App.
How We Use and Share the Information
You authorize us to use the Personal Information, Motion Data, Geolocational Information and the Other
Information (collectively, the “Information”) to provide and improve our App, products, and services; to
solicit your feedback; and to inform you about our products and services and those of our promotional
You also authorize us to use and/or share Information as described below.
Agents, Providers and Related Third Parties. We may engage other companies and
individuals to perform certain business-related functions on our behalf. Examples may include
providing technical assistance, order fulfillment, customer service, and marketing assistance.
These other companies will have access to the Information only as necessary to perform their
functions and to the extent permitted by law. We may also share your Information with any of our
parent companies, subsidiaries, or other companies under common control with us.
Aggregated Information. In an ongoing effort to better understand our users and our App,
we might analyze the Information in aggregate form in order to operate, maintain, manage, and
improve the App. This aggregate information does not identify you personally. We may share
this aggregate data with our affiliates, agents, and business partners.
Business Transfers. As we develop our businesses, we might sell or buy businesses or assets.
In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar
event, the Information may be part of the transferred assets.
Legal Requirements. To the extent permitted by law, we may also disclose the Information: (i)
when required by law, court order, or other government or law enforcement authority or
regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or
advisable, for example, to protect the rights, property, or safety of 4D Motion or others.
We will share a Student’s Personal Information and Motion Data with the Student’s Instructor. Instructors
will be able to share a Student’s Motion Data with another Student in a manner such that it identifies the
Student with the Student’s initials. Each Student will have access to their Motion Data and the Motion
Data of any other Student that was shared with them by their Instructor.
If you are a Student, we will share your Motion Data with Notch and Notch will use your Motion Data
solely: (i) to facilitate the provision of updates and other services to us; (ii) to verify our compliance, and
enforce the terms of our agreement with Notch; (iii) to improve the technology and components provided
by Notch to us; (iv) to improve Notch products; and (v) for any other internal business purposes set out in
Accessing and Modifying Information and Communication Preferences
You may access, remove, review, and/or make changes to your Personal Information by following the
instructions found on the App. In addition, you may manage your receipt of marketing and non-
transactional communications by clicking on the “unsubscribe” link located on the bottom of any 4D
Motion marketing e-mail. We will use commercially reasonable efforts to process such requests in a
timely manner. You should be aware, however, that it is not always possible to completely remove or
modify information in our databases.
How We Protect the Information
We take reasonable steps to protect the Information from loss, misuse, and unauthorized access,
disclosure, alteration, or destruction. Please understand, however, that no security system is
impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the
Information that you supply will not be intercepted while being transmitted to and from us over the
Internet. In particular, e-mail sent to or from the App may not be secure, and you should therefore take
special care in deciding what information you send to us via e-mail.
Important Notices to Non-U.S. Residents
The App and its servers are operated in the United States. Please be aware that your Information,
including your Personal Information, may be transferred to, processed, maintained, and used on
computers, servers, and systems located outside of your state, province, country, or other governmental
jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are
located outside the United States and choose to use the App, you hereby irrevocably and unconditionally
consent to such transfer, processing, and use in the United States.
The App may contain links to third-party websites. 4D Motion has no control over the privacy practices
or the content of these websites. As such, we are not responsible for the content or the privacy policies of
when visiting any other websites.
We do not knowingly collect Personal Information from children under the age of 13 through the App. If
you are under 13, please do not give us any Personal Information. We encourage parents and legal
their children never to provide Personal Information through the App without their permission. If you
have reason to believe that a child under the age of 13 has provided Personal Information to us, please
contact us, and we will endeavor to delete that information from our databases.
Under California Civil Code Section 1798.83, California residents who have an established business
relationship with 4D Motion may choose to opt out of our sharing your Personal Information with third
parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2)
you wish to request certain information regarding our disclosure of your Personal Information to third
parties for the direct marketing purposes, please contact us as set forth below.
SSAM Sports, Inc.
2 Myrtle Ave, Unit 599
Allendale, NJ 07401
In addition, 4D Motion does not monitor, recognize, nor honor any opt-out nor track mechanisms,
including general web browser “Do Not Track” settings and/or signals.
How to Contact Us
SSAM Sports, Inc.
2 Myrtle Ave, Unit 599
Allendale, NJ 07401