Policy Statement

MotionPoint Corporation, including its subsidiaries and affiliates (collectively “MotionPoint”), respects rights to privacy and is committed to protecting that privacy through compliance with this EU Privacy Statement (this “Statement”). This Statement applies to MotionPoint’s processing of data obtained from individuals located in the European Union and Switzerland and sets out practices for collecting, using, maintaining, protecting, and disclosing such data.

Specifically, this Statement applies to the processing by MotionPoint of Personal Information from the EU or Switzerland submitted by or regarding Data Subjects, including:

• MotionPoint is committed to comply with the EU-U.S. Data Privacy Framework (DPF) and the Swiss-U.S. DPF;
• MotionPoint’s customers and prospective customers through MotionPoint’s websites, applications, third-party sources, third-party websites, and third-party applications;
• Visitors to MotionPoint’s business customers’ websites via the Platform and other technology;
• Visitors to MotionPoint’s own websites; and
• Business information associated with MotionPoint’s customers.

MotionPoint complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. MotionPoint has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. MotionPoint has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

MotionPoint is also subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

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, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure or dissemination, and erasure or destruction.

Controller: means a person or organization 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 as more particularly defined under European legislation, received by an organization in the United States from the European Union or Switzerland, and recorded in any form.

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

About MotionPoint

MotionPoint is a global technology company that localizes, translates, and optimizes websites for businesses with customers located across geographic boundaries.

The MotionPoint 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, MotionPoint does not have a direct relationship with Data Subjects, but shares the responsibility to protect end-user privacy with its business customer. Under this circumstance, the MotionPoint business customer is the Data Controller, and MotionPoint is the Data Processor that processes data on instruction from that Data Controller.

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

Contact Details

In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, MotionPoint commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF should first contact MotionPoint at: privacyofficer@motionpoint.com.

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 MotionPoint Collects

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

Such Personal Information may include names, email addresses, physical addresses, company names, Internet Protocol Addresses, website access log data, website performance data and analytics, information from social media accounts such as LinkedIn and Twitter, and job functions.

How MotionPoint Collects Data Subject’s Personal Information

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

Through the MotionPoint Website. MotionPoint collects 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 MotionPoint correspondence, such as emails or letters, MotionPoint may collect Personal Information about Data Subjects within such correspondence.

Third-Party Sources. MotionPoint may receive a Data Subject’s Personal Information from one of MotionPoint’s business partners or other third-party sources. For example, MotionPoint’s 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, MotionPoint may collect and Process Personal Information submitted by or regarding Data Subjects on MotionPoint’s 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. MotionPoint 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 MotionPoint 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 MotionPoint or its third-party service providers. “Cookies” are pieces of information that a website sends to a computer while viewing a website. “Web beacons” are electronic images, tags, or scripts that allow a website to access cookies and help track general usage patterns of visitors to a website. Data Subjects can read more about how MotionPoint uses cookies, web beacons, and other tracking technologies and how Data Subjects can manage their preferences in MotionPoint’s Cookie Policy.

How MotionPoint Uses Data Subjects’ Personal Information

MotionPoint uses Data Subjects’ information to pursue specific purposes that help MotionPoint to meet Data Subjects’ needs and MotionPoint’s objectives. MotionPoint only does this when there is an established lawful basis upon which to process Personal Information.

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

• When Data Subjects have requested a service from MotionPoint or when MotionPoint needs to carry out its contractual obligations, MotionPoint needs 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, MotionPoint might use Data Subjects’ information for such purposes for which the Data Subjects have given consent.
• Where it is within MotionPoint’s legitimate interests as a business, MotionPoint might use Data Subjects’ Personal Information. For example, MotionPoint may use such Personal Information:
• to analyze usage, conduct market research, improve marketing, sales, and promotional efforts, and improve and customize MotionPoint’s 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, for other internal purposes, and as otherwise described at the time of collection.

MotionPoint undertakes a balancing test in relation to legitimate interests. Further information is available on request.

• MotionPoint might use Data Subjects’ Personal Information for purposes that are required by applicable laws or regulations (for example, keeping tax and invoice information).

How MotionPoint Discloses or Shares Personal Information

There are some circumstances in which MotionPoint discloses or shares 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:
• MotionPoint aggregates Personal Information and discloses it in a non-personal manner to third-party advertisers and related marketing vendors for their marketing and promotional purposes.
• MotionPoint uses third parties to facilitate or outsource one or more aspects of its business, product and service operations (e.g., marketing vendors, data center providers, etc.) which may mean they have access to Personal Information to provide the services to MotionPoint. 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.
• MotionPoint 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 MotionPoint.
• MotionPoint specifically reserves the right, at any time, to transfer Personal Information collected from or residing within MotionPoint.com, and any databases, as well as any part or all of the MotionPoint business and/or assets, to affiliates or third parties in connection with a Transfer.
• Disclosure in Extenuating Circumstances:
• MotionPoint 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 MotionPoint’s 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

MotionPoint uses third-party service providers, contractors, and other businesses to assist it in providing its solutions and services. In some cases, Personal Information will be transferred to third parties located in regions where data protection laws are less stringent than the EU or Switzerland. However, MotionPoint will take steps to ensure Data Subjects’ Personal Information is protected 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 MotionPoint’s instructions, MotionPoint will transfer the Personal Information only if MotionPoint 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.

If a third party to which MotionPoint has 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, MotionPoint will take reasonable steps to prevent or stop such processing. MotionPoint will remain liable under the Principles for any processing carried out by the third party which violates the Principles, unless MotionPoint proves it is not responsible for the event which gives rise to the violation.

Security Measures MotionPoint has In Place to Protect Personal Information

MotionPoint applies appropriate technical and organizational measures to protect Personal Information covered by this Statement from loss, misuse, and unauthorized 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.

Integrity, Retention & Purpose Limitation

MotionPoint only collects 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.

Personal Information will not be processed in a way that is incompatible with the above-stated purposes for which it is collected or subsequently authorized by the individual. 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.

Personal Information will be retained for as long as needed to fulfill the purposes set out in this Statement or meet legal requirements. 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);
• MotionPoint’s legitimate interests;
• (Potential) disputes;
• Retention periods set by MotionPoint business customers who are the Data Controller; and
• Guidelines issued by relevant data protection authorities.

Otherwise, MotionPoint securely deletes or anonymizes Personal Information where it no longer requires it for the purposes collected.

Rights Available to Data Subjects

MotionPoint recognizes 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 MotionPoint. 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 MotionPoint 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 MotionPoint provides this Statement.

The right of access: Data Subjects have the right to obtain access to their Personal Information (if it is processed by MotionPoint), and certain other information (similar to that provided in this Privacy Statement). This is so that Data Subjects are aware and can check that MotionPoint is 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 MotionPoint amend the Personal Information held about them. Data Subjects can request such rectification by contacting MotionPoint 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 MotionPoint.

The right to restrict processing: Data Subjects have the right to ‘block’ or suppress further use of their information. When processing is restricted, MotionPoint 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 MotionPoint’s 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 MotionPoint handles or processes their information with the national data protection regulator.

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

The individual may invoke binding arbitration: MotionPoint is obligated to arbitrate claims and follow the terms as set forth in Annex I of the DPF Principles, provided that an individual has invoked binding arbitration by delivering notice to your organization and following the procedures and subject to conditions set forth in Annex I of Principles.

Verification and Enforcement

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

This verification has been and will be signed by a corporate officer or other authorized 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 MotionPoint’s 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.

MotionPoint 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

Click the below to be brought to the U.S. Department of Commerce’s Data Privacy Framework Program: https://www.dataprivacyframework.gov/

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

MotionPoint shall respond to any such inquiries or complaints within forty-five (45) days.

If a Data Subject’s question or concern cannot be satisfied through this process, MotionPoint has 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/submit/

MotionPoint 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 MotionPoint 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.

MotionPoint reserves the right to update or change its Statement at any time. If MotionPoint makes any material changes to this Statement, MotionPoint shall place a prominent notice on its website.