Last updated and effective as of: Mar 30th, 2023
Collection and Sale of Data
Do we sell your personal information? No
Do we share or sell aggregate, anonymized information? Yes
Do we share data with third party API and/or business partners? Some, with your consent, read 2.4 ‘Location and Personal Information’.
Do we share you individual location with third parties? No
Do we use sensitive categories of data, like health information? No
Do we delete your data when you request account deletion? Yes
Do we retain your data for as long as we need it unless you request deletion? Yes
Do we track your device location to provide Motion to you? Yes
Do we track your device location when you move, even if you are not directly interacting with the app? Yes, with your consent, read 2.4 ‘Location and Personal Information’.
Do we track your browsing activities on other sites? No
Do we listen to you using your device microphone? No
Do we send you marketing communications with opt out? Yes
Do we send you push notifications with opt out? Yes
Motion is headquartered in Rotterdam, the Netherlands and our Services are provided to you by ByCycling International B.V. If you are a resident of the European Economic Area (“EEA”), ByCycling International B.V. is the controller of your personal data for the purposes of EEA data protection law. ByCycling International B.V was founded in 2017.
If you live in any other country, except those in the European Region, your Services are provided by ByCycling International B.V. (“ByCycling International"), which is also your data controller responsible for your information when you use our Services.
1.2 About Motion Products and Services
Motion is a business-to-business (“B2B”) digital solution which is integrated to an open activity tracker app, that allows our clients, private or public organizations, to easily launch Mobility Programs to their end-users. Our clients may reward their end-users with financial rewards by issuing e-gift cards or white-label virtual debit cards to their users without independently integrating with issuing banks, payroll processors, and cardholder screening and authorization providers.
2. Collection of Information
Motion collects the following information with your consent or on behalf of our Clients through a user’s use of our Services. Sometimes, we receive information directly from you, such as name and email address, when you submit a contact form on our website or when users sign up for an account with us or one of Motion’s Clients. In other cases, we receive information from our Clients, who collect the information from users, for regulatory and compliance purposes.
2.1 Information You Provide to Us
Motion collects certain information that website visitors and mobile users provide directly to us. For example, if you contact us to learn more about our Services using our website forms, or when you sign up with an account with us; we may collect the following information:
Contact information – Name, email address, phone number;
Employment information – Company name, role, and location; and
Any other personal information you choose to include in your message.
In order to enable Motion to comply with anti-terrorism, financial services and other applicable laws and regulations, we may require a KYC (‘Know Your Customer’) identification process, which may require us to process the following information from users in order to issue e-gift cards or virtual debit cards information:
Account information – Name, date of birth, address, email address, phone number;
Identity verification information – Social security/tax identification number, driver license details, passport/visa details, national identity cards; and
Address verification information – Bank statements, and/or utility bills.
Users provide this information during the KYC registration process when issuing a virtual card for one of our Client’s Mobility Programs . We collect and use this information to comply with our legal obligations.
2.2 Information We Collect Automatically
When you use Motion’s Services, we automatically collect the following information:
Usage analytics – Motion collects information to improve and optimize our Services, such as browser type, and usage details, such as time, frequency, and use pattern. Sometimes, we analyze information on specific end users such as the time spent on the platform.
Device information – We also collect device information, like IP address, device type, operating system, manufacturer, model, and model number, push notification tokens, and unique device identifiers.
Transaction information – Motion collects transaction information when you make purchases using our Programs’ cards. The information that we collect includes, but is not limited to, the merchant name, the purchase amount, and date of purchase. This information is necessary for business purposes such as providing our services, resolving customer issues, maintaining the security of our Services, and conducting internal research to understand how customers interact with our Services. The information is also necessary to fulfill our financial compliance requirements.
2.3 Information We Receive from Third Parties
Motion also collects information about you from other sources, including:
Our Clients – Motion receives user information when users apply for financial services, such as e-gift cards or virtual debit cards provided by our Clients. This helps our Clients provide their financial services in a more efficient manner, for example to issue cards to users without independently integrating with issuing banks, processors, card printing facilities, and cardholder screening and authorization providers. This information is necessary for us to fulfill KYC compliance requirements.
Other third-party partners – We receive information from third-party partners to help us enhance our Services with useful information.
2.4 Location and Personal Information
When you first launch our app, you will be asked to consent to the application's collection of this location information. We require this location information to use our Services, so if you do not consent to this collection, our Services will not function as intended. If have the “automatic tracking” mode enabled, we track your device’s location when you move further than 100 meters, even if you are not directly interacting with the app. If you initially consent to us the collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, our mobile applications, or certain features thereof, will no longer function. You can also choose to enable “manual tracking” mode within the settings of the Motion app, so you can track the activities manually at any moment. You may also stop our collection of location information by following the standard uninstall process to remove all of our mobile applications from your device.
Motion uses the motion sensors and location services in your phone to track most of your activities, and to provide you with stats about these activities. For example, we analyze location points and motion data to determine when you are riding your bike. We track your movement patterns when you start moving further than 100 meters. We analyze these patterns to generate statistics about activities and present them to you via the Services.
We do not share or sale your individual location with third parties. However, if you participate in one of our programs, we may share with the program creator, such as your employer, information such as your name, email, total distance of your activities or number of days you are active with the app, in order for them to provide you with rewards, based on your proven activities.
We also may use anonymized, aggregated data to improve Motion as a whole. It helps us optimize our activity detection and measure the overall performance of the App. We may also use aggregated stats, which cannot be tied to individual users, to help you compare yourself to others.
2.5 Third-Party Accounts
Motion allows you to sign up and log in to the Services using accounts you create with third-party products and services, such as Facebook, Google, or Apple (collectively, “Third-Party Accounts”). If you access the Services with Third-Party Accounts we will collect information that you have agreed to make available such as your name, email address, profile information and preferences. This information is collected by the Third-Party Account provider and is provided to Motion under their privacy policies. You can generally control the information that we receive from these sources using the privacy controls in your Third-Party Account.
2.6 Technical Information and Log Files
We collect information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Services. This technical information includes device and network information, cookies, log files and analytics information.
The Services use log files. The information stored in those files includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer, protect and secure the Services, track member movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses may be linked to session IDs, user IDs and device identifiers.
2.8 Other Information
We may collect information from you through third parties, such as when we collect your feedback through surveys.
3. How Motion Uses Information
Motion uses the information we collect and receive as described below.
3.1 To provide the Services
We use the information we collect and receive to provide the Services, including providing you with the ability to:
Record and analyze your activities. For example, to categorize your activities or to provide you with interesting and useful statistics.
Visualize your activities in new ways. For example, by looking at your past activities and routes on a specific time frame.
Join Mobility Programs. For example, to give you access to programs provided by our clients, such as your employer or city.
Issue financial rewards. For example, to give you access to e-gift cards or cash in a virtual debit card when you accomplish specific goals of the programs.
3.2 To customize your experience
We use the information we collect about you, and your activities to customize your experience. For example, we may suggest programs available in your city or employer, or new features that you may want to try. If we know that you like to bike, we may tell you about new biking activities, programs, or show you sponsored content related to biking. If we see that you bike in a certain area, we may suggest a biking program in that area.
3.3 To protect you and the Services
We use the information we collect to protect members, enforce our Terms of Service, and promote safety. For example, we find and remove content that violates our terms, such as hate speech or spam, as well as suspend or terminate accounts that share such content.
3.4 To improve our Services
We also use the information we collect to analyze, develop and improve the Services. To do this, Motion may use third-party analytics providers to gain insights into how our Services are used and to help us improve the Services.
3.5 To communicate with you
We use the information we collect to provide support in response to your requests and comments.
We may also use the information we collect to market and promote the Services, activities and events on Motion, and other commercial products or services. This includes marketing and push communications, where you have not opted out of receiving such messages and notifications.
3.6 Mobile Push Notifications/Alerts
With your consent, we may send promotional, non-promotional or informational push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
4. How Information is Shared
In addition to sharing aggregated data about our members as described above, we also share personal information in accordance with your preferences, as needed to run our business and provide the Services, and where required for legal purposes, as set forth below.
4.1 Service Providers
We may share your information with third parties who provide services to Motion such as supporting, improving, promoting and securing the Services, processing payments, or fulfilling orders. These service providers only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We may also engage service providers to collect information about your use of the Services over time on our behalf, so that we or they may promote Motion or display information that may be relevant to your interests on the Services or other websites or services.
4.2 Business Partners and Clients
We enable you to share your information and content with third parties, such as your employer or a city, who work with Motion to offer an integrated feature, such as a Mobility Program. If you participate on any of these activities, you accept to share your profile data and activity data in relation to these activities. Information collected by these third parties is subject to their terms and policies. Motion is not responsible for the terms or policies of third parties. We may also share Your information with Our business partners to offer You certain products, services or promotions.
4.3 Business transfers
We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
4.4 Aggregate Information
We do not sell your personal information. Motion may aggregate the information you and others make available in connection with the Services and post it publicly or share it with third parties. Examples of the type of information we may aggregate include information about usage, demographics, routes and performance. Motion may use, sell, license, and share this aggregated information with third parties for research, business or other purposes such as to improve walking, running or riding in cities or to help our partners understand more about commuters, including the people who use their products and services.
4.5 Legal Requirements
We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is allowed by the law or reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that this is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Service or fraud or abuse of Motion or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.
5. How We Protect Information
We take reasonable measures to protect the information that we collect from or about you from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. We employ reasonable protections for your information that are appropriate to its sensitivity. The Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information and credit card numbers. Motion engages providers that are industry leaders in online security, including Services verification, to strengthen the security of our Services. The Services are registered with site identification authorities so that your browser can confirm Motion’s identity before any personal information is sent.
6. Modifying or deleting Your Information
You can access and modify the Information you provide to us via the Services by contacting us at email@example.com. If you want us to delete your data, please contact us at firstname.lastname@example.org with your request. Please send your request from the e-mail address you also used for signing up. We'll send you a confirmation once we've processed your request. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.
7. Your Rights and Our Legal Bases
Your rights under the EU General Data Protection Regulation (GDPR) include:
7.1 The right to access personal data we hold about you
You may request access to all the personal data we hold about you. This is known as a ‘subject access request’.
7.2 The right to have your personal data erased from our systems
You may request that we delete some or all of the personal data that we hold about you. This may not always be possible, as we are required by law to keep some information.
7.3 Other rights provided by the GDPR
If you believe that any of the personal data we hold about you is inaccurate, you have the right to have it updated (for example, you may wish to update your personal or contact details).
You may object to, or request that we restrict the processing of your personal data (for example, you may withdraw your consent for marketing at any time).
You may ask that we provide a copy of your personal data in a structured, commonly used and machine-readable format. You can request that we provide this to you directly, or that we transfer the data to third party of your choosing.
Where we have used technology to make an automated decision, or to evaluate your suitability for a Motion service, you have the right to challenge the decision directly with a member of our customer service team.
To exercise any of these rights, simply submit a request to the customer service by emailing email@example.com. We will aim to fulfil all requests within one calendar month.
7.4 California Member Rights
If you are a California resident, as defined in the California Code of Regulations, you have rights under the California Consumer Privacy Act of 2018 ("the CCPA"). Below, we provide a description of your rights and disclosures about your personal information.
7.5 Right to know about the personal information we collect and share
The CCPA gives you the right to request that we disclose the specific pieces of personal information we have collected about you, which we do after we receive and validate your request.
Motion does not sell your personal information. However, we may disclose certain personal information for a business purpose. When you make a request to download your personal information, we will include a list of the categories of personal information that we may have disclosed about you, as well as the categories of third parties to whom your personal information may have been disclosed.
7.6 How to make a disclosure request
You may request the disclosures described above by emailing firstname.lastname@example.org.
You have the right to make a free request two times in any 12-month period. We will make the disclosure within 45 days of receiving your request, unless we request an extension. In the event that we reasonably need a 45-day extension, we will notify you of the extension within the initial 45-day period.
7.7 Right of deletion
You have the right to request that we delete your personal information, subject to certain exceptions. After we receive and validate your request, we will delete your personal information, as well as direct our service providers to delete your personal information, unless an exception applies.
7.8 Right to non-discrimination
You have the right not to receive discriminatory treatment for the exercise of your privacy rights under the CCPA.
7.9 Our Legal Bases
as necessary to provide the Services and fulfill our obligations pursuant to the Terms of Service. For example, we cannot provide the Services unless we collect and use your location information;
where you have consented to the processing;
where necessary to comply with a legal obligation, a court order, or to exercise and defend legal claims;
to protect your vital interests, or those of others, such as in the case of emergencies; and
where necessary for the purposes of Motion’s or a third party’s legitimate interests, such as our interests in protecting our members, our partners’ interests in collaborating with our members, and our commercial interests in ensuring the sustainability of the Services.
8. Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
9. Links to Other Sites
10. International Transfer
The Services are operated from inside the European Union. If you are located outside of the European Union states and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the European Union, as it is necessary to provide the Services and perform the Terms of Service.
Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We may transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries; or
We may use specific contracts approved by the European Commission which give personal data similar protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
11. Age Agreement
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information. If you are a parent or guardian of a child, you may review and request deletion of the child’s personal information by contacting email@example.com.
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