MOTUS PRIVACY NOTICE
Last Revised: Jan. 1, 2020
This Privacy Notice explains how Motus, LLC (“Motus” or “we”) collects, uses, shares, and handles information about Users of the Motus website, mobile app, and other services (collectively, “Motus Services”). For example, Users include mobile workers who use the Motus app to track mileage for reimbursement from their employers. By visiting Motus.com or using any Motus Service, Users accept the practices described in this Privacy Notice and consents to the collection, use and disclosure of information described herein.
Motus collects Users’ information on behalf of Users’ employers or other companies that engage the services of Users (collectively, “Motus Clients”). Users may be direct employees or independent contractors of Motus Clients. Users also may be direct employees or independent contractors of Motus Clients’ Permitted Affiliates, as defined in the Motus Master Services Agreement.
This Privacy Notice does not limit collection, use, sharing, or handling by Motus of aggregated, de-identified, or anonymized information, provided that the information cannot be associated with an individual.
If you have any questions or concerns about this Privacy Notice, e-mail Motus at email@example.com.
INFORMATION WE COLLECT
Motus collects User information from Users and Clients in order to administer and provide Motus Services to Motus Clients and Users and for the other purposes identified in this Privacy Notice. Information that may be collected includes:
- Email address
- Telephone number
- Home and office address
- Date of birth
- Employer name
- Vehicle and car insurance information
- Bank account data
- Website log and user agent data such as Internet Protocol (“IP”) address, browser type, metadata, and the date and time that you accessed Motus Services
- Mobile device type and operating system information
- Precise location information (described below)
- Mileage feeds
- Information collected via cookies and web beacons (described below),
- Miles driven
- Fueling location and details about fuel purchase
- Progress on driver safety training/evaluation
- Simple web page actions
- If your employer has so requested and you have completed the consent web form, Motor Vehicle Records (“MVRs”). Note that when obtaining these records, Motus only collects MVRs, not credit checks, criminal reports, or personal interviews.
- Any other information that Users or Clients choose to communicate to Motus (such as sending information to Motus via e-mail, app, or a Web form).
To deliver some services, such as mileage reimbursement, Motus may collect precise location information related to a User’s location and route. Motus will only collect precise location information if a User affirmatively opts in to such collection via both the mobile device operating system settings and the settings on the Motus Service. For instance, in order for a User to allow the Motus app to collect precise location information on the User’s iPhone, the User must take two steps. First, the User must allow Motus to access location information via the iPhone’s Privacy settings. Second, the User must enable location collection via the settings on the Motus app. Users may choose to enable a Motus Service to automatically collect geolocation information during specific timeframes each day. Users also could manually start and stop precise geolocation data collection via the “Start” and “Stop” buttons, or similar options, on the Motus service. Please note that the exact settings for precise location information collection vary by mobile operating system.
Motus Services are not directed to children under the age of 16. Motus does not knowingly collect or store personal information about children under the age of 16.
If a User would like to review or request changes to his or her information that is collected through a Motus Service (subject to certain exceptions prescribed by law), the User may email firstname.lastname@example.org.
HOW WE USE THE INFORMATION
We use the User information that we collect to administer and provide our services to Motus Clients and Users. We may use User information for the following purposes:
- Maintaining, providing, repairing, personalizing, understanding, and improving Motus Services, including but not limited to mileage reimbursement, fleet management, mileage tracking, billing, insurance processing, and business intelligence;
- For the purpose for which the information was submitted;
- Processing transactions with Motus Clients and Users, such as billing and processing account information;
- Communicating with Users and Clients about Motus Services and affiliated third party services, via methods such as e-mail notifications;
- Protecting the rights of Motus and others;
- Responding to the inquiries of Motus Clients and Users;
- Complying with IRS (CRA in Canada) and employer mileage reimbursement guidelines; and
- For any other purpose to which you consent at the time that your information is collected.
If Motus collects User information on behalf of a Motus Client, it may share any of that User information with that Motus Client. For example, if Jane Doe uses the Motus app to track her car’s mileage for her employer, ABC Company, Motus may share any information that the Motus app collects about Jane Doe with ABC Company.
Additionally, under the following circumstances, Motus may provide third parties with the information that it has collected from a User, provided that the sharing is conducted for one of the following purposes:
- To obtain services from Motus third-party service providers and affiliates. Examples of such third-party services include technical support, analytics, insurance quotes, insurance processing services, fuel prices, and motor vehicle record information.
- To comply with legal requirements and respond to lawful court orders and other valid legal process;
- To protect the rights, property, or safety of Motus or others, or to assist in the investigation of fraud or any other unlawful activity;
- As part of a merger, partial or complete acquisition, bankruptcy, asset sale, financing, consolidation, restructuring, liquidation, or similar corporate transaction. In the event of a corporate transaction that would result in the transfer of User information, Motus would inform Users via their most recent e-mail address on record with Motus and a prominent notice on the Motus.com website. Motus may share information with any of our parent companies, subsidiaries, joint ventures, or companies under common control with us;
- To transfer any aggregate or anonymized information, provided that no individual could be identified by the information;
- Under any other circumstance to which the User consents after being notified.
COOKIES, WEB BEACONS, AND DO-NOT-TRACK
Web beacons are transparent graphic images placed in emails or web pages to record the simple actions of users. Web beacons collect only limited information, such as time and date of a page being viewed, and a description of the page on which the web beacon resides (the URL). Motus uses web beacons to support analytical programs like Google Analytics and New Relic (our SLA monitoring system).
As described in this Privacy Notice, other parties may collect Motus User personally identifiable information about an individual User’s online activities over time and across different Web sites when the User uses Motus services. Motus does not respond to Do-Not-Track signals.
You can visit the AdRoll cookie opt-out page and Google Ads personalization page to opt-out of certain targeted advertising. You can also opt-out of targeted advertising by modifying your browser settings or by using a browser plug-in. For more information about targeted advertising and your choices, visit AdChoices.
We take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of personal information within our custody or control. These include security measures for and internal reviews of our data collection, storage, and processing practices and the use of Transport Layer Security (TLS) software to encrypt certain sensitive User information such as bank account data. We also implement physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to User information to Motus employees, contractors, and agents who need to know that information in order to operate, develop, or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Please note that while we take reasonable security measures to protect against unauthorized access, no safeguard can fully guarantee security of personal information.
Motus is headquartered in the United States and, regardless of where you use our Services or otherwise provide information to us, your information may be transferred to, maintained, and processed by Motus and our service providers in the United States or other jurisdictions in which we or they operate. Please note that privacy laws, regulations, and standards in the jurisdictions in which your information may be maintained and processed may not be equivalent to the laws in your country of residence and such information may be subject to lawful access by U.S. or other foreign courts, law enforcement, and governmental authorities.
YOUR CALIFORNIA PRIVACY RIGHTS
On January 1, 2020, the California Consumer Privacy Act (CCPA) went into effect. The law requires companies to notify California residents about how their data is collected, used, and shared, and in some cases gives them rights to access and delete that data. This section provides Motus’s disclosures as required by the CCPA. These disclosures supplement and incorporate the statements in the other portions of the Privacy Notice. This section applies to all visitors, users, and others who reside in the State of California.
Information We May Collect
Motus collects User information from Users and Clients in order to administer and provide Motus Services to Motus Clients and Users and for the other purposes identified in this Privacy Notice. We may collect the following categories of information, as defined in the CCPA. The examples listed are only illustrative of potential types of data within each category, and Motus does not necessarily collect that data about every individual.
Sources of California Personal Information
We obtain the above categories of personal information from the following categories of sources:
- Directly from you: For instance, you may provide us with information when signing up for an account
- Indirectly from you: For example, we may observe your interactions on our website
- From third parties: For example, your employer may provide us with information related to the services that we provide.
- From publicly available information.
Use of California Personal Information
We may use any of the above categories of collected User information to provide services requested from Users or Clients, maintain and improve our services, communicate with Users and Clients about Motus Services and affiliated third-party services, market Motus Services, prevent potentially illegal activities, protect the rights and property of Motus and third parties, respond to inquiries of Motus Clients and Users, and for any other purpose to which the User has consented. Our use and disclosure of California Personal Information is more fully described above, in the section entitled “How We Use This Information”.
Sharing California Personal Information
We may disclose your personal information to your employer or to another third party, as more fully described in the section above entitled “Sharing Information). The vast majority of data that Motus collects and discloses to its clients is in its capacity as a service provider, as defined by CCPA. Accordingly, Motus does not “sell” CCPA-covered personal information.
In the past 12 months, Motus has disclosed the following categories of personal information for a business purpose:
- Categories of personal information described in Cal. Civ. Code 1798.80(e)
- Characteristics of protected classifications under California or federal law
- Commercial Information
- Internet or other electronic network activity information
- Geolocation data
In the past 12 months Motus has disclosed personal information to the following categories of third parties:
- Clients (i.e., the users’ employers)
- Service providers
Your rights under the CCPA
The vast majority of the personal information that Motus collects is related to employees, as part of a service that we provide via their employers. Most of the rights provided under the CCPA do not currently apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. The CCPA also currently exempts personal information reflecting a written or verbal business-to-business communication from many of its requirements.
Moreover, Motus typically acts as a service provider to its Clients, which are typically employers. The Clients solely determine the purposes and means of processing Clients’ personal information. To the extent that Motus collects or processes CCPA-covered personal information in its capacity as a service provider, requests for access to CCPA-covered data and deletion must be directed to the Motus Client. For instance, if you want to access or delete mileage data collected via Motus, you must contact your employer, which will then work with Motus to process your request.
In the rare instance that the CCPA rights apply to the personal information and Motus does not collect or process data in its capacity as a service provider, you have the following rights:
- Access to Personal Information Collected or Sold and Data Portability: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see “Exercising Your Rights” section), we will disclose to you:
- The categories of personal information we collected about you;
- The categories of sources for the personal information we collected about you;
- Our business or commercial purpose for collecting that personal information;
- The categories of third parties with whom we share that personal information;
- The specific pieces of personal information we collected about you (also called a data portability request;
- If we disclosed your personal information for a business purpose, a separate list disclosing disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
- Deletion of Personal Information: You have the right to request deletion of personal information. If you wish to do so, please contact us at any method listed below. The right to deletion is subject to certain exceptions, such as if we need the personal information to provide Services or comply with legal obligation.
- No Discrimination: You will not be subject to discrimination for exercising any of your privacy rights.
To exercise any applicable access, data portability, and deletion rights, please submit a verifiable consumer request by: sending an email to email@example.com, calling toll-free +1 (866) 618-5646, or sending mail to Motus, LLC, Two Financial Center, 60 South Street, Boston, MA 02111.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
- Your name
- Additional information depending upon the type of request and the sensitivity of the information.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We use good faith efforts to respond to a verifiable consumer request within forty-five (45) days after its receipt. If we need more time (up to 90 days), we will inform you of the reason and the needed extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
You may designate an authorized agent to make a request under the CCPA on your behalf.
The California Shine the Light Law, Cal. Civ. Code Section 1798.83, requires companies to disclose certain information about information shared with third parties that is used for the third parties’ direct marketing purposes. These disclosure requirements only apply if Motus were to share personal information with third parties for the third parties to market their own services and products directly to consumers. If you are a California resident, you may request information about the disclosure of your personal information to third parties for the third parties’ direct marketing purposes by emailing firstname.lastname@example.org, calling +1 (866) 618-5646, or sending mail to Motus, LLC, Two Financial Center, 60 South Street, Boston, MA 02111.
If you have any questions about this Privacy Notice or our privacy practices, please contact us at email@example.com or write to us at:
Two Financial Center
60 South Street, Boston, MA 02111
You also may call us, toll-free, at +1 (866) 618-5646