Terms, Conditions and Privacy Policy

MoveMentor Terms of Use

The MoveMentor Program has been developed by Central Queensland University (CQUniversity) Australia with the purpose of conducting academic research that will examine the effectiveness of the program to increase physical activity, as well as assess the attraction, engagement and retention of the program both in controlled trial and real-world conditions.  The funding to develop the program was contributed by the National Health and Medical Research Council, Australian Research Council and National Heart Foundation (“Funding Agencies”). The delivery of the MoveMentor Program (“the Program”) is through the Mobile App (“the Mobile App”), and communication with Registered Users of the Program, which may include but is not limited to mobile app notifications, in-app chat conversations, emails, phone calls (if a phone number is supplied), social media communication and web-based or paper surveys (“Communication”).

These Terms of Use govern access to and use of the Program including the Mobile App, the services on or in connection with them, and the images, photos, information, video, graphics, software, reinforcement learning algorithms, text, creative suggestions, and other materials contained within the Mobile App and/or Communication that are protected by intellectual property or proprietary rights.

By using the Program, including the Mobile App, you agree to be legally bound and to abide by these Terms of Use, just as if you had signed an agreement containing these Terms of Use. You are also consenting to your use of the Program and de-identified data you enter or supply to the Program (such as physical activity data) to be used by CQUniversity, and its third party research partners (including the Funding Agencies) for academic research and health promotion purposes. If you do not agree with, and consent to, these Terms of Use you should not continue to use the Program. If it is suspected or found that you are in breach of these Terms of Use, we may suspend, cancel or terminate your access to the Program in addition to any other legal rights we may have.

Participation in the Program is at your own risk and CQUniversity does not provide any representations, guarantees or warranties in this regard. We cannot advise you in relation to your individual risks specific to you and you should seek your own independent advice, however generally we consider that the risks likely in participating in the Program are ordinarily minimal and may predominantly include any inconvenience and time incurred while using and participating in the Program.

Program Purpose

The purpose of the Program is to help adults increase their daily physical activity with the use of an activity tracker in conjunction with the Mobile App. The delivery of the Program via the Mobile App and associated Communication aims to allow the physical activity resources of the Program to be disseminated and made available for use by individuals. An important part of the Program is to investigate the uptake and use of the Program in order to help inform future upgrades, inform health promotion knowledge and research, and inform health promotion activities. If you are using MoveMentor as part of a distinct research project conducted by CQUniversity, the Program will be  delivered with the approval of the CQUniversity Human Research Ethics Committee, and you will receive more information about this before deciding whether to provide consent to participate in the research project.

The information delivered by the Program, including via the Mobile App and via Communication is designed to support, not replace, the relationship that exists between a patient/Program visitor and their physician. If you have a chronic health condition, it is recommended that you consult your health professional or General Practitioner before commencing the Program and seek specific physical activity advice from them relating to your personal health conditions.

Privacy Policy

While all data gathered by the Program will be used for academic research purposes (to assess the effectiveness of the Program in controlled and real-world conditions), the Program developers are committed to protecting user privacy. MoveMentor staff understand and appreciate that visitors and users of the Program are concerned about their privacy and the confidentiality and security of any information that may be provided to the Program.

The MoveMentor Program at CQUniversity complies with all relevant Australian privacy laws including the Information Privacy Act 2009 (Qld) and the Privacy Act 1988 (Cth) and your data will be securely stored in accordance with CQUniversity’s Code of Conduct for Research Policy. We have a strict privacy policy whereby any personal information that is collected (including details during registration) will not be disclosed to third parties apart from as outlined in these Terms of Use, including the Program Purpose, or as required for any necessary Human Research Ethics approvals, and/or will first be de-identified. The Program, including the Mobile App, is designed to track all on-site and on-app activity, however data obtained via the Mobile App is confidential and will only be used for delivery of the program functionality, improvement of the Program, academic research and health promotion purposes and not be disclosed to any third parties except as already described above. Program activity, including that on the Mobile App, and information collected including overall dashboard data may be used for improvement of the Program, to inform health promotion knowledge and research and inform health promotion activities, however no personal information will be disclosed in research or health promotion to third parties outside the Program without your prior consent or without first being deidentified and anonymised.

MoveMentor stores its user and step data on a secure server in Sydney, Australia. By providing your personal information to the Program you acknowledge and consent to storage on that secure server which is subject to the privacy and disclosure laws of Australia.

Information we collect from you

When you visit the Mobile App, we may collect information in the following ways:

To access and use the Program, you will be required to sign up as a member (“Registered User”) and provide MoveMentor with some personal details. This personal information will need to be entered during the onboarding / sign up process. The mandatory information includes preferred name, month and year of birth, gender, height, weight and email address. In addition, MoveMentor will ask you for optional information which includes your home and work locations, access to outdoor and indoor physical activity options around your home and work, personal barriers preventing you from becoming more active and other personal information that will allow MoveMentor to provide customised recommendations. This information will be stored in the Program database and used as per the Why we collect this information section detailed below and Privacy Policy.

By registering to MoveMentor you give the Program permission to use your information within our database for the purposes outlined in the Program Purpose. Registered Users can request for their account to be deactivated or deleted at anytime. Please see the Account Deactivation and Account Deletion sections for more information.

Other usage and engagement data entered and logged by Registered Users while using the Program will be recorded and stored in the Program’s database and Analytics.

Information we get from your use of the Mobile App

When you use the Mobile App, our analytics providers make a record of your visit and log analytical information for statistical purposes only, including IP address, type of device, operating system and browser, date and time of visit, previous site visited, pages accessed and documents downloaded, and visiting country where you are accessing from.

When you choose to use the OAuth process to authorise connection from your Fitbit, Apple Health or Health Connect (Android) to sync with your MoveMentor account, only the profile and health data you authorise to be provided by the service is transferred from your Fitbit, Apple Health or Health Connect (Android) account to your MoveMentor account. MoveMentor has no control over the data these third-party services include when this data is requested, including what data is included, when it is transferred, and the format/accuracy of the data.

The use of information received from third party service providers (e.g., Fitbit) are to adhere to any relevant policies of the third party service provider.  To the full extent permitted by law, we exclude liability for any breach of such policies or for any claim arising from or in connection with your request to connect your MoveMentor account with your third-party service provider, including but not limited to Fitbit, Apple Health and Health Connect (Android).

From time-to-time CQUniversity may ask Registered Users to provide feedback on the Mobile App’s usability and effectiveness. This feedback will be collected via online surveys. When completing a survey on, your MoveMentor user ID and data may be linked to your survey response to allow for identification and follow up if needed. The linked data will only be accessed by the CQUniversity MoveMentor research team.  Surveys are voluntary and by participating in them you consent to this collection and use of information.

Why we collect this information

Personal information and usage data is stored to allow Registered Users to track and monitor their physical activity over time and can only be accessed by the Registered User who entered the information, by MoveMentor staff working to assist the Registered User or by CQUniversity’s authorised personnel and partners to analyse data for academic research and health promotion purposes. The information is also collected to improve the functionality of MoveMentor. The effectiveness of the MoveMentor app is determined by knowing each user and offering personalised recommendations to increase physical activity. The performance of MoveMentor will be limited by the information it receives.

How we contact you

The MoveMentor Program has been designed to assist and motivate individuals in making positive behaviour changes. From time to time, as new research and evidence evolves, the forms of Communication by which you are contacted by the Program may also evolve and these Terms of Use may also be updated accordingly.

Emails

By signing up to the Program and providing an email address, Registered Users consent to receiving emails which directly relate to the use of the Program (e.g., system e-mails for account verification, program feedback invitations to participate in optional research directly related to the Program)

Reporting suspicious email contact

It is not a requirement of using the Program to report suspicious phone or email contact to MoveMentor Staff. However, we rely on reports to investigate these matters and ask that Registered Users contact us immediately if they suspect that they have been contacted by someone impersonating MoveMentor or using Program data or information for the purpose of spam, commercial marketing, or other dishonest or disingenuous behaviour like blackmail or extortion.

Disconnecting 3rd Party Devices from the Program

If you have chosen to connect your physical activity tracking device, you may be able to withdraw access to the third-party connection at any time via your device’s connection settings. You can also disconnect connection to Fitbit, Apple Health and Health Connect (Android) via the Mobile App but this may not remove permissions on your third-party device.  It is your responsibility to remove any such permissions on your third-party device or to contact your third-party device provider about this.

By deauthorising the Program from accessing your third-party device, you acknowledge that you understand the Program will no longer be able to receive new data from your device after deauthorisation or disconnection. The Program does not have access to your third-party device settings and cannot add or remove these permissions on your behalf. Please contact your third-party device provider to find out more about connection settings and authorisation available on your device.

Existing data that has already been received and stored by the Program cannot be removed by deactivating a connection with a third-party device. Registered users can request that their data be anonymised during account deactivation.

Account Deactivation

You may stop using the Program at any time with no penalty. Accounts can be temporarily made inactive by contacting the MoveMentor team by e-mail. Deactivating an account means that the Registered User will no longer be able to log in to the Program and the Registered User will be marked in our database as inactive. Deactivating an account retains the activity history and app interactions. Account deactivation is intended to be temporary, and Registered Users may re-join the Program later and/or continue to use the existing account if preferred for as long as the Program is available to the public. Neither the Program, CQUniversity, nor any of the Funding Agencies, make any guarantees about the ongoing availability of any deactivated account or the Program.

Account Deletion

Accounts can be marked for deletion by contacting the MoveMentor team by e-mail or through requesting account deletion in the MoveMentor Mobile App. By requesting account deletion, the Registered User will be permanently logged out of the Mobile App and the Registered User and their account marked for deletion in the database, subject to the below retention of data for academic research.

Our team will permanently de-identify personal account information provided during sign up, while retaining de-identified data as obligated by the Australian research Funding Agencies. Personal data that has been used to train the reinforcement learning algorithm of the Program cannot be deleted but is de-identified and not linked to the deleted account of the Registered User.

Account deletion is permanent and once actioned, Registered User accounts are not able to be recovered by the Registered User or the MoveMentor Project Team. This means that the Registered User’s account cannot be re-activated, and activity history, in-app interactions, and other information provided is not able to be retrieved. Registered Users may instead choose to deactivate their account or can re-join the MoveMentor Program later by creating a new MoveMentor account.

Your Responsibilities

As a Registered User you are responsible for maintaining the integrity of the ways that you access the Program. This includes your email address and your password. Your email and password are for your use only in the Program. By using the Program, you agree that you will not let anyone else use or access your email and/or your password for the Program and that you cannot transfer your Program account to anyone else.

The use of non-personal emails or usernames for individual MoveMentor accounts is not recommended. This includes generic and shared inboxes that are available to staff and are not restricted to personal usage only, including those that are shared over time as part of a role, even where one individual ordinarily maintains and accesses the inbox.

This includes but is not limited to generic Support, HR, People and Culture, Contact-Us, OHS, Wellbeing, workplace, and other types of shared mailboxes, including but not limited to “family” inboxes or email redirections. By using our Program, with a non-personal, shared, or generic inbox to create an individual MoveMentor account it may result in difficulty accessing the program and storing data that you have entered.

By using the MoveMentor Program, you acknowledge that MoveMentor staff may from time-to-time at our discretion contact Registered Users directly via email or other means to verify the individual or personal nature of email addresses that have been used to create individual MoveMentor accounts.

Where the personal or individual nature of a Registered User account’s email cannot be verified, action may be taken to limit access to log-in and/or access data for the account on the Program, including but not limited to personal information, activity history and in-app interactions. This action may also include suspension, cancellation or deactivation of the account at our discretion.

You are responsible for keeping your password private and confidential. If anyone logs into the Program using your email and/or your username and your password, you will be responsible for all entries and communications made using your account. The Program cannot guarantee that account actions taken by others on your behalf, with or without your permission, will be able to be reverted.

When visiting the Program you can access your personal account information that is held within your MoveMentor account. If that information is incorrect, it can be updated through your account in the Mobile App or by contacting MoveMentor project staff. Neither the Program, CQUniversity nor any other party will be responsible or liable to you or anyone else for any damage, injury, cost or expense related to any kind of material found on the Mobile App or any Communication.

Honesty and Integrity

MoveMentor Registered Users should take all necessary measures to record their physical activity honestly and accurately. MoveMentor staff may from time-to-time contact Registered Users directly via email to verify the accuracy of their reported physical activity, including but not limited to where there is suspected false or fraudulent activity. Where accuracy cannot be verified, action will be taken as necessary to ensure the integrity of the Program.

Notifications

MoveMentor Registered Users are asked to allow notifications from their smartphone operating system. Notifications may include alerts, sounds and icon badges. Notifications are an essential part of the MoveMentor Program. Users can edit or withdraw permission for notifications at any time through their smart phone settings. However, Registered Users should be aware that doing this will block an essential part of the MoveMentor Program, and as such it may be less effective in providing support to be physically active.

In-app chat and conversations

MoveMentor Registered Users will interact with the MoveMentor Mobile App through a dedicated chat screen. The chat screen will house notifications previously sent by MoveMentor, app initiated “conversations” and user initiated “Q&As”. App initiated conversations are guided educational interactions with Registered Users on a number of set topics. Q&As are questions asked by the Registered User, with answers provided by MoveMentor. The answers to a range of anticipated questions will be predetermined by the MoveMentor team.

Generative AI

If a Registered User asks a question that wasn’t anticipated by MoveMentor, the question will be sent to PaLM2, Google’s machine learning and AI natural language generation model. To generate the best answer, additional contextual information will be sent to PalM2. This will include previous conversations, user’s nominated username, recent tracker activity, local weather and other information provided during the usage of the app. The answer will be generated by the PaLM2 algorithms. While the aim is to provide helpful answers in relation to physical activity questions, ultimately the Program has no control over the actual content that is generated. Neither the Program, CQUniversity, nor the Funding Agencies will be responsible or liable to you or anyone else for any damage, injury, cost or expense related to any of the responses generated by the PaLM2 algorithms.

Links

The links offered from the Program are provided for the interest of users only. The links have been added because the content may offer appropriate information associated with the Program Purpose.

Provision of these links does not constitute endorsement, non-endorsement or support by the MoveMentor Program, the Funding Agencies, or CQ University for the information, products, services or persons associated with the related sites.  No representations, guarantees or warranties are made by the Program, CQUniversity or the Funding Agencies in connection with the links or contents of the links.

The content found by using these links is not created, controlled or approved by the Program and no responsibility is taken for the consequences of viewing or using such content.

Advertising

The MoveMentor Program does not host or receive funding from advertising or from the display of any commercial content, including but not limited to the Mobile App or any Communication. There may be occasions where the Program recognises organisations and their websites for their participation in the Program or for support through donation of prizes.

Recognition of participation or engagement with the Program by these organisations or third parties does not constitute endorsement, non-endorsement or support by the Program, the Funding Agencies or CQUniversity Australia for the information, products, services or persons associated with the related organisations or websites.

Disclaimer

The materials presented on the Mobile App, and Communications by MoveMentor are distributed by the MoveMentor team based at CQUniversity and are presented as an information source only. The information is provided solely on the basis that readers will be responsible for making their own assessment of the matters presented therein and independently verifying all relevant representations, statements and information. The information does not constitute professional advice and should not be relied upon as such. Formal advice from a medical practitioner or health-care professional should be sought in individual matters, particularly in relation to health conditions.

MoveMentor and CQUniversity do not warrant that it will provide continuous or uninterrupted access to the Program, including via the Mobile App, Communication, or any websites linked to any of them.

Despite best efforts, the Program makes no warranties that the information delivered by the Program is free of infection by computer viruses or other contamination. To the maximum extent permitted by law, the Program, CQUniversity, Program Partners and Funding Agencies make no representations or warranties in connection with data and will not be liable for any loss of data.

Your use of the Program including any content, other information or materials provided on or through the Program, the Mobile App or Communication is entirely at your own risk.

To the maximum extent permitted by law, in no event shall MoveMentor, its Funding Agencies, CQUniversity or any third parties be liable (including liability for negligence) for any loss, damages (including without limitation, direct, indirect, punitive, special or consequential), liabilities, costs or expenses whatsoever arising out of a person's use of, access to or inability to use or access the Program, the Mobile App, Communication, any Registered User’s account or data, or any links from or to the Program.

The MoveMentor Program is subject to funding and resourcing to maintain public access. The Program will be available to the public for as long as it is funded and has the resources to do so, or unless the CQUniversity or the Funding Agencies decide to discontinue the Program at any time for any reason.

We are here for you

If you have any question or queries about the Terms, Conditions and Privacy Policy, please contact us. If you wish to save, store or email the Terms, Conditions and Privacy Policy you have consented to, we recommend using your web browser’s print function. If you wish to receive a pdf version of the Terms, Conditions and Privacy Policy, please e-mail us.

Last updated: October 2023