Privacy Policy

Updated on 2023-12-08

MotiveMind ("we", "our" or "us") is committed to protecting your privacy. This Privacy Policy explains how MotiveMind collects, uses and discloses your personal information.

This Privacy Policy applies to our website, and its associated subdomains (collectively, our "Service") together with our application, MotiveMind. By accessing or using our Service, you indicate that you have read, understood and agreed to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and our Terms of Service.

Definitions and Key Terms

To help explain things as clearly as possible in this Privacy Policy, every time any of these terms are referenced, they are strictly defined as:

What information do we collect?

We collect information from you when you visit our platform, register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.

How do we use the information we collect?

Any of the information we collect from you may be used in one of the following ways:

When does MotiveMind use end user information from third parties?

MotiveMind will collect end user data necessary to provide the MotiveMind services to our customers.

End users may voluntarily provide us with information they have made available on social media websites. If you provide us with such information, we may collect publicly available information from the social media websites you have indicated. You can control how much of your information social media websites make public by visiting these websites and changing your privacy settings.

When does MotiveMind use customer information from third parties?

We receive information from third parties when you contact us. For example, when you submit your email address to us to show interest in becoming a MotiveMind customer, we receive information from a third party that provides automated fraud detection services to MotiveMind. We also occasionally collect information that is made publicly available on social media websites. You can control how much of your information social media websites make public by visiting these websites and changing your privacy settings.

Do we share the information we collect with third parties?

We may share the information that we collect, both personal and non-personal, with third parties such as advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you. We may also share it with our current and future affiliated companies and business partners, and if we are involved in a merger, asset sale or other business reorganization, we may also share or transfer your personal and non-personal information to our successors in interest.

We may hire trusted third-party service providers to perform functions and provide services to us, such as hosting and maintaining our servers and the platform, database storage and management, email management, storage marketing, credit card processing, customer service and order fulfillment for products and services you may purchase through the platform. We will likely share your personal information, and possibly some non-personal information, with these third parties to enable them to perform these services for us and for you.

We may share portions of our log file data, including IP addresses, for analytics purposes with third parties such as web analytics partners, application developers, and ad networks. If your IP address is shared, it may be used to estimate general location and other technographics such as connection speed, whether you have visited the platform in a shared location, and type of device used to visit the platform. They may aggregate information about our advertising and what you see on the platform and then provide auditing, research and reporting for us and our advertisers.

We may also disclose personal and non-personal information about you to the government, law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with applicable court orders, laws, rules and regulations.

Where and when is information collected from customers and end users?

MotiveMind will collect personal information that you submit to us. We may also receive personal information about you from third parties as described above.

How do we use your email address?

By submitting your email address on this platform, you agree to receive emails from us. You can cancel your participation in any of these email lists at any time by clicking on the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We don’t send unsolicited commercial emails, because we hate spam as much as you do. By submitting your email address, you also agree to allow us to use your email address for customer audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us. Email addresses submitted only through the order processing page will be used for the sole purpose of sending you information and updates pertaining to your order. If, however, you have provided the same email to us through another method, we may use it for any of the purposes stated in this Policy. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How long do we keep your information?

We keep your information only as long as we need it to provide MotiveMind to you and fulfill the purposes described in this policy. This is also the case for anyone that we share your information with and that carries out services on our behalf. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we’ll either remove it from our systems or depersonalize it so that we can’t identify you.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) is never kept on file. However, we cannot ensure the absolute security of any information you transmit to MotiveMind or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or managerial safeguards.

Could my information be transferred to other countries?

MotiveMind is incorporated in CL. Information collected through our website, through direct interactions with you, or from use of our help services may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and may be viewed and hosted anywhere in the world, including countries that may not have laws of general application regulating the use and transfer of such data. To the fullest extent allowed by applicable law, by using any of the foregoing, you voluntarily consent to the trans-border transfer and hosting of such information.

Is the information collected through the MotiveMind Service secure?

We take precautions to protect the security of your information. We have physical, electronic, and administrative procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes or fail to follow policies. Therefore, while we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security. If applicable law imposes any non-disclaimable duty to protect your personal information, you agree that intentional misconduct will be the standards used to measure our compliance with that duty.

Can I update or correct my information?

The rights you have to request updates or corrections to the information MotiveMind collects depends on your relationship with MotiveMind. Personnel may update or correct their information as detailed in our internal company employment policies.

Customers have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by canceling your account. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from accidental loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate. Immediately after receiving your request, all personal information stored in databases we actively use, and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable.

If you are an end user and wish to update, delete, or receive any information we have about you, you may do so by contacting the organization of which you are a customer.

Sale of Business

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of MotiveMind’s assets or any of its Corporate Affiliates (as defined herein), or that portion of MotiveMind or any of its Corporate Affiliates to which the Service relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Affiliates

We may disclose information (including personal information) about you to our Corporate Affiliates. For purposes of this Privacy Policy, “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with MotiveMind, whether by ownership or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.

Governing Law

This Privacy Policy is governed by the laws of CL without regard to its conflict of laws provision. You consent to the exclusive jurisdiction of the courts in connection with any action or dispute arising between the parties under or in connection with this Privacy Policy except those individuals who may have the right to make claims under the Privacy Shield or the Swiss-US framework.

The laws of CL, excluding its conflicts of law rules, shall govern this Agreement and your use of the platform. Your use of the platform may also be subject to other local, state, national, or international laws.

By using MotiveMind or contacting us directly, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you should not interact with our website or use our services. Continued use of the website, direct interaction with us, or following the posting of changes to this Privacy Policy that do not significantly affect the use or disclosure of your personal information will mean that you accept those changes.

Your Consent

We've updated our Privacy Policy to provide you with complete transparency into what is set when you visit our site and how it's being used. By using our platform, registering an account, or making a purchase, you hereby consent to our Privacy Policy and agree to its terms.

Links to Other Websites

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by MotiveMind. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other web site, including those that have a link on our platform, is subject to that web site’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Advertising

This platform may contain third party advertisements and links to third party sites. MotiveMind does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by the third parties.

Advertising keeps MotiveMind and many of the websites and services you use free of charge. We work hard to make sure ads are safe, unobtrusive, and as relevant as possible.

Third party advertisements and links to other sites where goods or services are advertised are not endorsements or recommendations by MotiveMind of the third party sites, goods or services. MotiveMind takes no responsibility for the content of any of the ads, promises made, or the quality / reliability of the products or services offered in all advertisements.

Cookies for Advertising

These cookies collect information over time about your online activity on the platform and other online services to make online advertisements more relevant and effective to you. This is known as interest-based advertising. They also perform functions like preventing the same ad from continuously reappearing and ensuring that ads are properly displayed for advertisers. Without cookies, it’s really hard for an advertiser to reach its audience or to know how many ads were shown and how many clicks they received.

Cookies

MotiveMind uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data that your web browser stores on your computer or mobile device. We use Cookies to enhance the performance and functionality of our platform but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the platform as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Block and Disable Cookies and Similar Technologies

Wherever you are, you can also configure your browser to block cookies and similar technologies, but this action may block our essential cookies and prevent our website from functioning properly, and you may not be able to use all of its features and services completely. You should also note that you may also lose saved information (for example, saved login details, site preferences) if you block cookies in your browser. Different browsers make different controls available to you. Disabling a cookie or a category of cookies does not delete the cookie from your browser, you will have to do it yourself from your browser, you should visit your browser's help menu for more information.

Children's Privacy

We do not target anyone under the age of 13. We do not collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you know that your child has provided us with Personal Data, please contact Us. If we become aware that we have collected personal data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.

Changes to our Privacy Policy

We may change our Service and our policies, and we may need to make changes to this Privacy Policy to accurately reflect our Service and our policies. Unless otherwise required by law, we will notify you (for example, through our Service) before making changes to this Privacy Policy and give you an opportunity to review them before they take effect. Then, if you continue to use the Service, you will be subject to the updated Privacy Policy. If you do not wish to accept this or any updated Privacy Policy, you may delete your account.

Third-party Services

We may display, include or make available third-party content (including data, information, applications and other product services) or provide links to third-party websites or services ("Third-party Services").

You acknowledge and agree that MotiveMind will not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. MotiveMind does not assume and will not have any obligation or liability to you or any other person or entity for any Third-party Services.

Third-party Services and links to them are provided solely for your convenience and you access and use them entirely at your own risk and subject to the terms and conditions of such third parties.

Information about the General Data Protection Regulation (GDPR)

We may collect and use information from you if you belong to the European Economic Area (EEA), and in this section of our Privacy Policy we are going to explain exactly how and why this data is collected, and how we keep it under protection against replication or misuse.

What is GDPR?

GDPR is an EU-wide data protection and privacy law that regulates how companies protect EU residents' data and enhances the control EU residents have over their personal data.

GDPR is relevant to any company operating globally and not just to EU-based companies and EU residents. Our customers' data is important regardless of where they are located, so we have implemented GDPR controls as our benchmark standard for all our operations worldwide.

What is Personal Data?

Any data that relates to an identifiable or identifiable individual. GDPR covers a broad spectrum of information that could be used alone or in combination with other pieces of information to identify a person. Personal data goes beyond a person's name or email address. Some examples include financial information, political opinions, genetic data, biometric data, IP addresses, physical address, sexual orientation and ethnicity.

Data protection principles include requirements such as:

Why is GDPR important?

GDPR adds some new requirements regarding how companies must protect the personal data of individuals they collect and process. It also raises the stakes for compliance by increasing enforcement and imposing larger fines for non-compliance. Beyond these facts, it is simply the right thing to do. At MotiveMind, we strongly believe that the privacy of your data is very important and we already have strong security and privacy practices that go beyond the requirements of this new regulation.

Individual data subject rights: access, portability and deletion of data

We are committed to helping our customers meet the GDPR data subject rights requirements. MotiveMind processes or stores all personal data in DPA-compliant and fully vetted providers. We store all conversations and personal data for a maximum of 6 years, unless your account is deleted. In which case, we delete all data in accordance with our Terms of Service and Privacy Policy, but will not retain it for more than 60 days.

We are aware that if you work with EU clients, you must be able to provide them with the ability to access, update, retrieve and delete personal data. We have been set up as self-service from the beginning and have always given you access to your data and your customers' data. Our customer support team is here to answer any questions you may have about working with the API.

California Residents

The California Consumer Privacy Act (CCPA) requires us to disclose the categories of Personal Information we collect and how we use it, the categories of sources from which we collect Personal Information, and the third parties with whom we share it, which we have explained above.

We are also required to communicate information about the rights California residents have under California law. You may exercise the following rights:

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

We do not sell the personal information of our users.

For more information about these rights, please contact us.

California Online Privacy Protection Act (CalOPPA)

CalOPPA requires us to disclose the categories of personal information we collect and how we use it, the categories of sources from which we collect personal information, and the third parties with whom we share it, which we explained above.

CalOPPA users have the following rights:

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

We do not sell the personal information of our users.

For more information about these rights, please contact us.