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Privacy Policy of Motion Materials

Our Commitment to You

Motion Materials (hereinafter referred to as "the Service" or "we") is dedicated to providing users with the highest level of transparency and control over the use of their information. In order to provide you with the Service, we are required to collect and process certain personal information about you and your activity. By entrusting us with your information, we would like to assure you of our commitment to keep such information private. We have taken measurable steps to protect the confidentiality, security, and integrity of this information.

When you use the Service, you consent to the collection, storage, use, disclosure, and other uses of your Personal Data as described in this Privacy Policy. We urge you to read this Privacy Policy carefully and make sure that you fully understand and agree to it. If you do not agree to this Privacy Policy, please discontinue and avoid using the Service.

Effective as of October 17, 2024

Grounds for Data Collection

Motion Materials (hereinafter referred to as "the Service" or "we") collects and processes Personal Data to provide users with the best service experience. Personal Data refers to any information which may potentially allow your identification with reasonable means.\n\nWhile you are not legally required to provide us with your Personal Data, without it we might not be able to provide you with the full range of, or the best experience while using our Services.

Our legal basis for collecting and using your Personal Data includes:

  1. Data Protection: We treat your personal information and privacy as our top priority. We employ the latest security technologies and stringent data protection procedures to keep your information safe.
  2. Consent: In limited cases (e.g., where you accept cookies on our Services), we will process your Personal Data based on your consent. You can withdraw your consent at any time by contacting us using the details provided below.
  3. Legitimate interests: Processing for maintaining and improving our Services, enhancing customer service, and protecting and securing our users and Services.
  4. Compliance with a legal obligation: Processing to comply with legal obligations set out in applicable laws or to respond to orders from courts or regulatory bodies.

The processing of Personal Data is necessary for the performance of our contractual obligations towards you, for provision and operation of our Services, to protect our legitimate interests, and for compliance with legal and regulatory obligations to which we are subject.

We are committed to keeping the collected information private. We have taken measurable steps to protect the confidentiality, security, and integrity of this information.

What type of data we collect?

Motion Materials may collect the following personal and non-personal data to provide and improve the Service, to identify users, to allow access to certain parts of the Service, and for other purposes indicated in this policy:

Personal Data

  1. Registration information: When you sign up for our Service, we collect your username and email address.
  2. Information received from you: Information voluntarily provided when contacting us, signing up for newsletters, participating in surveys, etc.
  3. When using our Services: Your IP address and general location information (such as city and country).
  4. Information from third parties: If you choose to register using social media accounts, we receive information provided by those platforms.
  5. Usage Data: Analytical information about how you use our software and plugins, including session data, device information, etc.
  6. Digital rights management data: Information on content published online that includes our materials.

Non-Personal Data

  1. Technical information: Browser type and settings, operating system, device type, session times, referral URL, time zone, network connection type, etc.
  2. Aggregated data: Statistical or demographic data that does not directly identify an individual.

The collected data is used to operate and improve our Service. If we combine Personal Data with non-Personal Data, the combined dataset will be treated as Personal Data.

Tracking Technologies

When you access Motion Materials' services, we (and authorized third parties) use pixels, cookies, events, and other technologies (collectively, "Tracking Technologies"). These allow us to automatically collect information about you, your device, and your online behavior to enhance navigation in our Services, improve performance, perform analytics, and customize your experience.

First Party Tracking Technologies

These are Tracking Technologies stored by us when you visit or access our Services.

Third Party Tracking Technologies

These are Tracking Technologies stored by other third parties (such as our analytics service providers, business partners, and advertisers).

Both types of Tracking Technologies may be stored either for the duration of your visit on our Services or for repeat visits.

Google Analytics

We use "Google Analytics" to collect information about the use of our Service. Google Analytics collects information such as:

  • How often users visit our site
  • What pages they visit when they do so
  • What other sites they used prior to coming to this site

We use the information we get from Google Analytics only to improve our Services. Google Analytics collects only the IP address assigned to you on the date you visit our site, and plants a cookie on your web browser to identify you as a unique user the next time you visit.

We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google's ability to use and share information collected by Google Analytics about your visits to this site is detailed in the Google Privacy Policy.

You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

How to Manage Your Tracking Technologies Settings

There are various ways in which you can manage and control your Tracking Technologies settings. Please remember that, by deleting or blocking Tracking Technologies, some of the features of the Services may not work properly or as effectively.

Web Browser Settings

Below are links to some commonly used web browsers' cookie settings:

For other browsers, please consult the documentation that your browser manufacturer provides.

Mobile Device Settings

You can opt-out of certain types of interest-based advertising (or "cross-app" advertising), by accessing the "settings" on your device:

  • If you're using an Apple device: Configure your device to limit ad tracking by clicking on "settings" > "privacy" > "advertising" and toggling "limit ad tracking" to 'on.'
  • If you're using an Android device: Open the "Google Settings" app on your device, select "Ads", and then select the option to opt-out of interest-based ads.

Please note that the above information may change when manufacturers update their systems. Also note that your device may use another platform not described above. In that case, please consult the manufacturer documentation for further instructions.

Disabling Third-Party Advertising Cookies

You can also turn off certain third party targeting and advertising cookies by visiting the Network Advertising Initiative and http://optout.aboutads.info/#!/.

Tracking Technologies

Motion Materials uses the data we collect for the following purposes:

  1. Provision of service: We use your Personal Data to provide our Services, including support and responding to your queries.
  2. Improvement of our services: We analyze information on user profiles and how users interact with our services to improve our offerings.
  3. Service announcements: We communicate with you to keep you informed of our latest updates and service offers.
  4. Service customization: We customize the Services, including the content offered, to your needs and preferences for an optimal experience.
  5. Marketing purposes: We may use your Personal Data (such as email address or phone number) for marketing purposes. Promotional materials may be personalized using an automated profile based on your Personal Data.
    • Opt-out of receiving marketing materials:You can choose not to receive our promotional or marketing emails by clicking the "unsubscribe" link in the emails you receive from us.
    Note: Even if you unsubscribe from marketing emails, we may continue to send service-related updates and notifications or reply to your feedback.
  6. Analytics, surveys and research: We may conduct surveys, test features, and analyze data to develop and improve our Services and create new features.
  7. Protecting our interests: We may use your Personal Data to protect against liabilities, defend against third-party claims, protect ourselves from fraud, ensure the security and integrity of our services, and protect the rights and property of Motion Materials, its users, and/or partners.
  8. Enforcing of policies: We may use your Personal Data to enforce our policies, including but not limited to our client agreement.
  9. Compliance with legal and regulatory requirements: We may use your Personal Data to investigate violations and comply with laws, regulations, governmental authorities, or legal processes.

Please note that even if you opt-out of marketing communications, we may still use and share your Personal Data with third parties for non-marketing purposes (e.g., to provide our Services, fulfill your requests, communicate with you, and respond to your inquiries). In such cases, the companies with whom we share your Personal Data are authorized to use your Personal Data only as necessary to provide these non-marketing services.

With Whom Do We Share Your Personal Data?

Motion Materials may share your Personal Data in the following cases:

  1. Internal concerned parties: We share your information with companies in our group and our employees to provide you with our services.
  2. Business partners: We share your information with business partners, such as storage and analytics providers, who help us provide our Service. These third parties may have access to your Personal Data to perform tasks on our behalf, but they are obligated to comply with this Privacy Policy and may not use your Personal Data for any other purpose. In some cases, the Services may integrate third-party platforms. You will be able to easily identify these integrations (such as payment methods and other media platforms like YouTube), and those integrated third-party services will be visible. In such cases, those third parties will process your information in accordance with their own privacy policies, and this Privacy Policy will not apply to these processing activities.
  3. Compliance with laws and law enforcement entities: We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any data about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect our or a third party's property and rights, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.

    We also may be required to disclose an individual's Personal Data in response to a lawful request by public authorities, including meeting national security or law enforcement requirements.

  4. Merger and acquisitions: We may share your data if we enter into a business transaction such as a merger, acquisition, reorganization, bankruptcy, or sale of some or all of our assets. Any party that acquires our assets as part of such a transaction may continue to use your Personal Data in accordance with the terms of this Privacy Policy.
  5. YouTube API: Motion Materials' API client uses YouTube API Services. If you are using our service on YouTube, you hereby certify that you have read and agree to YouTube's Terms of Service and Google's Privacy Policy.

With Whom Do We Share Your Personal Data?

Please note that some data recipients may be located outside the EEA (European Economic Area). In such cases, Motion Materials will transfer your data only in one of the following ways:

  1. To countries approved by the European Commission as providing adequate levels of data protection.
  2. By entering into legal agreements ensuring an adequate level of data protection.

These measures ensure that your personal data remains protected even when transferred outside the EEA.

How we protect your information

Motion Materials has implemented the following administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Data:

  1. Secure data storage:Your data is stored on secure servers and is not publicly available.
  2. Limited access:We limit access to your information only to those employees or partners on a "need to know" basis, in order to enable the carrying out of our services.
  3. Encryption:We use appropriate encryption techniques for data in transit.
  4. Regular security audits:We conduct regular audits to identify and address potential vulnerabilities in our systems.

However, while we seek to protect your information to ensure that it is kept confidential, we cannot absolutely guarantee its security. Therefore, we ask for your cooperation in the following areas:

  • Help us prevent unauthorized access to your account by protecting your password appropriately.
  • You will be solely responsible for keeping your password confidential and for all use of your password and your account, including any unauthorized use.
  • Be aware that there is always some risk involved in transmitting information over the internet.

While Motion Materials strives to protect your Personal Data, we cannot ensure or warrant the security and privacy of your Personal Data or other content you transmit using the service. You do so at your own risk.

Retention

Motion Materials will retain your Personal Data for as long as necessary to:

  1. Provide our services
  2. Comply with our legal obligations
  3. Resolve disputes
  4. Enforce our policies

Retention periods will be determined taking into account:

  • The type of information that is collected
  • The purpose for which it is collected
  • The requirements applicable to the situation
  • The need to destroy outdated, unused information at the earliest reasonable time

Under applicable regulations, Motion Materials will keep records containing:

  • Client personal data
  • Trading information
  • Account opening documents
  • Communications
  • Any other information required by applicable laws and regulations

Motion Materials strives to comply with legal requirements regarding data retention while ensuring that unnecessary data is appropriately deleted when it is no longer needed.

User Rights

European Union (EU) Users

If you reside in the EU, you may request to:

  1. Receive confirmation as to whether or not Personal Data concerning you is being processed, and access your stored Personal Data, together with supplementary information.
  2. Receive a copy of Personal Data you directly volunteer to us in a structured, commonly used and machine-readable format.
  3. Request rectification of your Personal Data that is in our control.
  4. Request erasure of your Personal Data.
  5. Object to the processing of Personal Data by us.
  6. Request to restrict processing of your Personal Data by us.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.

California Users

Under the California Consumer Privacy Act (CCPA), you have the right to:

  1. Request that we disclose what personal information we collect, use, disclose, and sell (the "Right to Know").
  2. Request that we correct inaccurate Personal Information about you.
  3. Request that we delete personal information we collected from you, subject to certain exceptions.
  4. Request that we limit our use or disclosure of your "Sensitive Personal Information" that we collected from you.
  5. Not be discriminated against in pricing and services because you exercise any of your rights under the CCPA.
  6. Opt out of the sale of your personal information.

Change Your Cookie Settings

Motion Materials' website uses the following categories of cookies:

  1. Strictly necessary cookies
  2. Performance cookies
  3. Targeting cookies
  4. Functionality cookies

You can change your cookie settings through the cookie settings panel on our website.

How to Submit a Request

When submitting a request regarding any of the aforementioned rights, please note that your request must:

  1. Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative.
  2. Describe your request with sufficient details to allow 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. Making a verifiable consumer request does not require you to create an account with us.

User Rights

Motion Materials understands the importance of protecting children's privacy, especially in an online environment. Our website and Services are not designed for or directed at minors under the age of 16 years old ("Minors").

We do not knowingly collect any Personal Data from Minors. If a parent or guardian becomes aware that their child has provided us with Personal Data, they should contact us using the details provided below:

[email protected]

We will take appropriate steps to promptly delete any Personal Data that may have been inadvertently collected from Minors.

Additional Information for California Residents

This part of the Privacy Policy addresses the specific disclosure requirements under the California Consumer Privacy Act of 2018 (Cal. Civ.§1798.100–1798.199), the California Consumer Privacy Act Regulations by the Attorney General (collectively, "CCPA"), and the California Privacy Rights Act of 2020 (the "CPRA").

Collecting Personal Information

In the preceding twelve (12) months, Motion Materials has collected the following categories of Personal Information:

  1. Identifiers
    • Information collected: Name, email address, IP address, username
    • Sources: Directly from consumers, website activity, third parties (social networks, advertising networks, etc.)
    • Purpose: Operate services, product development and improvement, customer service, security protection, internal analytics and reporting, internal research, service maintenance and enhancement, debugging, auditing, advertising and direct marketing, fraud prevention, compliance with legal requirements
  2. Personal Information Categories listed in the California Customer Records Statute
    • Information collected: Name, telephone number, passport number, credit card number
  3. Internet or Other Electronic Network Activity Information
    • Information collected: Interaction with our Services
    • Sources: Marketing and advertising providers, data analytics providers, directly from consumer's device
  4. Geolocation Data
    • Information collected: Country, State
    • Source: Directly from consumer's device using IP address
  5. Inferences drawn from personal information
    • Information collected: Individual's preferences and characteristics
    • Sources: Advertising networks, social networks, directly from consumer's device, publicly available sources or social media pages
  6. Commercial Information
    • Information collected: Transaction information, purchase history
    • Source: Internal record of transactions

Among the types of personal information collected, account login information, passport number, and credit card number are considered "Sensitive Personal Information" under the CCPA and CPRA.

Sharing Personal Information

In the preceding twelve (12) months, Motion Materials has disclosed personal information to, or allowed access by, the following categories of recipients:

  • Data analytics vendors
  • Quality assurance vendors
  • Cloud storage Providers
  • Payment and auditing processors
  • Service providers
  • Advertising networks and marketing affiliates

Selling Personal Information

Motion Materials does not "sell" personal information about our users as most people would typically understand this term. However, we do allow certain third-party partners to collect pseudonymized information about consumers through our Services for purposes of serving relevant ads and related marketing materials (including related activities such as campaign measurement and analytics, fraud detection and reporting). In this context, we "sell" resettable advertising identifiers and IP addresses to our advertising partners. These allow developers and marketers to track activity for advertising purposes and are used to enhance the personalization of ads.

You may opt out from the "sale" of your personal information by: (a) Using our Opt-Out mechanism available at [Insert link to opt-out mechanism here] (b) Resetting these identifiers from within your device or limiting ad tracking for your device

You may also contact us directly using the contact details provided below:

[email protected]

Additional Information for California Residents

If you wish to exercise any of the aforementioned rights or receive more information, please submit a request through our Help Center:

[email protected]

Motion Materials' EU representative information: Representative: Yuta Imanishi Motion Materials Europe GmbH

For data protection inquiries, please contact us at: [email protected]

Motion Materials will promptly disclose information when required to do so under applicable laws. We are committed to respecting user rights and providing information in a transparent manner.

Updates to This Policy

This Privacy Policy is subject to changes from time to time, at Motion Materials' sole discretion. The most current version will always be posted on our website, as reflected in the "Last Updated" heading. You are advised to check for updates regularly.

In the event of material changes, we will provide you with a notice. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the updated Privacy Policy.

In the event of material changes, we will provide you with a notice. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the updated Privacy Policy.