Motive LMS Privacy Policy

This Privacy Policy explains how Harley Interactive, Inc. d/b/a Motive Learning and its affiliates (“us”, “we”, or “our”) use and disclose information that we collect from people who visit our websites or who use our System. This Privacy Policy forms part of our Terms of Service, which are available at http://www.motivelearning.com/termsofservice.html. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Terms of Service. Please note that this Privacy Policy does not apply to any of our products or services that have a separate privacy policy or are provided under agreements with differing terms.

1. Information We Collect

  1. Information You Provide to Us

    When you create or access an account through our System, we collect information you provide to us in connection with the registration and management of your account, which may include but is not limited to, your name, company name, position or title, e-mail address and e-mail preferences, user ID, password for your account, mailing address, billing address, and payment information. When you leave us feedback, we will collect any information that is contained in your feedback. When you contact us by calling us or sending us an e-mail, message, or letter, we will collect your phone number, e-mail address, or address and any information contained in the phone call, e-mail, message, or letter you send us.

  2. Information Collected Automatically

    As you use our websites and System, certain information may also be sent to us automatically through your browser or device, including your Internet protocol address, location data, browser type, version, language and time zone settings, browser plug-in types, type of device you are using, and operating system. We may also store a small text file called a “Cookie” on your computer to store certain information about you and your activities on the System, which enables System features and functionality. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer for a period of time until you delete them). If you object to such automatic collection of your data, you can opt out of automatic collection by referring to your web browser’s or device’s options or settings menu, or you can contact us. However, opting out may disable some portions, features or functionality of our websites or System. Each browser and device is different, so check the "Help" menu of your browser or device to learn how to change your preferences.

  3. Information Collected from Other Sources

    From time to time, we may gather publicly available information about you from other third party sources, such as where you are located, your public profiles, industry and company size. We may associate this information with the other information we have collected about you.

2. How We Use Your Information

We may use your information you provide us for a variety of purposes, such as:

  1. To provide our websites and System, for example, to set up and maintain your account and charge you or your company for access to the System;
  2. To send you business messages such as those related to System notifications, payments, subscription renewals, or changes to our Terms of Service or Privacy Policy;
  3. To answer any billing, account or technical inquiries from our Customer or Users;
  4. To measure and improve the effectiveness of our websites and marketing efforts;
  5. To communicate with you about additional products and services that may be of interest to you;
  6. To provide you with accurate and high quality customer service, including responding to your inquiries and troubleshooting; and
  7. To meet legal and regulatory requirements.

3. How We Share Your Information

It is our policy not to share your information gathered through the websites or System with third parties. However, there are instances where we may share your information with a third party, including:

  1. where we are legally required to do so, such as in response to court orders or legal process, or to establish, protect, or exercise our legal rights or to defend against legal claims or demands;
  2. if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person;
  3. if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the System infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of our websites’ infrastructure or the System generally);
  4. to our parent company, subsidiaries, joint ventures, or other companies under common control;
  5. if we are acquired by or merged with another entity (in which case we will require such entity to assume our obligations under this Privacy Policy or inform you that you are covered by a new privacy policy);
  6. if this information is not private, is aggregated or is otherwise public information; and
  7. to our affiliates, agents, contractors, and service providers in order to facilitate the functioning of the System or to perform tasks that are integral to the System, such as processing transactions, fulfilling requests for information, or providing support services or other tasks.

4. Children

We do not intentionally gather information from people who are under the age of 13. If you are under the age of 13, do not use the websites or System. If a child has provided us with personal data we ask that a parent or guardian contact us with the child’s name and we will do our best to delete the information from our files.

5. Other Sites

Our provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or locations or their contents. We have no control over, do not review, and cannot be responsible for such outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to outside websites.

6. How We Store Your Information

While no transmission of information over the Internet is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take appropriate and reasonable measures to do so. Your information is maintained in secure facilities, protected from unauthorized access, and retained only as long as is reasonably required for our legitimate business purposes.

7. User Consent

By using our websites or System, you agree to the terms of this Privacy Policy. You also expressly consent to the use and processing of your information according to this Privacy Policy. If you do not consent, you must stop using the websites and System.

8. Your Rights

You can contact us to obtain a copy of your personal data held about you by us. You can also ask us to correct and, where relevant, erase that information. Please note that certain information may need to be retained by us for a period of time following cancellation of your account where this is necessary for our legitimate business purposes or required or authorized by applicable law.

9. Users in the European Union (EU) and Switzerland

  1. Data Controller vs. Data Processor

    As a data controller under the EU General Data Protection Regulation (GDPR), we collect and process EU and Swiss personal data directly from individuals, either via our websites, or in connection with our Customer and vendor relationships.

    As a data processor under the GDPR, we process and store EU and Swiss personal data obtained from our Customer’s Learners and Users through the provision of the System and related services. In that context, we only process personal data on behalf of and at the instructions of our Customer, which is the data controller. When our Customer uses the System to provide access to its Learners and Users, the Customer controls the data it collects, what data is uploaded to the System, and how that data is used. The collection, use, transfer, and retention of such Customer data in our System is governed by our Customer’s privacy policy, not this Privacy Policy.

  2. Legal Basis for Processing

    We will only collect and process EU and Swiss personal data where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you) and legitimate interests. Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object.

  3. Data Transfer

    We comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively, the “Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from EU and Switzerland to the United States. We are committed to subjecting to the Privacy Shield Principles (“Principles”) all personal data received from the EU in reliance on the Privacy Shield. We have certified to the Department of Commerce that we adhere to the Principles. If there is any conflict between the terms in this Privacy Policy and the Principles, the Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. The Federal Trade Commission has jurisdiction over our compliance with the Privacy Shield.

    We commit to cooperate with the panel established by the EU data protection authorities (DPAs) and/or the Swiss Federal Data Protection and Information Commissioner, as applicable, and comply with the advice given by the panel and/or Commissioner, as applicable, with regard to personal data transferred from the EU and/or Switzerland, as applicable. We shall remain liable under the Principles if our agent processes such personal information in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage. As described in the Principles, you may invoke binding arbitration under certain conditions.

    At our Customer’s request, we will also enter into Standard Contractual Clauses deemed by the European Commission to offer adequate data protection and safeguards in relation to any transfer of personal data out of the EU.

10. Changes

We reserve the right, at any time, to modify or replace this Privacy Policy. The most recent version of the Privacy Policy will be posted to at http://www.motivelearning.com/privacypolicy.html. Please check the Privacy Policy periodically for changes, though we will also notify you via email or other direct electronic communication method of any changes that, in our sole discretion, materially impact your use of the System or the treatment of your information. Your use of the System or websites following the posting of any changes to the Privacy Policy constitutes acceptance of those changes.

11. Contact Us

Should you have any questions, concerns or complaints about this Privacy Policy, please contact us at:

MOTIVE LEARNING
125 E. Merritt Island Cswy. Suite 107-263
Merritt Island FL. 32952

info@motivelearning.com

We will respond to your request or investigate your concern as quickly as possible.