Privacy Policy

MOTIVO PRIVACY POLICY

Welcome to Motivo. Motivo is a platform where students and post-graduate mental health professionals can obtain clinical supervision hours and access peer consultations, webinars and training. Motivo is owned and controlled by Motivo Consulting, Inc d/b/a Motivo (“Motivo,” “we,” “us,” or “our”). As used herein, “you,” “your” and other similar words mean you, the person or entity who accesses or uses Motivo. We provide this Privacy Policy to let you know what information we collect, how we use it, share it and protect it.

Scope
This Privacy Policy governs your access to and use of Motivo and/or the website (the “Website”) located at www.wearemotivo.com or any subdomain thereof (collectively, the “Platform”) and the services (the “Services”) offered by us through the Platform.

Please read this Privacy Policy carefully. By setting up an account (an “Account”) with Motivo or accessing or using the Platform or the Services, you agree to this Privacy Policy. If you do not agree to this Privacy Policy, do not set up an Account or access or use the Platform or the Services.

Information We Collect

Personal Information: We collect personal and entity information (“Personal Information”) when you provide it, including when you set up an Account and register for the Services, when you use the Services, record information or otherwise interact with us. Personal Information is information that may be used to identify or locate a person or entity, such as name, postal address, e-mail address, phone number, credit card or other payment information and other similar information, as well as other non-public information that is associated with this Personal Information. [We will not store your credit card or other payment information, but our third-party payment processors may do so.] We may collect and process Personal Information relating to your use of the Services and any details of correspondence or other social media interactions with us. We use your Personal Information to administer your Account, to provide you the Services, to improve the Services, to fulfill your requests, to conduct surveys, to send communications and administrative emails, to respond to your inquiries and to send marketing and service update messages.

Demographic and Non-Identifying Information: We may collect and process demographic information from or about you from time to time, such as information about your gender, age, marital status, income or revenues, education level and occupation (“Demographic Information”). We may collect this information through various forms and in various places on the Website, including our Account creation forms, “Contact Us” forms or when you otherwise interact with the Platform. To the extent that we combine any non-personally identifiable Demographic Information with your Personal Information that we collect directly from you on the Website, we will treat the combined data as Personal Information under this Privacy Policy.

Technical Information: We collect non-identifiable information automatically when you visit the Website or use the Services. Non-identifiable information is information that is not used nor intended to be used to identify an individual and is not associated with nor linked to Personal Information.

Log Data and Links: In connection with visits to the Website or use of the Services, our servers automatically record information (“Log Data”) created by such visit to or use of the Platform or the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited and order of visit, and search terms used. We do this to help us improve the Services.

Cookies: We use cookies on the Website. “Cookies” are small pieces of information that a website sends to your computer's web browser while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience. Persistent cookies can be removed or blocked by following the help file directions in your Internet browser. If you elect to block cookies, you may not be able to access certain personalized sections of our Services. We also use log files and cookies to improve the quality of the

Website; to keep track of your login name, passwords, and pages you have visited on the Website; and to tailor content to your interests and to personalize the Website on your behalf.

Device Information: We may collect information about the devices you are using when accessing the Website or using the Services, including what type of device it is, what operating system you are using, device settings, unique device identifiers and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings. To learn more about what information your device makes available to us, please check the policies of your device manufacturer or software provider.

Web Beacons: Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in the Website' pages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Website, to monitor how users navigate the Website, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts: An embedded script is programming code that is designed to collect information about your interactions with the Website, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third party service provider, is active only while you are connected to the Website and is deactivated or deleted thereafter.

ETags: An ETag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner, ETags are a form of device identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash or HTML5 cookies.
Information Third Parties Provide About You: We may, from time to time, supplement the information we collect directly from you at the Website with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine any non-personally identifiable information we receive from those sources with your Personal Information we collect on the Website, it will be treated as Personal Information and we will treat the combined data as Personal Information under this Privacy Policy.

Client Information
We will not collect or store any personal information regarding persons treated by therapists. We will comply with any and all applicable privacy and confidentiality laws, including without limitation the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”) with respect to any such information received, transmitted, created or maintained by us from time to time.

Interactions with Third-Party Sites
The Platform may include functionalities that allow interactions between the Website and your Account on a third- party website or application (a “Third-Party Site”). The use of this functionality may involve Third-Party Site operators providing certain information, including Personal Information, to us. For example, when you register with the Website, you may have an option to use your Facebook, Google or other account provided by a Third-Party Site to facilitate the registration and log-in or transaction process on the Website, or otherwise link accounts. If we offer and you choose to use this functionality to access the Website, the Third-Party Site may send Personal Information about you to the Website. If so, we will then treat it as Personal Information under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction on the Website. In addition, we may provide Third-Party Site interfaces or links on the Website to facilitate your sending communications from the Website. For example, we may use third parties to facilitate emails, text messages, blog postings, tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties' practices are not subject to this Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable Third-Party Site privacy policies before using any third-party tools on the Website.

Third Party Services
We may use a variety of services offered by third parties to help maintain and improve the Platform and the Services, to help us understand the use of the Platform and the Services, or simply to provide the Services. These services may store both personally identifiable information about you which we collect and the information sent by your browser as part of a web page request, such as cookies or your IP address. If any third parties are given access to your personally identifiable information, we will take appropriate measures to protect your privacy and Personal Information to which we have been given access.

How we Use and Share Personal and Other Information

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any Personal Information we gather from you on the Website. We do not share your Personal Information with third parties for those third parties' direct marketing purposes. We may provide third parties with information about you that is not personally identifiable, including when such information is combined with similar information of other users of the Website. For example, we might inform third parties regarding the number of unique users who visit the Website, the demographic breakdown of the registered users of the Website or the activities that visitors to the Website engage in while on the Website.

We may use information we collect about you:

  • To contact you to inform you of new Platform features, or seminars or articles we think will be of interest to

    you.

  • To contact you with regard to your use of the Platform and, in our discretion, changes to the Platform or

    our policies.

  • For our internal business purposes.

  • For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy

    Policy.

  • To provide you with information or services or process transactions that you have requested or agreed to

    receive including to send you electronic newsletters, or to provide you with marketing materials;

  • To enable you to participate in a variety of the features on the Platform.

  • To process your account registration, including verifying that your information is active and valid.

  • To ensure that content on the Platform is presented in the most effective manner for you and for your

    computer or mobile device.

  • To provide you with access to your personal account.

    Access
    If you have provided Personal Information when registering for the Services, you may access and modify that Personal Information at any time by visiting your account settings. If you cancel your account with us, we may retain your Personal Information in conformance with our data retention policy, under which we may retain such information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions, and take other actions otherwise permitted by law. There may be residual Personal Information that remains within our databases, access logs, and other records. In addition, we are not responsible for updating or removing your Personal Information already disclosed to third parties who have been provided information as permitted by this Privacy Policy. You can opt out of receiving marketing communications from us by clicking the “Unsubscribe” link at the bottom of each email. Please note that even if you unsubscribe or opt-out, we may still send you Platform and Services related communications.

    Information Security, Retention and Data Integrity
    We take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include firewalls and encryption, 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. All HIPAA protected information resides on servers that comply with the requirements of the security standards of HIPAA. In addition, our software code resides on one set of servers and all user data and information reside on a separate set of servers. We restrict access to Personal Information to our 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 are subject to discipline, up to and including termination, if they fail to meet these obligations. However, we are unable to guarantee that the security measures we take will not be penetrated or compromised or that your information will remain secure under all circumstances.

Information You Disclose Publicly or to Others
The Services may permit you to submit and post ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”), on the Platform or through the Services. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Be aware that such postings or communications are not confidential. Please note that we do not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Platform or when using the Services or what others do with information you share with them through the Services. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service.

We may publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit to the Service, please review our Terms and Conditions.

If you have a profile page it may by default be set up to display information such as your display name, images, location and optional information added by you. Profile information is used by us primarily to be presented back to and edited by you when you access the Services and to be presented to others permitted to view that information through the Services. We may offer you the ability to manage your public profile and use profile preference settings, the functionality and features of which are subject to change from time-to-time so visit it frequently to confirm the settings reflect your then current preferences and we recommend that you do not post information or content as part of your profile that you are not prepared to make public. Changing setting options may not result in immediate changes to the settings, which are subject to our operations and maintenance schedules. You should carefully consider the use of such settings to improve information display options and to ensure the settings are properly set and functioning in the manner desired. Notwithstanding the availability of profile preference settings, you should be aware that these settings are for convenience only, do not employ complex data security protection and may not be error free. Further, other users that have access may repost or otherwise make public your information or content. Accordingly, discretion and good judgment should be exercised when posting information or content as part of your profile.

Our Accountability
We use a self-assessment approach to assure compliance with this Privacy Policy and periodically verify that the Privacy Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the promises in this Privacy Policy. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with this Privacy Policy.

Children
We do not knowingly collect or maintain personal information from individuals who are under 13 years of age, and no part of the Platform or the Services are designed to attract people under the age of 13. Protecting the privacy of children is very important to us. If we obtain knowledge that a user is under the age of 13, we will take steps to remove that user's personal information from our databases.

Links to Other Sites
The Platform and the Services may contain links to, and allow you to share content on, third party websites and services. The fact that we link to a website or service or allow you to share content on them is not an endorsement, authorization or representation that we are affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices. This Privacy Policy applies only to the Platform and the Services. Other websites and services follow different rules regarding the use or disclosure of personal information. We encourage you to read the privacy policies or statements of the other websites you visit.

Transfer of Information on Sale and For Legal Compliance
Notwithstanding anything to the contrary in this Privacy Policy or the Terms and Conditions: (a) upon a sale of Motivo or all or substantially all of its assets, we reserve the right to transfer to the purchaser of Motivo all data we have, including without limitation all Log Data, content and all Personal Information and non-identifiable information and (b) we will share your Personal Information if we have a good faith belief that: (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate (A) to enforce this Privacy Policy or the Terms and Conditions, including any investigation of potential violations thereof, or (B) to detect, prevent, or otherwise address fraud, security or technical issues associated with the Motivo Sites or the Services, or (iii) such action is appropriate to protect the rights, property or safety of Motivo, its employees and users of the Services.

International Users
The Platform is hosted in the United States but some members may be able to access the Platform in other countries. If you access the Platform from the European Union, Asia, or any other country with laws or regulations governing personal data collection, use, and disclosure that they differ from the United States’ laws, please be advised that through your continued use of the Platform, you are transferring your personal information to the United States or any other country and you consent to that transfer. Additionally, you understand that your Personal Information may be processed in countries (including the United States) where laws regarding processing personal information may be less stringent than in your country.

General Conditions
We reserve the right to modify this Privacy Policy from time to time at our sole discretion. Any such modification will be effective immediately upon our posting of the revised Privacy Policy on the Website. We will provide no other notice to you. It is your responsibility to review this Privacy Policy from time to time to ensure that you continue to agree with this Privacy Policy. If you no longer agree to this Privacy Policy after a modification, you must immediately cease using the Platform and the Services. All new or modified features related to the Platform and the Services, including the release of new features, tools and resources, will be subject to this Privacy Policy.

You understand that the technical processing and transmission of the Platform, including your Information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

This Privacy Policy shall survive the termination of the Services.

If any portion of this Privacy Policy is determined to be illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect any other portion of this Privacy Policy. You may not assign any of your rights under this Privacy Policy to anyone else. We may assign our rights to any other individual or entity at our discretion.

This Privacy Policy is intended as a contract under and shall be construed and enforceable (both as to validity and performance), shall be interpreted and the rights and obligations of the parties shall be determined in accordance

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with the laws and procedures and provisions of the State of Tennessee (other than conflict of law rules which might result in the application of the laws of any other jurisdiction). We each agree to submit to the personal jurisdiction of the state and federal courts located in Hamilton County, Tennessee.

In the event that any litigation or dispute resolution procedure is utilized to enforce the provisions of this Privacy Policy, the prevailing party in such action shall be entitled to the recovery of its reasonable attorneys’ fees and expenses, court costs, dispute resolution costs and expenses, expert witness fees and expenses and such other costs as are fixed by the court or other party serving to resolve such dispute.

Any questions regarding this Privacy Policy should be addressed to hello@wearemotivo.com.

This Privacy Policy was last updated on July 17, 2018.