Motivosity Privacy Policy

Introduction

This Privacy Policy explains what information Motivosity, Inc collects about you and why, what we do with that information, how we share it, and how we handle the content you place in our products and services.

Scope of Privacy Policy

If you are an employee of a company that uses Motivosity, this privacy policy does not apply to you or your use of the Motivosity Service. Please refer to your employer's privacy policy, which applies to the collection, use, processing, and retention of your personal information. Individual employees wanting to correct, amend, or delete inaccurate data should direct their request to their employer, who can make these updates without Motivosity's involvement.

This Privacy Policy applies to the information that we obtain through your use of Motivosity via a "Device" or when you otherwise interact with Motivosity.

"Motivosity Service" includes our website and SaaS application, but does not include:

• Motivosity products or services for which a separate privacy policy is provided.

• Third party products. These are third party products or services that you may choose to integrate with Motivosity.

A "Device" is any computer used to access the Motivosity Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device.

Definitions

Motivosity: Motivosity’s website and SaaS Products

Content: any information or data that you upload, submit, post, create, transmit, store or display in Motivosity.

Information: all 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.

Consents

By registering for or using Motivosity you consent to the collection, transfer, processing, storage, disclosure, and other uses described in this Privacy Policy.

Account and Profile Information: We collect Personal Information about each person for whom a Motivosity account exists as requested by such person's employer. You may provide this information directly when you enter it in Motivosity, or in some cases another user (such as a system administrator) creating an account on your behalf may provide it (most commonly when your company requests that you use the service). If you are providing information (including Personal Information) about someone else, you confirm that you have the authority to act for them and to consent to the collection and use of their Personal Information as described in this Privacy Policy.

Content: We collect and store Content that you create, input, submit, post, upload, transmit, store or display in the process of using Motivosity. Such Content includes any Personal Information or other sensitive information that you choose to include (“passively-collected Personal Information”).

Personal Information can be updated when you modify your profile. Additional information will be collected about you as you interact with Motivosity.

Other submissions: We collect other data that you submit to our Website or as you participate in any interactive features of the Motivosity website or customer support experience.

Changes to our Privacy Policy

We may change this Privacy Policy from time to time. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this Privacy Policy and, in some cases, where appropriate we may provide you with additional notice (such as adding a statement to the login screen or sending you an email notification). We encourage you to review our Privacy Policy whenever you use Motivosity Service to stay informed about our information practices and the ways you can help protect your privacy.

If you disagree with any changes to this Privacy Policy, you will need to stop using Motivosity Service and deactivate your account(s).

Disclosure of Information to Third Parties

Motivosity will not disclose Personal Information to any third party without express consent to do so. 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

Motivosity Inc. remains accountable for Personal Information that it receives and subsequently transfers to a third party. In particular, Motivosity remains responsible and liable if third-party agents that it engages to process the Personal Information on its behalf do so in a manner inconsistent with this policy, 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 without express consent 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 https://help.motivosity.com/support/solutions/folders/9000196259

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 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, you may direct any inquiries to privacy@motivosity.com or via mail to: Motivosity Trust and Compliance, 1633 W Innovation Way Suite 150, Lehi, UT 84043. 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.

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).

How we use Information we collect

Personal Information: We use the information we collect about you for a variety of purposes, including to:

• Provide, operate, support, maintain, and improve Motivosity Service;

• Enable you to access and use Motivosity Service;

• Communicate with you regarding the Motivosity Service, including messages related to employee recognition and appreciation events related to your organization;

• Individual product support activities.

Aggregate Information: Motivosity may compile aggregated usage profiles to help its subscribers better understand best practices concerning particular activities and their impact on company culture and employee satisfaction. This aggregated information is based on general trends across an entire population of companies and is in no way tied to a specific individual or organization. This compiled aggregate information may appear in the Motivosity application to provide guidance to Service Subscribers. It may also appear in sales and promotional materials detailing the impact the Motivosity Service can have on companies.

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. Motivosity also commits to cooperate with the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from Switzerland in the context of the employment relationship.