Motify Privacy Policy

This document (hereinafter - the Policy) has been prepared to inform the natural persons identified in the Policy about the activities carried out with their personal data by SIA "Motify", registration number: 40103454804, legal address: Tukuma nov., Engures pag., Engure, Jūras iela 44A, LV-3113 (hereinafter - Motify).

Motify is a provider of training, consulting, and research services.

Personal data is any information relating to an identified or identifiable natural person (data subject).

1. Scope of the Policy

1.1. The Policy governs the processing of personal data of natural persons that applies to all Motify:

1.1.1. existing clients who are natural persons and use Motify Services;

1.1.2. potential clients who are natural persons, who have not established a relationship with Motify, and who are interested in the terms and/or costs of Motify Services;

1.1.3. former clients, including those whose contractual obligations have not been fulfilled or who have agreed to receive commercial communications after termination of the contract;

1.1.4. client representatives, including contact persons and legal representatives;

1.1.5. users of information systems, the website, and technical solutions (for example, applications);

1.1.6. natural persons who have taken part in marketing activities.

(hereinafter - Clients).

1.2. The Policy provides information on how, in connection with the Services offered by Motify, Motify handles Clients' personal data using its internal resources, including information systems (hereinafter - Systems) and the website www.motify.lv (hereinafter - the Website).

1.3. To inform Clients about the processing of Clients' personal data, Motify provides Clients with the information below in accordance with 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 personal data processing and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter - the Regulation), and the Personal Data Processing Law (hereinafter - the Law).

2. Controller

2.1. The controller of your personal data specified in the Policy is Motify.

2.2. Motify contact information regarding personal data processing matters is:

2.2.1. address - Dārza iela 3, Jelgava, LV-3001, Latvia

2.2.2. telephone number: +371 29 528 212

2.2.3. email address: motify@motify.lv

3. Personal data and purposes of personal data processing

Motify processes Clients' personal data (Personal Data), including but not limited to, for the following purposes:

3.1. Provision of Motify Services, including, for example:

3.1.1. identifying Clients;

3.1.2. providing Client support;

3.1.3. executing settlements and payments, as well as debt management;

3.1.4. financial accounting and protection of financial interests;

3.1.5. Client registration and authentication on the Website;

3.1.6. maintaining operation of the Website.

3.2. Improving the quality of Motify Services and business planning:

3.2.1. reviewing applications, requests, complaints, and proposals;

3.2.2. consulting Clients;

3.2.3. conducting Client surveys and opinion research;

3.2.4. notifying and informing Clients about Motify news, activities, events, and other developments;

3.2.5. statistics and business analytics (including business planning and report preparation);

3.2.6. ensuring record-keeping and accounting measures, including archiving information.

3.3. Security and protection of rights:

3.3.1. maintaining audit logs for Motify Systems;

3.3.2. preventing and investigating IT security incidents (for example, unauthorized external access to Motify Systems, any websites, or applications), as well as any malicious activity against Motify Systems, websites, or applications;

3.3.3. preventing and investigating personal data processing breaches (for example, unlawful access to Motify premises);

3.3.4. security at Motify premises;

3.3.5. providing information to state authorities and other persons, such as the police, the State Audit Office, or archives.

3.4. Marketing activities and loyalty promotion:

For promoting Motify Services and marketing activities, including, for example:

3.4.1. direct advertising aimed at the Client;

3.4.2. compiling marketing statistics;

3.4.3. analytics of Clients' Service usage habits;

3.4.4. ensuring operation of the loyalty program;

3.4.5. organizing and carrying out lotteries, competitions, and prize draws;

3.4.6. organizing visits and events for Clients, as well as other public events and ensuring event publicity.

3.5. Implementing social responsibility and developing representative relations:

3.5.1. organizing tours, visits, and events, and providing consultations;

3.5.2. engaging existing and potential entrepreneurs in various training topics;

3.5.3. providing public comments on Motify activities;

3.5.4. receiving visitors during events;

3.5.5. general development of the Controller's economic activity, building sustainable and trust-based relationships with Clients and other stakeholders, for example by sending collective or personalized greetings.

3.6. Fulfilling requirements of legal acts or exercising Motify rights under legal acts:

3.6.1. providing information to state and municipal control and pre-trial investigation authorities, other state and municipal authorities within their competence, such as the police, the State Audit Office, or archives;

3.6.2. providing information to other third parties, including state and municipal authorities, where this is provided for by legal acts and is necessary for performance of a concluded contract (for example, to the Land Register in the case of purchase or sale of real estate);

3.6.3. requesting information about a Client from state authorities or other authorized persons in cases where this is permitted by law, for example from the Land Register, the Cadastre Information System, or municipalities regarding owners of land/buildings;

If you wish to know exactly which categories of Clients' Personal Data are processed for a particular purpose of processing mentioned above, please refer to Annex No. 1 of the Policy.

4. Legal bases for personal data processing

Motify processes your Personal Data in the following cases:

4.1. A contract has been or will be concluded between the Client and Motify. In this case, Motify processes the Client's Personal Data if it is necessary for Motify to perform the contract or to take steps at the Client's request before entering into the contract. If the Client does not provide the Personal Data required for Motify to perform the contract, Motify will not be able to perform the contract. Motify is not liable for non-performance of obligations under that contract if the contract cannot be performed because Personal Data has not been provided;

4.2. Processing of Clients' Personal Data is necessary to fulfill legal obligations applicable to Motify as specified in legal acts. For example, in certain cases Motify is obliged to provide Client information to state authorities, comply with accounting document management obligations, and archive documents;

4.3. Personal Data processing is necessary for the legitimate (lawful) interests of Motify or a third party. Legitimate interests are rights whose exercise is permitted under legal acts, including in connection with a contract concluded between the Client and Motify. Motify has the following legitimate interests:

4.3.1. ensuring development of its commercial activity;

4.3.2. providing training, consulting, and research services, developing and improving its Services;

4.3.3. maintaining positive relationships with Clients and increasing Client satisfaction;

4.3.4. ensuring the provision of Services and/or communication with the actual recipient of Services and/or communication;

4.3.5. preventing potential financial and organizational risks (for example, storing information on Client settlements and managing debts);

4.3.6. preventing legal risks (for example, storing Clients' Personal Data for a certain time to resolve a potential dispute);

4.3.7. preventing security risks;

4.3.8. organizing auctions (for movable and immovable property, including vehicles);

4.3.9. ensuring performance of contractual obligations and proper performance of contracts;

4.3.10. protecting its financial interests (including managing payments and debts);

4.3.11. retaining and attracting Clients;

4.3.12. maintaining the operation of Systems and the Website, developing and implementing improvements, and ensuring their use by Clients;

4.3.13. carrying out marketing activities, including advertising and promoting distribution of Services;

4.3.14. promoting social responsibility and developing representative relations by participating in and organizing relevant events;

4.3.15. informing the public about its activities and ensuring publicity for events organized by Motify;

4.3.16. ensuring business management, analysis, and planning;

4.3.17. protecting its rights by using the services of authorized and competent authorities.

4.4. Motify has received the Client's consent to Personal Data processing (including in writing, electronically on the Website, in person, or by telephone after Client identification). For example, this applies to participation in lotteries and prize draws organized by Motify, use of Personal Data collected through cookies, observation of your online habits, or participation in Motify projects.

5. Recipients and sources of personal data

Motify may transfer your Personal Data to the following recipients of Personal Data if this does not conflict with applicable legal acts:

5.1. Motify employees and authorized persons who process the Personal Data specified in this Policy on behalf of Motify within their competence and work duties;

5.2. persons connected with the provision of Motify Services and business development, including but not limited to:

5.2.1. information system consultants and their maintenance service providers;

5.2.2. contractors;

5.2.3. Client opinion research service providers;

5.2.4. research service providers;

5.2.5. service providers who ensure communication with Clients or sending information to Clients (for example, call centers);

5.2.6. Client service providers;

5.2.7. email, postal mailing, and delivery service providers;

5.2.8. banks and other payment and financial service providers, as well as service providers that ensure information exchange between Motify and financial service providers;

5.2.9. creative and media agencies, advertising and marketing service providers, event sponsors, and organizers;

5.2.10. public information service providers (for example, media);

5.2.11. developers, managers, and suppliers of Motify solutions;

5.2.12. insurance service providers;

5.2.13. legal service providers;

5.2.14. real estate maintenance and management service providers;

5.2.15. printing service providers;

5.2.16. debt collection service providers and credit information bureaus;

5.2.17. security and safety service providers;

5.2.18. Client-authorized persons with whom Motify communicates to ensure the provision of Services or protect its interests, as well as for other purposes mentioned in this Policy;

5.2.19. law enforcement authorities, other state authorities and public persons, and similar persons, where this is considered necessary or required under applicable legal acts (for example, courts, police, prosecutor's office, State Revenue Service, notaries);

5.2.20. health service providers (for example, if medical assistance is needed at a client service center).

5.2.21. In addition, Motify may receive information about you from third parties, such as:

5.2.22. state and municipal authorities (for example, the Land Register, Cadastre Information System, municipalities, archive, Office of Citizenship and Migration Affairs);

5.2.23. credit information bureaus and other persons entitled to maintain information on persons' solvency in order to verify the Client's ability to pay for Motify Services;

5.2.24. cooperation partners who help Motify accept payments from you.

6. Personal data processing period

6.1. Clients' Personal Data is processed to the extent reasonably necessary depending on the specific purpose of data processing, taking into account the provisions of applicable legal acts.

6.2. Motify will retain your Personal Data:

6.2.1. for as long as required or permitted by legal acts (for example, a service provision contract is retained for 10 years after its termination), and

6.2.2. while the contract concluded between the Client and Motify is in force (if this Personal Data relates only to that specific contract) (for example, contact person information or authentication information), and

6.2.3. as long as necessary to achieve the purposes of Personal Data processing specified in Section 3 of the Policy.

7. Transfer of personal data outside the European Union

7.1. In some cases Motify may transfer Personal Data outside the European Union, for example if data storage solutions providing data storage services outside the European Union are used, or by engaging third parties that help Motify perform the business tasks mentioned in this Policy, as well as responding to requests from Clients and their authorized persons located outside the European Union.

7.2. Depending on the circumstances, Motify may choose special safeguards for Personal Data protection specified in the Regulation, for example by entering into standard contractual clauses with the recipient of Personal Data, or use derogations, for example the necessity of performance of the contract concluded between the Client and Motify.

7.3. The Client has the right to review or receive information about these safeguards using Motify contact information specified in Section 2 of the Policy.

8. Client rights in personal data processing

Clients have the following rights regarding the Personal Data mentioned in this Policy:

8.1. Right of access. This means that Clients have the right to:

8.1.1. receive confirmation from Motify as to whether Personal Data concerning you is or is not being processed,

8.1.2. if Motify processes the Client's Personal Data, the Client has the right to access the relevant Personal Data and receive information on processing purposes, categories of Personal Data, categories of Personal Data recipients, Personal Data retention period, Client data protection rights, source of Personal Data, and automated decision-making (if any). Clients can review this information in this Policy. If you wish to receive additional information about your Personal Data, please use Motify contact information specified in Section 2 of the Policy.

For any additional copies of Personal Data requested by the Client from Motify, Motify may request a reasonable fee based on administrative costs. In addition, if you submit a request electronically and do not request otherwise, Motify provides the information in a commonly used electronic format.

8.2. Right to rectification. In case of inaccuracies, the Client has the right to request that Motify correct inaccurate Personal Data.

8.3. Right to erasure. The Client has the right to request that Motify erase your Personal Data if:

8.3.1. the Client withdraws consent to Personal Data processing, taking into account that withdrawal of consent does not affect processing carried out during the validity of the consent given;

8.3.2. Personal Data is no longer necessary in relation to the purposes specified in Section 3 of the Policy for which it was processed;

8.3.3. Personal Data is processed unlawfully;

8.3.4. Personal Data must be erased in accordance with requirements of legal acts.

Please note that the right to erasure does not apply where, under law, Motify is obliged to process Personal Data or processing is necessary for archiving, public interest, or statistical purposes, as well as in connection with the establishment, exercise, or defense of legal claims.

8.4. Right to restrict Personal Data processing. The Client has the right to request that Motify restrict Personal Data processing if:

8.4.1. the Client contests the accuracy of Personal Data or lawfulness of processing (restriction will apply while the contesting process is ongoing);

8.4.2. Personal Data processing is unlawful, but the Client objects to erasure of Personal Data;

8.4.3. Motify no longer needs the Personal Data, but the Client needs it to establish, exercise, or defend legal claims.

8.5. Right to object to processing. Based on reasons related to the Client's particular situation, the Client has the right at any time to object to processing of their Personal Data based on legitimate interests and consent specified in Section 4, as well as profiling or automated decision-making described in Section 9. Motify has the right to continue processing the Client's Personal Data despite objections received if Motify demonstrates compelling legitimate grounds for processing that override the Client's interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims.

Where Motify uses the Client's Personal Data for direct marketing purposes, the Client has the right at any time to object to processing of their Personal Data for such purposes where it includes profiling (as specified in Section 9 of the Policy).

8.6. Right to withdraw consent. The Client has the right to withdraw consent to Personal Data processing in cases where the basis for Personal Data processing is consent (as specified in Section 4 of the Policy). If consent is given through the Website, the Client may withdraw consent on the Website. In other cases, the Client may use Motify contact information specified in Section 2 of the Policy to withdraw consent.

If the Client withdraws consent, including consent to the use of cookies, Motify has the right to restrict the functionality and scope of its Services, including the operation of the Website and the provision of related services, if this depends on the existence of the relevant Personal Data. In such cases Motify will not be able to provide the Client with the relevant Services if, due to withdrawal of consent, Motify does not have the Personal Data necessary to ensure Services and/or functionality. Withdrawal of consent does not affect data processing carried out during the validity of the consent given.

8.7. Right to portability. The Client has the right to receive their Personal Data, which the Client provided to Motify, in a structured, commonly used, and machine-readable format and has the right to request that this data be transmitted to another controller (service provider) if this Personal Data is processed on the basis of a contract by automated means or on the basis of consent (as specified in Section 4 of the Policy).

8.8. Right to lodge a complaint. The Client has the right to lodge a complaint with Motify, as well as with the Latvian supervisory authority, the Data State Inspectorate, if the Client believes that the Client's Personal Data protection rights have been violated. If the Client wishes to lodge a complaint with the Data State Inspectorate, please contact Motify before contacting the Inspectorate. Motify cares about protection of the Client's Personal Data and will provide the Client with the necessary support.

To exercise these rights, the Client may use Motify contact information specified in Section 2 of the Policy, except where otherwise stated in this section.

9. Automated decision-making in personal data processing

Automated decision-making may take place with regard to the Client's Personal Data in the following cases:

9.1. Client profiling for sending personalized messages based on information transferred to Motify and depending on the Client's interests and Service usage habits. For Motify marketing purposes, Client Personal Data is selected by determining the category of data subjects;

9.2. within settlement functions, including debt collection activities, automated profiling of Client data takes place regarding the Client's payment and settlement habits. The Client's payment and settlement habits (including a negative payment history) may affect the content of warnings and the range of Services available to the Client;

9.3. payment history for Motify Services may affect the Client's right to make payments in installments. If the Client has a positive settlement history, the Client may have access to a function for paying for Services in installments.

10. Personal data processing through cookies

10.1. Detailed information about Personal Data processing carried out through cookies is available on the Website.

10.2. The Website may contain links to other websites. However, if the Client uses these links, it should be noted that Motify has no control over other websites. For this reason, Motify cannot accept responsibility for the protection and confidentiality of any information you provide while visiting such websites, and these websites are not covered by this notice. You should exercise caution and review the relevant website's confidentiality or privacy notice.

11. Policy

Motify has the right to make additions to the Policy by making its current version available to Clients on the Website.