PRIVACY POLICY

Last Updated: February 2023

We at SSAM Sports, Inc. d/b/a 4D Motion Sports (“4D Motion,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared.  This Privacy Policy relates to the information collection and use practices of 4D Motion in connection with the App.

The terms of this Privacy Policy are incorporated by referenced in the End User License Agreement that you accept upon registering to use the App (the “EULA”).  By accepting the EULA you accept the terms of this Privacy Policy. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

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 information voluntarily.

  1. 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 Personal Information.

  1. 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.

  1. 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 include:

  1. 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.
  2. 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.
  3. Third-Party Analytics. We use third-party analytics services (such as Mixpanel or Sentry) 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 Internet usage.  These third parties use cookies and other technologies to help analyze and provide us the data.  By accessing and using the App, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

For more information on Mixpanel, including their privacy policy, please visit https://mixpanel.com.  For more information on Sentry, including their privacy policy, please visit https://sentry.io.  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 partners.

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 using our older Gen 2 system, 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 Notch’s privacy policy available at https://wearnotch.com/privacy_policy.

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.

Retention of Personal Data

We retain personal data for as long as necessary to provide the products you have requested, comply with our legal obligations, and other legitimate and lawful business purposes. These needs can vary for different information types. Accordingly, our actual retention periods can vary significantly.  When we have no ongoing legitimate business need or legal reason to process your personal information, we will either delete or anonymize it.

You can delete your account at any time.  Account deletion removes your Personal Information from the app and our server permanently. You won’t be able to log in to your account and access the activities and features of the app, as well as your past motion capture data.

To delete your account, follow these steps:

  • Go to the Home screen, and select your account.
  • On the My Profile screen, tap the pencil icon next to your name.
  • On the Profile screen, scroll down to Delete account.

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.

External Websites

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 those third-party websites.  You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Children

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 guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing 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.

California Residents 

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.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy.  We may change this Privacy Policy from time to time with or without notice to you.  In any event, you will be required to affirmatively accept the revised Privacy Policy prior to next logging-in to your account.

How to Contact Us

If you have questions about this Privacy Policy, please contact 4D Motion via e-mail at info@4dmotionsports.com with “PRIVACY POLICY” in the subject line.  You may also write to us at:

SSAM Sports, Inc.
2 Myrtle Ave, Unit 599
Allendale, NJ  07401