Privacy Policy

MOTCard Privacy Policy

Last modified: November 10, 2017

Bighawk LLC, a New York limited liability company (“MOTCard”,we,” “us” or “our”), considers your privacy a top priority and is committed to protecting it through our compliance with this policy (the “Privacy Policy”). This Privacy Policy describes the types of information we may collect from you or that you may provide when you access, visit, browse, purchase, redeem, take advantage of, benefit from, enjoy, participate in, sign up for, interact with and/or use in any other way (each of the foregoing, both individually and collectively, “Use”) the website www.motcard.com (the “Site“), any feature, component or portion of the Site and/or any of the Member Benefit, and our practices and policies for collecting, using, maintaining, protecting, and disclosing that information. Please note that this Privacy Policy, as it may be amended, restated, modified and updated, is incorporated in its entirety into, and forms part of, the Site’s Terms of Service. Any capitalized term not defined in this Privacy Policy shall have the meaning given to such term in the Terms of Service.

For the avoidance of doubt, this Privacy Policy applies whether you are a visitor to the Site, a Member of MOTCard, or you are otherwise Using the Site or any Member Benefit, whether on behalf of yourself or any other individual or entity.

This Privacy Policy applies to information we collect or make available:

  • on the Site;
  • in email, text, and other electronic messages between you and the Site;
  • in and from any User Information or other information or materials you may upload to the Site or otherwise provide to MOTCard;
  • through any online publication MOTCard may offer in connection with the Site and the Member Benefits but only if you choose to sign up for that online publication;
  • from any Use by you of any Member Benefit that is offered or provided to you directly by MOTCard itself;
  • from a third party that offers or provides a Third-Party Member Benefit about your Use of such a Third-Party Member Benefit;
  • when you interact with our applications, content, and advertising on third-party websites and services, if those applications, content or advertising include links to this Privacy Policy; and
  • if and when you register or login to the Site through a Social Networking Service.

Except to the extent it expressly states otherwise, this Privacy Policy does not apply to information collected by:

  • MOTCard offline or through any other means, including on, at or through any website other than the Site, any mobile application that is not a mobile version of the Site or (unless it is a Member Benefit) any event or other organized social activity, business or non-profit organization, whether such is offered or provided by or on behalf of MOTCard and/or by or on behalf any third party; or
  • any third party, including through any application, advertisement or content that may link to or be accessible from or on the Site.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE WITH THESE POLICIES AND PRACTICES, YOUR SOLE CHOICE IS NOT TO USE THE SITE AND THE MEMBER SERVICES. BY USING THE SITE IN ANY WAY, YOU AGREE TO THIS PRIVACY POLICY. THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME. YOUR CONTINUED USE OF THE SITE AFTER WE MAKE ANY CHANGES TO THIS PRIVACY POLICY IS DEEMED TO BE YOUR ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THE PRIVACY POLICY PERIODICALLY FOR UPDATES.

  1. CONCERNING CHILDREN.

The Site is not intended or permitted for children under 13 years of age or for children under 18 years of age unless with parental consent (in either case, a “Non-Permitted Minor”). No Non-Permitted Minor may provide any information to or on the Site. We do not knowingly collect Personal Information from any Non-Permitted Minors. If you are a Non-Permitted Minor, do not: use or provide any information on the Site or on or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of the Site or provide any information about yourself to us, including but not limited to your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information (defined below) from a Non-Permitted Minor, we will delete that information. If you believe we might have any information from or about a Non-Permitted Minor, please contact us as soon as possible at Support@MOTCard.com.

  1. INFORMATION PROVIDED BY OR ABOUT YOU THAT WE COLLECT.

We collect several types of information from and about Users of the Site, including:

  • if and when you create an Account on the Site, sign up for any online publication we may publish or possibly when you choose to Use certain Member Benefits or Site features, information by which you may be personally identified (“Personal Information“) including, but not necessarily limited to: your first and last name, your email address, your phone number, your date of birth, as well as possible some additional biographical information about you such as but not necessarily limited to: your gender, education, profession;
  • in the event you enter into any transaction on the Site (for example, to become a Member, or in connection with any Member Benefit) or through the Site, transaction information such as, but not necessarily limited to, billing address, fulfillment instructions (if any), and credit card or payment card information (such information may in part or in whole constitute Personal Information); provided, however, that MOTCard will not retain any credit card or payment card information that would require the Site to be PCI-compliant;
  • records and copies of your correspondence (including email addresses), if you contact us;
  • your responses to surveys that we might ask you to complete for research purposes;
  • your search queries on the Site;
  • any information you submit to be published or displayed (hereinafter, “posted“) on any public areas of the Site or that you send to any other User or to any third party through the Site;
  • any information you send to any third parties through the Site;
  • information about the computer you use to access the Site, any related equipment and your internet connection, including your IP address, operating system, and browser type;
  • information about how you Use the Site or any Site feature, which may include Site traffic data, location data, logs, and other communication data and the resources that you access and Use on the Site;
  • information about how you Use any Member Benefit;
  • if you register or login to the Site through a Social Networking Service, information (possibly including Personal Information) provided by that Social Networking Service that you allow us to access (for more information, see https://www.facebook.com/about/privacy; https://www.linkedin.com/legal/privacy-policy; and/or https://www.google.com/policies/privacy/; and
  • information about your online activities over time and across third-party websites or other online services as discussed in greater detail in Section 5
  1. HOW WE COLLECT INFORMATION ABOUT YOU.

We collect information about you:

  • directly from you when you provide it to us including, but not limited to, when you create an Account, Use the Site, Use any Member Benefit, sign up for any online publication we may publish, complete a transaction, run search queries on the Site, use any Site feature, correspond with MOTCard, or respond to one of our surveys;
  • automatically as you Use and navigate through the Site;
  • automatically if you register or login to the Site through a Social Networking Service (for more information, see https://www.facebook.com/about/privacy; https://www.linkedin.com/legal/privacy-policy; and/or https://www.google.com/policies/privacy/.
  • automatically when you use the Payment Processor to complete any payment transaction on or through the Site. Please note that this Privacy Policy does not apply to any Personal Information or other information that you provide to an online payment service such as the Payment Processor except to the extent that information is transferred to the Site;
  • through the use of automatic data collection technologies, such as browser cookies; and/or
  • from third parties, for example, our business partners; and/or,
  • directly from you if and when you upload any documents or other materials to the Site.
  1. INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES; DO NOT TRACK SIGNALS.
    • As stated above, we may use automatic data collection technologies to collect certain information including, but not necessarily limited to, information about or in connection with you, your activities on the Site or otherwise, the computer you Use to access the Site, your browser and your internet connection.
    • The technologies we may use for this automatic data collection include but are not necessarily limited to the following:
      • Cookies and Pixel Tags.   Cookies are small data files containing a string of characters, such as an anonymous unique browser identifier.  Cookies are stored on your computer or other device and act as unique tags that identify your device or browser. Our servers may send your device a cookie when you visit the Site, and our vendors, partners and service providers may do likewise on the Site, on their websites, and elsewhere.  A pixel tag (also commonly known as a web beacon or clear GIF) is an invisible 1 x 1 pixel that is placed on certain web pages. When you access web pages on which a pixel tag is deployed, the pixel tag may generate a generic notice of the visit and permit MOTCard, our vendors, partners and service providers to set or read cookies.  Pixel tags are used in combination with cookies to anonymously track the activity on a website by a particular browser on a particular device. If you disable cookies, pixel tags simply detect an anonymous website visit.  MOTCard, alone or with our vendors, partners and service providers, may use cookies to, among other things, “remember” you (e.g., when you visit the Site or the websites of our vendors, partners and service providers), track trends, and collect information about how you use our our vendors, partners and service providers websites or interact with advertising.  We use cookies to provide relevant content to you and replace non-relevant ads with ads that better match your interests.
      • Hot Jar. HotJar is a technology uses a javascript snippet to record a User’s actions on the Site but does not record that User’s actions once they are no longer on the Site. For more information, please see https://docs.hotjar.com/docs/data-safety-and-security.
      • Google Analytics. Google Analytics collects information such as how often you and other Users visit the Site, what pages they visit when they do so, and what other Sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve the Site. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other identifying information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit the Site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use (http://www.google.com/analytics/tos.html) and the Google Privacy Policy (http://www.google.com/privacypolicy.html). You can prevent Google Analytics from recognizing you on return visits to the Site by disabling cookies on your browser.
    • The information we collect automatically may include Personal Information. In addition, we may maintain or associate such automatically collected information with Personal Information we collect in other ways or receive from third parties. These activities helps us to improve the Site and to deliver a better and more personalized service, including but not limited to enabling us to: estimate our audience size and usage patterns; store information about your preferences, which allows us to customize the Site according to your individual interests and needs; speed up your searches; and, recognize you when you return to the Site. Please note that if you refuse to accept the cookies on the Site by selecting the applicable settings on your browser, you will not be able to log on to the Site and the Site will not function as intended for you.
    • As stated above, we may also collect information about your online activities over time and across third-party websites or other online services by using automatic data collection technologies that may included (but would not necessarily be limited to) cookies, local shared objects and user data persistence modules. This kind of information collecting is known as behavioral tracking.
    • In addition, please note that the Site will not respond or operate differently in any way in response to any Do-Not-Track signals it receives from your web browser. If that is not acceptable to you, please immediately terminate your MOTCard Account and discontinue any further Use of the Site and the Member Benefits.
  2. THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES.

Some content or applications on the Site are served by third-parties, including content providers, and application providers. These third parties may use cookies alone or possibly in conjunction with other tracking technologies to collect information about you when you Use the Site. The information these third parties collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

  1. HOW WE USE YOUR INFORMATION.

We use information that we collect about you or that you provide to us, including any Personal Information:

  • to present the Site and its contents to you;
  • to provide you with information, products, or services that you request from us or that we provide or make available to you, including but not necessarily limited to Member Benefits;
  • to fulfill any other purpose for which you provide it;
  • to provide you with notices about your Account, including any expiration, suspension, termination and renewal notices, or about any Member Benefits you may be eligible to Use;
  • to carry out our obligations and enforce our rights arising from the Terms or any other agreements entered into between you and us, including for billing and collection;
  • to notify you about changes to the Site or any Member Benefits or other products or services we may offer, provide or make available through the Site;
  • to allow you to participate in interactive features on the Site;
  • to provide to our third-party vendors who assist us with operating, maintaining, and improving the Site by providing us with services, such as email delivery, operation of discussion forums, other information technology services, payment processing services and other services, and who receive your data for the limited purposes of providing us with such services;
  • to provide to third parties that offer or provide any Third-Party Member Benefits or Third-Party Resources and who receive your data specifically in connection with those third parties offering or providing Third-Party Member Benefits or Third-Party Resources to our Members;
  • to promote on the Site or to contact you about any other MOTCard services and products that we believe may be of interest to you;
  • to promote on the Site or to contact you about any Third-Party Member Benefits or any other third-party services and products that also involve MOTCard or the Site and that we believe may be of interest to you;
  • to enable us to display advertisements that are targeted at you and that are displayed on third-party websites and through other online channels about the Site, any Member Benefits or any other products or services MOTCard may directly offer, directly provide or otherwise make available to you in any other way we may describe when you provide the information; and/or
  • for any other purpose with your consent.
  1. DISCLOSURE OF YOUR INFORMATION.
    • We may disclose aggregated, anonymized information about our Users and their activities in connection with the Site, any of its features or any Member Benefits without restriction provided such information does not disclose the identify any specific User or identify any specific User as the source of any such information.
    • We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:
      • to our subsidiaries and affiliates;
      • to contractors, service providers, and other third parties we use to support our business and that are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;
      • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MOTCard’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by MOTCard about the Site’s Users is among the assets transferred;
      • to fulfill the purpose for which you provide it. For example, if you give us an email address to use an “email a friend” feature of the Site, we will transmit the contents of that email and your email address to the recipients;
      • for any other purpose disclosed by us when you provide the information; and/or
      • otherwise with your consent.
    • We may also disclose your Personal Information:
      • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
      • to enforce or apply the Terms, this Privacy Policy, or to carry out our obligations and enforce our rights arising from any other agreements entered into between you and us, including any obligations and rights related to billing and collection; and/or
      • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MOTCard, our Users or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  1. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION.

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Site may then be inaccessible or not function properly. Furthermore, if you choose to disable or refuse cookies in your web browser, other websites you visit may be inaccessible or not function properly.
  • Promotional Offers from MOTCard. If you do not wish to have your contact information used by MOTCard to promote any Member Benefits or any other products or services we offer, you can opt out by sending us an email stating your request to Support@com or, if and when you receive a promotional email from us, you may select the ‘unsubscribe’ link in that promotional email or instead send us a return email asking to be omitted from future promotional email distributions. Please note that this opt-out right does not apply to information provided to or by MOTCard in connection with any Member Benefit or other product or service offered by us that you are Using or have previously Used, any transaction you have entered into or have attempted to enter into through the Site, any payments you have made or have attempted to make through or otherwise related to the Site or any Member Benefit, any technical or customer support in connection with the Site or any Member Benefit you have Used or attempted to Use, or any communications about these Terms or any other agreement that both you and MOTCard are party to.

Also, as stated above, please note that we do not control third parties’ collection or use of your information to serve interest-based advertising. However, those third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

  1. ACCESSING AND CORRECTING YOUR INFORMATION.
    • You will be able to access and amend certain of the Personal Information you provided to MOTCard, such as your email address and your payment-related information, by visiting the “My Account” section of the Site. However, MOTCard does not guaranty that you will be able to access or amend all of your Personal Information in this manner.
    • You may send us an email at any time to Support@MOTCard.com to request access to, correct or delete any Personal Information that you have provided to us. However, we cannot delete your Personal Information except by also deleting your Account. Furthermore, MOTCard may not accommodate a request to change or delete any or all of your Personal Information if we believe the change or deletion could be considered a violation of any applicable law, statute, regulation, ordinance, judgment, decision or other legal requirement, or cause your Personal Information to be incorrect or erroneous or to include or increase any material omission.
    • In the event that you delete any User Information you have previously uploaded or Transmitted to the Site, copies of such User Information (for example, any comments you posted on a public comment board) may remain viewable in cached and archived pages, or might have been copied or stored by MOTCard or other Site Users.
  2. SOCIAL LOGIN.
    • In order to simplify our registration and login process, we may provide you with the option to register or login and link your Account with a third-party social networking service, such as Facebook, Google, and LinkedIn (each a “Social Networking Service”). If enabled, these services will authenticate your identity, will allow you to log into the Site using a single social login button, and will share certain Personal Information that you authorize us to collect.
    • If you choose to register or login to the Site through a Social Networking Service, we will ask you for your permission to access your data on the Social Networking Service to create an Account for you or to update that Account. In addition, we may use this data for certain other purposes, including:
      • Populating Account and Profile Fields: when you are connected via a Social Networking Service, we may pre-populate and update your Account with data from the Social Networking Service that you allow us to access; and
      • Aggregate Reporting: when you are connected via a Social Networking Service, we may use data from the Social Networking Service that you authorize us to access to learn more about the demographic information of our Users.
    • You may disconnect from a linked Social Networking Service at any time by visiting the “My Account” section of the Site.
    • No information about you collected on the Site will be shared with a linked Social Networking Service without your authorization. This means, for example, that nothing will be posted to your Facebook wall or Google account unless you give us specific permission to do so, and your Social Networking Services friends and followers will not be contacted at any time. The Site will not store or utilize the names of your Social Networking Services friends or followers even if they are provided to the Site by a Social Media Service during registration or login.
    • Social Networking Services provide varying levels of control over the extent to which content or information you may submit to the Site is also made public and shared on linked Social Networking Services. When you use a Social Networking Service to log into the Site:
      • you share your information with it and its privacy policy applies to the Social Networking Service’s collection, use, and disclosure of such information;
      • the Social Networking Service may be able to collect information about you, including your activity on the Site and in connection with the Member Benefits, and it may notify your connections on the Social Networking Service about your Use of the Site and the Member Benefits; and
      • such Social Networking Service may also employ unique identifiers that allow your activity to be monitored across multiple websites for purposes of delivering targeted advertising to you.
    • Please note that the privacy policies and terms of use of linked Social Networking Services may be different from those of the Site. Please read them and also familiarize yourself with the privacy controls and account settings on any linked Social Networking Services for information on how to customize your privacy settings with respect to content or information submitted to the Site.
  3. YOUR CALIFORNIA PRIVACY RIGHTS.

California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to Support@MOTCard.com.

  1. DATA SECURITY.

We have implemented a variety of industry-standard measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Among other measures, MOTCard uses industry-standard data protection technologies, including Secure Sockets Layer (SSL) transmission, password-protected database storage, and secured servers. All Personal Information and any other information related to payment transactions will be protected by industry-standard encryption and data protection measures at all times; provided, however, that any Payment Method information you provide to the Payment Processor that would require the Site to be PCI-compliant will not be stored on MOTCard’s computer systems.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site such as any Member Common Boards. The information you share in such public areas may be viewed by any User of the Site.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

  1. RETENTION OF PERSONAL INFORMATION.

Certain of your Personal Information required for your Account (including but not necessarily limited to information such as your name, date of birth, email address, login credentials and passwords for the Site) shall be retained until you or MOTCard chooses to delete your Account on the Site. Furthermore, MOTCard reserves the right to retain certain Personal Information indefinitely in connection with MOTCard’s books and records, such as a customer list or a record of transactions conducted through the Site. Other than the Personal Information described in the preceding sentences, all your Personal Information shall be automatically deleted from the Site within thirty (30) continuous days of the expiration or termination of your Account unless (i) MOTCard is required to do otherwise by any applicable law, statute, regulation, ordinance, judgment, decision or other legal requirement, or (ii) MOTCard has reason to believe retaining some or all of such Personal Information is necessary or appropriate to protect the rights, property, or safety of MOTCard, our Members or our other Users, or others, including but not limited for the purposes of fraud protection and credit risk reduction. In addition, certain of your payment-related Personal Information will not be deleted for as long as you have selected or are otherwise obligated to make any recurring payments through the Site.

  1. CHANGES TO OUR PRIVACY POLICY.

Any changes made to this Privacy Policy will be posted on this page along with a notice that the Privacy Policy has been updated on the Site home page. If we make material changes to how we treat our Users’ Personal Information, we will notify you by email to the email address specified in your Account and/or through a notice on the Site home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and functional email address for you, and for periodically visiting the Site and this Privacy Policy to check for any changes or updates.

  1. CONTACT INFORMATION.

To ask questions or comment about this Privacy Policy or our privacy practices, contact us at any time at Support@MOTCard.com or at 265 E 66 St., Suite 9C, New York, NY  10065, Attn: User Support.

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