Last Updated: December 2023

1. Overview

In Motion ("In Motion," "we," "us," "our") values your privacy and pledges to safeguard it, adhering to the guidelines set out in this Privacy Policy ("Privacy Policy"). This document outlines our methods for gathering and utilizing your Personal Information during your visit to our website at https://www.in-motion-media.com, your interaction with the Platform as detailed in the Terms of Service, and through electronic communications sent to In Motion. We encourage you to read this Privacy Policy thoroughly to understand how we manage your Personal Information. If you disagree with our privacy practices, please refrain from using the Platform. By accessing or using the Platform, you acknowledge and consent to the terms of this Privacy Policy. In Motion reserves the right to modify this Privacy Policy at any time, at its sole discretion. Continued use of the Platform after such changes indicates your acceptance of and agreement to the revised Privacy Policy. Therefore, we advise you to review the Privacy Policy regularly for any updates. This Privacy Policy operates under the In Motion Terms of Service. The Services, which form a part of the Platform, are further described in the Terms of Service.

2. Categories of Information Collected by In Motion and Methods of Collection

When you access the Platform, In Motion may gather two categories of information from you: Personal Information and Non-Personal Information, both of which are collectively referred to as “Information.” “Personal Information” encompasses data that can be used to personally identify you, including details like your name, email address, employer, job title and department, and phone number. On the other hand, “Non-Personal Information” pertains to data related to you but does not specifically identify you. For instance, if you simply browse, read, or view content on our Platform without engaging in any specific action, we collect and store information about your visit that is not personally identifying. We gather Information in the following ways: Directly from you, upon your provision. When you subscribe to a newsletter, create an account, make a purchase, or seek information from In Motion, we collect details like your name, contact information, billing and shipping details, as well as your account ID or credentials, to fulfill your request. Similarly, if you schedule an appointment via the Platform, attend a trade show or event, or contact us in any manner, you might voluntarily offer similar information. If you provide Personal Information about others to us or our service providers, it's your responsibility to ensure you have the authority to do so, and for them to be used in line with this Privacy Policy (for instance, by obtaining their consent). From third-party sources. We receive information from partners, vendors, suppliers, and other third parties. These entities, which may be corporate, educational, or public enterprises, are located in various regions where we operate. They mainly include advertising and marketing companies, data and information vendors, public database providers, social media platforms, partners, product or service providers, event or trade show hosts or vendors, research partners, and enterprises using In Motion Services. We ensure that the information received from these sources is collected with your consent or that these entities are legally allowed to share your Personal Information with us. We may also gather information in collaboration with a partner, or co-create datasets for purposes such as enhancing the Platform, improving existing products, and developing new features. Sometimes, we combine Personal Information from multiple sources, including directly from you or through your use of the Platform. Automatically, as you use the Platform or our Services. We track your interactions with the Platform using cookies, pixel tags, and similar technologies. For more details on our use of these technologies, and how you can manage cookies or our response to Do Not Track signals, please refer to our separate Cookies Policy.

3. Usage of Personal Information Collected by In Motion and the Rationale for Collection and Utilization

The Personal Information we gather about you, or that you provide to us, is utilized for these purposes: To Enhance and Develop the Platform and In Motion Services. We utilize information to deliver, enhance, and personalize the Platform and other services offered by In Motion. Certain information, like your IP address, facilitates communication with your device for network connectivity, assessing Platform usage, diagnosing server issues, and implementing security measures. We engage in data analysis for testing, refining, innovating, or creating new products, services, and technologies, and for trend identification. Cookies and similar technologies, such as pixel tags, are employed to ensure the efficient operation of our websites and the Platform. For more details on our use of cookies, please refer to our Cookies Policy. For Customer Support, Platform Updates, and Reporting. The Platform utilizes information to provide updates and reports to In Motion, ensuring its proper functioning. Update processes may automatically verify your system for necessary file refreshes or updates to provide up-to-date security, versions, features, options, and controls. This information is critical for analyzing performance and maintaining and enhancing the Platform. We also depend on the Personal Information you offer for customer support for the Platform and other In Motion Services, as well as for validating eligibility for promotional offers. For Business Operations. We employ information for our business operations, such as accounting, auditing, billing, reconciliation, and collections. Uses of your Personal Information also include monitoring and preventing fraud or crime, protecting our legal rights, and fulfilling contractual obligations. Additionally, we use Personal Information to contact you for advertising, marketing, and selling In Motion Services, respecting your communication preferences. For Communication. Contact information is used for sending messages, providing In Motion Services, responding to customer service requests, alerting about security updates or policy changes, and informing about ending subscriptions. We also use it for sending marketing or informational materials, like newsletters or white papers, based on your communication preferences. Occasionally, we conduct surveys or research requiring voluntary Personal Information sharing, accompanied by additional notices and consent requests regarding information use. For Advertising and Marketing. Personal Information collected from you, combined with data on viewed advertisements and other collected information, enables personalized content provision and advertising and marketing campaign effectiveness analysis. You can control the use or sharing of your device’s location in your device settings, which may affect the provision of personalized In Motion Services and content on the Platform. For Platform Improvement through Statistical Analysis. We compile Platform statistics into reports to understand and respond to user needs. Learning of increased interest in certain Platform aspects might lead to their prominence on the home page, enhancing user experience. LEGAL BASIS FOR USE (APPLICABLE ONLY IN EEA AND UK): For visitors in the European Economic Area or the United Kingdom, our collection and use of Personal Information depend on the specific context and the Personal Information in question. We collect Personal Information with your consent, for contract fulfillment, legal obligations, or when processing aligns with our legitimate interests (like administrative processes, direct marketing, product development, fraud prevention, and information security), not outweighed by your data protection rights. The necessity and mandatory nature of Personal Information collection will be clarified during collection, along with any consequences of non-provision. Where we base our processing on legitimate interests, we will provide clear notice and detail these interests. In the EEA and UK, In Motion acts as the Data Controller for Personal Information collected via the Platform, except where stated otherwise in the Services (where In Motion is the Data Processor) or in supplementary Privacy Policies. Contact details for In Motion are in the "HOW TO CONTACT US" section. For inquiries or information about the legal basis for specific processing activities, please refer to the contact details in the “HOW TO CONTACT US” section. RETENTION OF YOUR PERSONAL INFORMATION: We retain your Personal Information only as long as necessary for the purposes we collected it for, including legal, regulatory, tax, accounting, or reporting requirements and other purposes stated in this Privacy Policy. Retention may be extended in case of complaints or potential litigation. The retention period considers the Personal Information's volume, nature, sensitivity, potential misuse risks, processing purposes, other means to achieve those purposes, and legal requirements. You may request data deletion (see “YOUR LEGAL RIGHTS”). We may anonymize Personal Information for research or statistical purposes, using it indefinitely without further notice.

4. In Motion's Information Protection Measures

The Platform is designed with reasonable and appropriate administrative, technical, and organizational security measures to safeguard your Personal Information. These measures are aimed at protecting against risks such as temporary or permanent loss, destruction, and unauthorized or unlawful access, alteration, use, or disclosure. We also require our suppliers and vendors to implement similar protective measures when they access or use Personal Information that we share with them. Users of the Platform have a responsibility to protect the data, systems, networks, and services they use. It is important to note that no technology, data transmission, or system can be guaranteed to be completely secure. If you suspect that your interaction with us is no longer secure (for instance, if you believe that your password to an In Motion account has been compromised), please immediately inform us by following the contact instructions provided in the “HOW TO CONTACT US” section below.

5. Circumstances Under Which In Motion Discloses Your Information

Circumstances Under Which In Motion Discloses Your Information In Motion collaborates with affiliates and authorized suppliers and business partners to deliver the Platform and other In Motion Services. When sharing your Personal Information with these entities, we ensure that measures are in place to restrict the use of your information to legal and authorized purposes consistent with this Privacy Policy, along with appropriate confidentiality and security measures. We also share information with third parties for various reasons, including advertising and marketing, compliance with legal obligations, response to legal processes, protection of our customers, safeguarding lives, maintaining the security of the Platform, and protecting our legal rights. The following are the scenarios in which we may disclose Personal Information collected or provided as described in this Privacy Policy: With Affiliates and Subsidiaries: Shared for purposes aligned with this Privacy Policy. With Suppliers: Our authorized vendors and suppliers may need Personal Information to perform services like product delivery, website hosting, data analysis, IT services, auditing, or customer service. We process Personal Information using various software and tools as part of our regular business. Our contracts with these entities include clauses to protect your Personal Information and restrict its usage. With Partners: We engage with third parties not classified as suppliers or vendors to offer opportunities such as marketing promotions, joint products, research studies, or services on the Platform. In these instances, additional terms or Privacy Policies may apply. We share your information with a lawful basis for purposes not outlined in this Privacy Policy. For Advertising and Marketing: We share your information with third-party partners for creating and delivering advertising and marketing content, content services, and for more personalized ads and effectiveness studies of our campaigns. Specifically, we collaborate with third parties to communicate about goods and services of potential interest to you, based on your preferences. This content may be delivered through various channels like email, phone, or during your use of the Platform or other websites, and may be based on information such as past purchases, your device’s location, viewed advertisements, or cookies and similar technologies. For more details, please refer to our Cookies Policy. You have control over the use and sharing of your device’s location through device settings, but opting out may limit our partners' ability to provide relevant Platform Services and content. Sales, Mergers & Acquisitions: We may disclose Personal Information in corporate transactions like reorganizations, mergers, sales, joint ventures, assignments, transfers, or disposals of business, assets, or stock, including bankruptcy or similar proceedings. With Your Consent: We may share your Personal Information with other parties when you have given consent. For options to decline advertising and marketing, refer to the "Your Choices & Rights" section. Additionally, we share non-personally identifiable information, such as anonymized or aggregated data, with suppliers for analysis, trend identification, and to assist in the development of new In Motion Services. In Motion does not engage in the sale of your Personal Information for monetary compensation.

6. Information From Children

In Motion is committed to protecting the privacy of children. We do not knowingly collect, use, or disclose Information from children under the age of 16. In the event that we discover the collection of Personal Information from a child under 16—or the relevant minimum age in the jurisdiction, such as 13 in the United States as per the Children's Online Privacy Protection Act—we will promptly take measures to delete the information as quickly as possible. If you are under 16, please refrain from providing any Information about yourself to In Motion, including your name, address, telephone number, or email address. If you become aware of a child under 16 years of age providing Information to In Motion, please contact us using one of the methods specified in the “HOW TO CONTACT US” section below.

7. External Links and Third-Party Websites

In Motion is not accountable for the practices of external websites or services linked to or from the Platform, nor for the information or content found therein. This Privacy Policy does not extend to, and we are not responsible for, the privacy and security policies, data collection, processing, use, storage, and disclosure practices of third parties or other organizations not operating under In Motion’s behalf. This includes: (a) any third party operating a website or service linked from the Platform – our inclusion of a link does not imply our endorsement of the linked site or service, nor that of our affiliates; and (b) any app developers, app providers, social media platform providers, operating system providers, wireless service providers, or device manufacturers, such as Facebook, Apple, Google, Microsoft, LinkedIn, etc. This extends to any Personal Information you disclose to other organizations through or in connection with the Platform or other In Motion Services.

8. Do Not Track Policy

Certain browsers include a "Do Not Track" (“DNT”) feature which, when activated, signals to websites and online services that the user prefers not to be tracked. Currently, the Platform does not recognize or respond to DNT signals.

9. YOUR LEGAL RIGHTS

In Motion acknowledges and respects your rights regarding the use and sharing of your Personal Information. Depending on your location, you may have the right to request access to or correction of your personal data, and to make decisions about the types of marketing materials you wish to receive, or to opt out of receiving marketing materials from In Motion entirely. More information specific to your location is provided below.

10. European Privacy Rights

If you are in Europe, the GDPR, UK GDPR, or nFADP may grant you additional rights. The extent of these rights and choices may vary depending on the specific In Motion Services you use. Access, Correction, or Deletion of Your Information: You have the right to correct or update your Personal Information, or to request access to or deletion of your Personal Information. You can initiate these requests by visiting the Platform or using the contact details in the “HOW TO CONTACT US” section. Please note that even after such requests, we may need to retain certain information for recordkeeping purposes and/or to complete any transactions initiated before the request (e.g., purchases or promotions). Some of your information may also remain in our systems or records as required by applicable law. Confirmation and Copy of Personal Information: Upon request, and where legally required, we will confirm the Personal Information we hold about you. You also have the legal right to obtain a copy of your Personal Information. Such requests should be made in writing as described in the “HOW TO CONTACT US” section. A processing fee may apply, and we will need to verify your identity before fulfilling your request. Rights Specific to Individuals in the EEA, UK, and Switzerland: You have the right to object to the processing of your Personal Information, request restriction of processing, or request portability of your Personal Information. These rights can be exercised as described in the “HOW TO CONTACT US” section. Withdrawal of Consent: If we collected your Personal Information with your consent, you can withdraw it at any time. Withdrawing consent does not affect the lawfulness of processing conducted before the withdrawal or processing based on other legal bases. Contacting Data Protection Authority: If you believe your Personal Information is being used inconsistently with this Privacy Policy, or for more information about your rights, you can contact your local data protection authority. For complaints and recourse under the EU-U.S. DPF, UK Extension to the EU-U.S. DPF, or Swiss-U.S. DPF, you may contact JAMS Mediation, Arbitration, and ADR Services (https://www.jamsadr.com/eu-us-data-privacy-framework). Under certain conditions, binding arbitration may be invoked. Advertising and Marketing Choices: You have control over our use and disclosure of your Personal Information for advertising and marketing. You can update your contact details and modify communication preferences using the methods in the “HOW TO CONTACT US” section. Note that even if you opt out of marketing communications, we may still send you non-marketing communications related to your products or the Platform, like security updates or service issues. Some advertising content is delivered via cookies and similar technologies, and our Cookies Policy provides more details on In Motion's use of such technologies for advertising and other purposes.

11. International Compliance

As a global company based in Canada, In Motion may transfer your Personal Information between the Canada and its affiliates and business partners in other countries. Additionally, we may transfer your Personal Information to our third-party service providers, who may be located in countries different from yours. In Motion conducts international transfers of information to operate efficiently, improve performance, and create redundancies to protect information in case of an outage or other issues. In doing so, we ensure that your Personal Information is processed in accordance with the promises of this Privacy Policy and complies with applicable laws, regardless of where it is transferred. Whenever In Motion transfers Personal Information outside its country of origin, we adhere to applicable laws. Specifically, for Personal Information originating from the European Economic Area (EEA), the United Kingdom (UK), or Switzerland that is transferred outside these regions, In Motion participates in the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and, as applicable, the UK extension to the EU-U.S. DPF, and/or the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF). We are committed to the DPF Principles and will take additional measures as necessary to provide suitable safeguards for the Personal Information we transfer. The Federal Trade Commission has jurisdiction over In Motion’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In Motion may be required to disclose Personal Information in response to lawful requests by public authorities, including for national security or law enforcement purposes. In cases of onward transfers to third parties, In Motion maintains liability.

12. Data Privacy Framework

In Motion Inc. and LeadConnector LLC comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. In Motion has certified to the U.S. Department of Commerce that In Motion and LeadConnector adhere to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. In Motion has certified to the U.S. Department of Commerce that In Motion and Leadconnector adhere to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

13. California Privacy Rights

This section is specifically for California residents and provides details about your rights under the California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.100 et seq.), as amended. Subject to certain conditions, the CCPA grants California residents the rights to:

Be informed about the collection, use, disclosure, sale, or sharing of their Personal Information. Request access to, deletion of, or correction of their Personal Information. Opt out of the “sale” or “sharing” of Personal Information (where such information is sold or shared). Limit the use or disclosure of Sensitive Personal Information (as defined under CCPA). Not be discriminated against for exercising these rights.

In Motion does not sell your Personal Information. If you want to opt-out of In Motion using your Personal Information for cross-contextual targeted advertising (referred to as “sharing” under the CCPA), you can do so through the contact details provided in the “HOW TO CONTACT US” section or via the designated withdrawal mechanism on the Platform. For requests to access, correct, or delete your Personal Information, use the contact details in the “HOW TO CONTACT US” section. Please note that In Motion may need to retain certain information for recordkeeping, to complete transactions initiated before such a request, to comply with legal requirements, or for other CCPA-permitted purposes. In responding to CCPA requests, In Motion will ask for specific information to verify your identity, based on your interactions with us and the sensitivity of the Personal Information. If a request is denied, we will explain why. You may designate an authorized agent to make a CCPA request on your behalf under certain conditions. If using an authorized agent, In Motion may require verification of your identity or proof of your authorization for the agent. If the agent has power of attorney under Probate Code sections 4000 to 4465, additional verification may not be necessary, and In Motion will respond to their request in accordance with the CCPA. The Privacy Policy outlines the types of Personal Information In Motion collects and how it is used. If we collect Sensitive Personal Information, we limit its use to: (1) purposes you have authorized, (2) fulfillment of your requests for goods or services, or (3) as permitted or required by the CCPA or other laws. Over the past 12 months, the categories of Personal Information collected, disclosed, and sold from California residents, along with In Motion’s retention periods, are as follows: Personal Information Category Retention Period (See Section 3: “Retention of Your Personal Information”)

14. Colorado Privacy Rights

This section is specifically for Colorado residents, offering insights into your rights under the Colorado Privacy Act or “CPA.” With certain exceptions, the CPA provides Colorado residents with rights including: Being informed about the collection, use, disclosure, or sale of their Personal Information. Requesting access to, correction of, or deletion of their Personal Information. Opting out of the use of Personal Information for targeted advertising, its sale, or certain types of profiling. To request access to, correction of, or deletion of your Personal Information, you can use the contact details provided in the “HOW TO CONTACT US” section. It’s important to note that if you request the deletion of your Personal Information, In Motion may still need to retain certain information for recordkeeping, to complete transactions initiated before the deletion request, to comply with legal requirements, or for other purposes allowed under the CPA. When submitting a request under the CPA, In Motion will ask you for specific information to verify your identity, depending on your previous interactions with us and the sensitivity of the Personal Information involved. If we deny your request, we will provide an explanation. Should we not respond to your request, or if we request additional time beyond the initial 45 days after receiving your request, you have the right to appeal our inaction. To appeal, you can contact us using the details in the “HOW TO CONTACT US” section. You also have the option to designate an authorized agent to make a request on your behalf under the CPA. If you appoint an authorized agent, In Motion may require you to verify your identity or confirm that you have given the agent signed permission to act on your behalf under the CPA.

15. Connecticut Privacy

Rights This section is directed towards residents of Connecticut and offers additional information regarding your rights under the Connecticut Data Privacy Act or “CTDPA.” To exercise your rights under the CTDPA, you can use the contact information provided in the “HOW TO CONTACT US” section. If we notify you that we have decided not to take action on your request, you have the right to appeal our decision. To initiate an appeal, please contact us using the information in the “HOW TO CONTACT US” section.

16. Utah Privacy Rights

This section is specifically for residents of Utah and provides information about your rights under the Utah Consumer Privacy Act or “UCPA.” To exercise your rights under the UCPA, please use the contact information provided in the “HOW TO CONTACT US” section.

17. Virginia Privacy Rights

This section is intended for residents of Virginia and offers details about your rights under Virginia’s Consumer Data Protection Act or “VCDPA.” Under certain exceptions, the VCDPA provides Virginia residents with rights including: Being informed about the collection, use, disclosure, or sale of their Personal Information. Requesting access to, correction of, or deletion of their Personal Information. Opting out of the use of Personal Information for targeted advertising, its sale, or certain types of profiling. Not being discriminated against for exercising these rights. To request access to, correction of, or deletion of your Personal Information, please use the contact details provided in the “HOW TO CONTACT US” section. It's important to note that if you request the deletion of your Personal Information, In Motion may still need to retain certain information for recordkeeping purposes, to complete transactions initiated before the deletion request, to comply with legal obligations, or for other purposes allowed under the VCDPA. When you submit a request under the VCDPA, In Motion will require certain information to verify your identity, which will depend on your prior interactions with us and the sensitivity of the Personal Information concerned. If we deny your request, we will provide an explanation. Additionally, if we inform you that we decline to take action on your request, you have the right to appeal our decision. To initiate an appeal, please contact us using the details in the “HOW TO CONTACT US” section.

18. How To Contact Us About This Privacy Policy

To ask questions about this Privacy Policy and our privacy practices, contact us at [email protected]

[email protected]