Policies & Agreements

1. Introduction

This privacy policy (“Policy”) explains how Motive Technologies, Inc. (“Motive”, “we”, “our”, or “us”) processes information when you visit any Site which links to this Policy that allows us to directly or indirectly identify you (“Personal Data”).

Motive is the data controller for the purposes of the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (“UK GDPR”). 

This Policy applies to you whenever you visit our Site and also applies throughout our relationship with you, such as when you receive marketing communications from us, or in any circumstances where we act as the data controller of your Personal Data.  

By using the Site, you acknowledge our collection, use and sharing of your Personal Data as set forth in the relevant sections of this Policy. You also acknowledge that by providing your Personal Data through the Site your Personal Data is submitted to and accessed by our personnel in the United States. If you do not wish for your Personal Data to be used in the manner set out in this Policy or transferred to the United States, you should not access or use the Site.

Motive’s products and services offered through our Site are intended solely as business-to-business offerings and this Policy does not apply to our data use practices for those offerings, which are instead covered under our Terms of Service and Data Protection Addendum. If you are an End User of Motive products and services through a Motive Customer, the Motive Customer’s privacy policies and other legal agreements govern the use and sharing of your Personal Data where Motive serves as a processor or service provider to the ultimate controller. Please check with your employer on their privacy policies and data sharing policies to better understand your rights in those circumstances. 

2. What Personal Data We Are Collecting From You and How We Are Collecting It

We collect the following Personal Data in the following ways:

Information that You Provide

We collect Personal Data that you provide to us when you create an account, sign up to receive marketing communications, or otherwise use a Site or interact with us, including:

• Your name, email address, mailing address, phone number.
• 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 Site, 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 Site and to contact you about service offerings that may be of interest to you. 
• Device Information. Information about your devices (such as your electronic logging device, your mobile phone, etc), including the hardware model, operating system, device identifier, mobile network information, and information about how your devices interact with the Site.
• Commercial information. We may collect records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We collect these data to optimize our business, serve personalized discounts within the services and provide support on issues like refunds.)
• Use Information. Information about how you use the Site (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 Site, the pages or features of the Site with which a User engaged and the time spent on those pages or features, the links within the Site that a User clicked on, and other statistics.
• Geolocation data. We may collect your device location or other geolocation information, including the postal/zip code, state or country from which you accessed the services. This information is collected to provide customized services, marketing campaigns, and provide support. 
• Other Information. Any other information you upload to, or that is derived from, your use of the Site.

Information We Collect About You Using Cookies

We also collect information about you and the devices you use to access the Site through the use of “cookies,” which are small text files that are saved by your browser when you access the Site. Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site. 

Information from Third Parties

Third parties may provide us with Personal Data 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 have no control of any processing of Personal Data by such third parties. We may combine such information with the Personal Data we already have about you for the purposes described in this Policy.

Modifying Your Information

If you have registered on the Site for an account, you can access and modify the Personal Data associated with your account by changing your “account settings” on the Site. If you want us to delete your Personal Data and your account, please contact us at privacy@gomotive.com with your request. 

3. How We Use Your Information

We only use the Personal Data you provide in a manner that is consistent with this Policy and where the law allows us to. We use the Personal Data about you that you provide and that we collect from you for a number of purposes and we rely on the following legal grounds for processing your Personal Data:

Processing Purpose	Legal Basis to process your Personal Data
Account setup, administration and management	To perform our contract with you and to provide those services to you. Where you contact us for pre-contract enquiries, our legitimate interests of providing efficient customer services.
Identity verification	Our legitimate interests in providing and maintaining your account on the Site.
Compliance with applicable laws and regulations	To comply with legal and regulatory obligations.
Providing and improving the Site	To perform our contract with you and our legitimate interest in providing and improving the Site.
Developing and pricing new products and services	To perform our contract with you and our legitimate interest in developing the Site and growing our activities.
Communicating with you by phone and email about any products or services or the Site (including communicating with you about marketing and promotions from Motive, our affiliates, and our partners)	To perform our contract with you and our legitimate interests in growing our activities and informing marketing strategies.
Analytics	Our legitimate interests in growing our activities, informing marketing strategies, measuring the impact of our initiatives, and to ensure communications are relevant, timely and in the best interest of Motive.
Fraud prevention and spam and malware prevention.	Our legitimate interests in ensuring the security of the Site and preventing fraud.
To provide the Services to you and to fulfil or meet the reason you provided the personal information, including to process your requests, purchases, transactions, and payments.	To perform our contract with you and to provide those services to you. Where you contact us for pre-contract enquiries, our legitimate interests in providing efficient customer services.
For testing, research, analysis, and product development, including to develop and improve our services.	Our legitimate interests in providing and maintaining the Site, keeping content and features relevant, keeping users engaged with the website and portal, and providing the services to you offered on our website and portal.
To personalize your experience with our services.	Our legitimate interests in developing the Site and keeping content and features relevant, keeping users engaged with the website. To the extent this involves storing information on your device such as cookies or other similar web technologies, your consent.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations and to comply with our legal and regulatory obligations and protect our legal and commercial interests.	To comply with a legal or regulatory obligation and/or our legitimate interests in efficiently fulfilling our legal and contractual duties (including in jurisdictions other than that in which you reside), protecting our organizational image and brand, managing legal risk, and complying with regulations that apply to us.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our services is among the assets transferred.	Our legitimate interests in efficiently running and growing a successful business.
Enforcing our Terms of Service and other applicable agreements and/or policies.	To perform our contract with you.
Use of our Artificial Intelligence Chatbot	Your consent.
Any other purpose disclosed to you or to which you consent.	Your consent.

Change of purpose

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the contact details below. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

4. Retention of Your Personal Data

We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. We continually review what information we hold and will delete Personal Data which is no longer required.

5. How We Share Your Information With Third Parties

We only share Personal Data collected on the Site as described in this Policy. We require all third parties that we work with to treat your Personal Data as confidential and to fully comply with all applicable data protection and consumer legislation. Generally, such sharing is for one or more of the purposes below:

Information Shared with Our Service Providers

We may share Personal Data 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 Data for the purpose of performing certain services on our behalf.

Information Shared with our Partners and Affiliates

We may share Personal Data with our partners and affiliates for any of the purposes outlined in this Policy. Please see below Appendix A for a full list of affiliates and partners your data may be shared with.

Information We Share with Your Consent

We may share Personal Data 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 Data with such application or service.

Telephone Communications

By providing us your phone number, you are consenting to us, 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 Site using autodialed or prerecorded calls and messages for marketing purposes (e.g., offers and promotions) if you explicitly consent to such communications,; your consent to receive such calls/messages is not a condition of purchasing any of our Services or using our Site.

We may contact you via live calls at any telephone number you have provided us on any form associated with our Site for marketing purposes (e.g., offers and promotions) unless your number is on any Corporate Telephone Preference Service or equivalent register, or if you have not previously opted out of receiving such calls by telling us not to make calls to those numbers.

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.

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 via the Site’s Preference Center or at the contact information listed below.

User Profiles and Submissions

If you register for an account on the Site, 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 Site 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 Site visitors or any other third-party sites or services.

Information Disclosed in Connection with Certain Business Transactions and Corporate Changes

Information that we collect from our Site visitors, including Personal Data, 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 Data and other data may be disclosed or transferred to a third party in connection with such transaction.

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 Site 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.

Information Shared with Third Parties for 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 Site over time so that they may play or display ads on our Site, 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.

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.

6.   How We Protect Your Information

When You Visit the Site

We take reasonable measures to protect the Personal Data that we collect from you from unauthorized access, misuse, alteration, destruction, and exfiltration. We have put in place technical and organizational security measures to protect the confidentiality, integrity and availability of your Personal Data. We limit access to your Personal Data to those employees, agents, contractors and other third parties who have an organizational need to know. They will only process your personally identifiable information on our instructions, and they are subject to a duty of confidentiality.

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. 

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 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.

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, updating your preferences via the Site’s Preference Center, 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.

7. Your Privacy Rights

Where Motive is the controller for your Personal Data, you can contact us via the contact details listed below to exercise any of your rights: 

• 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 Policy). 
• The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete.
• The right to request erasure of your Personal Data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• 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; there are exceptions.
• The right to object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object. 
• The absolute right to request that we stop processing your Personal Data for direct marketing purposes.  In order to opt-out of marketing, 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 data protection regulator or data supervisory authority.
• 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 Data), 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).

Where Motive is the processor, Motive may have to contact, cooperate and follow the instructions of the ultimate controller of your Personal Data when responding to your rights request.

How to Send Us a Request & What We Will Need From You

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. 

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

No Fee Required Usually

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

How to Make Complaint

You have the right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us in the first instance using the contact details set out below.

8. International Transfers of Your Personal Data

Your Personal Data may be transferred to, and maintained on, computers located outside of the UK where the privacy laws may not be as protective as the UK GDPR. 

We may transfer your Personal Data to countries that have been deemed by the UK to provide an adequate level of protection for personal data. Where this is not the case, we use standard contractual clauses when we transfer your personal data to third parties outside the UK, and we use supplementary security measures to ensure that adequate safeguards are applied to your Personal Data. To obtain a copy of these contractual safeguards, please contact us using the contact details set out in the Contact Us section.

9. Children

The Site and our services are not intended for use by anyone under the age of 16. We do not knowingly collect or solicit Personal Data from anyone under the age of 16 or knowingly allow such persons to register for the Site. In the event we learn that we have collected Personal Data from a child under the age of 16 without verification of parental consent, steps will be taken to remove that Personal Data. If you believe that we have or may have Personal Data from or about a child under 16 of age, please contact us at Privacy@gomotive.com

10. Changes to this Policy

We constantly strive to improve our Services and provide our Site visitors with more features and the best possible experience. Any information that we collect from you is subject to this Policy as in effect at the time such information is collected. We may, however, modify and revise this Policy from time to time. If we make any material changes to this Policy, we will notify you of such changes by posting them on the Site 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 Policy have been posted and become effective, that means you agree to all of the changes.

11. Contact Us

Please don’t hesitate to contact us toll-free at +44 800 055 6684 or by email at privacy@go motive.com or by mail at Motive Technology UK Limited 2nd Floor, 1-5 Clerkenwell Road, London, England EC1M 5PA if you have any questions about our Policy or to exercise your rights hereunder.

APPENDIX A

A LIST OF MOTIVE AFFILIATES AND PARTNERS

• Motive Technologies, Inc.
• Motive Technologies MX
• Motive Technologies Canada, Inc.
• Motive Financial products LLC
• Motive Technologies Netherlands
• Motive Technologies, Inc, Taiwan Branch
• ABS-Labs Pvt Ltd.
• KeepTruckin India Private Ltd.