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
a.
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.
b.
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.
c.
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:
a.
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;
b.
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;
c.
To answer any billing, account
or technical inquiries from our Customer or Users;
d.
To measure and improve the
effectiveness of our websites and marketing efforts;
e.
To communicate with you about
additional products and services that may be of interest to you;
f.
To provide you with accurate
and high quality customer service, including responding to your inquiries and
troubleshooting; and
g.
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:
a.
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;
b.
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;
c.
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);
d.
to our parent company,
subsidiaries, joint ventures, or other companies under common control;
e.
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);
f.
if this information is not
private, is aggregated or is otherwise public information; and
g.
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
a.
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.
b.
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.
c.
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.