Terms of Service

PRIVACY POLICY & TERMS AND CONDITIONS

Last updated: March 3, 2022

Privacy Policy applies to all of the products, services and websites offered by MOTIV ELECTRIC BIKES INC, or its subsidiaries or affiliated companies; collectively, MOTIV’s “services”.  This Policy also contains a statement specific to California residents, which supplements the rest of the Policy.

INFORMATION WE COLLECT AND HOW WE USE IT.

In order to provide our full range of services, we may collect the following types of information:

Information you provide – When you provide us your email address, sign up for a MOTIV account or other MOTIV service or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). For certain services, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other MOTIV services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.

Cookies – When you visit Motivelectricbikes.com, we send one or more cookies – a small file containing a string of characters – to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences and tracking user trends, such as how people search. MOTIV also uses cookies in its advertising services to help advertisers and publishers serve and manage ads across the web. We may set a cookie in your browser when you visit a website and view or click on an ad supported by MOTIV’s advertising services.

Log information – When you access MOTIV services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

User communications – When you send email or other communications to MOTIV, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.  When you call Motiv, we may announce that we record calls for training purposes.

Affiliated sites – We offer some of our services in connection with other web sites. Personal information that you provide to those sites may be sent to MOTIV in order to deliver the service. We process such information in accordance with this Privacy Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.

Links – MOTIV may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.

Other sites – This Privacy Policy applies to MOTIV services only. We do not exercise control over the sites displayed as search results or links from within our various services or those sites hosted by our independently owned and operated dealerships. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

MOTIV only processes personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific services. In addition to the above, such purposes include:

  • Providing our services to users, including the display of customized content and advertising;
  • Auditing, research and analysis in order to maintain, protect and improve our services;
  • Ensuring the technical functioning of our network; and
  • Developing new services.

You can find more information about how we process personal information by referring to the supplementary privacy notices for particular services.

MOTIV processes personal information on our servers in the United States of America. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.

CHOICES FOR PERSONAL INFORMATION

When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal information for any purposes other than those described in this Privacy Policy and/or in the specific service privacy notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Privacy Policy and/or in the supplementary service privacy notices, unless we have obtained your prior consent.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some MOTIV features and services may not function properly if your cookies are disabled.

INFORMATION SHARING

MOTIV only shares personal information with other companies or individuals outside of MOTIV in the following limited circumstances:

  • We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
  • We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
  • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of MOTIV, its users or the public as required or permitted by law.

If MOTIV becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular term, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.

Please contact us for any additional questions about the management or use of personal data.

INFORMATION SECURITY

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to MOTIV 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.

DATA INTEGRITY

MOTIV processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

ACCESSING AND UPDATING PERSONAL INFORMATION

When you use MOTIV services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users? personal information. We provide the details for these procedures in the specific privacy notices or FAQs for these services.

CALIFORNIA RESIDENTS

This statement makes additional disclosures to California residents (i.e., “consumers”), and describes rights they have, under the California Consumer Privacy Act of 2018, as amended.(the “CCPA”).  You can learn more about the CCPA here: https://oag.ca.gov/privacy/ccpa 

Collection Of Personal Information

The CCPA requires a description of Personal Information collected using certain categories. The categories of Personal Information we have collected about consumers in the past 12 months are listed below.  For each category, we have collected one or more of the examples listed:

 

Category

Examples

Identifiers

Real name, signature, alias, address, telephone number, email address, Internet Protocol address, device identifier, browser cookies, web beacon, pixel tag, mobile ad identifier, other unique personal identifier, online identifier, account name, Social Security number, driver’s license or state ID number, passport number, insurance policy number, physical characteristics or description, or other similar identifiers.

 

 

Financial Information

Bank account number, credit card number, debit card number, or any other financial information (payment card information is processed on our behalf by a trusted payment processor)

 

 

 

Protected Classification Information

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

 

 

Commercial Information

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

 

 

Internet Activity.

 

 

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, or comments or other content you send to us over the internet.

 

 

Geolocation Data

 

 

Physical location or movements

Sensory Data.

Audio, electronic, visual, thermal, olfactory, or similar information.

 

 

Professional or Employment-Related Information

 

 

Current or past job history or performance evaluations.

Inferences Drawn From Other Personal Information.

Inferences about your preferences, characteristics, attitudes or behavior.

 

Sale Or Disclosure of Personal Information

 

We do not sell consumers’ personal information.

Within the past 12 months, we disclosed the following categories of Personal Information for a business purpose (to the categories of recipients listed):

  • Identifiers (to vendors)
  • Financial Information (to vendors)
  • Commercial Information (to vendors)
  • Internet Activity (to vendors)

Your Rights As a Californian

California residents have the right to make the following requests to covered businesses.  The requests may be made by a consumer, by a consumer on behalf of the consumer’s minor child, or by a person authorized by the consumer to act on the consumer’s behalf.

Right To Request Information About Collection, Disclosure or Sale of Personal Information

You have the right to request that a business disclose to you: (i) the categories and specific pieces of Personal Information the business has collected about you within the past 12 months, (ii) the categories of sources from which the Personal Information is collected, (iii) the business or commercial purposes for collecting or selling Personal Information, and (iv) the categories of third parties with whom the business shares Personal Information.

If a business sells Personal Information, or discloses it for a business purpose, you also have the right to request that the business disclose the following with respect to the 12-month period preceding your request: (i) the categories of Personal Information that the business sold about you and the categories of third parties to whom the Personal Information was sold, and (ii) the categories of Personal Information that the business disclosed about you for a business purpose.

This type of request may be referred to as a “Request to Know.”  Before we can honor a Request to Know, we need to verify that the person making it is the consumer whose Personal Information we have.  Our method for verifying any particular request weighs information we receive as part of the request, the sensitivity of the consumer information at issue, and the risk of harm to the consumer from unauthorized disclosure.

Right to Request Deletion of Personal Information

You have the right to request that a business delete any Personal Information that the business has collected from you.  This type of request may be referred to as a “Request to Delete.”

Before we can honor a Request to Delete, we need to verify that the person making the request is the consumer whose Personal Information we have.  Our method for verifying any particular request weighs information we receive as part of the request, the sensitivity of the consumer information at issue, and the risk of harm to the consumer from unauthorized deletion.

We are not required to delete Personal Information if we still need it in order to complete the transaction for which the information was collected, provide a good or service requested by you (or that we reasonably anticipate based on our relationship with you), perform a contract with you, comply with a legal obligation, enable internal uses that are consistent with the context in which you provided the information, or accomplish any other objective recognized as an exception to the right to deletion under applicable law.

Right to Opt-Out of the Sale of Personal Information

You have the right to direct a business that sells Personal Information about you to third parties not to sell your Personal Information.  This type of request may be referred to as a “Request to Opt-Out.”

Because we do not sell consumers’ Personal Information, we do not offer an opt-out mechanism.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by a business for the exercise of your privacy rights under the CCPA.

How to Submit a Request To “Know” or “Delete”

You can submit a Request to Know or Delete to info@motivelectricbikes.com.  Requests must state “CCPA Request to Know” and include:

  • your first and last name;
  • an email address at which you can be reached for purposes of the request;
  • the California county in which you reside;
  • for a Request to Know, the disclosure(s) you are requesting;
  • for a Request to Delete, a clear statement that you want us to delete your Personal Information; and
  • the reason(s) you believe we have collected, disclosed or sold your Personal Information, specifically, within the past 12 months (for example, you purchased a product or received a communication from us)

If you are submitting a request on behalf of another consumer as their authorized representative, you must include the foregoing information about the consumer and attach a copy of a power of attorney appointing you as a duly authorized representative under California Probate Code sections 4000 to 4465 or written permission from the consumer to make the request.

After confirming receipt of your request, we’ll contact you if we need more information in order to verify it.  If we can’t verify a request, we may deny it.

CHANGES TO THIS PRIVACY POLICY

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). Each version of this Privacy Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

REFUNDS

Please note all purchases are final. If you have a problem with your order please contact us.

CONTACT US

If you have any questions or concerns about the Privacy Policy or other terms, please contact us via email to info@motivelectricbikes.com