Policies & Agreements

1. Introduction

This Privacy Policy explains how Motive Technologies, Inc. (“Motive”, “we”, “our”, or “us”) collects, shares, and uses the information that we collect that relates to you or your business(“Personal Information”) when you use our Platform, apply for or use our card products, or otherwise interact with our services,which links to this Privacy Policy (“Policy”).

It applies only to our Platform, and does not apply to any third-party websites, services, products, or applications – even if they are made available by us or accessible through our Platform. This Privacy Policy applies to you whenever you use our Platform or card services. 

This Privacy Policy is designed to comply with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. We are committed to protecting your privacy in accordance with applicable Canadian law and regulation. 

2. Information We Collect About You

We collect Personal Information about you for several different purposes. For the most part, we use Personal Information in order to provide and improve the Platform and our card services, to administer and help you manage your use of the Platform, to verify your identity and business eligibility, and to comply with applicable laws and regulations.  We are committed to ensuring that the Personal Information we maintain is accurate, complete , and kept up-to-date. We provide users with access to their account settings to review and update their information. Additionally, we may periodically prompt users to verify their data through the Platform to confirm the continued validity of business and identity credentials. 

2.1 Information that You Provide

We collect information about you that you provide to us when you apply for a card product, create an account, complete identity or business verification, sign up to receive marketing communications, or otherwise use the Platform or interact with us, including:

• Your name, email address, mailing address, phone number.
• Business information, including business name, registration number, business address, industry classification, and financial information.
• Identity verification information, including government-issued identification numbers, date of birth, and beneficial owner information.
• Any other information that you provide to us voluntarily, including any survey responses, participation in promotions or contests, or referrals.

We also automatically collect information about you and the devices you use to access the Platform, including:

• Location Information. Information about where you are located, such as using Internet Protocol (IP) address for a rough geolocation. We may use location information to improve and personalize the Platform and to contact you about service offerings that may be of interest to you. 
• Device Information. Information about your devices, including the hardware model, operating system, device identifier, mobile network information, and information about how your devices interact with the Platform.
• Use Information. Information about how you use the Platform (we refer to this information as “Log Data”). Log Data may include information such as a User’s IP address, browser type, operating system, the web page that a User was visiting before accessing the Platform, the pages or features of the Platform with which a User engaged and the time spent on those pages or features, the links within the Platform that a User clicked on, and other statistics.
• Other Information. Any other information you upload to, or that is derived from, your use of the Platform.

2.2 Information We Collect About You Using Cookies

We also collect information about you and the devices you use to access the Platform through the use of “cookies,” which are small text files that are saved by your browser when you access the Platform. We may use both session cookies and persistent cookies; unlike persistent cookies, session cookies are deleted when you log off from the Platform and close your browser.

Although most browsers are set by default to automatically accept cookies, you can adjust your browser settings to either stop accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies you may not be able to access and use certain features of the Platform.

We may use the information derived from the cookies placed on your device for any of the following purposes:

• We collect information about you and your use of the Platform through cookies and similar tracking technologies.
• To identify that you’ve visited our Platform and to remember that you have visited us before.
• To tell us how and when you interact with the Platform.
• To monitor aggregate usage and web traffic routing on the Platform.
• To collect data in order to provide and improve our advertising campaigns, including by sending information to our third-party partners.
• To enable our affiliates and third-party partners to use cookies to track your behavior when using the Platform, or any partner or third-party service or site, including the way you interact across sites outside of the Platform.
• To customize and improve the Platform.
• Some third-party service providers that we work with (including third-party advertisers) may also place their own cookies on your browser. For example, if we send you any offers for services or products provided by our partners or affiliates or you click a link to one of our partner’s or affiliate’s or another third party’s websites or services, then such partner, affiliate, or other third party may also place cookies on your browser.

This Privacy Policy does not apply to or cover the data use practices of any of our business partners or other third parties once they have collected your Personal Information, and we are not responsible for their privacy policies and practices.

2.3 Web Beacons

Our Platform and some third-party sites and HTML-formatted emails use web beacons alone or in conjunction with cookies to compile information about your website usage and your interaction with email. A web beacon is an electronic image, called a “single-pixel”, “1×1”, or “clear” GIF. You may be able to disable web beacons in email messages by not downloading images contained in the message you receive (this feature varies depending on the email software used on your personal computer). However, doing this may not always disable a web beacon or other automatic data collection tools in the email message due to specific email software capabilities.

If you choose to receive marketing emails or newsletters from Motive, we may automatically collect Personal Information about you via web beacons and personalized URLs embedded in these emails or newsletters. This is so we can track whether you’ve opened those messages and whether you’ve clicked on links contained within those messages.

2.4 Information from Third Parties

Third parties may provide us with Personal Information they have collected about you from you or from further online and offline sources, such as marketing data from our partners and third-parties that is combined with information we already have about you. We would use this to provide you with more relevant communications and better tailored offers. We may also receive information from identity verification services, credit bureaus, and financial institutions in connection with KYB verification and card services. We have no control of any processing of Personal Information by such third parties. We may combine such information with the Personal Information we already have about you for the purposes described in this Policy.

2.5 Biometric Information

As part of our identity verification processes, we use third-party identity verification service providers that may collect biometric information, specifically facial geometry data derived from photographs or scans of your face. This collection is performed solely to verify your identity when you apply for a card product or create an account on the Platform.

Before any biometric information is collected, you will be presented with the applicable third-party provider’s terms of service and privacy policy, and asked to provide your express consent directly to that provider. You may decline to provide biometric information; however, doing so may prevent us from completing identity verification and providing you with certain services.

We do not directly collect, store, or retain biometric information. Our third-party identity verification providers are contractually required to maintain security safeguards at least equivalent to those required under applicable Canadian privacy law, to use biometric information solely for identity verification, and to permanently destroy it no later than 90 days after the verification transaction is completed, unless a longer retention period is required by applicable law. We do not sell, lease, or trade biometric information.

3. Purpose of Collection, Use, and Retention of Personal Information

We use the information about you that you provide and that we collect from you for a number of purposes, including the following:

• Account setup, administration and management (performance of contract)
• Identity verification (legitimate interest / legal obligation)
• Biometric identity verification, including collection and processing of facial geometry data (express consent)
• Compliance with applicable laws and regulations (compliance with law)
• Providing and improving the Platform (performance of contract / legitimate interest)
• Developing and pricing new products and services (performance of contract / legitimate interest)
• Communicating with you by phone and email about any products or services or the Platform (including communicating with you about marketing and promotions from Motive, our affiliates, and our partners) (consent / legitimate interest)
• Analytics (legitimate interest)
• Fraud prevention (legitimate interest / legal obligation)
• Spam and malware protection (legitimate interest)
• Enforcing our Terms of Service and other applicable agreements and/or policies (performance of contract)

We may also process your Personal Information for any other purposes, provided we notify you in advance or at the time of processing. In such instances, we will obtain your express consent where required by applicable laws. Any such processing will remain subject to the terms of this Privacy Policy, and you maintain the right to withdraw your consent at any time as detailed in our Privacy Rights section.

We retain your information only for as long as is reasonably necessary for the purposes listed above, or as permitted or required by applicable law. Once your Personal Information is no longer required for these purposes or to meet our legal mandates, we will securely destroy, erase, or anonymize the data to ensure it can no longer be reconstructed or associated with you. 

We collect your consent to the collection, use, and disclosure of your Personal Information in the following ways:

• Express consent. For sensitive Personal Information or where required by law, we obtain your express consent at the time of collection 
• Implied consent. In certain circumstances, your consent may be reasonably implied from your actions, such as when you voluntarily provide Personal Information in the course of applying for a card product, creating an account, or using the Platform.
• Opt-out consent. For certain non-sensitive purposes, we may proceed on the basis that you consent unless and until you opt out using the mechanisms described in Section 6 of this Policy.
  

You may withdraw your consent at any time, subject to legal or contractual restrictions and upon reasonable notice, by contacting us using the information in the Contact Us section below. Please note that withdrawing consent may affect our ability to provide you with certain services or features of the Platform.

4. How We Share Your Information With Third Parties

We only share Personal Information collected on the Platform as described in this Policy. Generally, such sharing is for one or more of the purposes below:

4.1 Information Shared with Our Service Providers

We may share Personal Information about you with third-party service providers in order to provide, maintain, and improve our Services, and for the purposes set forth above. These third-party service providers have access to your Personal Information for the purpose of performing certain services on our behalf.

4.2 Information Shared with our Partners and Affiliates

We may share Personal Information with our partners and affiliates for any of the purposes outlined in this Policy. Our partners and affiliates may contact you regarding services and offerings. 

4.3 Information We Share with Your Consent

We may share Personal Information whenever you direct us to do so. For example, if you authorize (or direct us to authorize) a third-party application or service to access your information, we may share your Personal Information with such application or service.

4.4 Telephone Communications

4.4.1

By providing us your phone number, you are consenting to us, our affiliates, or our partners contacting you via autodialed or prerecorded calls/messages. We may contact you at any telephone number you have provided us on any form associated with our Platform using autodialed or prerecorded calls and messages for marketing purposes (e.g., offers and promotions) if you explicitly consent to such communications, even if your number is on any national or state Do Not Call registry; your consent to receive such calls/messages is not a condition of purchasing any of our Services or using our Platform. We may collect other telephone numbers for you and may place manual, non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline.

4.4.2

Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you can contact us at marketing@gomotive.com or at the contact information listed below.

4.5 User Profiles and Submissions

If you register for an account on the Platform, your user profile information contains your name, location, email address and phone number associated with your account and profile (“User Profile Information”). This User Profile Information may be displayed to other Users or Platform visitors with whom you connect. Your name and User Profile Information may also be displayed to others when you send messages through the Services. We do not control the privacy policies and practices of any of our Users or Platform visitors or any other third-party sites or services.

4.6 Information Disclosed in Connection with Certain Business Transactions and Corporate Changes

Information that we collect from our Platform visitors, including Personal Information , is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your Personal Information and other data may be disclosed or transferred to a third party in connection with such transaction.

4.7 Information Disclosed for Our Protection and the Protection of Others

It is our policy to cooperate with government and law enforcement officials and private parties when we believe it is reasonably necessary to do so. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary:

• to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; 
• to protect our property, rights and safety and the rights, property and safety of our Platform visitors, third parties or the public in general; and 
• to prevent or stop activity we consider to be illegal or unethical in our sole discretion. 

4.8 Information Shared with Third Parties for Advertising

4.8.1 Interest Based Advertising

We may participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We participate in third-party online advertising networks, social media companies (such as Facebook.com), and partner with other third-party services to collect information about your use of our Platform over time so that they may play or display ads on our Platform, on other websites, apps, or services you may use, and on other devices you may use. 

Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies – we generally don’t directly provide this information to our advertising partners. We may share a common account identifier (such as an email address or user ID) or hashed data with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.

To learn how you can opt out of such advertising, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org/choices, and/or the DAA’s resources at https://www.aboutads.info/choices, and/or the TradeDesk’s resources at https://www.adsrvr.org. 

4.8.2 Google Analytics and Ads Ecosystem

We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Doubleclick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Service.

You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by visiting NAI’s online resources at https://www.networkadvertising.org/choices.

4.8.3 Cookie and Device Setting Options

You may also be able to set your browser to automatically delete or notify you of cookies by actively managing the settings on your browser or mobile device.

Please note that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers or delete the opt-out cookies, you may need to perform the opt-out task again.

You may also be able to limit certain interest-based mobile advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android).

4.8.4 Do Not Track Signals

Although we do our best to honor the privacy preferences of our users, the “Do Not Track” technology standard, published by the World Wide Web Consortium is still in draft form. As such, we are unable to respond to Do Not Track signals set by your browser at this time due to the unclear standards and guidelines for Do Not Track header interpretation.

4.9 Information Shared with Third Parties for Analytics

We may collect analytics data, or use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service.

Google Analytics allows us to better understand how our users interact with our Service and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at https://policies.google.com/privacy/partners. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Add-On at https://tools.google.com/dlpage/gaoptout.

We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Doubleclick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Service.
You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by visiting NAI’s online resources at https://www.networkadvertising.org/choices.

4.10 Sale of Personal Information

Motive does not sell your Personal Information in the traditional sense of the word. However, certain laws define the concept of “sell” to include activity like when we share your Personal Information as part of our participation in affiliate advertising networks. To opt-out of this kind of sharing, you can use the methods described in the sections titled “Interest Based Advertising”, “Google Analytics and Ads Ecosystem”, or “Cookie and Device Setting Options”.

5. How We Protect Your Information

5.1 When You Use the Platform

We take reasonable measures to protect the Personal Information that we collect from you from unauthorized access, misuse, alteration, destruction, and exfiltration. Specifically, we implement industry-standard data encryption (both in transit and at rest), continuous access monitoring, and secure backend enablement to safeguard our systems. For additional details regarding our security measures, please visit: https://trust.gomotive.com. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

5.2 When You Click Links to and Use Third-Party Sites & Services

Motive links to, and provides you with, opportunities to connect with third-party services, products, websites, or applications (each a “Non-Motive Product”). If you choose to use any Non-Motive Product, any information that you provide on or to a Non-Motive Product is provided directly to the owner of the related website or service and is subject to that third party’s privacy policy.

Our Privacy Policy does not apply to Non-Motive Products and we are not responsible for the content, privacy or security practices and policies of those Non-Motive Products. To protect your information we recommend that you carefully review the privacy policies of Non-Motive Products that you access.

5.3 Breach Notification

In the event of a breach of security safeguards involving your Personal Information that creates a real risk of significant harm to you, we will notify you and the Office of the Privacy Commissioner of Canada (OPC) as required under PIPEDA. Notification will be provided as soon as feasible after we determine that the breach has occurred.

6. Marketing and Promotional Communications

You can opt out of receiving marketing and/or promotional communications from us by following the instructions contained in those communications, emailing us at marketing@gomotive.com, or by reaching out to us at the contact information listed below. Please note that even if you decide to opt out of marketing and promotional communications, we may still contact you in order to communicate with you about your account and/or use of the Services.

In accordance with Canada’s Anti-Spam Legislation (CASL), we will obtain your express or implied consent, as applicable, before sending you commercial electronic messages. Each commercial electronic message we send will identify the sender, include Motive’s contact information, and provide a functioning unsubscribe mechanism. You may withdraw your consent to receive commercial electronic messages at any time by using the unsubscribe link in any message or by contacting us at marketing@gomotive.com. We will process your unsubscribe request within 10 business days.

7. Non-Discrimination / Right to Equal Service and Price

Motive does not discriminate against Platform visitors who choose to exercise their rights under any applicable data privacy law. Platform visitors may generally exercise such rights at no charge to the User.

8. Your Privacy Rights

Motive is the Data Controller for Personal Information processed on the Platform. You can access and edit your account information with Motive at any time by logging into your account. You can also contact us via the contact information listed below, and we will respond as soon as possible, but at most within 30 days.

8.1 Modifying Your Information

If you have registered on the Platform for an account, you can access and modify the Personal Information  associated with your account by changing your “account settings” on the Platform. If you want us to delete your Personal Information  and your account, please contact us at privacy@gomotive.com with your request. We’ll take steps to delete your information where required by law. Note that we are permitted by law to retain some of your information for our records or other legally permitted purposes.

8.2 Jurisdiction-Specific Rights

In addition to the rights described elsewhere in this Policy, some jurisdictions have additional privacy rights that apply to their residents. If you are a resident of those jurisdictions (e.g. the EU, Canada, or California), you may have additional rights as described: 

• The right of access. You have the right to obtain access to your information (if we’re processing it), and certain other information (similar to that provided in this Privacy Policy). This is so you’re aware and can check that we’re using your information in accordance with data protection law.
• The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete.
• The right to erasure and de-indexation. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information where there is no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.
• The right to restrict processing. You have rights to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further. We keep lists of people who have asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future. This is not a general right to restrict; there are exceptions.
• The right to data portability. You have rights to obtain and reuse your personal data for your own purposes across different services. For example, if you decide to switch to a new provider, this enables you to move, copy or transfer your information easily between our IT systems and theirs safely and securely, without affecting its usability. This is not a general right however and there are exceptions.
• The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing. Related to this, you have the right to request that we stop disclosure of your personal data to third parties for their marketing purposes.  In order to opt out of this kind of sharing to third parties, you may use the mechanisms described above, or contact us using the information provided in the Contact Us section below.
• The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your personal data with your national or provincial data protection regulator, such as the Office of the Privacy Commissioner of Canada (OPC) or the Commission d’accès à l’information du Québec (CAI).
• The right to withdraw consent. If you have given your consent to anything we do with your personal data (i.e., we rely on consent as a legal basis for processing your Personal Information), you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful).

8.3 Fee

In accordance with applicable laws, we may charge a minimal and reasonable fee to cover administrative costs for requests that are clearly baseless, excessive, or involve further copies of the same information. In such cases, we will provide you with a written estimate of the fee in advance and will only proceed with the request upon receiving your informed consent to the charges. We may, in limited circumstances permitted by law, be entitled to refuse to act on a request. We will respond to all requests as soon as possible, and generally no later than thirty (30) days from the date we receive your request. If we require an extension, we will notify you of the reasons and the new expected timeline as required by law.

8.4 Using an Authorized Agent to Submit a Request

You may use an authorized agent to submit a request on your behalf so long as you provide us with written proof that you have authorized such person to act as your authorized agent for the purpose of the related request.

8.5 How to Send Us a Request

In order to submit a request to exercise one or more of the foregoing rights, please contact us using the information provided in the Contact Us section below or use one of the “self-help” mechanisms provided for above (you can see them in bold type).

9. International Transfers of Your Information

Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. For residents of Canada, your Personal Information may be processed, accessed, or stored outside of Canada, including in the United States, where it may be subject to the laws and access by law enforcement of those jurisdictions. If you are a resident of Quebec, we hereby provide specific notice that your Personal Information will be communicated and stored outside of the province of Quebec. Such information may be held on servers located in other Canadian provinces, the United States, or other international jurisdictions.

When Personal Information of Quebec residents is transferred or stored outside the province of Quebec, we take reasonable steps to ensure that it benefits from adequate protection. These steps include:

• conducting a privacy impact assessment prior to communicating Personal Information outside Quebec, taking into account the sensitivity of the information, the purposes for which it will be used, and the legal framework applicable in the jurisdiction where it will be held;
  
• entering into contractual agreements with recipients that require them to apply security safeguards at least equivalent to those required under applicable Quebec privacy law, including obligations relating to confidentiality, restricted use, and secure storage; and
  
• implementing appropriate technical and organizational measures, including encryption in transit and at rest, access controls, and monitoring, to protect Personal Information against unauthorized access, disclosure, or misuse.

10. Changes to this Privacy Policy

We constantly strive to improve our Services and provide our Platform visitors with more features and the best possible experience. Any information that we collect from you is subject to this Privacy Policy as in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you of such changes by posting them on the Platform or by sending you an email or other notification, and we’ll also indicate when such changes will become effective.

If you continue to use the Services after any changes to the Privacy Policy have been posted and become effective, that means you agree to all of the changes.

11. Contact Us

If you have any questions regarding this Privacy Policy, wish to exercise your rights, or have any privacy-related inquiries or escalations, please contact our Privacy Officer by email at privacy@gomotive.com or by mail at. Our Privacy Officer is responsible for overseeing Motive’s compliance with applicable Canadian privacy legislation.

If you are not satisfied with our response, you have the right to lodge a complaint with the Office of the Privacy Commissioner of Canada (OPC) or, for Quebec residents, the Commission d’accès à l’information du Québec (CAI).