Effective: January 2021
When we refer to “HiMotiv”, we mean the HiMotiv entity that acts as the controller or processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below.
Information We Collect And Receive
HiMotiv may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:
- Customer Data. Customers or individuals granted access to a Wellbeing Portal by a Customer (“Authorised Users”) routinely submit Customer Data to HiMotiv when using the Services. The data may include name, email, gender, and age. You may also choose to provide other types of information, such as a profile photo and messages on discussion boards.
- Other Information. HiMotiv also collects, generates and/or receives Other Information:
- Wellbeing Portal and Account Information. To create or update a Wellbeing Portal account, you or your Customer (e.g., your employer) may supply HiMotiv with an email address, phone number, domain and/or similar account details. In addition, Customers that purchase a paid version of the Services may provide HiMotiv (or its payment processors) with billing details such as credit card information, banking information and/or a billing address.
- Usage Information.
- Services Metadata. When an Authorised User interacts with the Services, metadata is generated that provides additional context about the way Authorised Users work. For example, HiMotiv logs the people, features, content, and links you interact with, the types of files shared and what Third Party Services are used (if any).
- Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.
- Location information. We receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. HiMotiv may also collect location information from devices in accordance with the consent process provided by your device.
- Third Party Services. Customer can choose to permit or restrict Third Party Services for their Wellbeing Portal. Typically, Third Party Services are software that integrate with our Services, and Customer can permit its Authorised Users to enable and disable these integrations for their Wellbeing Portal. Once enabled, the provider of a Third Party Service may share certain information with HiMotiv. For example, if a fitness tracker is enabled to permit daily step-count data to be uploaded to a Wellbeing Portal, we may receive user name and email address of Authorised Users, along with additional information that the application has elected to make available to HiMotiv to facilitate the integration. Authorised Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to HiMotiv. When a Third Party Service is enabled, HiMotiv is authorised to connect and access Other Information made available to HiMotiv in accordance with our agreement with the Third Party Provider.
Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Wellbeing Portal setup details, is not provided, we may be unable to provide the Services.
How We Use Information
Customer Data will be used by HiMotiv in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. HiMotiv is a processor of Customer Data and Customer is the controller. Customer may, for example, use the Services to grant and remove access to a Wellbeing Portal, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services.
HiMotiv uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, HiMotiv uses Other Information:
- To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyse and monitor usage, trends and other activities or at an Authorised User’s request.
- As required by applicable law, legal process or regulation.
- To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond.
- To develop and provide tools and additional features. HiMotiv tries to make the Services as useful as possible for specific Wellbeing Portals and Authorised Users. For example, we may improve search functionality by using Other Information to help determine and rank the relevance of content to an Authorised User, make Services suggestions based on historical use and predictive models, identify organisational trends and insights, to customise a Services experience or create new productivity features and products.
- To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features or other news about HiMotiv.
- For billing, account management and other administrative matters. HiMotiv may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.
- To investigate and help prevent security issues and abuse.
How We Share And Disclose Information
This section describes how HiMotiv may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and HiMotiv does not control how they or any other third parties choose to share or disclose Information.
- Customer’s Instructions. HiMotiv will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process.
- Displaying in Services. When an Authorised User submits Other Information, it may be displayed to other Authorised Users in the same or connected Wellbeing Portals. For example, an Authorised User’s name may be displayed with their Wellbeing Portal profile.
- Customer Access. Owners, administrators, Authorised Users and other Customer representatives and personnel may be able to access, modify or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Wellbeing Portal activity, or accessing or modifying your profile details.
- Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services.
- Third Party Services. Customer may enable or permit Authorised Users to enable Third Party Services. When enabled, HiMotiv may share Other Information with Third Party Services. Third Party Services are not owned or controlled by HiMotiv and third parties that have been granted access to Other Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.
- Corporate Affiliates. HiMotiv may share Other Information with its corporate affiliates, parents and/or subsidiaries.
- During a Change to HiMotiv’s Business. If HiMotiv engages in a merger, acquisition, bankruptcy, dissolution, reorganisation, sale of some or all of HiMotiv’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
- Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective HiMotiv customer the average amount of time spent within a typical Wellbeing Portal.
- To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.
- To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of HiMotiv or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
- With Consent. HiMotiv may share Other Information with third parties when we have consent to do so.
HiMotiv takes security of data very seriously. HiMotiv works hard to protect Other Information you provide from loss, misuse, and unauthorised access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology. While suitable physical, electronic, and managerial procedures have been put in place to safeguard and secure Other Information, given the nature of communications and information processing technology, HiMotiv cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.
Data Protection Officer
To communicate with our Data Protection Officer, please email email@example.com.
Identifying The Data Controller And Processor
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, HiMotiv is the processor of Customer Data and the controller of Other Information.
Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can usually do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact Customer for additional access and assistance. Please contact firstname.lastname@example.org for Customer contact information.
To the extent that HiMotiv’s processing of your Personal Data is subject to the General Data Protection Regulation, HiMotiv relies on its legitimate interests, described above, to process your data.