隐私声明

隐私声明

MotionPoint Corporation, including its subsidiaries and affiliates (collectively "MotionPoint," "we," or "us"), respects your privacy and is committed to protecting that privacy through compliance with this Privacy Statement (this "Statement"). We know that you care how information about you is collected, used, and shared. We have created this Statement to (1) tell you about how we collect, use, and share personal information collected about you and (2) answer your questions regarding our privacy practices.

This Statement applies to our processing of Personal Information concerning individuals, other than employees, about whom we collect Personal Information. For example, the Statements covers: our customers, prospective customers, visitors to our website, and visitors to business customers' websites when we receive their information. This Statement also applies to job applicants.

If you are a resident of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, please see the State Privacy Privacy section of this Statement for additional information. If you are in Switzerland, the United Kingdom, or the European Economic Area, please see the  European Privacy section of this Statement for additional information.

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概览

Here we highlight some of our privacy practices that we believe you will want to know:

• What Personal Information do we collect? We collect identifiers (such as your name, contact information, and IP address), personal characteristics (such as name, education, and employment history), commercial information (such as products purchased), and internet or other electronic network activity (such as details about your interaction with our websites).
• Why do we collect Personal Information? We collect Personal Information to operate our business, provide you the products/services you request, perform services for our business partners, and evaluate job applicants.
• Do we sell Personal Information or use it for targeted advertising? We do not sell Personal Information for money. But we make internet and other electronic network activity available to third parties who use it to provide targeted advertising (also called “sharing” under California law). You have the right to opt out of that practice.
• How long do we retain Personal Information? We retain personal information for as long as needed for our specified purposes or to comply with the law.

You can find more details about each of these answers below. 您可使用以下链接导航至本声明的任何部分：

• 隐私声明
• 概览
• How to Contact Us
• What Personal Information We Collect
• How We Collect Personal Information
• How We Use Personal Information
• How We Disclose Personal Information
• How we safeguard Personal Information
• How long do we retain personal information?
• How you can opt-out of receiving email from us
• Third-Party Websites
• 核实与执行
• 本隐私声明的修订
• State Privacy
• European Privacy

How to Contact Us

You can contact us with general questions about this Statement by emailing privacyofficer@motionpoint.com or sending a letter to:

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What Personal Information We Collect

In the course of providing services and engaging in business functions such as sales and marketing efforts, we may collect and use various types of Personal Information. This information may include details such as your name, email address, physical address, phone number, birthdate, company name, information from social media accounts such as LinkedIn and X (formerly Twitter), and job functions. If you apply for a job with us, we also collect race, ethnicity, and citizenship/immigration status.

MotionPoint.com is intended to be accessed and used only by adults and is not directed to those under the age of 18. We do not knowingly collect Personal Information from anyone under the age of 18, and you should not provide us with such information regarding any individual under the age of 18.

We will take reasonable steps to ensure that the Personal Information we collect is reliable for its intended use, accurate, complete, and current.

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How We Collect Personal Information

We collect Personal Information through various methods, including websites, correspondence, third-party sources, business customers, and technical methods.

Through our Website. We collect Personal Information if you choose to fill out any forms, profiles, or surveys on our websites.

Correspondence. We may collect personal information you send us when communicating with us through emails, letters, or our “contact us” form online.

Third-Party Sources. We may receive Personal Information from one of our business partners or other third-party sources. For example, our sales and marketing teams might receive and collect Personal Information that you provide through social media platforms or from other third-parties.

Business Customers. In the context of providing solutions to our business customers, we may collect and Process Personal Information submitted on our business customers’ websites, as well as certain data elements relating to the operation of MotionPoint’s solution, website visitor statistics, and traffic on our network.

Technical Methods. We may collect Personal Information through a variety of technical methods such as cookies, web beacons, and the like. 

某些浏览器具有“请勿追踪”功能，以便您告知网站请勿追踪您的信息。这些功能并非完全统一。我们目前不对这些信号作出响应。相反，我们会按照本声明所述收集、使用和共享信息，而不管客户是否选择“请勿追踪”。

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How We Use Personal Information

We use Personal Information to help us operate our business and meet your needs and our objectives. Specifically, we use Personal Information for:

• Communication. We use Personal Information to correspond with you. For example, we may contact you about our offerings, to respond to your question, or to address a concern you raised.
• Marketing. We use Personal Information to market or tailor marketing opportunities to you.
• Hiring. We use Personal Information to evaluate job applicants for positions.
• Business Operations. We use Personal Information to run our business. This includes activities such as providing requested products, maintaining our websites, creating a customized experience, and conducting market research.

We also use Personal Information to comply with our legal obligations (including responding to lawful requests by public authorities); enforce our legal rights (or defend ourself); perform our contractual obligations; detect/prevent errors, fraud or criminal activity; and enforce our websites' terms of use. We also use Personal Information for other purposes that were disclosed to you when we collected the data or for such purposes that you later authorize.

We do not use Personal Information to profile in furtherance of decisions that produce legal or similarly significant effects concerning you.

We will obtain your consent, to the extent it is legally required, before using Personal Information for a new purpose that is materially different from that for which it was originally collected or subsequently authorized.

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How We Disclose Personal Information

We disclose Personal Information as described below:

• 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:
• We allow trusted partners to collect some of your Personal Information so they can provide you targeted advertising based on your interactions with us and others online. If you are in Switzerland, the United Kingdom, or the European Union, we only disclose information for such advertising when you opt into our advertising cookies.
• We aggregate Personal Information and disclose it in a non-personal manner to third-party advertisers and related marketing vendors for their marketing and promotional purposes.
• We use third parties to facilitate or outsource one or more aspects of our business, product and service operations (e.g. marketing vendors, data center providers) which may mean they have access to Personal Information to provide the services to us. 这些第三方被称作内部服务提供商。
• From time to time, separate services may be offered by third parties on our websites (referred to as external service providers) that may be complementary to use of our websites.
• 我们仅在获得许可的情况下向外部服务提供商提供个人信息。 Please note that if you provide information to an external service provider directly, then the service provider's use of that your 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 you may also be transferred to a third party as a result of a sale, acquisition, merger, reorganization, other transfer or bankruptcy (a “Transfer”) involving us.
• Disclosure in Extenuating Circumstances: We may also share or disclose Personal Information in the following circumstances: (1) you are or may be violating this Statement or Terms of Use; (2) if a Data Subject is interfering with another’s rights or property, including our rights or property; (3) if you are 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.

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How we safeguard Personal Information

We apply technical and organizational measures designed to protect Personal Information covered by this Statement from loss, misuse and unauthorized access, disclosure, alteration or destruction.

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How long do we retain personal information?

We only collect Personal Information covered by this Statement for the above-stated purposes and retain Personal Information only for as long as is necessary for such purposes or required by law.

When determining the relevant retention periods, we take into account factors including:

• Our 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);
• Our legitimate interests;
• Potential disputes;
• Retention periods set by our business customers who are the Data Controller; and
• Guidelines issued by relevant data protection authorities.

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How you can opt-out of receiving email from us

You can opt out of receiving marketing communications via email from us by following the unsubscribe instructions that accompany those messages.

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Third-Party Websites

Our websites may include links to other third-party websites. Such links are not an endorsement by us of those websites or the products or services offered there. Third-party websites may have different privacy policies, and we are not responsible for the privacy practices of those third-party websites. If you click on a link to a third-party website we encourage you to check that website's privacy policy because it may differ substantially from that of this Statement.

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核实与执行

We have verified and will verify annually that the attestations and assertions made in this Statement are true and correct. We will annually verify that our privacy practices have been implemented as represented in this Statement and in accordance with the Principles. 我们还承诺纠正发现的问题。

此核实由MotionPoint公司高管或其他授权代表每年至少签署一次，如有个人提出请求或者有关违规的调查或投诉有此需要，我们也将予以提供。可核实的信息如下：

• That our published Statement is accurate, accessible, comprehensive, and prominently displayed;
• 本声明符合原则的要求；
• 个人知悉任何内部投诉处理程序以及可提交投诉的独立机构；
• That we have in place procedures for training employees in the Statement’s implementation and disciplining them for failure to follow it;
• That we have in place internal procedures for periodically conducting objective reviews of compliance with the above.

可访问本声明所涉及个人信息的所有MotionPoint美国员工均应负责根据本声明开展工作。未能遵守本声明的MotionPoint员工可能会受到纪律处分，包括解雇。

我们将根据本声明的原则调查并尝试解决任何有关个人信息处理的投诉和/或争议。

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本隐私声明的修订

This Statement is effective as of the "Last Updated" date at the beginning of the Statement. We reserve the right to update or change this Statement at any time. We will notify you of any changes in accordance with applicable law and, if we make a material change, we will also prominently post a notice of that change on our website.

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State Privacy

This State Privacy section supplements the remainder of this Statement and applies exclusively to California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia residents. In addition to the scope specified at the beginning of the Statement, this State Privacy section also applies to Personal Information on California residents collected in the context of business-to-business operations.

Categories of personal information we collect where we collect it from why we collect it and who we share it with

We use the Personal Information we collect for the purposes set out in this Statement.

To help you understand our privacy practices the following table shows: which categories of personal information we have collected in the last twelve (12) months, the categories of sources from which we collected personal information, and our business or commercial purposes for collecting the information:

Additionally, for job applicants, we may use the above categories of Personal Information to assess their application. We also collect the following categories of sensitive personal information about job applicants: citizenship/immigration status and, if you elect to provide it, race and/or ethnicity. We use that information to comply with our legal obligations and evaluate applications. We neither disclose that information to third parties (except as required by law) nor use those details for any reason other than as specified in California Consumer Privacy Act Regulation 7027(m).

Disclosure selling and sharing of personal information

To the extent that selling or sharing personal information constitutes a disclosure to a third party, we have disclosed personal information to third parties in the last twelve (12) months and provide details on our practices below.

We do not provide your information to third parties in exchange for money. But we allow trusted partners to collect some of your data so they can provide you targeted advertising based on your interactions with us and others online. Some states consider this practice as us "selling" or "sharing" your information while others call it targeted advertising. In the last 12 months, we allowed companies to collect the following categories of personal data for targeted advertising: internet or other electronic network activity information. We do not have actual knowledge that we allowed those companies to collect information on anyone who is younger than 16 years old.

If you do not want us to use your data for targeted advertising, you can choose to opt out by exercising your rights as discussed below or by using an opt-out preference signal. If you do not rely on the opt-out preference signal, we will only be able to honor your request when you are logged into our site. If you rely on the signal, there are different methods for sending the signal (which are often a browser add-on or setting) so we recommend following the instructions for your preferred variation. Once you have properly configured your opt-out signal and our system recognizes the signal, we will automatically process it in a frictionless manner. We recognize those signals for the browser sending it. Your opt-out settings will not carry over if you later visit our page using a device that is not sending the opt-out signal, unless you sent the signal while logged into your account and then visit us again while logged into your account.

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Your rights

We recognize the importance of giving individuals control of their Personal Information. Consistent with our commitment to privacy, you have the following rights:

• Access. Ask us to confirm whether we are processing your personal information and send you any or all of the following information:
• The categories of Personal Information we have collected about you.
• The categories of sources from which we collected the Personal Information.
• Our business or commercial purpose for collecting sharing or selling Personal Information.
• The categories of your Personal Information we sold, shared, or disclosed to third parties for a business purpose.
• The categories of third parties to whom we disclosed your Personal Information for a business purpose (grouped by the category of data we disclosed).
• A list of the third parties, or the categories of third parties, to whom we sold or shared your Personal Information (grouped by category of data we sold or shared).
• The specific pieces of Personal Information we have collected about you.
• Deletion. Ask us to delete your Personal Information.
• Correction. Correct your Personal Information.
• Opt-Out of Sales. You have the right to opt out of targeted advertising (sharing). You can exercise this right by clicking here or following the instructions below.

You have the right to opt out of the sale of personal information. (As a reminder we do not "sell" your information in the traditional sense (an exchange for money) but we do disclose it for targeted advertising-which some jurisdictions may consider a sale.) You can exercise this right by clicking here or following the instructions below.

If you are a California resident, you also have the right to ask us once each year if we have disclosed personal information to third parties for their direct marketing purposes.

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无区别对待

您的隐私权很重要。 If you exercise your privacy rights, we will not discriminate against you. But we may charge you a different price/rate or provide a different level/quality of goods or services when the difference is reasonably related to the value provided to us by your data.

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How you can submit requests

If you want to submit a request to us regarding your privacy rights, you can submit an online request through our portal here https://www.motionpoint.com/request/, contact us here privacyofficer@motionpoint.com, or call us toll-free at (954) 421-0890. You can also rely on a universal opt-out signal to indicate your decision to opt out of us selling your Personal Information or disclosing it to others for targeted advertising (sharing).

如果您提交删除个人信息的请求，则必须单独确认该请求。收到您的请求后，我们将向您发送一封单独​​的邮件，其中包含有关如何确认删除请求的说明。

Unless you are requesting to opt out of sales or targeted advertising (sharing), we can only respond to your request if it is verifiable.这意味着我们有义务采取合理措施来验证您的身份。 Our process depends on how you submit the request:

• If you rely on your password-protected account with us, we will verify your identity using our existing authentication practices for that account. But you must re-authenticate yourself before we can disclose, correct, or delete the information related to your request.
• If you do not submit the request through your password-protected account with us, we verify your identity by matching the following information you provide as part of your request with information about you we already have. So we will ask you to provide your name, email address, and phone number.

If we cannot verify your identity, we will not fulfill your request to access, correct, or delete your personal information.

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Authorized Agents

If you wish to submit a request to know, correct, or delete through an authorized agent, we require the following before we can process the request:

• You or the agent provides us a copy of your written and signed permission authorizing the agent to make the request and
• You verify your identity directly with us as explained above.

Only California residents may rely on an agent to submit such requests. You may submit the information listed above to privacyofficer@motionpoint.com. Your authorized agent may also submit the copy of your written and signed permission to privacyofficer@motionpoint.com.

如果您的授权代理拥有加州遗嘱认证法第4121至4130条下的有效授权书，则我们可能会要求提供授权书证明，而不是前述证明。

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European Privacy

This section supplements our Statement with information concerning our processing of Personal Information about you in Switzerland, the United Kingdom, or European Union.

Controller

We are the controller of your personal information. You can contact us using the information provided under the "How to Contact Us" section at the beginning of this Statement.

Choice

Before we disclose your information to a third party not acting as our processor in a manner not specified by this Statement, we will provide you with an opportunity to choose whether to have your personal information disclosed to that party. Requests to opt-out of such disclosures should be sent to us as specified in the Contact Details section above or through our Individual Rights Form

国际传输

We may transfer your Personal Information to third parties located in regions that do not offer the same legal protections for Personal Information as your country. If we transfer your Personal Information outside of Switzerland, the United Kingdom, or the European Economic Area, we will rely on an adequacy decision or appropriate safeguards, such as standard contractual clauses. You can obtain information about such transfers by contacting us using the details provided above.

We comply with the EU-U.S. Data Privacy Framework and the Swiss-U.S. Data Privacy Framework that are set forth by the U.S. Department of Commerce (collectively, the “Frameworks”) for Personal Information we transfer from the European Union or Switzerland to the United States in reliance on those Frameworks. For such transfers, we also comply with the Frameworks’ principles (“Principles”), which will govern if there is a conflict between this Statement and the Principles. To learn more about the Data Privacy Framework program, and to view our certification, please visit www.dataprivacyframework.gov.

如果我们已向其披露本声明涵盖的个人信息的第三方以与本声明和/或本原则不一致的方式来处理此类个人信息，我们将采取合理的措施来防止或停止这种处理。 We will remain liable under the Principles for any processing carried out by the third party which violates the Principles, unless we prove we were not responsible for the event which gives rise to the violation.

If you have inquiries or complaints regarding our handling of Personal Information transferred in reliance on the Frameworks, we ask that you first contact us at privacyofficer@motionpoint.com. We will endeavor to respond to such inquiries within forty-five (45) days. You can also contact an applicable data protection authority for assistance or contact JAMS, which is an independent body designed to address complaints and provide appropriate recourse for free. Information regarding JAMS’ dispute resolution services including instructions for submitting a complaint may be found by visiting:https://www.jamsadr.com/DPF-Dispute-Resolution. In some cases, you may also have the right to invoke binding arbitration.

As part of our compliance with the Frameworks, we are subject to the Federal Trade Commission's investigatory and enforcement powers. We shall cooperate with the Commission and applicable European data protection authorities in the investigation and resolution of complaints that cannot be resolved between us and the complainant.

Uses

We only process your Personal Information when there is an established lawful basis. Generally, we rely on the following legal bases: consent, contract, or legitimate interest.更多信息可应要求提供。

Your Rights

We recognize the importance of giving individuals control of their Personal Information. Consistent with our commitment to privacy, you have the following rights:

• Access. You have the right to obtain access to your Personal Information we process.
• Rectification. You may request that we amend inaccurate or incomplete Personal Information about you.
• Erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of their Personal Information.
• Restrict Processing. You can “block” or suppress our further use of your information. When processing is restricted, we may still store Personal Information, but we will not use it further (except as permitted or required by law).
• Object to Processing. You have the right to object to certain types of processing, including processing for direct marketing (i.e. receiving direct marketing communications).
• Data Portability. You have the right to obtain and reuse your information for their own purposes across different services. For instance, if you want to switch to an alternative service provider, data portability enables your to move, copy or transfer your information easily between our IT systems and theirs safely and securely, without affecting the data’s usability.
• Complain. You have the right to lodge a complaint about the way we handle or process your information with your national data protection authority.
• Withdraw Consent. If you have consented to our processing of your Personal Information, and we rely on that consent as the legal basis for our processing, you can withdraw that consent at any time.

如要行使任何此类权力，请使用上文所述的联系方式联系我们。

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