Privacy Policy
Summary
We adopted Privacy by Design and by Default as a way of thinking and acting in favor of your privacy upfront and building privacy into our services.
We wrote this privacy statement to help you understand your rights, our obligations and outline how data is treated when you interact with our website https://motiveretail.com/, and the Motive Certify Platform.
The terms “we”, “us”, “our”, “Motive” refer to “Motive Retail LLC”, our company is based in the United States of America at the following address.
We’d like to summarize our approach to privacy in a few commitments to you:
- Clearly express our privacy statement and keep it up to date – last updated 01.26.23
- Make sure to implement practices, procedures, and systems to comply with data protection law, and carry out all processing operations in strict compliance.
- Explain in plain language the type of information and the legal basis for processing personal data.
- Inform you of the purpose for which your information is collected, stored, used, and disclosed.
- Inform you on your rights to information, access, rectification, deletion, portability, objection.
- Do our best not to let you down. If you have any questions regarding our privacy practices, please contact us at info@motiveretail.com.
Our Role:
Under the EU GDPR, Motive Retail is regarded as a data processor for the Motive Certify Platform, and a data controller for the Motive Retail website.
Under CCPA, Motive is regarded as the “business”, meaning the entity that, “determines the purposes and means of the processing of consumers' personal information,” this definition mirrors the GDPR’s definition of a controller under GDP, Article 4 (7). Similarly, in order to qualify as a “service provider” under the CCPA an entity must, in part, “process information on behalf of a business under CCPA, Section 1798.140(v)).”
Therefore, from the data protection perspective, we act as a data processor for the information collected through the Motive Certify Platform and a data controller for the information collected through our website.
You can contact us at:
PO Box 836
Longmont
Colorado 80502
USA
Definitions of the Terms
For the purposes of this Privacy Policy, the following terms, are derived the EU GDPR, shall have the following meaning:
- "Personal Data" means any information relating to an identified or identifiable natural person; an "identifiable natural person" is defined as a natural person who can be identified, directly or indirectly, by reference to an identification number or to one or more elements unique to him/her. To determine whether a person is identifiable, all means of identification available or accessible to the Data Controller or any other person must be considered.
- "Data Subject" refers to a natural person whose Personal Data is processed.
- "Data Controller" means Motive Retail, who determines the purposes and means of the Personal Data Processing.
- "Processing" means any operation or set of operations involving Personal Data by the Data Controller or on behalf of the Data Controller, regardless of the process used, and the collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination, or any other form of making available, reconciliation or interconnection, as well as limitation, deletion or destruction.
Motive Retail Website
Collection and Processing of your Personal Data
Personal Data We Collect
At Motive Retail, we collect and process only personal data relevant for the purpose to be achieved. When ordering or registering on our site, as appropriate, you may be asked to enter the following:
Positions Available:
We ask for you to send your resume to please email your resume to humanresources@motiveretail.com.
Your CV/ resume may contain the following:
- Name
- Email address
- Phone number
- Physical address (optional)
- History of work and education
If you are an applicant from the EU/ EEA, we assess this information against the job requirements for our recruitment purposes only. The applied legal basis for these activities is our legitimate interests (GDPR Art. 6.1.f)
Report an Anonymous Security Incident
In order to comply with SOC2 requirements, we established a form where your comments are anonymous to inform us of any security incidents. You can reach the form here: https://motiveretail.com/security.
Contact form for the Motive Certify Platform
- Name
- Email address
- Mailing address
- Phone number
- Company name
- Industry: Automotive, Construction, Heavy-Duty Trucking , Powersports, Agriculture or other;
- Business Type: OEM, Dealer, Dealer Service Provider, or other;
- Other details you provide to us when you contact us
We collect this information when you wish to inquire about a free consultation regarding the Motive Certify Platform.
How Do We Use Your Information?
We use the information we collect from you when you fill out the contact form for the free consultation regarding the Motive Certify Platform to do the following:
- To respond to customer service requests you send to us
- To perform contracts you enter with us
- To fulfill legal obligations to which we are bound
- To inquire how we can personalize and direct you to the department regarding the Motive Certify Platform.
How We Protect Your Personal Data
- Secure Network: Your personal data is contained within secured networks
- Access Control: Your personal data is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
- Encryption: Sensitive personal data you supply are encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user enters, submits, or accesses their data to maintain the safety of your personal data.
Links to Third Party Sites / Third Party Services
The websites, www.motiveretail.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Motive Retail and Motive Retail is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Motive Retail is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Motive Retail of the site or any association with its operators.
Certain services made available via www.motiveretail.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.motiveretail.com domain, you hereby acknowledge and consent that Motive Retail may share such information and data with any third party with whom Motive Retail has a contractual relationship to provide the requested product, service or functionality on behalf of www.motiveretail.com users and customers. For further detail please refer to our Terms and Conditions, https://motiveretail.com/terms-and-conditions.
Third Party Disclosure
Under both the CCPA and The EU GDPR, we do not sell, trade, or otherwise transfer to outside parties your personal data. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the legal requests, enforce our site policies, or protect ours or others’ rights, property, or safety.
Our third-party service providers do not have any right to use the information we share with them beyond what is necessary to assist us.
Use of Cookies
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows us or a third party to recognize you and make your next visit personalized and easier, recognizing your device and storing some information about your preferences or past actions. Cookies can be "persistent" or "session" cookies. Session cookies are deleted at the end of the session, whereas persistent cookies remain stored in the device until they expire.
A distinction is made between first-party cookies and third-party cookies. First-party cookies originate from the respective web service or application used (i.e. Motive Certify Platform), while third-party cookies originate from other companies (e.g., web traffic analysis) for our advertising and marketing efforts.
More specifically, we use cookies and other tracking technologies for the following purposes:
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you that amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but that will cause some parts of the site to not work. These cookies do not store any personally identifiable information.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. If you do not allow these cookies, we will not know when you have visited our site and will not be able to monitor its performance.
Marketing Cookies
We also use marketing cookies that deploy a cookie when a user interacts with marketing communications, such as a marketing email or a marketing-based landing page on our website. This cookie collects personal information such as your name, which pages you visit on our website, how you arrived at our website. Collected information is used to evaluate the effectiveness of our marketing campaigns or to provide better targeting for marketing.
The placement of analytical, and marketing cookies takes place under the legal basis of visitors’ consent (GDPR Art. 6.1.a); necessary cookies for our website to operate and do not require consent but are placed under our legitimate interests (GDPR Art. 6.1.f) or are legitimized by the necessity to perform the contract (GDPR Art. 6.1.b).
The following cookies are used on Motive Retail website and Motive Certify Platform:
| Cookie | Domain | Type | Description | Duration |
| applicationName | certify.motiveintegrator.com/login | First Party Cookie (FPC) | To enable authentication | Never |
| COOKIE_SUPPORT | certify.motiveintegrator.com/login | FPC | Necessary to provide the Services | 1 year |
| GUEST_LANGUAGE_ID | certify.motiveintegrator.com/login | FPC | Set/Recognize the language | 1 year |
| JSESSIONID | certify.motiveintegrator.com/login | FPC | Authentication | Session Cookie |
| LFR_SESSION_STATE_ZZZZZ | certify.motiveintegrator.com/login | FPC | Authentication | Session Cookie |
| _ga_H2T0CRWYVN | motiveretail.com | This cookie is installed by Google Analytics | 2 years | |
| _ga | motiveretail.com | It calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors. | 2 years | |
| __hstc | motiveretail.com | It tracks visitors. | 5 Months and 27 days |
Your Rights
Rights Under the EU GDPR
If you require additional and personalized help understanding Motive Retail’s privacy statement or the services – we are very happy to hear from you via email. Please email us at info@motiveretail.com.
As a visitor/ user of the Motive Retail website, as a data controller of the website, if you are from the EU/EEA you have the following rights:
- Object against the processing of your information. If we process your information for our legitimate interests (e.g., for direct marketing emails or for our marketing research purposes), you can object to it. Let us know what you object against, and we will consider your request. If there are no compelling interests for us to refuse to perform your request, we will stop the processing for such purposes. If we believe our compelling interests outweigh your right to privacy, we will clarify this to you.
- Access your information. You have the right to know what personal data we process. As such, you can obtain the disclosure of the data involved in the processing, and you can obtain a copy of the information undergoing processing.
- Verify your information and seek its rectification. If you find that we process inaccurate or out-of-date information, you can verify the accuracy of your information and/or ask for it to be updated or corrected.
- Restrict the processing of your information. When you contest the accuracy of your information, believe we process it unlawfully, or want to object against the processing, you have the right to temporarily stop the processing of your information to check if the processing was consistent. In this case, we will stop processing your data (other than storing it) until we are able to provide you with evidence of its lawful processing;
- Delete your personal data. If we are not under the obligation to keep the data for legal compliance and your data is not needed in the scope of an active contract or claim, we will remove your information upon your request.
- Transfer your personal data to another organization. Where we process your personal data on the legal basis of consent you provided us or on the necessity to perform a contract, we can make, at your request, your data available to you or to an organization of your choosing.
We are required to get back to you within 1 month (30 calendar days). Should the request be complex or taking into account the number of requests, we may extend it two further months, but we will inform you accordingly.
Rights Under the CCPA
The California Consumer Privacy Act (CCPA) gives Californian consumers certain rights over how businesses collect, use, and process their personal information. The CCPA ensures that Californians can:
Buy goods and services online without opting into online marketing,
- Opt out of marketing without the risk of discrimination, and
- Ask businesses to delete their personal information after it's collected
Therefore, the CCPA requires business privacy policies to include information on consumers' privacy rights and how to exercise them: the Right to Know, the Right to Delete, the Right to Opt-Out of Sale and the Right to Non-Discrimination.
To exercise these rights or inquire further information, kindly write an email to info@motiveretail.com.
Motive Certify Platform
Under both the CCPA and the EU GDPR, Motive Retail is seen as a data processor/ service provider for the Motive Certify Platform.
We process the following information on behalf of our clients during the duration of the contract (GDPR Art. 6(b).
| Processing Activity | Purpose | Categories of Personal Data |
| Registration at Motive Retail Certify Platform / Creation of account | Verifying and enabling access into the Motive Certify platform. | First & last name, business email, password, company name, eventually business telephone number |
| Magic link process of email authentication | Allows the controller to create a new user, be it a publisher or a subscriber, especially EU users. | First & last name and business email |
| Adding New User | Allows the controller to add/create a user into the Motive Retail certify platform. | First & last name, business email, company name, job title, phone number home country, and oversight countries |
| Manual process of email authentication | To authenticate the users. | Business email |
| Setting password | Using the email of the user of the client to send the information to set their password to use Certify. | Business email |
| Authentication Cookies | authentication cookies are used in the integration information programs on who these individuals are. | Business email |
| Project Management Support | Integrations are treated as a project. i.e. tasks and documentation (e.g. automated reminders based on their emails). | Business emails, first and last name |
| Project Notes | To enable users and motive personnel communication regarding the whole project. | Business email |
| Test Comments | To enable users and MR personnel communication regarding the testing level to review the test progress in each stage. In the comments people can be tagged, mostly MR personnel which is sent to the email address of the tagged person. | First and last name |
| Communications | Add Announcement and Alerts regarding Motive Retail products and tied back to the user table. | Business emails, first and last name |
| Test Case Assignment | To review a test case of a client from MR personnel. | Business email |
| Reporting | Specific to test cases, the reporting is more KPI oriented about how the test went. | Business email |
| Create Inactive Users | Where requested by the client, Motive creates inactive users of the employees requested as required by the client. | Business email |
| Forget Users | Motive 'forgets users' i.e. fully anonymized all their data from the certify platform. | Business email |
| Managing existing customers via JIRA Support Desk | To support customers with technical and administrative matters. | First & last name, business email, company name, eventually business telephone number |
| Passed Ticket Creation | To document resolved tickets of the client's users. | First & last name, business email, company name, Q&A |
| Kicking Off Certification Projects | Set up the preconditions for the certification projects. | First and last name, business email and company name |
| Adding Users | Adding the relevant publisher and subscribers users is done through the demand of the customer. | First and last name, business email and company name |
| Demo Account Demonstration | Call set up to demonstrate to users how the Motive Retail certify platforms works. | First and last name, business email and company name |
| JIRA Helpdesk | Jira helpdesk is used to support clients tickets for support. | First and last name, business email and company name |
| Account Designation | Motive users are able to assign themselves to an account to support//assist in certify. | First and last name, business email and company name |
| Assigning Ticketing | When tickets are made by the users in certify, Motive Retail can assign themselves the tickets that need to be addressed. | First and last name, business email and company name |
| JIRA Passed Tickets | User must create a Jira account to access pass tickets. | First and last name, business email and company name |
| Escalation Process | Process when an issue from a user is escalated to the team regarding the issue. | First and last name, business email and company name |
| Answer Comments | In the certify platform, support answers users comments on tests. | First and last name, business email and company name |
Right of Data Subjects to be Informed
Under the GDPR, it is the responsibility of the Data Controller to provide the information to the Data Subjects on the Processing operations at the time of data collection.
Exercise of Data Subject’s Rights
Under the EU GDPR, it is the Data Controller grants requests to exercise the rights of the Data Subjects (right of access, rectification, deletion and opposition, right to limit the Processing, right to data portability, right not to be the subject of an automated individual decision, including profiling) and will give appropriate instructions to the Data Processor in due course. As far as possible, the Data Processor shall assist the Data Controller in fulfilling his obligation to comply with requests to exercise the rights of the Data Subjects.
Changes
We are committed to keeping you informed of how data is being handled. If we make material changes to this document, we will notify you by sending an email to you. We will also update the “last updated” in the summary section. If we let you know of changes through email communication, then the date on which we send the email will be deemed to be the date of your receipt of that email.