Privacy policy

This Privacy Policy explains how Capability in Motion, LLC doing business as Capability in Motion (“Capability in Motion,” “CIM,” “we,” “us,” or “our”), collects, uses, processes, discloses, stores, and protects information in connection with our website, client and family portals, trainer and community portals, mobile or web applications, personal fitness services, scheduling, communications, artificial-intelligence and automated features, payment services, and related services (collectively, the “Services”).

Capability in Motion is an Illinois personal fitness business, not a healthcare provider. However, clients may voluntarily provide medical, medication, mobility, fall, cognitive, physical-condition, and other health-related information so that trainers can appropriately plan non-medical fitness services. Illinois law expressly treats certain medical information supplied to a website or mobile application as “medical information” for purposes of the Illinois Personal Information Protection Act (“PIPA”), 815 ILCS 530.

This Policy should be read together with our Terms and Conditions and any applicable client consent, family-access authorization, photo authorization, fitness participation agreement, or other specific authorization. Where a specific authorization provides greater privacy protection or more specific instructions, we will follow that authorization to the extent required by law.

1. INFORMATION WE COLLECT

Depending on how you interact with Capability in Motion, we may collect information directly from you, from an authorized family member or representative, from a trainer or staff member, from a senior living community or fitness facility, from a healthcare professional when authorized, automatically through our technology, or from service providers supporting the Services.

Categories may include identity and contact information; account and authentication information; scheduling and service information; billing and transaction information; fitness information; client-reported health information; medication and medical-history information; fall and hospitalization information; mobility and limitation information; trainer observations; communications; photographs when authorized; facility and community information; device, browser, log, and security information; location or check-in information when enabled; consent and authorization records; and information generated or organized through AI-assisted features.

2. CLIENT-REPORTED HEALTH AND MEDICAL INFORMATION

Clients or authorized persons may voluntarily provide information concerning medical history, diagnoses, medications, medication changes, surgeries, hospitalizations, injuries, falls, near-falls, pain, fatigue, dizziness, weakness, mobility aids, physician or therapy restrictions, neurological or cognitive conditions, and other information relevant to fitness participation.

Capability in Motion collects this information for non-medical fitness planning, safety, communication, documentation, and administration. Collection of health-related information does not make Capability in Motion a healthcare provider and does not mean that Capability in Motion has independently verified the information.

Under Illinois PIPA, “medical information” includes information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a healthcare professional, including such information supplied to a website or mobile application. We therefore treat identifiable medical information as sensitive personal information and apply appropriate safeguards.

3. TRAINER OBSERVATIONS AND FITNESS DATA

Trainers may record non-clinical observations and fitness information such as exercises performed, repetitions, resistance, walking distance or duration, balance duration, assistance or cueing required, perceived exertion, participation, client-reported pain or fatigue, and other information relevant to the fitness session.

Trainer observations are non-clinical fitness observations. They may be subjective and are not medical diagnoses, clinical assessments, or healthcare records merely because they concern a client's condition or functioning.

4. HOW WE USE INFORMATION

We may use information to provide and personalize fitness Services; establish and manage accounts; schedule and document sessions; assign trainers; prepare and adjust fitness programming; communicate with clients and authorized family members; provide progress information; operate family, trainer, facility, and administrative portals; process payments; manage packages and subscriptions; maintain consents and documents; respond to inquiries; investigate security issues; prevent fraud or misuse; improve our Services; maintain audit and operational records; comply with legal obligations; and support the AI and automated functions described below.

We do not use client health information to diagnose, treat, prescribe for, or medically monitor clients.

5. ARTIFICIAL INTELLIGENCE AND AUTOMATED PROCESSING

Capability in Motion uses or may use artificial intelligence, algorithms, automated analysis, and related software to assist authorized users.

Depending on the feature, AI may help organize intake information; standardize or suggest data-entry values; prepare draft fitness programs; suggest exercise alternatives; provide exercise coaching information to trainers; identify information that may warrant trainer review before exercise; summarize fitness progress; identify trends; draft session summaries; assist with fitness or care alerts; organize reported health changes; and support administrative, educational, website, or content functions.

AI output is decision-support information. It is not medical advice, diagnosis, treatment, medical clearance, medication management, clinical assessment, or a substitute for human judgment.

6. INFORMATION PROCESSED BY AI SERVICE PROVIDERS

To provide AI-assisted functions, information may be transmitted to technology service providers that process information on our behalf or provide AI infrastructure or models.

Depending on the feature, information submitted for processing may include age, fitness goals, mobility information, mobility aids, physical limitations, reported conditions, reported medications, recent surgery or hospitalization information, fall history, medical-clearance status, trainer notes, session information, pain or fatigue information, fitness metrics, and other information relevant to the requested feature.

Capability in Motion seeks to limit information provided to a service provider to information reasonably relevant to the function being performed. AI-generated content may be incomplete or incorrect and should be reviewed by an authorized person where the workflow calls for human review.

Current technology vendors and subprocessors may change as our systems evolve. We may update this Policy or provide additional disclosures when a material change requires notice.

7. AI-ASSISTED INTAKE AND MEDICATION ENTRY

Our systems may suggest possible medication names, common strengths, frequencies, indications, condition names, or structured descriptions to make data entry easier. Such suggestions are reference or autocomplete information only.

We do not treat an AI suggestion as an established fact about a client unless it is selected, entered, or confirmed by the client or another authorized source. AI does not prescribe, recommend, change, or verify medication.

8. AI-ASSISTED FITNESS PLANS, SAFETY SIGNALS, AND REPORTS

Authorized trainers or personnel may use AI-assisted tools to prepare draft fitness programs, exercise instructions, fitness-safety review signals, progress summaries, and session reports.

These functions may analyze information available in the client's fitness record. Automated classifications or alerts are intended to bring information to a trainer's attention and do not constitute medical determinations. Where a feature is designed for trainer review, the trainer remains responsible for reviewing, modifying, accepting, or rejecting the output.

9. FAMILY AND AUTHORIZED REPRESENTATIVE ACCESS

A client may authorize designated family members, caregivers, agents, guardians, or other persons to receive or access selected information.

Depending on the authorization and system configuration, accessible information may include schedules, session status, reports, fitness progress, trainer observations, photographs, reported falls, reported changes, alerts, and messages.

We rely on the client's authorization or the legal authority of a representative when providing such access. Clients or legally authorized representatives should promptly tell us when access should be changed or revoked. Revocation will apply prospectively, subject to legal and operational record-retention requirements.

10. HEALTHCARE PROFESSIONALS

With appropriate authorization or another lawful basis, we may receive information from or disclose fitness-related information to a physician, physical therapist, occupational therapist, or other healthcare professional.

Capability in Motion does not become a healthcare provider merely because it receives medical information or communicates with a healthcare professional. We do not represent that Capability in Motion is a HIPAA covered entity merely because health-related information is maintained in our systems. If a particular relationship or transaction is subject to HIPAA or another specific health-privacy obligation, we will handle that information as required by the applicable law and agreement.

11. SENIOR LIVING COMMUNITIES, FITNESS FACILITIES, AND OTHER LOCATIONS

We may coordinate Services with senior living communities, participating fitness facilities, or other locations. Depending on the arrangement and applicable authorization, we may share scheduling, participation, operational, billing, or fitness-related information with authorized representatives of those organizations.

We do not provide an organization unrestricted access to a client's information merely because Services occur at that location. Access is subject to role, authorization, contractual requirements, system permissions, and applicable law.

12. SERVICE PROVIDERS AND VENDORS

We may disclose information to service providers that perform functions for us, such as hosting, cloud storage, databases, authentication, security, email, messaging, payment processing, calendars, mapping, analytics, artificial intelligence, document management, customer support, and push notifications.

We expect service providers handling personal information on our behalf to use it for authorized purposes and to provide protections appropriate to the nature of the information and applicable law.

We may also disclose information to professional advisers, insurers, auditors, accountants, or legal counsel when reasonably necessary and lawful.

13. PAYMENTS

Payments may be processed by third-party payment processors. Capability in Motion generally does not need to store complete payment-card numbers when a payment processor handles the transaction.

We may retain transaction information such as amount, date, package, payment status, refunds, credits, processor identifiers, and other information necessary for billing and accounting.

14. ELECTRONIC COMMUNICATIONS

We may use email, text messaging, portal messages, push notifications, or telephone communications for scheduling, reports, alerts, account activity, billing, family access, service updates, and other operational purposes.

Electronic communications can be delayed, intercepted, misdirected, or accessed by persons with access to the receiving device or account. Users should select communication methods appropriate to their circumstances and protect their devices and credentials.

Our messaging systems are not emergency medical systems.

15. PHOTOGRAPHS AND MEDIA

We may collect photographs connected with fitness sessions or reports only as permitted by applicable consent and our practices.

Ordinary photographs are not biometric identifiers under the Illinois Biometric Information Privacy Act (“BIPA”) merely because they are photographs. We do not intend to use ordinary photographs, ordinary video, physical descriptions, or fitness measurements for biometric identification.

Public advertising, testimonials, social-media use, case studies, or other promotional use of identifiable client photographs will be subject to any separate authorization required by law or our policies.

16. ILLINOIS BIOMETRIC INFORMATION PRIVACY ACT

Capability in Motion does not currently intend ordinary operation of the Services to require collection of fingerprints, retina or iris scans, voiceprints, scans of hand geometry, scans of face geometry, or other biometric identifiers as defined by BIPA.

If we introduce a feature that collects or uses biometric identifiers or biometric information governed by BIPA, we will implement a separate written policy and the notices, written release or consent, retention schedule, destruction requirements, disclosure restrictions, and security measures required by Illinois law before collecting or using such information.

This Privacy Policy by itself is not consent to collect biometric identifiers or biometric information where Illinois law requires a written release.

17. LOCATION AND CHECK-IN INFORMATION

When enabled and permitted, our systems may collect or record location-related information associated with trainer check-in, check-out, service verification, travel, scheduling, timesheets, security, or other legitimate operational functions.

The precision and duration of location collection depend on the feature and device permissions. We do not intend trainer or client location information to be used for unrelated surveillance or advertising.

Users may be able to control certain device-level location permissions, although disabling them may affect features that depend on location.

18. WEBSITE, DEVICE, AND SECURITY INFORMATION

When you use our website or portals, we or our providers may automatically collect technical information such as IP address, browser or device type, operating system, timestamps, referring pages, pages or features used, authentication events, error logs, security events, and similar diagnostic information.

We use this information to operate, secure, troubleshoot, analyze, and improve the Services.

19. COOKIES AND ANALYTICS

Our website may use cookies, local storage, pixels, analytics technologies, or similar tools to maintain sessions, remember preferences, understand website use, measure performance, prevent fraud, and improve the Services.

Where legally required, we will provide applicable choices or notices concerning non-essential technologies. Browser or device controls may also permit users to limit certain technologies.

We do not intend to use identifiable client medical information for targeted advertising.

20. MARKETING

We may use contact information to communicate about Capability in Motion services where permitted by law.

Users may opt out of marketing email or similar promotional communications using the available unsubscribe mechanism. Opting out of marketing does not prevent us from sending necessary transactional, safety, billing, scheduling, legal, or account communications.

21. WE DO NOT SELL CLIENT HEALTH INFORMATION

Capability in Motion does not sell client medical or health information for monetary consideration.

We also do not intend to disclose identifiable client medical information to data brokers or advertising networks for targeted advertising. Disclosures to service providers performing functions for Capability in Motion are made for business and operational purposes, subject to applicable agreements and law.

22. SECURITY SAFEGUARDS — ILLINOIS PIPA

Illinois PIPA requires entities that own or license personal information concerning Illinois residents to maintain reasonable security measures to protect records from unauthorized access, acquisition, destruction, use, modification, or disclosure.

Capability in Motion uses administrative, technical, and physical safeguards designed for the nature of the information we maintain. These may include role-based access controls, authentication, logging, restricted permissions, encrypted transmission or storage where appropriate, vendor controls, backups, security monitoring, and other safeguards.

No electronic system can be guaranteed to be completely secure, and we cannot promise that unauthorized access will never occur.

23. DATA BREACH NOTIFICATION

If a security incident constitutes a breach requiring notification under Illinois PIPA or another applicable law, Capability in Motion will investigate and provide legally required notices to affected persons and government authorities within the time and manner required by applicable law.

Illinois breach-notification obligations may apply to combinations of an individual's name with medical information, health-insurance information, financial-account information, certain biometric information, and to certain online account credentials.

24. DATA RETENTION

We retain information for as long as reasonably necessary for the purposes described in this Policy, including providing Services, maintaining client and fitness history, supporting authorized family access, billing, accounting, legal compliance, dispute resolution, fraud prevention, security, audit needs, and enforcement of agreements.

Different categories may have different retention periods. We may retain consent and authorization history after an authorization ends so that we can document what permissions existed at a particular time.

When information is no longer reasonably required, we may delete, de-identify, or archive it in accordance with applicable law, contractual requirements, technical limitations, and legitimate business needs.

If BIPA-covered biometric information is ever collected, it will be subject to the separate retention and destruction requirements described in our biometric policy.

25. DE-IDENTIFIED AND AGGREGATED INFORMATION

We may create aggregated or de-identified information that does not reasonably identify a particular individual and use it for analytics, service improvement, business planning, quality review, or other lawful purposes.

We will not represent information as de-identified if we reasonably intend to use it to identify a specific individual.

26. GENETIC AND BIOMARKER INFORMATION — ILLINOIS

Capability in Motion does not ordinarily request genetic testing results, genetic information, or biomarker testing information as part of personal fitness services.

Illinois provides special protections for genetic information and, under current Illinois law, certain biomarker testing and information. If such information is inadvertently provided or becomes necessary for a specific authorized purpose, we will treat it as highly sensitive and will not use or disclose it except as authorized or permitted by applicable Illinois law.

Clients should not upload genetic-testing reports or biomarker-testing records unless Capability in Motion specifically requests them for a lawful and appropriate purpose.

27. CHILDREN AND MINORS

Capability in Motion's senior fitness Services are primarily intended for adults. We do not knowingly invite children to create independent client accounts for senior fitness Services.

If Services are provided to a minor in another context, we will seek authorization from a parent, guardian, or other person as required by applicable law. If we learn that personal information was collected from a child in circumstances requiring parental consent that was not obtained, we will take appropriate steps to address it.

28. LEGAL DISCLOSURES

We may disclose information when we reasonably believe disclosure is required by applicable law, court order, subpoena, lawful government request, or legal process; is necessary to protect the rights, safety, or property of a client, another person, Capability in Motion, or the public; is necessary to investigate fraud, misuse, or security incidents; or is otherwise permitted by applicable law.

Where appropriate and legally permitted, we may seek to limit disclosure to information reasonably necessary for the request.

29. BUSINESS TRANSFERS

If Capability in Motion is involved in a merger, acquisition, financing, reorganization, sale of assets, or similar transaction, information may be disclosed or transferred as part of that transaction, subject to applicable law and appropriate confidentiality protections.

Any successor receiving personal information will be subject to applicable legal obligations concerning that information.

30. YOUR CHOICES AND REQUESTS

Depending on your relationship with Capability in Motion and applicable law, you may ask us to update inaccurate account information, change family or authorized-representative access, withdraw optional photo authorization prospectively, change communication preferences, obtain information about your account, or request deletion of certain information.

Some information cannot be deleted immediately or at all because it is needed for legal, contractual, billing, safety, audit, fraud-prevention, backup, dispute, or recordkeeping purposes.

Illinois does not currently provide a single comprehensive consumer privacy statute equivalent to some other states' general privacy laws for all information and all businesses. We nevertheless will consider reasonable privacy requests and will honor rights required by applicable law.

31. ACCOUNT SECURITY AND USER RESPONSIBILITIES

Users are responsible for maintaining the confidentiality of account credentials and for promptly notifying us if they suspect unauthorized access.

Family members, facility representatives, trainers, and other authorized users must use information only for authorized purposes and should not share or redistribute client information without appropriate authority.

32. CROSS-BORDER AND CLOUD PROCESSING

Our service providers and technology infrastructure may process or store information in locations outside Illinois and potentially outside the user's state of residence.

Regardless of processing location, we apply this Policy and applicable contractual and legal requirements to information under our control. Specific providers may maintain their own infrastructure and processing locations.

33. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy as our Services, technology, vendors, AI features, or legal obligations change.

The current version will display an effective or last-updated date. If a change materially affects how we use sensitive client information, we may provide additional notice or obtain additional authorization where required by law.

34. CONTACT US

Questions, privacy requests, or concerns may be directed to:

Capability in Motion, LLC
2735 Edgewood Lane

Riverwoods, IL 60015
Phone: {(224) 300-0095}
Email: privacy@capabilityinmotion.com 

Please do not send emergency medical requests through this contact information.

35. ILLINOIS-SPECIFIC SUMMARY

For Illinois residents, Capability in Motion recognizes that identifiable medical information provided through a website or application may qualify as personal information under the Illinois Personal Information Protection Act. We maintain reasonable security measures and will provide breach notices when required by Illinois law.

We do not treat ordinary photographs as biometric identifiers. If we later collect BIPA-covered biometric identifiers or biometric information, we will provide the separate written disclosures, release or consent, retention policy, and other protections required by Illinois law.

We do not ordinarily request genetic or biomarker testing information and will treat such information as specially protected if it is received and subject to Illinois law.

Capability in Motion uses health-related information for non-medical fitness services, safety support, documentation, authorized communications, and related operations. AI systems may assist with these functions, but AI output does not constitute medical advice or medical judgment.

 

COMMUNITY, FACILITY, AND CARE-AGENCY ACCESS

When a client lives in a senior living community, or a care agency or facility helps arrange training, staff at that community, facility, or agency see only what the client (or an authorized family member) permits: scheduled and completed visits, attendance and participation, and progress summaries. They do not see medical records, reported conditions, medications, physician or therapist details, billing, payments, or signed agreements. Community, facility, and agency access is permission-based, linked to the client account by Capability in Motion administrators, and may be reduced or revoked by the client or authorized representative at any time.