LEGAL THINGS

Privacy Policy

Effective date: APRIL 25, 2025

‍Experiad, LLC dba Motivity (“Motivity”, “we”, “our” and “us”) respects your concerns about privacy.  This Privacy Policy describes how we collect, use, maintain, disclose and protect (collectively, “process”) personal information from and about you when you use our services (“Services”), such as when you:

  • Visit our website at www.motivity.net (the “Website”); 
  • Use our products and solutions; and 
  • Engage with us in other related ways, including any communications, sales, marketing, or events. 

Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we will handle it. If you do not agree with our policies and practices, please do not use our Services. By accessing or using our Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy in this document).  Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

Scope of this Privacy Policy

Please note that this Privacy Policy applies where Motivity is a “data controller” of your information. This includes when we collect information from and about visitors to our websites, prospective customers, as well as users of our products and services (“Users”), collectively referred to herein as “you.”

In providing our Services, we may process certain information about Users on behalf of organizations that have contracted with us for our products and services under a Master Services Agreement or Terms of Service (“Customers”). In such circumstances, our Customers are the data controllers and we are the “data processor” or “service provider,’ depending on applicable law. In such situations, our Customers are responsible for processing information in accordance with their own privacy policies and practices and otherwise complying with applicable data protection laws. When we act as a data processor, we will only process information about Users using our Customers’ accounts according to the Customers’ instructions and in accordance with Customer agreements or as otherwise required by applicable law. If you are a User and have any questions about the processing of your personal information, or would like to make any requests regarding your information, please contact the Customer for assistance.

Information We Collect And How We Collect It

We collect only the personal information that is necessary for the development, marketing, selling, delivery, maintenance and support of our Services. The specific information we collect and how we use it reflects the nature of your relationship with us.

A. Information You Provide

We collect a variety of information that you provide directly to us. For example, we collect information from you through: 

  • Your registration to use the Services; 
  • Your use of the Services, including details of your transactions and the fulfillment of your transactions; 
  • Your participation in product demonstrations and webinars; 
  • Requests, questions, or correspondence you submit to us via online forms, email, or otherwise; 
  • Your participation in surveys and research; 
  • When you post material or perform search queries on the Website; 
  • When you communicate with our customer support or sales teams via email, phone, videoconferencing, chat, or other means; 
  • When you attend our events or interact with us at events; or 
  • When you sign up for our newsletters. 

The categories of personal information we collect directly from you include: 

  • Contact information, such as name, email and postal address, and phone number; 
  • Login credentials, such as username and passwords; 
  • Account information and preferences, such as email preferences;
  • Employment-related information, such as your company or organization name and job tile;
  • Payment card information, including card number and expiration date; 
  • Usage information, such as information about how you use the Services and interact with us; 
  • Marketing information, such as your preferences for receiving marketing communications and details about how you engage with those communications. 
  • Any other information you choose to directly provide to us in connection with your use of the Services, such as through chat, email, or other communications or forms. 

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Services, or transmitted to other users of the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

B. Information We Process on Behalf of Customers Who Use our Products and Services

As indicated above, we store and process personal information on behalf of our Customers in accordance with a Customer’s instructions and in our capacity as a data processor or service provider. If you have any questions about the personal information we process on behalf of our Customers, please contact the Customer directly and refer to their policies.

C. Information We Collect Through Automated Means

As you visit, navigate, and interact with our Website or use our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing activities, and patterns, including:

  • Details of your visits to our Website, including referring/exit pages, the number of clicks, files you download, the amount of time spent on particular pages or areas, the dates and times you used the Services, logs, and other similar information;
  • Information about your computer and Internet connection, including your IP address, identifiers associated with your devices, web browser characteristics, device characteristics, language preferences, operating system, and browser type. 

The technologies we use for this automatic data collection may include: 

  • Cookies (or browser cookies) and similar technologies (such as HTML5 localStorage): A “cookie” is a small piece of data (a text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you. 
  • Web Beacons (also known as an Internet tag, pixel tag or clear GIF): Web beacons link web pages to web servers and cookies and may be used to transmit information collected through cookies back to a web server.

These technologies help us remember your information, understand how you interact with our Website, tailor the Website to your preferences, and otherwise manage and enhance the Website and our Services. 

We may also use vendors to measure the effectiveness of the ads displayed on our behalf in response to keyword searches on third party search engines. These vendors may use automated technologies (such as pixels) on our Website to identify site visitors who clicked on such ads on these third-party search engines. 

In addition, we may use third-party analytics services on our Website, such as Google Analytics. The analytics providers that administer these services use cookies and other automated technologies to help us analyze your use of the Website. The information collected through these automated technologies (including IP address) may be disclosed to these analytics providers who use the information, for example, to evaluate use of the Website. To learn more about Google Analytics and how to opt out, please visit https://tools.google.com/dlpage/gaoptout.

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that if you elect not to accept cookies, some functionality and areas of the Website may be restricted. To learn how to manage your cookies, please follow the instructions from your specific browser.

This Website is not designed to respond to “do not track” signals received from browsers.

D. Information Collected from Others

From time to time, we may collect information about you from other sources, including publicly available sources or third parties sources such as [LinkedIn, Glassdoor, Zoominfo], to the extent permitted by applicable law. We use this information to supplement the information we collect directly from you and to improve and enhance our Services.

How We Use The Information We Obtain

We may use the information we obtain about you to:

  • Provide our Services to you, including providing you with access to and administering our Services, establishing and managing your account(s) with us, and processing and fulfilling transactions in connection with our Services; 
  • Improve and develop our services, including functionality, user experience, performance, value and to operate the Services more efficiently; 
  • Provide customer support, including responding to your requests for information, handling inquiries and complaints, and providing you with more efficient and effective customer service;
  • Contact you or communicate with you, including to provide you with offers and other communications about our Services;
  • Personalize your experience with the Website and our Services; 
  • Operate, evaluate, develop, manage and improve the Website and our Services, including operating, administering, analyzing, and improving our Services; developing new Services; managing and evaluating the effectiveness of our communications; managing our professional relationships with vendors and other business partners; performing accounting, auditing, billing reconciliation and other internal functions; 
  • Perform analytics, including market research, trend analysis, financial analysis and anonymization and aggregation of personal information;
  • Perform internal systems diagnostics, monitoring, debugging, and troubleshooting;
  • Increase and maintain the safety of our Website and Services, and prevent misuse;
  • Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and 
  • Comply with and enforce applicable legal requirements, relevant industry standards and policies, including this Privacy Policy, our Terms of Use, and our Terms of Service. 
  • For any other purpose with your consent. 

We may also use the information we obtain you for other purposes disclosed at the time your information is collected.

Aggregate/de-identified information. We may aggregate, de-identify and/or anonymize any information collected through our Services so that such information can no longer be linked to you or your device (“Aggregate/De-identified information”). We may use such information for any purpose and may also disclose such data with any third parties without restriction.

Information We Share

We do not sell your personal information or share your personal information with third parties for cross-context behavioral advertising purposes. 

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

  • To our subsidiaries and affiliates. 
  • To third-party vendors who perform services on our behalf, such as payment processing, customer support ticketing, network data transmission, and other similar services. 
  • Your organization. If you are a user using our Services under a Customer’s account, we may provide your information to the organization you are engaged or employed by in order to fulfill and enforce our services agreement with your organization and to inform your organization regarding usage, support, or training needs. 
  • Others at your direction or with your consent. We may disclose your personal information to fulfill the purpose for which you provide it. 
  • For any other purpose disclosed by us when you provide the information. 

In addition, we may disclose information about you: (i) if we are required to do so by law or legal process (such as court order or subpoena); (ii) in response to requests by government agencies, such as law enforcement authorities, (iii) to establish, exercise, or defend our legal rights, (iv) to protect, defend or enforce our policies, terms, or agreements, (v) when we believe a disclosure is necessary or appropriate to address security or prevent physical or other harm or financial loss; (vi) in connection with an investigation of suspected or actual illegal activity; or (vii) otherwise with your consent. 

We also reserve the right to transfer information we have about you in the event we sell or transfer all or a portion of our business or assets (such as in the event of a merger, acquisition, joint venture, consolidation, restructuring, divestiture, dissolution, liquidation, or other corporate change), including during the course of any due diligence process. 

Retention of Your Information

We will only retain your personal information for the period necessary to fulfill the purposes for which it is processed, taking into account applicable statute of limitation and records retention requirements under applicable law. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

Choices About How We Use And Disclose Your Information

You have certain rights with respect to your information as further described in this section.

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Opt out of our marketing communications. If, in accordance with applicable legal requirements, we send you marketing communications regarding our Services, you can opt out of our marketing emails by following the unsubscribe instructions located at the bottom of such emails. 
    • Please note that regardless of your request, we may still use and disclose certain information as permitted by this Privacy Policy or as required by applicable law, including certain transactional emails, such as security alerts and notices related to your access to or use of the Services.
  • Update or modify account information. If you have an account with us, you may review, update, correct, or delete your personal information at any time by logging into your online account and modifying your information or by submitting a ticket to our help desk via our website or the software itself. 
    • If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Services. Proper access and use of information provided on the Services, including User Contributions, is governed by our Terms of Use.

Security

We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

If you become aware of or suspect any unauthorized use of your Motivity account, please contact us immediately using the information in the “Contact Us” section below.

Children's Privacy

Our Services are intended for a general audience and are not intended for or targeted at individuals under age 18. We do not knowingly or intentionally solicit or collect personal information from or market to children under age 18. If we learn that we have collected or received personal information from a child under 18 without verification of parental consent, we will use our best efforts to promptly remove such information from our records. If you believe we might have any information from or about a child under age 18, please contact us at privacy@motivity.net

Other Online Services And Third-Party Features

For your convenience and information, the Website or Services may contain links or references to other services, and may include third-party features such as apps, tools, widgets, and plug-ins. If you choose to visit these sites and use their services, please note that we are not responsible for their content or privacy practices. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites, and not this Privacy Policy. To the extent any linked online services or third-party features are not owned or controlled by Motivity, we are not responsible for these third parties’ information practices.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time. The “last updated” date at the top of this Privacy Policy indicates when this Privacy Policy was last revised. We encourage you to check our Privacy Policy periodically. If we make a material change to this Privacy Policy, we will provide appropriate notice as required by applicable law. 

Contact Us

If you have questions or concerns regarding this Privacy Policy and the collection and use of your personal information, please email us at privacy@motivity.net or contact us:

By phone: (808) 215-3400

By mail: 

Experiad, LLC dba Motivity
301 Union Street #21867
SMB #72166
Seattle, WA 98101