Privacy Shield Privacy Policy

The privacy of data is of paramount importance to MOTENTIA, LLC.  As such, the organization subscribes to standards that instill confidence and comfort in our ability to satisfy customer data privacy requirements and will withstand the scrutiny of any data protection authority.

This statement is partially in response to the European Commission’s Directive on Data Protection enacted in October 1998; which among other objectives includes requirements that prohibit the transfer of personal data to non-European Union nations that do not meet their standards for privacy protection.  MOTENTIA, LLC complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. MOTENTIA, LLC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

Overview of MOTENTIA, LLC

MOTENTIA, LLC, a leading provider of patient recruitment and retention software and services to pharmaceutical, biotechnology, medical device, and contract research organizations (CROs) offers MOTENTIA, LLC tools that work together to improve communications with patients during the recruitment phase and during their participation in the study.

MOTENTIA, LLC acts as communications instrument only.  MOTENTIA, LLC does not analyze the information or otherwise use it in any way beyond client instruction.

At the end of each clinical trial study, copies of the data are transferred to the client and the individual sites that originally collected that data.  Client notification occurs prior to the destruction of the data at the end of the retention period.

Notice

MOTENTIA, LLC relies upon the assurances of its clients on whose behalf it processes personal information that those individuals about whom the personal information concerns have been fully informed about the purposes for which the information is collected and used, including the types of non-agent third parties to which that information is disclosed, if any, and the choices and means offered individuals for limiting the use and disclosure of their personal information.

Upon client instruction, MOTENTIA, LLC will inform individuals about the purposes for which MOTENTIA, LLC clients collect and use personal information.  If so instructed, MOTENTIA, LLC also will disclose the types of non-agent third parties, if any, to which MOTENTIA, LLC discloses this information and the choices and means offered individuals for limiting the use and disclosure of their personal information.

MOTENTIA, LLC will require that this notice be provided in clear language in a conspicuous manner at the same time individuals are first asked to provide personal information, or as soon as possible thereafter, and in any event before MOTENTIA, LLC uses or discloses information for a purpose other than that for which it was originally collected.

Choice

In accordance with client instructions, MOTENTIA, LLC will work with clients to provide individuals with the opportunity to choose (opt out) whether personal information is disclosed to a third party agent used by MOTENTIA, LLC; or to be used for a purpose other than the purpose originally authorized.

For sensitive personal information (e.g., personal information that pertains to racial or ethnic origin, political or religious beliefs, health condition or sexual orientation) or use of personal information for a purpose other than the purpose originally authorized, in accordance with client instructions, MOTENTIA, LLC will work with clients to ensure that information is disclosed to a third party agent only after an individual explicitly consents (opts in) to the disclosure.

Transfers to Third Parties

MOTENTIA, LLC will only transfer personal information received from the EU to a third party consistent with client instruction.

MOTENTIA, LLC will enter into a written agreement or contract to ensure that agents, third party providers, and independent entities to which MOTENTIA, LLC transfers personal information adhere to the same level of privacy protection as MOTENTIA, LLC.

When MOTENTIA, LLC has knowledge that a third party is using or sharing this personal information in a way contrary to this policy, MOTENTIA, LLC will take reasonable steps to prevent or stop such processing or use.

MOTENTIA, LLC Assumes all potential liability in cases of onward transfers of personal information to third parties.

Access and Security

Upon request and in accordance with client instructions, MOTENTIA, LLC will allow individuals access to personal information that it holds.

Individuals can correct, amend, or delete information that is inaccurate; except in certain cases where providing this access would be disproportionate to the risks to the individual’s privacy or where rights of other individuals would be violated.

Access will not be provided to personal information relating to medical or pharmaceutical clinical trials to the extent that access, disclosure, deletion or alteration of the personal information would jeopardize the integrity of the trial or if contrary to regulatory requirements.

MOTENTIA, LLC takes precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration, and destruction.  These precautions include data redundancy and the implementation of physical and logical controls.

Data Integrity

MOTENTIA, LLC relies upon assurances from its clients that the personal information MOTENTIA, LLC possesses is relevant for the purposes for which it is to be used. MOTENTIA, LLC uses the data in accordance with client instruction.

MOTENTIA, LLC will take reasonable steps to ensure that personal information entered onto its platforms retains its original relevance, accuracy completeness and currency.

The MOTENTIA, LLC Data Protection team will periodically review and conduct compliance audits of the relevant privacy practices to verify adherence.

MOTENTIA, LLC management will remedy issues arising out of any failure to comply with this policy.

Dispute Resolution

In compliance with the Privacy Shield Principles, Motentia LLC commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union with inquiries or complaints regarding our Private Shield policy should first contact a local EU Data Protection Authority at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Motentia LLC has further committed to refer unresolved Privacy Shield complaints to cooperate with EU data protection authorities (DPAs). If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs for more information or to file a complaint. The services of EU DPAs are provided at no cost to you.

Additional Notices:

• MOTENTIA, LLC may disclose personal information to its third party service providers for legitimate business purposes. MOTENTIA, LLC shall remain responsible under the Principles if such third parties process such personal information in a manner inconsistent with the Principles (unless MOTENTIA, LLC is not responsible for the event giving rise to the damage).
• Individuals may make requests for access to their personal information, or requests to limit the use and disclosure of their personal information, to MOTENTIA LLC’s clients who are data controllers of their personal information (e.g. pharmaceutical biotechnology, medical device companies and CROS). In accordance with clients’ instructions and applicable law, MOTENTIA, LLC’s will assist its clients in responding to such requests.
• MOTENTIA, LLC is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). If you have an issue about our handling of your personal information, please contact us in the first instance (privacy@mprove.com or +15713123312); please be aware that you also have the right to complain to the FTC and to invoke binding arbitration. Please visit this webpage for more information https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint
• Please note that MOTENTIA, LLC may be required to disclose your personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Enforcement

MOTENTIA, LLC will cooperate with the Data Protection Authorities (“DPAs”) of EU Member States where it has operations in the investigation and resolution of complaints and comply with advice given by the DPAs.

Any employee that MOTENTIA, LLC determines is in violation of this policy will be subject to disciplinary action, up to and including termination.