Effective Date: June 22, 2023
Last Reviewed on: June 21, 2023
This policy (“Policy” or “Notice”) applies solely to all individuals that reside in the State of California who are job applicants, employees, directors, officers, or contractors of Motivate LLC (“Motivate,” “we,” or “our”) (the former collectively “Applicant(s)/Worker(s),” “you,” or “your”). We adopt this Policy and Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”). Any terms defined in the CCPA or CPRA have the same meaning when used in this notice.
Under the laws above, Applicants/Workers have the right to:
- Know the types of personal information that Motivate has collected;
- Request deletion of personal information (subject to certain exceptions, such as when the information is: necessary to complete a transaction, or to comply with a legal obligation or an investigation or inquiry by a government agency or law enforcement; for internal uses reasonably aligned with the expectations of the data subject; or when deletion proves impossible or involves disproportionate effort);
- Opt out of automated decision-making technology (which includes profiling applicants or employees based on automated technology);
- Correct inaccurate personal information;
- Limit the use of sensitive personal information beyond that which is necessary to perform the services reasonably expected by those who request the services, fulfills certain business purposes as defined under the CPRA, or is otherwise authorized by any current and future regulations;
- Limit the sharing or selling of sensitive personal information; and
- Exercise these rights free from retaliation.
Motivate will comply with these rights to the extent applicable.
Information We Collect
We may collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Applicant/Worker or device (“Personal Information“). In particular, we may have collected the following categories of Personal Information, including (where noted) sensitive personal information (“SPI”), from those Applicants/Workers who are subject to this Notice within the twelve (12) months preceding the Effective Date above:
Categories and Non-Exhaustive Examples of Personal Information which are Collected
Identifiers, and characteristics of legally-protected classifications (demographic data). This includes information like name, signature, postal address, email address, insurance policy number, marital status, birth date, gender, gender identity, disability status, and military or veteran status.
SPI. This includes data like financial/bank account numbers, social security number, driver’s license number, state identification card number, passport number, race or ethnicity data, medical or health information, biometric data, geolocation data, and union membership.
Biometric information. This includes information like ID badge photos and fingerprints used with time-keeping systems. This information is collected for employees only, not job applicants.
Internet or other similar network activity. You use Motivate systems every day for your work. All the activity you have on these systems, from email to web browsing, is collected and used. This includes log-in details, software application usage, VoIP phone usage, and file share access.
Geolocation data. This includes location data we may collect as part of your use of a Motivate-issued smart phone or tablet, and GPS data collected when you use one of our fleet vehicles.
Sensory data. This is data which may or may not be related to you directly, as it is usually data coming from devices like security motion detectors or similar devices. However, if it is tied to other data, like key card access logs, it can become Personal Information.
Professional or employment-related information. This is all the data related to your application (including prior employment history) and employment with Motivate, including but not limited to Personal Information related to individuals who receive benefits from Motivate as a result of your status as an Applicant/Worker with Motivate. For example, it can include “right to work” documents, payroll and benefits data, medical leave data, and other kinds of information necessary for Motivate to acquire, manage, and retain talent in its workforce.
Non-public education information. This is information related to your academic credentials such as what school you went to, what your GPA was, what activities or sports you did in school, and other data on your school transcripts.
Inferences Motivate draws based on Personal Information. This includes information in job applicant notes and evaluations, performance reviews, any testing you may have undertaken, information related to succession planning, as well as predictive analytics related to your use of Motivate IT systems and networks.
Personal Information does not include:
- Publicly available information from government records;
- Deidentified or aggregated information; or
- Information excluded from the CCPA’s scope.
Motivate obtains the categories of Personal Information listed above from the following categories of sources:
- Directly from you. For example, from verbal discussions, documents you provide, and forms you complete.
- Indirectly from you. For example, from observing your actions as an Applicant/Worker, from records of your use of Motivate information technology, and from location-tracking-enabled devices connected to Motivate assets you may use as part of your regular employment-related activities with Motivate.
- From independent third parties related to your eligibility for employment and our ongoing management of our business.
- From other Applicants/Workers, as part of Motivate’s hiring, management, evaluation, training, and discipline processes.
Use of Personal Information
We may process, use, or disclose the Personal Information we collect for one or more of the following business purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to apply for a job at Motivate, if you share information to request vacation time, in order for Motivate to administer your benefits, or for Motivate to process payroll.
- To provide, support, personalize, and develop our Applicant/Worker population, including but not limited to training, talent management, periodic reviews, performance tracking, promotions, and discipline.
- To provide you with support and to respond to your inquiries.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your Personal Information, or as otherwise set forth in the CCPA or subsequently agreed to by you.
- Disclosures made in an effort to prevent or halt violations of Motivate policies, illegal activities, or as required by law.
- Disclosures that we reasonably believe are necessary to defend against or prevent us from incurring liability to third parties.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
Motivate is part of a group of companies where certain services may be centralized by one or more affiliates for the entire group or a part of it. We, therefore, reserve the right to share Personal Information with our direct and indirect affiliates for all purposes described above. Whenever we share Personal Information with affiliates, we request from them that they commit themselves to only process Personal Information in line with this Notice.
We may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract. These third parties are “Service Providers” as defined by applicable law. We do not share Personal Information with any third parties who are not Service Providers, where Motivate may receive a financial benefit from such sharing.
We may also disclose your Personal Information to another company as part of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets to that company; or where required by Motivate policy, law, or in response to valid legal process compelling disclosure.
Disclosures of Personal Information
In the twelve (12) months preceding the Effective Date above, Motivate has disclosed all of the categories of Personal Information as noted above, for the business purposes described above.
We disclose your Personal Information for a business purpose only to Service Providers, or where required by law, or in response to valid legal process compelling disclosure.
Sales of Personal Information
In the twelve (12) months preceding the Effective Date above, Motivate has not sold Personal Information. Motivate does not and will not sell Personal Information of Applicants/Workers.
Retention of Personal Information
Motivate will retain employee biometric data only until, and will request that its vendors and the licensor of our time and attendance software permanently destroy such data when, the first of the following occurs: The initial purpose for collecting or obtaining such biometric data has been satisfied, such as the termination of the employee’s employment with Motivate, or the employee moves to a role within Motivate for which the biometric data is not used; or within 3 years of the employee's last interaction with the Motivate. All other information will be retained as long is necessary for Motivate to fulfill continuing obligations to conduct internal investigations and respond to requests for information from outside agencies.
Changes to this Policy
Motivate reserves the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will post the updated notice on our website and update the notice’s effective date.
For Inquiries or to Submit Requests for Information, Correction, or Deletion