Terms of Service
Last updated: March 3, 2022
INFORMATION WE COLLECT AND HOW WE USE IT.
In order to provide our full range of services, we may collect the following types of information:
Information you provide – When you provide us your email address, sign up for a MOTIV account or other MOTIV service or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). For certain services, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other MOTIV services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
Log information – When you access MOTIV services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User communications – When you send email or other communications to MOTIV, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. When you call Motiv, we may announce that we record calls for training purposes.
Links – MOTIV may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.
- Providing our services to users, including the display of customized content and advertising;
- Auditing, research and analysis in order to maintain, protect and improve our services;
- Ensuring the technical functioning of our network; and
- Developing new services.
You can find more information about how we process personal information by referring to the supplementary privacy notices for particular services.
MOTIV processes personal information on our servers in the United States of America. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.
CHOICES FOR PERSONAL INFORMATION
When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some MOTIV features and services may not function properly if your cookies are disabled.
MOTIV only shares personal information with other companies or individuals outside of MOTIV in the following limited circumstances:
- We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
- We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of MOTIV, its users or the public as required or permitted by law.
We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular term, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.
Please contact us for any additional questions about the management or use of personal data.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to MOTIV employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
ACCESSING AND UPDATING PERSONAL INFORMATION
When you use MOTIV services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users? personal information. We provide the details for these procedures in the specific privacy notices or FAQs for these services.
This statement makes additional disclosures to California residents (i.e., “consumers”), and describes rights they have, under the California Consumer Privacy Act of 2018, as amended.(the “CCPA”). You can learn more about the CCPA here: https://oag.ca.gov/privacy/ccpa
Collection Of Personal Information
The CCPA requires a description of Personal Information collected using certain categories. The categories of Personal Information we have collected about consumers in the past 12 months are listed below. For each category, we have collected one or more of the examples listed:
Real name, signature, alias, address, telephone number, email address, Internet Protocol address, device identifier, browser cookies, web beacon, pixel tag, mobile ad identifier, other unique personal identifier, online identifier, account name, Social Security number, driver’s license or state ID number, passport number, insurance policy number, physical characteristics or description, or other similar identifiers.
Bank account number, credit card number, debit card number, or any other financial information (payment card information is processed on our behalf by a trusted payment processor)
Protected Classification Information
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, or comments or other content you send to us over the internet.
Physical location or movements
Audio, electronic, visual, thermal, olfactory, or similar information.
Professional or Employment-Related Information
Current or past job history or performance evaluations.
Inferences Drawn From Other Personal Information.
Inferences about your preferences, characteristics, attitudes or behavior.
Sale Or Disclosure of Personal Information
We do not sell consumers’ personal information.
Within the past 12 months, we disclosed the following categories of Personal Information for a business purpose (to the categories of recipients listed):
- Identifiers (to vendors)
- Financial Information (to vendors)
- Commercial Information (to vendors)
- Internet Activity (to vendors)
Your Rights As a Californian
California residents have the right to make the following requests to covered businesses. The requests may be made by a consumer, by a consumer on behalf of the consumer’s minor child, or by a person authorized by the consumer to act on the consumer’s behalf.
Right To Request Information About Collection, Disclosure or Sale of Personal Information
You have the right to request that a business disclose to you: (i) the categories and specific pieces of Personal Information the business has collected about you within the past 12 months, (ii) the categories of sources from which the Personal Information is collected, (iii) the business or commercial purposes for collecting or selling Personal Information, and (iv) the categories of third parties with whom the business shares Personal Information.
If a business sells Personal Information, or discloses it for a business purpose, you also have the right to request that the business disclose the following with respect to the 12-month period preceding your request: (i) the categories of Personal Information that the business sold about you and the categories of third parties to whom the Personal Information was sold, and (ii) the categories of Personal Information that the business disclosed about you for a business purpose.
This type of request may be referred to as a “Request to Know.” Before we can honor a Request to Know, we need to verify that the person making it is the consumer whose Personal Information we have. Our method for verifying any particular request weighs information we receive as part of the request, the sensitivity of the consumer information at issue, and the risk of harm to the consumer from unauthorized disclosure.
Right to Request Deletion of Personal Information
You have the right to request that a business delete any Personal Information that the business has collected from you. This type of request may be referred to as a “Request to Delete.”
Before we can honor a Request to Delete, we need to verify that the person making the request is the consumer whose Personal Information we have. Our method for verifying any particular request weighs information we receive as part of the request, the sensitivity of the consumer information at issue, and the risk of harm to the consumer from unauthorized deletion.
We are not required to delete Personal Information if we still need it in order to complete the transaction for which the information was collected, provide a good or service requested by you (or that we reasonably anticipate based on our relationship with you), perform a contract with you, comply with a legal obligation, enable internal uses that are consistent with the context in which you provided the information, or accomplish any other objective recognized as an exception to the right to deletion under applicable law.
Right to Opt-Out of the Sale of Personal Information
You have the right to direct a business that sells Personal Information about you to third parties not to sell your Personal Information. This type of request may be referred to as a “Request to Opt-Out.”
Because we do not sell consumers’ Personal Information, we do not offer an opt-out mechanism.
Right to Non-Discrimination
You have the right not to receive discriminatory treatment by a business for the exercise of your privacy rights under the CCPA.
How to Submit a Request To “Know” or “Delete”
You can submit a Request to Know or Delete to email@example.com. Requests must state “CCPA Request to Know” and include:
- your first and last name;
- an email address at which you can be reached for purposes of the request;
- the California county in which you reside;
- for a Request to Know, the disclosure(s) you are requesting;
- for a Request to Delete, a clear statement that you want us to delete your Personal Information; and
- the reason(s) you believe we have collected, disclosed or sold your Personal Information, specifically, within the past 12 months (for example, you purchased a product or received a communication from us)
If you are submitting a request on behalf of another consumer as their authorized representative, you must include the foregoing information about the consumer and attach a copy of a power of attorney appointing you as a duly authorized representative under California Probate Code sections 4000 to 4465 or written permission from the consumer to make the request.
After confirming receipt of your request, we’ll contact you if we need more information in order to verify it. If we can’t verify a request, we may deny it.
Please note all purchases are final. If you have a problem with your order please contact us.