Privacy Notice
Introduction
Motiva Enterprises LLC (“Motiva” or “we”) respects the privacy of everyone who visits the Motiva website. Therefore, we follow guidelines to protect Personal Data (defined below) and ensure compliance with applicable data protection laws and regulations. Please read this Privacy Notice carefully so that you can understand how we collect and use the personal information that you provide to us.
This Privacy Notice applies when you use the Motiva website (https://www.motiva.com) (the “Site”) and covers our use of your Personal Data that is submitted to us or collected through or in connection with the Site. The Site contains links to the websites of other businesses, products, and services, each of which may have their own privacy notices. This Privacy Notice does not apply to information collected through other websites or online services. When visiting any other websites, please review and familiarize yourself with the relevant privacy policy.
By accessing or using the Site, or submitting your Personal Data to us, you will be treated as having given your permission for disclosures referred to in this Privacy Notice.
Information we collect
When you use the Site we may collect information about you (“Personal Data”). This includes information you may provide or provided about you, including, but not limited to:
Name;
Language;
Contact details (such as telephone numbers, email, and address);
User login data;
Demographic data (e.g., date of birth);
If applying for a job, employment history, nationality, date of birth, and other relevant information to enable us to conduct background checks.
We may also collect information about your use of the Site. For example, we may collect:
Device information and type (e.g., your IP address, network, or the settings of the device you use to access the Site);
Usage information (such as the number of visitors on a specific page of the Site, pages viewed and journey, how long you stay on a page, or which hyperlinks you click on), which we collect, in part, through the use of technologies such as cookies and web beacons; and
Depending on your device settings, location information, such as country in which you are located.
We may also receive information about you from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social media site if you connect to the Site through that site.
Children’s privacy
This Site is intended for persons aged 18 or older. Visitors to the Site that are under 13 years old are requested not to send personal information (for example, name, home address, and email address). Visitors under 13 years are asked to submit requests through a parent or guardian.
We do not knowingly collect any personal information from children under the age of 13 without parental consent, unless permitted by law. If we learn that a child under the age of 13 has provided us with personal information, we will delete it in accordance with applicable law.
Information collection and use
This Site uses Personal Data in order to:
Respond to questions or requests;
Process complaints, feedback, and suggestions;
Administer or otherwise carry out our obligations in relation to any agreement you have with us;
Create and notify you about products and services that may meet your needs.
We collect Personal Data of users of the Site. We collect, process, and use your Personal Data in connection with your use of the Site in providing you with services such as:
Registering to become a supplier;
Applying for a job;
Contacting us for partnership, supplier, or other business opportunities;
Business execution including entering into of agreements with customers, suppliers and managing relationships with such parties;
Communicating to our customers, investors, prospective and existing employees;
Legal and/or regulatory compliance reasons including litigation and defense of claims.
We may also use your Personal Data as we believe is necessary or appropriate to protect, enforce, or defend the legal rights, privacy, safety, or property of the Site, our employees or agents, or other users and to comply with applicable law.
How we might share your Personal Data
Except as set out in this Privacy Notice, Motiva will not disclose any Personal Data without express permission unless legally entitled or required to do so (by legal process or for the purposes of prevention of fraud or other crime or to comply with applicable laws).
Motiva also will exercise this option if we deem such action is necessary to protect and/or defend our rights, property or personal safety and those of our users/customers.
We may share your Personal Data with third parties where:
We need assistance from third parties, such as to grant you access to the Site and facilitate posting of information, content and/or otherwise operate the Site;
We have a public or legal duty to do so (e.g., assisting with detection of crime, regulatory reporting, litigation, or defending legal rights);
To a competent public authority, government or regulatory agency where it is necessary to comply with a legal or regulatory compliance obligation which we are subject to or as permitted by applicable local law;
We asked for your permission to share your Personal Data and you agreed;
Within our family of affiliated companies, such as with our parent company and with its subsidiaries and corporate affiliates;
In the event of a reorganization, merger, divestment, or other sale of some or all of our assets or stock, or in connection with a bankruptcy reorganization;
To enforce or apply any agreements we have with you;
To third party suppliers or service providers who we use to support our business, including but not limited to the operation of this Site.
We also may share other information with third parties in a manner that does not identify particular visitors, including, for example, aggregate information about how the Site is used.
We will not sell your Personal Data to third parties.
Online tracking
We and third parties that provide content or functionality on the Site may use cookies, web beacons, and similar tracking technologies to facilitate the administration and navigation on the Site, to better understand and improve the Site, and to provide you with a customized online experience.
Cookies are small files that are placed on your computer when you visit a website. Cookies may be used to store a unique identification number tied to your computer or device so that you can be recognized as the same user across one or more browsing sessions, and across one or more sites. Most browsers are initially set up to accept cookies. Your browser or device may offer settings that allow you to choose whether browser cookies are set and to delete them. For example, you may be able to configure your browser not to accept cookies or to notify you when a cookie is being sent. For more information about whether these settings are available, what they do, and how they work, visit your browser help material. Please be aware that some features of the Site may not function properly or may be slower if you disable cookies.
How we protect and handle your Personal Data
We use technical and organizational measures to protect Personal Data we process about you. However, please note that no data transmission over the internet can be guaranteed to be completely secure. As a result, although we strive to protect your Personal Data and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your Personal Data.
International data transfers
The Site is headquartered in Houston, Texas. Please be aware that information you provide to us or that we obtain as a result of your use of the Site may be collected in your country and subsequently transferred to the United States or to other countries in accordance with applicable law. The laws on processing such information in these locations may be less stringent than in your country.
Your state privacy rights
State privacy laws may provide their residents with additional rights regarding our use of their Personal Data. To learn more about privacy rights in other states and how to exercise them, visit your state’s website regarding privacy rights.
California Residents
This section supplements the information contained in our Privacy Notice and applies solely to individuals who reside in the State of California (“consumers” or “you”). We adopt this section to comply with the California Consumer Privacy Act of 2018, as amended (CCPA) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this section.
a. “Shine the Light” law
Under California Civil Code Section 1798.83 (the Shine the Light law), California residents are entitled once per calendar year to request and receive information about a business' disclosure of certain categories of Personal Data to other companies for direct marketing purposes. If applicable, this information would include the categories of Personal Data and the names and addresses of those businesses with which we shared Personal Data for the immediately prior calendar year (e.g., requests made in 2019 will receive information regarding 2018 sharing activities). If you are a California resident and a user of our site, you can request a copy of this information by sending an email to mediadesk@motiva.com.
b. Purpose of processing Personal Data
Under the CCPA, we collect your Personal Data for the business purposes described above in Information collection and use section. The CCPA defines a “business purpose” as the use of Personal Data for the business’s operational purposes, or other notified purposes, or the service provider’s or contractor’s operational purposes, as defined by the regulations that the California Privacy Protection Agency (CPPA) may adopt, provided the use of Personal Data is reasonably necessary and proportionate to achieve the purpose for which the Personal Data was collected or processed, or another operational purpose that is compatible with the context in which the Personal Data was collected. The following activities are considered "business purposes" under the CCPA: auditing related to a current interaction with the consumer and concurrent transactions, and auditing compliance with laws and other standards; detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, verifying customer information; repairing errors that impair existing intended functionality; internal research for technological development; verifying or maintaining the quality or safety of, and improving, upgrading, or enhancing, a service or device that is owned, manufactured by, manufactured for, or controlled by the company.
We will retain your Personal Data as long as we have a relationship with you. Following the end of the relationship, we shall retain your Personal Data for a period of two (2) years or such longer period as required by applicable law and/or to protect our legal interests. We won't keep any Personal Data for longer than is strictly necessary, and when we no longer need the Personal Data, we will securely destroy it in accordance with our internal policies.
c. Third party sharing
The categories of third parties with whom we may share your Personal Data are listed in How We might share your personal data section, above.
d. Your California rights and choices
The CCPA provides consumers with specific rights regarding their Personal Data. This section describes your CCPA rights and explains how to exercise those rights.
You have the right to opt-out of your Personal Data being used for automated decision making related to:
Workplace performance
Economic situation
Health
Behavior and reliability
Personal preferences and interests
Location and movements
e. Right of correction
You have the right to request that we correct any of your Personal Data if it is inaccurate or dated. Contact us at the details provided in the Contact us section below.
f. Right to opt-out of sales
Motiva does not knowingly sell or share (as those terms are defined in the CCPA) Personal Data collected from California residents of any age. See the How we might share your Personal Data section about how Motiva uses your Personal Data.
g. Access to specific information and data portability rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Data over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
The categories of Personal Data we collected about you.
The categories of sources for the Personal Data we collected about you.
Our business or commercial purpose for collecting or selling that Personal Data.
The categories of third parties with whom we share that Personal Data.
The specific pieces of Personal Data we collected about you (also called a data portability request).
If we sold or disclosed your Personal Data for a business purpose, two separate lists disclosing:
sales, identifying the Personal Data categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the Personal Data categories that each category of recipient obtained.
h. Deletion request rights
You have the right to request that we delete any of your Personal Data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Data from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
i. Exercising access, data portability, and deletion rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Calling us at 1-713-277-8000.
Emailing us at mediadesk@motiva.com with the subject line of "CCPA Request."
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Data. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you. We will only use Personal Data provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
j. Response timing and format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason why. If you do not have an account with us, we will deliver our written response by mail or electronically, at your discretion. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Data that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
k. Non-discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
l. Changes to our CCPA Privacy Notice
We reserve the right to amend this section of our Privacy Notice at our discretion and at any time and will notify you as set forth in this Privacy Notice.
m. Contact information
If you have any questions or comments about this notice, our Privacy Notice, the ways in which we collect and use your Personal Data, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at the details provided Contact Us section below.
Other websites
Motiva is not responsible for the privacy policies and practices of other websites including third party sites accessed from links on our Site; or links to our Site from a third party website.
Changes to this Privacy Notice
We may modify this Privacy Notice from time to time. Any changes to the Privacy Notice will become effective when the updated policy is posted on the Site. We recommend that you revisit this Privacy Notice periodically to ensure that you are aware of our current privacy practices, although we may elect to notify you by e-mail or by posting something on some or all of the Site. Your continued use of the Site following the posting of changes will mean that you accept the Privacy Notice and any changes.
Contact Us
If you have any questions regarding this Privacy Notice, please contact us.