Privacy Policy
Last Reviewed on May 4, 2022

Overview

Motorik sp. z.o.o., a limited company registered under the laws of Poland and having it’s registered address at: ul.Twarda 44, 00-831 Warsaw, Poland (hereinafter “Motorik”, “We”, “Us” or “Our”) is committed to protecting the privacy of personal information of identifiable individuals who visit the www.motorik.io website (the “Website”) and use the services available or offered thereon (the “Services”). Amendments to this Privacy Policy will be posted to the Website and will be effective when posted. Your continued use of the Services following the posting of any amendment to the Privacy Policy shall constitute your acceptance of such amendment.

This Privacy Policy explains Our privacy practices for processing Personal Data on Our Website. We process Your Personal Data when You visit and browse Our Website, as described in this Policy. We are committed to protecting Your privacy and processing Your Personal Data fairly and in compliance with the applicable data protection legislation.

Please kindly read this Privacy Policy in order to fully understand Our practices in relation to Your Personal Data, before You access or use the Website. If You read and fully understand this Privacy Policy, but You remain opposed to Our practices, You must immediately leave this Website, discontinue and/or avoid all use of the Website.

If You have further questions or concerns regarding this policy please contact us at: privacy@motorik.io

Definitions

“EEA” shall mean the European Economic Area.

“GDPR” shall mean Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), as amended from time to time;

“Applicable Laws” shall mean the GDPR; European Union Member State laws, rules and guidelines implementing or supplementing the GDPR, as amended from time to time and to the extent applicable to Motorik; and any other applicable privacy or other law to the extent applicable to Motorik;

“Personal Data” shall have the meaning ascribed to it in the GDPR. We can briefly define Personal Data as individually identifiable information, namely information that identifies an individual or may with reasonable efforts cause the identification of an individual;

“Non Personal Data” means information that does not personally identify You and does not reveal Your specific identity as an individual, such as anonymized information;

The terms “Controller”, “Processor”, “Processing”, “European Commission”, “International Organization”, “Supervisory Authority” and “Personal Data Breach” shall have the meanings ascribed to them in the GDPR;

“User” or “You” means you as the visitor of Website;

Types of personal data that we collect

Personal data that you provide to us:

You may provide Us Personal Data via the “Let’s Connect” or similar forms on the Website if You wish Us to contact You and provide more information regarding Our services, including: full name, email, phone number, company name and country. You may choose to provide Us additional data (possibly including Personal Data) through the “Message” section in Our contact form. Please kindly do not provide any more data than it may be required for Us to contact You.

Personal data that we collect or generate

When You access or use Our Website, We use industry-standard technologies such as “cookies”, other tracking technologies and other local files, which store certain information on the browser or hard drive of your computer and/or your mobile telephone device (“Local Storage”) and which will allow us to distinguish You from other users, enable automatic activation of certain features and improve Your user experience and other capabilities. We do not link the information we store in cookies to any personally identifiable information you submit while staying on our site. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period. You can remove them by following directions provided in your Internet browser's "help" file. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt You before accepting a cookie from the website You visit. If You do not accept cookies, however, You may not be able to use all portions or all functionality of the Website.

Types of non-personal data that we collect

In addition to the categories of Personal Data described above, we will also process further anonymized information and data that is not processed by reference to a specific individual.

We may collect this Non-Personal Data through the Website:

  • Information that Your browser sends (“Log Data”). This Log Data may include, but is not limited to, non-identifying information regarding your device, operating system, internet browser type, screen resolution, etc.
  • We may use automated devices and applications to evaluate usage of Our Website. We use these tools to help us improve Our Website, performance and user experience.

How We use personal data (Purposes of Processing)

How We use personal data (Purposes of Processing)

  • to provide and operate the Website;
  • to monitor and analyze use of the Website and analyze the functionality of the Website;
  • to provide on-going customer assistance, technical support and maintain the Website;
  • to provide service announcements and notices;
  • to enforce Our Terms of Use, policies and other contractual arrangements and prevent misuse of the Website; and to comply with court orders and warrants and to take any action in any legal dispute and proceeding;
  • to better understand Your needs in order to further develop, customize and improve Our Website based on the Users’ preferences and experiences;
  • to communicate with You and contact You to obtain feedback regarding the Website;
  • to protect users, investigate security breaches, and to prevent all illegal activities within Our Website.

We may also use Your email address You provided to contact You when necessary, including in order to send You reminders, offers and to provide You information and notices about the Website. At any time, You may choose (opt out) whether your Personal Data is to be used for sending such marketing materials which are not an essential part of the usage of the Website.
You may easily exercise your choice by contacting us at: privacy@motorik.io

How we use non personal data (Purposes of processing)

We may use Non Personal Data (except for the similar purposes as Personal Data) in order to:

  • compile anonymous or aggregate information;
  • disclose to third party vendors or service providers who perform on Our behalf in connection with the Website;
  • monitor and analyze the usage of the Website and for the technical administration and troubleshooting of the use of the Website;
  • provide us with statistical data.

We may also use analytics tools to help us understand Users’ behaviour on Our Website, including by tracking page content, and click/touch, movements and scrolls. The privacy practices of these tools are subject to their own policies and they may use their own cookies to provide their services.

Any further questions regarding these analytics tools same as an opt-out request please kindly send to: privacy@motorik.io

Storage and Sharing of User’s Information

We only store information in case of necessity. Typically, we delete all the information quarterly based on the analysis of the traffic and inventory quality control. Some information such as cookies may expire in accordance with your device settings. We do not need such information and we usually delete it unless it is necessary for performing our services to the client.

Please be aware that certain laws and regulations may subject us to store user information for a particular period: money laundering laws, financial reporting regulations, tax laws etc. Furthermore, we may have to comply with the decision of the court of appropriate jurisdiction and maintain information for the longer period.

We share user information that we collect as follows:

  • We share information with our clients. It is done to help them identify, buy advertising, and target particular publishers. Clients may use this information in conjunction with other information they have independently collected to provide you targeted advertising materials. They also evaluate and analyze particular advertisement campaigns, inventory, etc.
  • We do not sell, rent or lease your Personal Data. We may share your Personal Data with service providers and other third parties, if necessary to fulfil the purposes for collecting and processing the information, such as cloud vendors, subcontractors providing us processing services, etc. provided that any such third party will commit to protect your privacy as required under the Applicable Laws and this Privacy Policy, in accordance with that third party’s obligations as Controller, Processor of Subprocessor of the information we share with it.

Additionally, a merger, acquisition or any other structural change may require us to transfer Your Personal Data to another entity, provided that the receiving entity will comply with this Privacy Policy.

We may also need to disclose Personal Data in response to lawful requests by public authorities or law enforcement officials, including meeting national security or law enforcement requirements. We cooperate with government and law enforcement officials to enforce and comply with the law.

International data transfers

Motorik is a digital global company. To provide our Services, we may transfer Your data internationally to any of our data center locations, or to any of our partner’s international data center locations. We ensure any international transfers of Your data are compliant with the laws of that region, including the European General Data Protection Regulation (GDPR). Specifically, with respect to the European Economic Area (EEA), we ensure appropriate legal protections are in place when we transfer data outside of the EEA to the United Kingdom (UK), Switzerland, or any other country, as provided for under European data protection legislation. These protections include using technical measures, such as encryption of data, or a legal mechanism, such as the Standard Contractual Clauses (SCC), which are approved by the European Commission. The SCCs standardize the protections for any international transfers of your data from the EEA to other countries, thus providing You with assurance that You will be able to access your rights for the protection of data in a manner consistent with European data protection law. Personal Data may be transferred outside of the EEA, in one of the following ways:

  1. the country that we send the data to might be approved by the European Commission as offering an adequate level of protection for Personal Data (e.g. Israel is an approved country);
  2. the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obligating them to protect your Personal Data; or
  3. in other circumstances the law may permit us to otherwise transfer your Personal Data outside the EEA.

in other circumstances the law may permit us to otherwise transfer your Personal Data outside the EEA.

In all of the above cases in which we collect, use or store your Personal Data, You may have the following rights and, in most cases, You can exercise them free of charge. At any time, You may contact us at privacy@motorik.io and request to know what Personal Data we keep about You. We will make good-faith efforts to locate the data that You request to access. We may retain certain information as deemed required by us in accordance with Applicable Laws, or for legitimate business reasons, for the duration as required under the Applicable Laws. In addition, we may delete any Personal Data pursuant to Our policies, as in effect from time to time.

When You ask us to exercise any of your rights under this Policy and the applicable law, we may need to ask You to provide Us certain credentials to make sure that You are who You claim You are, to avoid disclosure to You of Personal Data related to others and to ask You questions to better understand the nature and scope of data that You request to access.

EEA Data Subjects Rights

If You are a resident of the European Economic Area (EEA), You have certain data protection rights. Motorik endeavours to take reasonable steps to allow You to correct, amend, delete, or limit the use of Your personal information, thus to enforce and all rights provided to You under the GDPR.

The General Data Protection Regulation or “GDPR” gives certain rights to individuals in relation to their personal data. Accordingly, we are happy to offer transparency and access controls to help users take advantage of those rights.

You (as a “Data Subject”) may send official requests to us regarding Your personal data via email to the following address: dpo@motorik.io

The scope of Your rights under the GDPR is as the following:

Right of access: the right to be informed of, and request access to, the personal data we process about You;

Right to rectification: the right to request that we amend or update Your personal data where it is inaccurate or incomplete

Right to erasure: the right to request that we delete Your personal data;

Right to restrict: the right to request that we stop processing all or some of Your personal data;

Right to object: the right, at any time, to object to us processing Your personal data on grounds relating to Your particular situation; the right to object to Your personal data being processed for direct marketing purposes;

Right to data portability: the right to request a copy of Your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and

Right not to be subject to automated decision-making: the right to not be subject to a decision based solely on automated decision-making, including profiling, where the decision would have a legal effect on You or produce a similarly significant effect. Your request will be executed no later than 30 (thirty) days from the initial request receipt but we will do everything possible to process it within the first 48 working hours.

Should a data breach related to Your personal information occur, we will notify a relevant supervisory authority within 72 hours thereof.

UK Data Subject Rights

After Brexit, the UK is no longer regulated domestically by the EU's General Data Protection Regulation (GDPR), which governs processing of personal data from individuals inside the EU. Instead, the UK now has its own version known as the UK-GDPR (United Kingdom General Data Protection Regulation). The new UK-GDPR took effect on January 31, 2020.

Under the UK-GDPR, individuals can exercise: the right to be informed; the right of access; the right to rectification; the right to erasure; the right to restrict processing; the right to data portability; the right to object to processing; the rights in relation to automated decision making and profiling

If you would like to exercise any of these rights (as a resident of UK), please contact us via dpo@motorik.io with a reasonable proof that you are subject to these rights.

Please note, as we already stated most information we deal with is anonymized when we receive and process it, therefore, we cannot identify you individually, you need to provide us with some additional information to enable us to identify the user information you are referring to, it may be technologically impossible to identify your information, although we will try to accurately fulfill your request.

California Residents Rights

According to the California Consumer Privacy Act (“CCPA”) (that was later amended/altered by The California Privacy Rights Act or “CPRA”) the California residents have the following rights listed in this clause:

You have the right to know and see what information we have collected about You over the past 12 months, including: the categories of information we have collected about You; the categories of sources from which the information is collected; the business or commercial purpose for collecting Your information; the categories of third parties with whom we have shared Your information; and the specific pieces of information we have collected about You.

You have the right to request that we delete or correct the information we have collected from You (and direct our service providers to do the same).

There are a number of exceptions, which includes (but are not limited to) when this information is necessary for us or a third party to do the following: complete Your transaction; provide You a good or service; perform a contract between us and You; protect Your security and prosecute those responsible for breaching it etc.

You have the right to “opt-out,” or direct us to stop “selling” or otherwise sharing Your information with third parties in exchange for money or other valuable consideration.

To submit an opt-out request, please contact us at: dpo@motorik.io and/or submit the required verifying information, by contacting us here.

Brazil Residents Rights

Motorik comply with the principles and requirements of data processing under the Lei Geral de Proteção de Dados Pessoais (LGPD), including, but not limited to, age-gating requirements. All the data received by using our services is anonymized and therefore falls outside the scope of LGPD.

We hereby inform You about the following rights You have under the LGPD:

Confirmation: confirmation of the existence of processing;

Access: access to the data;

Rectification: correction of incomplete, inaccurate or outdated data; anonymization, blocking or elimination of unnecessary or excessive data or of data processed in noncompliance with the provisions of LGPD;

Data portability: portability of the data to other service providers or suppliers of product, at the express request;

Anonymization: anonymization, blocking or elimination of the personal data processed with the consent of the data subjects, except in the events set forth in article 16 of LGPD;

Deletion: You have the right to have their personal data deleted if the processing of that data was based on consent;

Information: You have the right to be informed about sub-processors and other third parties that access or process their personal data. You also have the right to be informed about Your consent choices and the consequences of refusing consent;

Revocation: revocation of the consent, pursuant to the provisions of paragraph 5 of article 8 of LGPD;

Bring complaint: lodging a complaint with the Data Protection Authority, opposing the processing of personal data where there is non-compliance with the provisions of LGPD;

Request review: You have the right to request the review of decisions made solely on the basis of automated processing of personal data which affect Your interests. This includes decisions used to define Your personal, professional, consumer and credit profile, or the aspects of Your personality.

If You would like to exercise any of these rights, please contact us via dpo@motorik.io

China Residents Rights

Motorik comply with all the principles and requirements of data processing under the Personal Information Protection Law (the “PIPL”). The beforementioned principles includes among others: accuracy, accountability and security, purpose limitation, collection limitation, openness and transparency, lawfulness and necessity.

We hereby inform You about the rights You have under the PIPL:

You have the right to know, decide, refuse, and limit the handling of their personal information by others unless laws or regulations stipulate otherwise;

You have the right to access and copy Your personal information in a timely manner, except when the laws and regulations require confidentiality;

You have the right to correct or complete inaccurate personal information in a timely manner;

You have the right to request Us to explain Our personal information handling rules;

You have the right to deletion of Your personal information if (i) the agreed retention period has expired, or the handling purpose has been achieved; (ii) We as a personal information handler cease the provision of Our services; (iii) You rescind consent where the processing of personal information was based on Your consent; (iv) the information is handled in violation of laws, regulations or agreements;

You have the right to request Us to transfer Your personal information to another personal information handler.

If You would like to exercise any of these rights, please contact us via dpo@motorik.io

Data Protection Rights of The Residents of Virginia and Colorado

Motorik expresses its willingness to comply with any and all the principles and requirements of data processing under Colorado’s Consumer Data Protection Act (CPA) that will be effective on July 1, 2023, and under Virginia Consumer Data Protection Act (VCDPA) effective January 1st, 2023.

If You have any questions in regard to Your rights under the aforementioned legislation, please don’t hesitate to contact us via: dpo@motorik.io

Data security and retention of the collected data

We take the safeguarding of the Personal and Non Personal Data very seriously, and use a variety of systems, applications and procedures to protect the information from loss, theft, damage or unauthorized use or access when it is in Our possession or control, including reasonable physical, technical and organizational measures which restrict access to the information. However, although we make efforts to protect your privacy, we cannot guarantee that the Website will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. In addition, You should take steps to protect against unauthorized access to Personal Data stored on Your premises as well as defining limited access rights to such information on a need to know basis.

We retain different types of information for different periods, depending on the purposes for processing the data, our legitimate business purposes as well as pursuant to legal requirements under the applicable law. We may retain Personal Data for as long as necessary to support the collection and the use purposes under this Policy and for other legitimate business purposes, for example, for storing data, for documentation, for cyber-security management purposes and legal proceedings. We may store aggregated Non Personal Data without time limit. In any case, as long as You use the Website, we will keep information about You, unless We are legally required to delete it, or if You exercise your rights to delete the information.

Policy towards children

Our Website is not meant to be used by or for persons under 18, as such, we do not knowingly collect Personal Data from minors younger than 18. Insofar as Personal Data may be collected based on your consent, the data subject must be above the age of 16 (or above the age of 13 if this is the legal requirement in your country). If these age requirements are not met, You are required to obtain the consent of the parent or guardian to provide and process information in accordance with this Policy; lacking such consent, please do not use the Website.

Changes to this Privacy Policy and applicable law

We may change this Policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. The date at the top of this Policy reflects the most recent changes made. If we make material changes to this Policy, we will post the revised Policy on our website and may take additional measures to inform you, as required by applicable data protection laws.

This Privacy Policy shall be governed by and construed in accordance with the laws of Poland without regard to its conflict of law provisions. Applicable courts located in Warsaw, Poland shall have exclusive jurisdiction in all disputes and proceedings arising from this Privacy Policy.

Contact Us

If You have any concerns relating to this Privacy Policy, please contact us and we will make our best efforts to address your concerns. We are usually able to resolve privacy questions or concerns promptly and effectively. If You are not satisfied with the response You receive from us, You may forward concerns to the applicable privacy regulator in your jurisdiction. Upon request, we will provide You with the contact information for that regulator.

For further information about this Policy, please contact us at:
privacy@motorik.io