Effective date: May 4, 2022
This Privacy Policy (this “Policy“) by Motimatic, PBC. (“Motimatic“) explains the type of information we may gather or track on our site, software, or services (the “Service), how such information may be used, and with what other parties the information is or may be shared. Please also carefully review our Terms of Service available at motimatic.com (the “Terms“) that provides the terms, conditions, disclaimers, and limitations of liability governing the use of the Service. This Privacy Policy is incorporated into, and considered a part of, the Terms.
Your privacy is important to us. We understand and share your concerns about the privacy of information and Service Data you may provide to store or manage through the Service. In this Privacy Policy, we attempt to explain what we do with your information and, if applicable, how we collect it. Please read this Policy carefully as it also explains how you may verify the accuracy of any Personal Data (as defined below) we have concerning you and how you may request that we delete or update your Personal Data. By using the Service you consent to this Privacy Policy.
By submitting or making available Personal Data through the Service, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy Policy. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
We primarily store data about you, including personal data, on servers located and operated within the United States. If you reside outside of the United States, in order to provide and operate the service, we may send and store your personal data outside of the country where you reside or are located, to the United States. Therefore, our collection and use of your personal data is subject to the United States' laws related to privacy and use of personal data and information. These laws, including what is determined to be "personal data and/or information," are different and may be less protective than those applicable to you in your country of residence. By accepting the terms of this privacy policy, you acknowledge, agree and consent to (1) the transfer to and processing of personal data on servers outside of the country where you reside, (2) our collection and use of your personal data as described herein and in accordance with the laws of the United States that may be different and may be less protective than those in your country and (3) that you are taking a risk by using the service.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
We collect Personal Data and Anonymous Data from you when you visit our website and when you send us information or communications in connection with your use of the Service. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, company, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data about you that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
We may also collect non-personally identifiable information and aggregate and anonymize such information (“Aggregate Information“), for example, tracking the number of visitors to the Service, where visitors enter the Service, how long they remain, etc., in connection with the operation of the Service. Other than Personal Data you supply to us voluntarily or the Aggregate Information that may be gathered via cookies, as described in this Policy, we do not at this time collect other Personal Data in connection with your use of the Service.
We collect Personal Data from you, such as first and last name, e-mail and mailing addresses, telephone number, professional title, company name, and password, when you register for the Service. In addition, we (or our third-party credit card or payment processor on our behalf) may collect Personal Data including your credit card number or account information, if applicable. We also retain information on your behalf, such as the Personal Data described above and any correspondence. If you provide us feedback or contact us via e-mail or the Service, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us. If we conduct a survey in which you participate, we may collect additional profile information. We also collect other types of Personal Data that you provide to us voluntarily, such as operating system and version, information about your application, operating environment and hardware profiles, and other requested information if you contact us via e-mail regarding support for the Service. We may also collect Personal Data at other points in our website that state that Personal Data is being collected.
We may receive Personal Data about you from other sources like telephone or fax, or from companies that provide services (such as payment processing services) in connection with the Service (collectively, “Partner Companies“). Our Partner Companies may supply us with Personal Data, such as your name and e-mail and mailing address information, in order to help us establish the account or fulfill orders. We may add this information to the information we have already collected from you via our website in order to perform and improve the Service.
This Privacy Policy applies only to the use and disclosure of Personal Data that we collect while you use the Service. Our providing a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our website and go to another website. During this process, a third party may collect Personal Data or Anonymous Data from you.
The Service (which may be hosted by a third-party service provider) collects Personal Data from you, such as browser type, operating system, Internet Protocol (IP) address, domain name, and/or a date/time stamp for your visit. We may also use Cookies (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and/or access to the Service and the solutions and information for which you searched and which you viewed. Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our website or access your account on our network.
“Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience while using the Service. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of our website and/or the Service may not function correctly.
We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on a link to a third party.
We use your Personal Data in the following ways:
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that render the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content and functionality of the Service. We reserve the right to use for other purposes and to disclose Anonymous Data to third parties in its discretion.
If you provide feedback on the Service, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Data. We will collect any information contained in such communication and will treat the Personal Data in such communication in accordance with this Privacy Policy.
We may share your Personal Data with Partner Companies to provide technical support or to provide specific services, such as hosting of your applications, maintenance services, database management or payment processing for purchases. Partner Companies will have access to your Personal Data only to perform these services on our behalf and are obligated not to disclose or use it for any other purpose.
Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Related Entities“), we may in the future. We may share some or all of your Personal Data with these Related Entities, in which case we will require our Related Entities to honor this Privacy Policy. If another company acquires our company or our assets, that company will possess the Personal Data collected by it and us and we will use our best efforts to ensure that it will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy as and to the extent required by applicable law.
Regardless of any choices you make regarding your Personal Data (as described below), we may disclose Personal Data if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) protect or defend our or the users of Service’s rights or property.
Except as otherwise stated in this policy, we do not sell, trade, share, or rent the Personal Data collected from our services to third parties. You expressly consent to the sharing of your Personal Data as described in this policy.
We take the security of the information we collect through the Service seriously and in response implements a variety of security measures designed to reduce the risk of unauthorized disclosures and accidental destruction or loss of Service Data and to maintain the safety of your Personal Data using methods appropriate to the nature of the data and information provided to us by you.
Personal Data collected via the Service is stored on servers located in the United States, and these servers are subject to our IT security policies and procedures. To discuss the security programs, procedures and policies that we utilize to reasonably secure your Personal Data and Service Data, please contact your Company representative or contact us through the Service. We are happy to discuss our security program with you.
We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, and other information that assists us in improving the Service. We may collect and use this analytics information together with your Personal Data and stitch together session data from unauthenticated user visits with authenticated user visits to build a broader profile of our individual users so that we can serve you better.
We use Google Analytics, a web analytics service provided by Google, Inc. (“Google“). You can find out more information about how Google collects and processes the data here:www.google.com/policies/privacy/partners/.
We offer you choices regarding the collection, use, and sharing of your Personal Data. We may periodically send you free newsletters and e-mails that directly promote the use of the Service and may contain advertisements for third parties. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated e-mail preferences, we may send you notice of any updates to our Terms of Service or Privacy Policy.
You may access and change any of your Personal Data in your account by editing your profile within the registration portion of our website or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your account information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete account information, it will be deleted from the active database, but may remain in our archives.
Legal Basis
If you are from the European Economic Area (EEA), Motimatic, PBC legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
Motimatic, PBC may process your Personal Data because:
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Motimatic, PBC aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
For purposes of the California Consumer Privacy Act, Motimatic does not “sell” your personal information.
In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your personal information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; (vi) withdraw your consent; and (vii) request erasure of personal information held about you by Motimatic, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us by sending email to privacy@motimatic.com.
We will process such requests in accordance with applicable laws. To protect your privacy, Motimatic will take steps to verify your identity before fulfilling your request.
Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA):
Without a common industry or legal standard for interpreting Do Not Track (DNT) signals, Motimatic does not respond to browser DNT signals. Motimatic will continue to monitor further development of a DNT standard by the privacy community and industry. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
We are committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. Despite these measures, you should know that we cannot fully eliminate security risks associated with Personal Data and mistakes and security breaches may happen.
We welcome your comments or questions regarding this Privacy Policy. Feel free to e-mail comments or questions to us at privacy@motimatic.com.
If we make changes to this Privacy Policy, these changes will be posted on our website in a timely manner. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. You can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to this Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Motimatic website. Use of the Service following such changes constitutes your acceptance of the revised Privacy Policy then in effect.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.