POLICY ON PERSONAL INFORMATION AND ELECTRONIC COMMUNICATIONS
June 2021
This policy tells you about two things. First, it is a privacy notice and tells you how we will use the personal information we collect from you. Second, it contains important information for you to be aware of us when communicating with us electronically. By visiting www.motus.energy you are accepting and consenting to the practices described in this policy.
When we use the term "Motus", "Motus Energy", "we" and "us" below, we are referring to Motus Energy LLC a limited liability company formed in the USA.
PRIVACY NOTICE
A. Privacy of your information
We appreciate that you, or a third party on your behalf, has provided us with your personal information.
Obtaining personal information from our individual and corporate clients is central to our goal of providing exceptional service. However, we understand that in receiving this information, you expect us to treat it in an appropriate manner.
This policy is designed to provide you with further details on the type of information that we may collect about you, the purposes we might use that information for and the actions we take to safeguard your information.
B. Where we may collect information from
We will collect information from you if you contact us directly, for example if you submit a query via our website. As our business relationship develops, we may gather further information from you as you transact with us.
In addition to the information provided directly by you, we may gather information about you from third parties for the purposes of providing our services. This includes other persons that you may instruct to assist you with your dealings with Motus Energy, for example your professional advisers. We may also seek information from credit and individual reporting agencies about you. Third parties may be asked to undertake due diligence about you to assist us in respect of our responsibilities to combat financial crime, to ensure we are in compliance with applicable sanctions regimes, as well as helping us establish and maintain client relationships which we believe are in the best interests of both Motus Energy and its clients.
We may record communications with you, including monitoring your e-mails. We will do this in a proportionate manner and always in accordance with applicable laws and regulations designed to protect your privacy in this sensitive area. Typically, we would not access your information regularly in this way. Rather, it will be used for compliance, internal control or security purposes to help us comply with our legal and regulatory obligations.
Lastly, we may use close circuit television and recording systems in our offices to protect our staff and physical assets. The owners of the buildings we occupy may operate similar systems. As a result, your physical image may be captured by us on our premises.
C. The type of information we may collect
If you deal with Motus Energy in an individual capacity we may collect the following types of personal information about you.
Type of Information - Examples
Personal Details
Name, age, occupation and relationship status.
Contact Details
Address, telephone, fax and email (both private and work related).
Identity Documents
Passport, national identity card, armed forces identity document, driver’s license, gun license.
Personal Identifiers
Social Security Number, National Insurance Number, Tax File Number, Taxpayer Identification Number.
Photographs
A head and shoulders photograph of you from one of the identity documents specified.
Video Images and Audio
CCTV pictures and audio, recordings of phone conversations, presentations given by you to or with Motus Energy.
Your Personal History
Information about your current or former employers, education, business activities, affiliations, roles and responsibilities.
Your Browsing Information
Internet protocol (IP) address, information about your visit to the site such as the pages you visited and clickstream to and from our site.
If you deal with Motus Energyin the capacity of an officer, employee, director and or principal of one of our corporate or institutional clients the typical personal information we collect about you would additionally include your role/position/title and area of responsibility and your authority.
Of course, except as otherwise agreed in particular contexts with us, you are not required to supply any of the personal information that we may request from you. However, please note that failure to supply such information may result in you being unable to establish a business relationship with Motus Energy.
D. How we use your information
We may use your personal information in a range of different ways.
ACTIVITY DETAILS
Contact Details
We will maintain records of your contact details and the manner in which you wish to be contacted, for example, by phone, fax, post or e-mail.
Internal Controls and Processes
We may use personal information to facilitate our internal business operations, including assessing and seeking to manage risk as well as fulfilling our legal and regulatory requirements.
Compliance Matters
We may use personal information to carry out various compliance checks as required by law, regulation or Motus Energy or its service providers internal policies and procedures. Such policies are designed to review creditworthiness, guard against money laundering or fraud and to ensure compliance with sanctions regimes. We may also use personal information to help us determine appropriate client relationships by reviewing political affiliations and records of criminal offences committed or alleged to have been committed and searching media databases.
Regulator Interaction
We may use personal information to ensure compliance with our regulatory notification and reporting requirements anywhere in the world (including national and international regulatory bodies and other law enforcement agencies).
Litigation
If we are subject to a court action or other proceedings or require, to the extent necessary, to exercise and defend our legal rights we may be required to use your personal information.
Recording
We may record (visual and audio) and/or monitor communications, (including: cctv, e-mail, instant messaging, facsimile, telephone and other electronic communications), with you or your agent(s) for compliance, internal control and security purposes and as evidence of transactions.
B. When we will disclose your information within Motus Energy
In order to service you better, and reflecting the globally integrated nature of our business, more than one entity within Motus Energy may be given access to your personal information. Motus Energy may in the future open offices in other jurisdictions and will transfer your personal information between such present and future offices. In doing this, we will adhere to applicable legal and industry standards regarding the protection of personal information but the jurisdictions concerned may not have data protection laws as strict as those in your home country. By submitting your personal information you agree to the transfer of your personal information.
C. When we will disclose information to persons outside Motus Energy
Motus Energy only discloses your personal information to third parties in accordance with this policy. We may provide your personal information to non-affiliated companies that perform support services for Motus Energy - this includes any outsourcing arrangements made by Motus Energy in respect of its business.
We may also disclose personal information to persons who provide professional, legal or accounting services to us. In addition, we may also disclose your personal information to fulfil your instructions, to protect our rights and interests and those of our business partners or otherwise with your consent. We may also disclose personal information about you in the event of a purchase of our business or assets by a third party.
Lastly, in a limited range of circumstances, we may disclose your personal information to third parties in accordance with applicable laws and regulations or pursuant to internal policies and procedures designed to facilitate compliance with such laws and regulations. Examples of this would be: when responding to a writ or similar legal process; cooperation with law enforcement or regulatory authorities or with organisations; making enquiries designed to assist with our client identification programme; prevent fraud or other financial crime. Non-affiliated companies that assist Motus Energy in providing services to you are required to maintain the confidentiality of such information and to use it only in the course of providing such services and for the purposes that Motus Energy specifies.
These third parties may operate from locations that may not have data protection laws as strict as those in your home country.
D. We will not sell your information
Motus Energy will not sell, rent or trade your personal information nor will it pass it on to third parties for their marketing purposes without your prior consent. Motus Energy may occasionally, in accordance with applicable laws, contact you by post, telephone, electronic mail or facsimile with details of products and services, that we believe may be of interest to you. If you do not wish to be contacted in this way, please write to us.
E. How we protect the privacy of your information
We endeavour to protect your personal information at all times. Primarily, we do this by utilising appropriate access controls to those data, so that only authorised Motus Energy employees or agents and our third party service providers have access. We subject such third parties to confidentiality obligations. In addition, we maintain physical, electronic and procedural safeguards intended to protect your information against loss, misuse, damage or modification and unauthorised access or disclosure. Those policies and procedures include educating those working for or on behalf of Motus Energy on information security policies and responsibilities.
F. What rights do you have under U.S data protection laws?
You have certain specific rights provided under United States ("US") data protection law. If you wish to access a copy of your personal information; or you wish to modify any personal information which we hold about you, you can do so by written request to our address set out below You are also entitled to have Motus Energy correct or delete any information that is incorrect or out of date (although we may be entitled to retain a historical record of this information); and in some limited circumstances you may have a right to object to our processing of your personal information. We will deal with any such requests in accordance with applicable law.
In the case of a request for access to personal information, we and our affiliates reserve the right to charge an appropriate fee, if applicable. You may be asked to supply a valid means of identification as a security precaution to minimise unauthorised disclosure. We will process your request within the time provided by applicable law.
G. Cookies
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. The website of Motus Energy utilises cookies for the purposes of managing our website and to understand and measure its performance. You may delete and block all cookies from this site, but parts of the site will not work.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
H. Ending your relationship with Motus Energy
If your relationship with Motus Energy ends, we will continue to treat your personal information, to the extent we retain it, in accordance with this policy as updated from time to time
IMPORTANT INFORMATION ON ELECTRONIC COMMUNICATIONS
A. Confidentiality
When you receive an e-mail or other forms of electronic communication from Motus Energy, please be aware the information contained in or accompanying that communication may be confidential, subject to legal privilege, or otherwise protected from disclosure and (unless it expressly states otherwise) it is intended solely for the use of the intended recipient. If you receive a communication from Motus Energy and you are not the intended recipient of the communication, please delete it and destroy all copies in your possession, notify us that you have received the communication in error and note that any review or dissemination of, or the taking of any action in reliance on, any such electronic communication sent in error is expressly prohibited.
B. Right to request traditional delivery
If you have requested electronic delivery of any information, you have the right to request paper copies of any information that is sent to you electronically at any time after the consent noted below. No additional fees are charged for requesting paper copies after consenting to electronic delivery and, thereafter, you will receive paper copies.
C. Risk of interception, viruses and defects
Electronic communications may contain computer viruses or other defects, may not be accurately replicated on other systems or may be intercepted, deleted or interfered with without the knowledge of the sender or the intended recipient. Motus Energy makes no warranty in relation to these matters. As a result, it may be that you are not comfortable with the risks associated with e-mail messages and other forms of electronic communication. If that is the case, please get in touch with your Motus Energy contact and we will be pleased to arrange another means of communication with Motus Energy.
D. Prohibition on publication and alteration of information
Unless you have the express written consent of Motus Energy, you are not permitted to publish, transmit, or otherwise reproduce any information received from Motus Energy, in whole or in part, in any format to any third party. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. Motus Energy reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgement to add to, modify, or remove any of the information delivered to you.
E. Motus Energy’s rights in respect of information
Unless there is express written agreement with Motus Energy to the contrary, no information sent to you is intended to, and will not, transfer or grant any rights in or to that information and all rights not expressly so granted herein are reserved by Motus Energy or, if applicable, the third party providers from whom Motus Energy has obtained the information.
F. No warranties made as to content; responsibilities to update
Neither Motus Energy nor its third party providers make any warranty, express or implied, concerning electronic communication. If you elect to receive electronic communications, that is at your sole risk. Motus Energy expressly disclaims any implied warranty of satisfactory quality or fitness for a particular purpose, including any warranty as to the use or the results of the use of information with respect to its correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.
G. Content not to be construed as a solicitation or recommendation
Unless it expressly agreed between the parties to the contrary, material provided electronically is for information purposes only. Motus Energy is not soliciting any action based upon it. You should neither construe any of the material contained in an electronic communication as legal, regulatory, tax, or accounting advice.
H. No representations made as to other sites or links
Our electronic communications may provide links to certain Internet sites ("Sites") maintained by third parties. In this case, Motus Energy is providing such links solely as a convenience to you. Accordingly, Motus Energy makes no representations concerning the content of the Sites. The fact that Motus Energy has provided a link to the Sites does not constitute an endorsement, authorisation, sponsorship, or affiliation by Motus Energy with respect to the Sites, their owners, or their providers.
CHANGES TO OUR POLICY
This policy provides a general overview of the ways in which we use your personal information and important information on electronic communication. Please be aware that we may request certain further confidentiality arrangements be put in place in respect of your interaction with us, especially when we believe there is a risk such information could be material price sensitive information. This policy may be changed from time to time to reflect changes in our practices concerning the collection and use of personal information, or where required to comply with applicable law. The revised policy will be effective immediately upon posting to our website, and so please check this policy periodically for changes.
This version of the Policy is effective 21 June 2021
Please note that to protect your information and the integrity of our Products, we may need to verify your identity before processing your request. In some cases we may need to collect additional information to verify your identity, such as a government issued ID.
We may change or update this Disclosure from time to time. When we do, we will post the revised Disclosure on this page with a new “Last Updated” date.