Privacy Shield Statement

Last Updated 3/26/2018
Statement of Participation in the EU-US Privacy Shield Framework
This Statement complies with the EU-U.S. Privacy Shield Framework (“Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use, and sharing of personal information transferred from the European Union to the United States.
Please see confirmation of our Privacy Shield certification here.
This Privacy Shield Statement describes how Motivosity collects, uses, and transfers data from the EU to the US. Please also refer to the Motivosity Privacy Policy at https://www.motivosity.com/legal/privacy.html.
Definitions
Motivosity Service: Motivosity’s website and SaaS Products
Content: any information or data that you upload, submit, post, create, transmit, store or display in a Motivosity Service.
Information: all of the different forms of data, content, and information collected by us as described in this Privacy Policy.
Personal Information: information that may be used to readily identify or contact you as an individual person, such as: name, address, email address, title, department, hire date, and birth date.
Aggregate Information: information that may be used to help Motivosity and its customers understand product usage. This information is not connected with a specific user.
SaaS Products: Motivosity’s online hosted solution as well as other Motivosity hosted solutions that display a link to this Privacy Policy. For the avoidance of doubt, if a Motivosity hosted solution displays a link to a different privacy policy, then that other privacy policy shall apply.
Privacy Shield
Motivosity complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union to the United States. Motivosity has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/
Motivosity uses the EU Data Protection Authority for Privacy Shield complaints. The complaint handling system can be found here: https://www.privacyshield.gov/assistance. Motivosity also offers complaint assistance which can be accessed by contacting privacy@motivosity.com.
Motivosity agrees to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.
Disclosure of Information to Third Parties
Motivosity will not disclose Personal Information to any third party. Personal information exists in Motivosity at the request of the person's employer and is considered by Motivosity to belong to the employer who has contracted to use the Motivosity service. Motivosity takes all reasonable efforts to secure and maintain privacy for the Personal Information.
Motivosity may transfer Personal Information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your Personal Information to other countries, we will protect that information as described in this Privacy Policy.
Liability regarding onward transfer of Personal Information
Pursuant to the Privacy Shield program, Motivosity Inc. remains accountable, as described in the Privacy Shield Principles, for Personal Information that it receives under the Privacy Shield and subsequently transfers to a third party. In particular, Motivosity remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the Personal Information on its behalf do so in a manner inconsistent with the Principles, unless Motivosity proves that it is not responsible for the event giving rise to the damage. Motivosity commits to cooperate with the DPAs and comply with the advice given by such authorities with regard to Personal Information transferred from the EU in the context of the providing its Services.
Motivosity will not disclose Personal Information to any third party unless such request falls under the investigatory and enforcement powers of the US Federal Government.
Options for Accessing, Managing, and Disclosing Personal Information
All individuals with Personal Information in Motivosity have access to that information. That information can be accessed at https://app.motivosity.com with the right username & password
Some Personal Information may be hidden on an individual basis as allowed in the 'my profile' section of the application. The person's birthday year is never displayed within Motivosity to other users. Except as enumerated in the 'Personal Information' definition, all user-related identifying information in the Motivosity user profile is managed by the person and is 100% voluntary. For more information, see http://help.motivosity.com/2017/05/18/profile-page/
Personal Information exists in Motivosity at the request of the person's employer and is considered by Motivosity to belong to the employer who has contracted to use the Motivosity service. In cases where an employee wishes for Motivosity to not include the employee's Personal Information within the service, the employee must contact his or her employer to request removal from the system.
Enforcement and required disclosure
Our commitments under the Privacy Shields are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. We may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Under such circumstances, we may be prohibited by law, court order or other legal process from providing notice of disclosure.
Inquiries and Arbitration
If you believe that we maintain copies of your Personal Information within the scope of the Privacy Shields, you may direct any inquiries to privacy@motivosity.com or via mail to: Motivosity Trust and Compliance, 51 West University Pkwy, Orem UT 84058. We will respond to your inquiry within 45 days of receipt and verification of your identity. If we fail to respond during that time, or if we don’t address your concern, you may engage in binding arbitration through the Privacy Shield Panel.
Security
Motivosity uses reasonable and appropriate measures to protect personal data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account any inherent risks and the nature of the personal data involved.
Motivosity is a SaaS company that operates within segregated private datacenters as well as the public cloud. Data collected by Motivosity is co-located in secure locations operated by Amazon (AWS) in the United States.
Motivosity utilizes AWS data centers in the following locations: US East (Northern Virginia), US West (Northern California).