Effective date of this policy: August 20, 2021.
At Omolle, Inc. (“Omolle”), we regard our Service User’s privacy very importantly. It is Omolle’s policy to respect our User’s privacy and comply with any applicable law and regulation regarding any personal information we may collect about our Users, including via our app, MATIV, and its associated services.
This policy applies to all of our Users, whom we identify herein as “you” whether you are a casual User enjoying free Services or a serious User who subscribes to our premium Services. This page informs you of our policies regarding the collection, use and disclosure of various data, including personal when you use our Service and the choices you have associated with that data. “Service” means granting access to the website, www.mativfitness.com, operated by Omolle and the App, MATIV as well as its associated services.
Personal information is data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession). This includes information about you as a person (such as first and last name, address, email address and date of birth), your devices, payment details, and even information about how you use an app or online service.
Information We Collect
Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.
“Voluntarily provided” information refers to any information you knowingly and actively provide us when using our app and its associated services.
“Automatically collected” information refers to any information automatically sent by your device in the course of accessing our app and its associated services.
When you access our servers via our app, we may automatically log the standard data provided by your device. It may include your device’s Internet Protocol (IP) address, your device type and version, your activity within the app, time and date, and other details about your usage.
Additionally, when you encounter certain errors while using the app, we automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.
Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.
Our app may access and collect data via your device’s in-built tools, such as: Your identity, Body sensor, Order and purchase history, Location, Camera specifications, Picture files, Cellphone’s storage data, History of your Subscription to our Services, Data usage, Voice recording, Changes in audio, Notices, Inquiry history, History of visiting Omolle website, Bluetooth information and other similar data as additionally noticed.
When you install the app or use your device’s tools within the app, we request permission to access this information. The specific data we collect can depend on the individual settings of your device and the permissions you grant when you install and use the app.
We may ask for personal information — for example, when you register an account or when you contact us — which may include one or more of the following: Name, Email, Date of birth, Telephone number, Address, App user name,
“Sensitive information” or “special categories of data” is a subset of personal information that is given a higher level of protection. Examples of sensitive information include information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information, or biometric information.
The types of sensitive information that we may collect about you include: Health information, Biometric information such as height, gender, weight, feet size, age and heart beat rate.
We will not collect sensitive information about you without first obtaining your consent, and we will only use or disclose your sensitive information as permitted, required, or authorized by law.
Legitimate Reasons for Processing Your Personal Information
We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.
Collection and Use of Information
We may collect personal information from you when you do any of the following on our website: Register for an account, Use a mobile device or web browser to access our content, Contact us via email, social media, or on any similar technologies.
When you mention us on social media, we may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:
● to provide you with our app and platform’s core features and services
● to enable you to customize or personalize your experience of our website
● for analytics, market research, and business development, including to operate and improve our app, associated applications, and associated social media platforms
● to enable you to access and use our app, associated platforms, and associated social media channels
● for internal record keeping and administrative purposes
● to attribute any content (e.g. posts and comments) you submit that we publish on our website
● for technical assessment, including to operate and improve our app, associated applications, and associated social media platforms
We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, if you consent to us accessing your social media profiles, we may combine information sourced from those profiles with information received from you directly to provide you with an enhanced experience of our app and services.
Security of Your Personal Information
When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.
Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.
You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services.
For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.
How Long We Keep Your Personal Information
However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.
We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.
International Transfers of Personal Information
The personal information we collect is stored and/or processed in Korea, or where we or our partners, affiliates, and third-party providers maintain facilities.
Your Rights and Controlling Your Personal Information
Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you.
Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example serving particular content to your device), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.
Downloading of Personal Information: We provide a means for you to download the personal information you have shared through our app. Please contact us for more information.
Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.
Limits of Our Policy
Our app may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to This Policy
If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.
If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.
Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (EU)
Data Controller / Data Processor
The GDPR distinguishes between organizations that process personal information for their own purposes (known as “data controllers”) and organizations that process personal information on behalf of other organizations (known as “data processors”). We, Omolle, located at the address provided in our Contact Us section, are data controllers with respect to the personal information you provide to us.
Legal Bases for Processing Your Personal Information
We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 18 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.
Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:
● Performance of a Contract or Transaction: Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, we need technical information about your device in order to provide the essential features of our app.
● Our Legitimate Interests: Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. For example, we collect technical information about your device in order to improve and personalize your experience of our app. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.
International Transfers Outside of the European Economic Area (EEA)
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
Your Rights and Controlling Your Personal Information
Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.
Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.
Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.
Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our app, website or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your personal information within 49 days of the deletion of your account. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.
Additional Disclosures for California Compliance (US)
Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes.
Do Not Track
Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “Do Not Track” signals.
Cookies and Pixels
At all times, you may decline cookies from our site if your browser permits. Most browsers allow you to activate settings on your browser to refuse the setting of all or some cookies. Accordingly, your ability to limit cookies is based only on your browser’s capabilities.
CCPA-permitted financial incentives
In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the goods or services we provide.
Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information, and we will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
California Notice of Collection
In the past 12 months, we have collected the following categories of personal information enumerated in the California Consumer Privacy Act: Customer records, such as billing and shipping address, and credit or debit card data Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “Collection and Use of Information” section, including to provide and manage our Service.
Right to Know and Delete
If you are a California resident, you have rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
● The categories of personal information we have collected about you;
● The categories of sources from which the personal information was collected;
● The categories of personal information about you we disclosed for a business purpose or sold;
● The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
● The business or commercial purpose for collecting or selling the personal information; and
● The specific pieces of personal information we have collected about you.
Shine the Light
If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain personal information as defined by California’s “Shine the Light” with third parties and affiliates for their own direct marketing purposes.
For any questions or concerns regarding your privacy, you may contact us using the following details:
Mr. Dan Kang
Mobile App Terms of Service
These Terms of Service govern your use of MATIV, our website located at www.mativfitness.com and any related services provided by Omolle.
When you register and create an MATIV account or use MATIV, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Omolle.
If you access or download MATIV from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We, Omolle, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on August 1, 2021.
Limitations of Use
By using MATIV and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:
● modify, copy, prepare derivative works of, decompile, or reverse engineer MATIV or any materials and software contained within MATIV or on our website;
● remove any copyright or other proprietary notations from MATIV or any materials and software contained within MATIV or on our website;
● transfer MATIV or any of its associated materials to another person or “mirror” the materials on any other server;
● knowingly or negligently use MATIV or any of its associated services in a way that abuses or disrupts our networks or any other service Omolle provides;
● use MATIV or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
● use MATIV or its associated services in violation of any applicable laws or regulations;
● use MATIV to send unauthorized advertising or spam;
● harvest, collect, or gather user data without the user’s consent; or
● use MATIV or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
The intellectual property in the materials in MATIV and on our website are owned by or licensed to Omolle. You may download MATIV, to view, use, and display the application on your mobile device for your personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by Omolle at any time.
You give us permission to download and install updates to MATIV on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting MATIV from your device.
MATIV and the materials in MATIV and on our website are provided on an ‘as is’ basis. To the extent permitted by law, Omolle makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Omolle or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use MATIV, our website, or any other services provided by Omolle or the materials in MATIV, even if Omolle or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing in MATIV or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, Omolle does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in MATIV or on our website, or otherwise relating to such materials or on any resources linked to MATIV and our website.
Omolle has not reviewed all of the sites linked to MATIV or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Omolle of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Notice regarding Apple
To the extent that you are using or accessing MATIV on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Omolle only, not with Apple Inc. (Apple), and Apple is not responsible for MATIV and any materials available in MATIV.
Apple has no obligation to furnish you with any maintenance and support services with respect to MATIV.
If MATIV fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to MATIV and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to MATIV or your use of MATIV, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using MATIV, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Right to Terminate
We may suspend or terminate your MATIV account and right to use MATIV and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of California. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Acceptable Use Policy
This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products & Services”) provided by Omolle under any ongoing agreement. It’s designed to protect us, our customers, and the general community from unethical, irresponsible, and illegal activity.
Omolle customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. Note that when we suspend a customer’s account for violating this policy, the customer will not be able to use the Services and will not receive any refunds for the remainder of the subscription period. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.
This policy was last reviewed on August 1, 2021.
We provide our Products and Services with the assumption your use will be “ordinary and usual”, as per our User Guide. If your use of our Products or Services is considered to be infringing, excessive, dangerous, risky, denigrating, abusive, harming or otherwise non-compliant with the User Guide, then we may suspend and/or terminate our Services to you with or without notices or warnings.
We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products and Services with the customer’s permission. This responsibility also applies to anyone using our Products and Services on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.
By accepting Products and accessing Services from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products and Services as their end users. Complaints regarding the actions of customers or any other users will be forwarded to the registered contact for the account in question.
If a customer or anyone using our Products and Services as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Services associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no refund or credit will be available for interruptions of Services resulting from any violation of our acceptable use policy.
Copyright infringement and access to unauthorized material
The contents of our Services are copyright-protected or otherwise legally owned and/or protected whether or not explicitly warned and must not be downloaded, displayed, distributed, or copied in violation of any applicable law and in breach of any terms of the User Guide.
Unauthorized Use Of Omolle Property
We prohibit the impersonation of Omolle, the representation of a significant business relationship with Omolle, or ownership of any Omolle property (including our Products and Services and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.
About this policy
This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.
We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of: the date the customer uses our Products after we publish the revised version on our website; or 30 days after we publish the revised version on our website.