Motive Energy, Inc.

Privacy Policy and Information Notice

Motive Energy, Inc. (“Motive,” “us,” “we” or “our”) is committed to maintaining the confidentiality of the Personal Information (as defined below) of our clients, employees, and website visitors. This Privacy Policy (together with our Terms of Use and any other policies referenced) identifies how we will collect and handle any Personal Information that we collect from or about you, or that you provide to us.

Our privacy practices comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (together, the “CCPA”) and other states with comparable privacy laws. Explanation of your rights under the CCPA can be found below.

If you are a resident of the European Economic Area (“EEA”), the United Kingdom (“UK”) or Switzerland, this Privacy Policy also outlines additional policies applicable to our collection and processing of your Personal Information, which can be found below.

As our services evolve and we perceive the need or desirability of using the Personal Information we collect from you in ways that are not described in this Privacy Policy, we may from time to time amend this Privacy Policy. The effective date appears at the end of this Privacy Policy. We encourage you to check our Site frequently to review the current Privacy Policy in effect and any changes that may have been made to it.

Introduction

This Privacy Policy describes how Motive collects, uses, and shares Personal Information of our clients, prospective employees, visitors to our website at www.motiveenergy.com (the “Site”), and individuals who contact us to request information. The Site and our other programs and services are referred to in this Privacy Policy as the “Services.” This Policy describes how we collect and use Personal Information (information which can be used to identify a specific individual) and anonymous data (which cannot be used to identify a specific individual).

Region specific provisions. Certain provisions of this Policy, which are clearly labelled, apply only to users who are citizens or residents of particular regions (e.g., the EEA or California). Otherwise, this Policy applies to all users of our Services, regardless of location.

Children. Our Services are not directed to children. See Protecting children’s privacy below.

What Personal Information does Motive collect?

For purposes of this Policy, “Personal Information” means information (whether stored electronically or in paper based filing systems) relating to a living individual who can be identified from that data (or from that data and other information in our possession). Attached to this Policy as Schedule 1 is a table describing the categories of Personal Information as defined in the California Consumer Protection Act. We do not collect all of the information described in Schedule 1; Sections 2.1 through 2.3 below specify the categories of information we do collect.

Personal Information and Sensitive Personal Information

Motive collects only Personal Information that is relevant for the purposes for which the data is requested. Motive does not use your Personal Information in any way that is incompatible with the purposes for which it was collected or for which you have consented.

Some of the categories of Personal Information include “Sensitive Personal Information,” and Motive may collect and maintain your Sensitive Personal Information, which includes the following (if the information is not publicly available):

Identifiers: Social security number, driver’s license, state identification card, or passport number.
Personal Information: First and last name, email address, mailing address (including zip code), telephone/facsimile numbers, and other identifying information, including the credit card number we may ask you to provide when you establish an account or utilize our Services. Please note that we do not retain any credit card information, all of which is collected and processed through third parties.
Other Data: Most data in this category includes sensitive Personal Information, such as, account log-ins, financial account information, debit or credit card numbers in combination with any required security or access code, password, or credentials allowing access to an account.
Internet Activity: the contents of a consumer’s mail, email, and text messages to and from Motive, unless Motive is the intended recipient of the communication.

Personal Information Collected about Prospective Employees

We may collect Personal Information from individuals seeking employment with Motive and entering information within the Motive employment portal on our website. We do not collect Commercial Information, Biometric Information, Internet Activity or Sensory Data from prospective employees.

Personal Information Collected from Website Visitors or Callers

We may collect Personal Information from visitors to our website and others who contact us to request information, to participate in our Services and through trade shows. When you engage in certain activities on our website, such as downloading content made available to you, we may ask you to provide certain personal information. We may also collect information directly by telephone, email, or in person.

We have a presence on social media through LinkedIn. We may collect some Personal Information when an individual links to the Site through a social media site.

In addition, our web server automatically collects and stores the following information from visitors to our Site:

We collect information from web browsers, mobile devices, and servers, including browser type, IP address, language preference, referring website, date and time of access, operating system and mobile network information.
We may also determine the approximate location of your device from your IP address. We collect and use this information to determine statistics about our website, including how many people visit our website from certain geographic regions.
Our Site uses cookies to collect this information, including Google Analytics cookies.
You can block our use of cookies through settings in your browser, although some aspects of the site may not function properly if you elect to disable cookies. Because these settings are different in different browsers, we recommend that you visit “All About Cookies,” located at www.allaboutcookies.org, where you can find comprehensive information on cookie management and blocking for a wide variety of browsers.
We obtain some information from business relationships who provide us contact information for potential purchasers of our Services, such as ZoomInfo, as well as individuals who may be interested in employment with us, our affiliates and some third parties.

We also collect aggregated and other non-personal information through our presence on social media and advertisements and information regarding our Services that we post, or allow to be posted, on social media sites. You should refer to the terms of use and privacy policies for those social media sites to learn how they collect and share personal information.

Personal Information from Vendors and Business Partners

We collect limited Personal Information about the individuals who represent our vendors and business partners in the course of our business when the representative or the company they work for is a customer or vendor of Motive. This information is limited to contact information that we use to facilitate our relationships with vendors, customers and business partners. We collect this information from:

Their employer in connection with the work they do for their employer and how that relates to the Services.
Third parties Motive works with, such as business partners, and through introductions from other individuals or companies.

When you or the company you work for interacts with Motive (for example, when we fulfill your employer’s request for goods or services), we collect the following types of Personal Information:

Contact information: such as your email address, phone number and any other information you provide relating to your work or to you personally (for example, your name, job title or other information in your email signature).
Information relating to our dealings with you or the company you work for: such as information used to administer your company account, verify financial transactions, details of goods or services that Company has exchanged with you, and information that you give us or we otherwise obtain when you interact with Company.

How does Motive use Personal Information?

Personal Information Collected about Clients

We will use this information:

to provide you with the Services that you request from us including alerts regarding the Services that you may request;
to bill you for the Services;
to carry out our obligations arising from any contracts entered into between you and us or any affiliated companies or third party vendors;
to contact you with information about products and services we offer, or that are offered by our affiliates or third party vendors;
to notify you about changes to our Services;
to comply with applicable laws and regulations.

Personal Information Collected about Prospective Employees

We will use this information:

to respond to and process your job application;
to make inquiries about you for reference purposes.

Personal Information Collected about Website Visitors or Callers

We will use this information:

to provide information you requested about our Services;
to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
to provide tailored marketing services; and
as part of our efforts to keep our site safe and secure.

Personal Information Collected from Vendors, Customers and Business Relationships

We will use this information:

to contact you in connection with the services you or your company provide to us;
to fulfill our contractual and business obligations, and ensure that you fulfill your obligations;
to confirm that you have the ability and resources to provide services to us, which may include making inquiries about your financial status and business experience, as well as your past commercial practices.

Do we disclose your Personal Information to any third parties?

Personal Information Collected about Clients

Motive does not sell your Personal Information to any third parties, or share your Personal Information to facilitate advertising goods or services by others.

Motive may share your information with service providers and contractors to provide the Services. These service providers and contractors include firms that facilitate our communications with customer and potential customers, and process payments. The Personal Information we share with service providers and contractors can include all of the categories of Personal Information that we collect. When we do, we request our services providers and contractors to agree in writing to comply with all applicable laws, such as the CCPA, and restricting that party from: selling or sharing Personal Information; using the Personal Information for any purpose other than the purpose specified the agreement; using, retaining or disclosing the Personal Information other than as specified in the Agreement; or combining the Personal Information with Personal Information the service provider or contractor receives or collects in other contexts. There are times when a service provider or contractor may engage another party to assist in providing the Services. We request the service provider or contractor to notify us in advance, and to have an agreement restricting the use, sale and sharing of the Personal Information that is similar to our agreement with our service provider or contractor.

By using our Services and providing your Personal Information, you agree that we have the right to disclose the categories of Personal Information we collect, as identified in Section 2, with our service providers for the following business purposes identified in Section 3.

There are other circumstances when we may share your Personal Information:

Merger or Sale – We may share information in conjunction with a prospective purchase, sale, or merger of all or part of our practice, provided that we take appropriate precautions (for example, through a written confidentiality agreement) so the prospective purchaser does not disclose information obtained in the course of the review. If we sell all or a part of our business or assets, or merge with another company, we will disclose Personal Information to the purchaser as part of the transaction.
Legal Proceedings – We may share Personal Information in connection with actual or threatened legal proceedings or alternative dispute resolution proceedings, either initiated by or against us, provided we disclose only the information necessary to file, pursue, or defend against the lawsuit, and take reasonable precautions to ensure that the information disclosed does not become a matter of public record.
Legal Obligations – If we are under a duty to disclose your Personal Information in order to comply with any legal obligation, or any lawful request by public authorities (including to meet national security or law enforcement requirements), or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of us, our customers, or others.

Personal Information Collected about Prospective Employees

We do not disclose any Personal Information about prospective employees and job applicants except as permitted or required by law. Personal Information about prospective employees and job applicants may be disclosed to service providers for the following business purposes:

To verify information provided on the job application.
To perform a credit check on the job applicant, but only after obtaining consent to do so.

In some instances we receive Personal Information about prospective employees and job applicants from third party services providing employment referrals. In such situations, once we receive the Personal Information we do not disclose it except as described in this section.

Personal Information Collected about Website Visitors or Callers

We do not disclose to any third parties Personal Information collected from website visitors or callers seeking additional information about our Services.

Our storage of your Personal Information

Motive uses reasonable and appropriate measures to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in processing the Personal Information and the nature of the Personal Information we collect.

We will keep your Personal Information for as long as we need it, or as otherwise prescribed by law, for the purposes set out above. This period will vary depending on your interactions with us. We may also keep a record of correspondence with you (for example if you have made a complaint about our Services) for as long as is necessary for us to defend a legal claim.

Access to other websites

Our Site may include links to and from other websites of affiliates or other unaffiliated third parties. If you follow a link to any of these websites, please note that these websites are not covered by this Privacy Policy. We are not responsible for the privacy practices of any third parties or the content of linked sites, and we encourage you to read the applicable privacy policies and terms and conditions of such parties or websites. This Privacy Policy only applies to how Motive collects and uses your Personal Information, and it does not apply to any other company or any other company’s websites even if you access them from our Site. Please check those websites’ policies before you submit any Personal Information to them.

Protecting children’s privacy

We are strongly committed to protecting the safety and privacy of children who visit our Site. Our Site is not designed nor is it intended to be used by children under 13, and we do not knowingly collect Personal Information online from children under 13. Any information collected about children is provided by parents and guardians, and not by children themselves.

Additional Policies for Residents of Certain States

Certain states have adopted privacy laws giving their residents certain rights with respect to the personal information we collect and process. Effective July 1, 2024, comprehensive privacy laws are in effect in California, Colorado, Connecticut, Oregon, Texas, Utah and Virginia. These laws afford residents of those states the rights with respect to their Personal Information set forth in this section. Schedule 2 contains a summary of the privacy laws in each of the states in which Motive does business.

Additional Policies for Residents of EEA, UK and Switzerland

In addition to the other policies described in this Privacy Policy, residents of the EEA, the UK and Switzerland have the following additional rights and protections as required by the European Union General Data Privacy Regulation (“GDPR”), and UK and Swiss data protection laws. The additional rights and protections set forth in this section of this Policy apply only to residents of the EEA, the UK and Switzerland. For ease of reference, when we refer to GDPR in this section, we are referring to the UK and Swiss data protection laws, as well as the GDPR. For the purposes of this the GDPR, Motive is a “Controller” which means Motive determines the purposes for which, and the manner in which, any Personal Information is Processed and used in its business.

Definitions

The following additional definitions apply to this section of our Privacy Policy:

“Processor” means any Person Processing Personal Information.

“Person” means a natural person, corporation, association, organization, partnership, or other legal entity.

“Process” or “Processing” is any activity that involves use of the Personal Information. It includes, without limitation, obtaining, recording or holding the Personal Information, or carrying out any operation or set of operations on the Personal Information including organizing, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring Personal Information to third parties.

The legal basis for Processing your Personal Information

In order to comply with the GDPR, we are required to set out the legal basis for the Processing of your Personal Information. The legal basis for Processing your Personal Information will be one of the following:

our own legitimate business interests, or the legitimate business interests of our third party partners, promoters, affiliates, distributors, suppliers, vendors, and subcontractors, such as, for example, providing direct marketing to our customers of our products and services that we think would be of interest, permitting prospective employees to search and apply for job opportunities, handling inquiries from our promoters, affiliates, distributors, vendors, and customers, or other instances where we have carried out a legitimate interests assessment and have established an existing legitimate interest;
the performance of a contract that we have in place with you;
your consent, where appropriate; or
compliance with our legal obligations, including to meet national security or law enforcement requirements.

Where we store your Personal Information

The data that we collect from you is stored on our servers or on servers provided by cloud service providers. By submitting your Personal Information, you agree to this transfer, storing, and Processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

The transmission of information via the Internet is not completely secure. Although we take reasonable steps to protect your Personal Information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Addendum to how long we store your Personal Information

In some cases, there is a legal requirement to keep Personal Information for a minimum period of time. Except in those circumstances, we do not keep your Personal Information for any longer than we have determined is necessary for the purposes for which the Personal Information was collected or for which it is to be further Processed.

Your rights with respect to your Personal Information

Subject to certain exceptions, you have the following rights with respect to your Personal Information:

To receive or access a copy of the Personal Information that we hold about you;
To request that any inaccurate or incomplete Personal Information be corrected or supplemented;
To have your Personal Information erased, unless we have a legitimate reason to retain the Personal Information (such as if we are required to do so for legal reasons); and
To ask us not to Process your Personal Information for a particular purpose, including for marketing.

All of these rights are subject to certain conditions and exemptions. For example, Motive will not be obligated to erase your Personal Information if we need to retain it to protect ourselves in the event of a legal claim.

To exercise any of these rights, please submit a written request to us using the contact information set forth in section 12 below. Motive reserves the right to charge a fee in dealing with such a request as permitted by applicable law and regulations. You may also opt out of receiving additional marketing information by using the unsubscribe feature in any marketing email we send you.

Conditions of use and changes to our privacy policy

If you choose to receive our Services or visit our Site, any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the State of California. If you have any concern about our privacy practices, please contact us with a thorough description, and we will try to resolve it. As our business changes, our Privacy Policy and Terms of Use may change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Site frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

Contacting us

This Site is owned and operated by Motive. If you have any questions or suggestions with respect to this Privacy Policy or our privacy practices, please e-mail us at info@motivems.com or you can contact us by mail or telephone at:

Motive Energy, Inc.

17260 Newhope St.

Fountain Valley, CA 92708

1-877-228-2339

State-Specific Requests

Please submit state-specific data requests through the procedures set forth in Schedule 2.

GDPR/UK/Swiss-Specific Requests

For residents of the EEA, the UK or Switzerland, please e-mail us at info@motivems.com or contact us by mail or telephone at:

Motive Energy, Inc.

17260 Newhope St.

Fountain Valley, CA 92708

1-877-228-2339

Updated September 2024

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