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Privacy Statement

Effective: July 21, 2020

Policy Statement

MotionPoint Corporation, including its subsidiaries and affiliates (collectively, "MotionPoint", "we" or "us"), respects rights to privacy, and is committed to protecting that privacy through compliance with this Privacy Statement (this "Statement"). We know that you care how information about you is collected, used and shared. We have created this privacy policy to tell you about our most current policies regarding how we collect, use and share information collected about you from www.motionpoint.com and our other websites, from correspondence with you and occasionally from our business partners or other third party sources, and to answer your questions regarding our privacy practices. Specifically, this Statement applies to the processing by us of Personal Information submitted by or regarding Data Subjects, including:

our customers and prospective customers, through our websites, applications, third-party sources, third-party websites, and third-party applications;
visitors to our business customers’ websites via the Platform and other technology;
visitors of our own websites; and
business information associated with our customers.

If you are a California resident, please see the California Privacy Rights section of this Statement.
You can navigate to any of the sections of this Statement using the links below:

Definitions
Privacy Shield
Contact Details
The Types of Personal Information We Collect
Collection of Information from Minors
How We Use Data Subjects’ Personal Information
How We Disclose or Share Personal Information
International Transfers
Security Measures We Have in Place to Protect Personal Information
Integrity, Retention & Purpose Limitation
Rights Available to Data Subjects
How You Can Opt-Out of Receiving Email from Us
Third Party Web Sites
Verification and Enforcement
Recourse
Changes to this Privacy Statement
California Privacy Rights

Definitions

To help understand the terminology used throughout this Privacy Statement

Data Subject: means the individual to whom any given Personal Information covered by this Statement relates.

Processing: means any operation or set of operations which is performed upon Personal Information, whether or not by automated means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure or dissemination, and erasure or destruction.

Controller: means a person or organisation which, alone or jointly with others, determines the purposes and means of the processing of Personal Information.

Processor: means a person or entity that processes Personal Information on behalf of the Controller.

Personal Information: means data about an identified or identifiable Data Subject, but we will treat information as Personal Information wherever necessary under applicable law.

Agent: Any third-party sub processor that processes Personal Information provided by MotionPoint on its behalf and under its instructions.

Privacy Shield

We comply with the EU-U.S. Privacy Shield Framework, including the Supplemental Principles and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce (collectively, the “Principles”) regarding the collection, use, and retention with respect to its services and certain Personal Information (as defined below) transferred from the European Union and Switzerland to the United States, respectively.

We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. If there is any conflict between the terms in this Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield programme, and to view our certification, please visit https://www.privacyshield.gov/.

The United States Federal Trade Commission holds jurisdiction and enforcement authority over MotionPoint’s compliance with the Principles.

About MotionPoint
We are a global technology company that localises, translates, and optimises websites for businesses with customers located across geographic boundaries.

Our Globalization Platform and supporting applications and technology (collectively, the “Platform”) is a high-performance solution that enables customers to expedite entry and expansion into global markets.
This solution is based on a business-to-business model through which enterprises, via the Platform, deliver a context-relevant web presence in strategic markets.

Through this solution, we do not have a direct relationship with Data Subjects, but share the responsibility to protect end-user privacy with its business customer. Under this circumstance, our business customer is the Data Controller, and we are the Data Processor, that processes data on instruction from that Data Controller.

In other contexts, such as when we engage in marketing and sales efforts to business prospects, we may bear a direct relationship with Data Subjects who represent such business prospects. Under these circumstances, we are the Data Controller. In some cases, we may use vendors who are Data Processors.

Contact Details

Data Subjects can contact us with general questions about this Statement at privacyofficer@motionpoint.com, or via U.S. or international post at:

MotionPoint Corporation
4661 Johnson Road, Suite 14
Coconut Creek, FL 33073
Attn.: Privacy Officer

As a Data Subject, if you wish to exercise any rights under data protection law or this Statement, please fill out the form available at: https://www.motionpoint.com/request/

The Types of Personal Information We Collect

In the course of providing services and engaging in business functions such as sales and marketing efforts, we may collect and use various types of Personal Information submitted by or regarding Data Subjects.

Such Personal Information may include your name, email address, physical address, phone number, birth date, company name, information from social media accounts such as LinkedIn and Twitter, and job functions.

We collect Data Subject’s Personal Information through various methods, including websites, correspondence, third-party sources, business customers, and technical methods.

Through our Website. We collect Personal Information from a Data Subject if the Data Subject chooses to fill out any forms, profiles, or surveys on MotionPoint.com.

Correspondence. If a Data Subject sends us a correspondence, such as emails or letters, or through our “contact us” form, we may collect Personal Information about Data Subjects within such correspondence.

Third-Party Sources. We may receive a Data Subject’s Personal Information from one of our business partners or other third-party sources. For example, our sales and marketing teams might receive and collect Personal Information that a Data Subject provides or creates through LinkedIn or other social media platforms, or from other third-parties, for purposes of selling MotionPoint’s services to a business.

Business Customers. In the context of providing solutions to its business customers, we may collect and Process Personal Information submitted by or regarding Data Subjects on our business customer websites, as well as certain data elements relating to the operation of MotionPoint’s solution, website visitor statistics, and traffic on its network. Such data elements may include Internet Protocol Addresses, website access log data, and website performance data.

Technical Methods. We may collect Personal Information about Data Subjects through a variety of technical methods, including the following:

Internet Protocol Addresses when a Data Subject visits, accesses or uses MotionPoint.com, the Platform, or other MotionPoint technologies, in the context of providing solutions to our business customers, and from third-party solutions, technologies or applications.

Through the use of cookies, web beacons and other tracking technologies set on a Data Subject’s computer by us or its third-party service providers. You can read more about how we use cookies, web beacons and other tracking technologies and how Data Subjects can manage their preferences in MotionPoint’s Cookie Policy.

The information collected through these technical methods cannot usually be used to determine your identity. We will treat this information as Personal Information as necessary under applicable law or if we combine it in a way that makes it become Personal Information.

Some browsers have "do not track" features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. Instead, we collect, use, and share information as described in this Statement regardless of a "do not track" choice

Collection of Information from Minors

MotionPoint.com is intended to be accessed and used only by adults and is not directed to minors and children under the age of 18. We do not knowingly collect personally identifiable information by anyone under the age of 18 and you should not provide us with any information regarding any individual under the age of 18.

How We Use Data Subjects’ Personal Information

We use Data Subjects' information to pursue specific purposes that help us to meet Data Subjects' needs and our objectives. We only do this when there is an established lawful basis upon which to process Personal Information.

Below are some examples of how we may use Data Subjects’ Personal Information:

We might use Data Subjects’ Personal Information for purposes that are required by applicable laws or regulations (for example keeping tax and invoice information).
When Data Subjects have requested a service from us or when we need to carry out its contractual obligations, we need to use Data Subjects’ Personal Information:

to fulfill requests for certain products, services or information; and
to contact Data Subjects and deliver information to Data Subjects, such as administrative notices.

Where Data Subjects have given consent, we might use Data Subjects’ information for such purposes for which the Data Subjects have given consent.
Where it is within our legitimate interests as a business, we might use Data Subjects' Personal Information. For example, we may use such Personal Information:

to analyse usage, conduct market research, improve marketing, sales, and promotional efforts, and improve and customise our content, layout, products and services;
to provide customer support and troubleshoot and resolve problems and disputes; and
to try to detect and protect against error, fraud or other criminal activity, to enforce the Terms of Use available at www.motionpoint.com (the “Terms of Use”), for other internal purposes, and as otherwise described at the time of collection.

We undertake a balancing test in relation to legitimate interests. Further information is available on request.

How We Disclose or Share Personal Information

There are some circumstances in which we disclose or share Data Subjects’ Personal Information with third parties.

Disclosure in the Normal Scope of Business: The following describes some of the ways that Personal Information is disclosed in the normal scope of business:

We aggregate Personal Information and discloses it in a non-personal manner to third party advertisers and related marketing vendors for their marketing and promotional purposes.
We use third parties to facilitate or outsource one or more aspects of its business, product and service operations (e.g. marketing vendors, data centre providers, etc.) which may mean they have access to Personal Information to provide the services to us. These are referred to as internal service providers.

From time to time, separate services may be offered by third parties on MotionPoint.com (referred to as external service providers) that may be complementary to use of MotionPoint.com.
We will provide Personal Information to an external service provider only with consent. Please note that if Data Subjects provide information to an external service provider directly, then the service provider's use of that Data Subject's Personal Information is governed by the external service provider's privacy policy.
Disclosure in the Event of a Transfer:

Personal Information collected from or about Data Subjects may also be transferred to a third party as a result of a sale, acquisition, merger, reorganization, other transfer or bankruptcy (a “Transfer”) involving us.

Disclosure in Extenuating Circumstances:

We may also share or disclose Personal Information in the following circumstances: (1) if a Data Subject is or may be violating this Statement or Terms of Use; (2) if a Data Subject is interfering with another’s rights or property, including our rights or property; (3) if a Data Subject is violating any applicable law, rule or regulation; (4) where applicable law, rule or regulation requires it; and/or (5) if requested by authorities in the event of any act such as terrorism or an instance of local, regional or national emergency.

International Transfers

We use third-party service providers, contractors, and other businesses to assist it in providing its solutions and services. In some cases, Personal Information could be transferred to third parties located in regions that may not offer the same legal protections for Personal Information. However, we will take steps directed to protecting Personal Information in accordance with this Statement.

In the event that Personal Information is disclosed to a third party acting as an Agent to perform task(s) on behalf of and under our instructions, we will transfer the Personal Information only if we first ascertains that the Agent subscribes to the Principles or another adequacy finding or enters into a written agreement with the third party requiring the Agent to provide at least the same level of privacy protection as is required by the relevant Principles; and the conditions of the transfer do not contradict the Principles. Transfer of Customer Personal Data outside the EEA are subject to MotionPoint putting in place adequate safeguards under Data Protection Law for such transfers and notifying the Customer of the safeguards in place prior to any such transfer. These safeguards include the Standard Contractual Clauses.

If a third party to which we have disclosed Personal Information covered by this Statement is processing such Personal Information in a way that is inconsistent with this Statement and/or the Principles, we will take reasonable steps to prevent or stop such processing. We will remain liable under the Principles for any processing carried out by the third party which violates the Principles, unless we prove it is not responsible for the event which gives rise to the violation.

Security Measures We Have in Place to Protect Personal Information

We apply technical and organisational measures to protect Personal Information covered by this Statement from loss, misuse and unauthorised access, disclosure, alteration or destruction. These measures take into account the risks involved in the processing, the nature of the Personal Information, and industry best practices for security and data protection. Although we strive to keep your personal information secure, no security measures are absolute. Use caution when transmitting Personal Information over the Internet.

Integrity, Retention & Purpose Limitation

We only collect Personal Information covered by this Statement for the above-stated purposes and retains Personal Information only for as long as is necessary or required by law. To the extent necessary for those purposes, reasonable steps shall be taken to ensure that the Personal Information is reliable for its intended use, accurate, complete and current.

When determining the relevant retention periods, MotionPoint takes into account factors including:

its contractual obligations and rights in relation to the information involved;
legal obligation(s) under applicable law to retain data for a certain period of time;
statute of limitations under applicable law(s);
our legitimate interests;
potential disputes;
retention periods set by our business customers who are the Data Controller; and
guidelines issued by relevant data protection authorities.

Otherwise, we securely delete or anonymize Personal Information where it no longer requires it for the purposes it was collected.

Rights Available to Data Subjects

We recognise the importance of giving Data Subjects control of their Personal Information. By law, Data Subjects have a number of limited rights concerning the Personal Information collected and processed by businesses like us. Further information and advice about Data Subjects' rights can be obtained from the national data protection regulator. To exercise any of these rights, please contact us using the Contact Details set out above.

The right to be informed. Data Subjects have the right to information about how their information is collected and processed – this is why we provide this Statement.

The right of access. Data Subjects have the right to obtain access to their Personal Information (if it is processed by us), and certain other information (similar to that provided in this Privacy Statement). This is so that Data Subjects are aware and can check that we are using their Personal Information in accordance with data protection law.

The right to rectification. If it is inaccurate or incomplete, Data Subjects may request that we amend the Personal Information held about them. Data Subjects can request such rectification by contacting us in the way set out above.

The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables Data Subjects to request the deletion or removal of their information held by us.

The right to restrict processing. Data Subjects have the right to ‘block’ or suppress further use of their information. When processing is restricted, we may still store Personal Information, but will not use it further.

The right to object to processing. Data Subjects have the right to object to certain types of processing, including processing for direct marketing (i.e. receiving direct marketing communications).

The right to data portability. Data Subjects have the right to obtain and reuse their information for their own purposes across different services. For instance, if the Data Subject wishes to switch to an alternative service provider, data portability enables them to move, copy or transfer their information easily between our IT systems and theirs safely and securely, without affecting its usability.

The right to lodge a complaint. Data Subjects have the right to lodge a complaint about the way we handle or process their information with the national data protection regulator.

The right to withdraw consent. If a Data Subject has given their consent to anything we do with their information (i.e. we rely on consent as the legal basis for processing their information), Data Subjects have the right to withdraw consent at any time.

How You Can Opt-Out of Receiving Email from Us

Data Subjects may also opt out of receiving marketing communications via email from us by following the unsubscribe instructions that accompany such marketing communications.

Third Party Web Sites

MotionPoint.com may include links to other third party Web sites. Such links are not an endorsement by us of those Web sites and/or the products or services offered there. Third party Web sites may have different privacy policies and we are not responsible for the privacy practices of those third party Web sites. If you click on a link to a third party Web site, we encourage you to check the privacy policy of that Web site, as it may differ substantially from that of this Statement.

Verification and Enforcement

We have verified and will verify annually that the attestations and assertions made about this Statement are true and correct. We will annually verify that its privacy practices have been implemented as represented in this Statement and in accordance with the Principles. We also commit to remedying issues identified.

This verification has been and will be signed by a corporate officer or other authorised representative of MotionPoint at least once a year and is available upon request by individuals or in the context of an investigation or a complaint about non-compliance.

The verification will include the following:

That our published Statement is accurate, comprehensive, prominently displayed, completely implemented and accessible;
That the Statement conforms to the Principles;
That individuals are informed of any in-house arrangements for handling complaints and of the independent mechanisms through which they may pursue complaints;
That it has in place procedures for training employees in its implementation and disciplining them for failure to follow it;
That it has in place internal procedures for periodically conducting objective reviews of compliance with the above.

All MotionPoint employees that have access to Personal Information covered by this Statement in the U.S. are responsible for conducting themselves in accordance with this Statement. Failure of a MotionPoint employee to comply with this Statement may result in disciplinary action up to and including termination.

We will investigate and attempt to resolve any complaints and/or disputes regarding the processing of personal information in accordance with the principles of this Statement.

Recourse

We are committed to transparency in the procedure it uses to respond to enquiries and complaints concerning its processing of Data.

We will endeavour respond to any such enquiries or complaints within forty-five (45) days.

If a Data Subject’s question or concern cannot be satisfied through this process, we have committed to refer unresolved privacy complaints under the Principles to an independent dispute resolution mechanism operated by JAMS; and at no cost to the complaining party for hearing the complaint. Information regarding JAMS’ dispute resolution services, including instructions for submitting a complaint may be found by visiting: https://www.jamsadr.com/eu-us-privacy-shield.

In instances where other redress possibilities have been exhausted under EU law, or where the complaint has not been resolved by any other means, we shall provide EU end users a binding arbitration option before the Privacy Shield Panel.

We acknowledge that any final decision by the Privacy Shield Panel is a legally binding decision, enforceable in US courts.

We shall cooperate with the United States Federal Trade Commissions and any data protection authorities of the EU Member States (“DPAs”) and/or the Swiss Federal Data Protection and Information Commissioner (“Commissioner”) in the investigation and resolution of complaints that cannot be resolved between us and the complainant that are brought to a relevant DPA.

Changes to this Privacy Statement

This Statement is effective as of the date above. It shall remain in effect except with respect to any changes in its provisions, which will be in effect immediately after being posted on this page.

We reserve the right to update or change its Statement at any time. If we make any material changes to this Statement, we shall place a prominent notice on its website.

California Privacy Rights

Categories of personal information we collect, where we collect it from, why we collect it, and who we share it with

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household (“personal information”).

We use the personal information we collect for our operational purposes or other purposes set out in this Privacy Statement.

Those purposes may include:

Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting advert impressions to unique visitors, verifying positioning and quality of advert impressions, and auditing compliance with this specification and other standards.
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
Debugging to identify and repair errors that impair existing intended functionality.
Short-term, transient use, provided the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer's experience outside the current interaction, including, but not limited to, the contextual customisation of adverts shown as part of the same interaction.
Performing services on behalf of our business customers, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
Undertaking internal research for technological development and demonstration.
Undertaking activities to verify or maintain the quality or safety of our services, or to improve, upgrade, or enhance our services.

For additional information, see The Types of Personal Information MotionPoint Collects, How MotionPoint Uses Data Subjects’ Personal Information, and How MotionPoint Discloses or Shares Personal Information.

To help you understand our privacy practices, the following table shows, for the past twelve (12) months: which categories of personal information we have collected, the categories of sources from which we collected personal information, our business or commercial purposes for collecting the information, and the categories of third parties with whom we have shared personal information:

Category of Personal Information	Sources	Purposes	Third parties shared with
Identifiers such as name, postal address, Internet Protocol address, email address, or other similar identifiers	Consumer Business partners Third-party data providers	To perform services on behalf of our business partners To analyse usage, conduct market research, improve marketing, sales, and promotional efforts, and improve and customise MotionPoint's content, layout, products and services To market our services to new customers To communicate with consumers	Service providers Business partners (as part of our provision of services)
Categories of personal information described in Cal. Civ. Code § 1798.80(e) such as name, address, telephone number, education, employment, employment history	Consumer Business partners Third-party data providers	To perform services on behalf of our business partners To analyse usage, conduct market research, improve marketing, sales, and promotional efforts, and improve and customise MotionPoint's content, layout, products and services To market our services to new customers To communicate with consumers	Service providers Business partners (as part of our provision of services)
Commercial information such as products or services purchased	Business partners	To perform services on behalf of our business partners
Internet or other electronic network activity information such as information regarding a consumer’s interaction with an Internet Web site, application, or advertisement	Consumer	To perform services on behalf of our business partners To analyse usage, conduct market research, improve marketing, sales, and promotional efforts, and improve and customise MotionPoint's content, layout, products and services	Service providers Business partners (as part of our provision of services)
Professional or employment-related information	Consumer Third-party data providers	To market our services to new customers	Service providers
Inferences drawn from any of the information above to create a profile	MotionPoint Third-party data providers	To market our services to new customers	Service providers

Disclosure of personal information

In the past twelve (12) months, we have disclosed the following categories of personal information of California consumers for a business purpose:

Identifiers such as name, postal address, Internet Protocol address, email address, or other similar identifiers
Categories of personal information described in Cal. Civ. Code § 1798.80(e) such as name, address, telephone number, education, employment, employment history
Characteristics of protected classifications under California or federal law
Internet or other electronic network activity information such as information regarding a consumer’s interaction with an Internet Web site, application, or advertisement
Professional or employment-related information
Inferences drawn from any of the information above to create a profile

For information on where we share personal information, see How MotionPoint Discloses or Shares Personal Information.

Your rights under California law

You have the right to ask us to send you the following information:

The personal information we have collected, used, disclosed, and sold about you.
The categories of personal information we have collected about you.
The categories of sources from which we collected the personal information.
Our business or commercial purpose for collecting personal information.
The categories of third parties with whom we share personal information.
The specific pieces of person information we have collected about you.

You have the right to ask us to delete the personal information about you that we have collected or that we maintain.

You have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes.

We do not, and will not, sell your personal information.

Non-discrimination

Your privacy rights are important. If you exercise your privacy rights under California law, we will not do any of the following in response:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through the use of discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

How California residents can submit requests

If you are a California resident and you want to submit a request to us regarding your California rights, you can submit an online request form through our portal here https://www.motionpoint.com/request/, contact us here privacyofficer@motionpoint.com, or call us, toll-free, at (954) 421-0890. If you have a pre-existing account with us, you must submit your request through that account, but you do not have to create an account with us to submit a request.

If you submit a request to delete personal information, you must separately confirm the request. After receiving your request, we will send you a separate communication with instructions on how to confirm your request to delete.

We can only respond to your request if it is verifiable. This means we are obligated to take reasonable steps to verify your identity.

If you have a password-protected account with us, we will verify your identity using our existing authentication practices for that account, but you must re‑authenticate yourself before we can disclose or delete the information related to your request.
If you do not have an account with us, we verify your identity by matching the following information you provide as part of your request with information about you we already have: name, email address, phone number.

If necessary to verify your identity, we may ask you to provide additional information that will help us do so. We will only use that additional information in the verification process, and not for any other purpose. If we cannot verify your request, we will not disclose any personal information.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.

Authorised agents

If you wish to submit a request to know or delete through an authorised agent, we require the following before we can process the request:

A notarized copy of your written permission authorising the agent to make the request, and
That you verify your identity directly with us, as explained above.

If you do not have a password-protected account, you may submit the information listed above to privacyofficer@motionpoint.com. Your authorised agent may also submit the notarized copy of your written permission to privacyofficer@motionpoint.com.

If your authorised agent has a valid power of attorney under California Probate Code sections 4000 to 4465, we may request proof of the power of attorney instead of the foregoing.

We may deny a request from an agent that does not submit proof you authorised them to act on your behalf.