Privacy

Moxie Privacy Policy

Effective: November 1, 2018

Your privacy is important to Moxie.  This Privacy Policy describes how Moxie collects, uses, and shares your personal information.  It covers the personal information we collect from visitors to our website www.gomoxie.com (as well as other Moxie websites which link to this Privacy Policy) (collectively, “Websites”) and through our sales, marketing, and customer support activities.  It also covers personal information we collect through the chat, email, knowledgebase, and other applications and services we provide our business customers (the “Services”).

References in this Privacy Policy to “Moxie”, “we”, or “us” mean Moxie Software, Inc. and its affiliated companies and subsidiaries.  References to “personal information” mean information and data that can used to identify or contact a single person.

Policy Organization:

This Privacy Policy is organized in three parts.  The first part addresses policies specific to information Moxie collects from visitors to our Websites and through Moxie sales, marketing, and customer support activities.  The second part addresses policies specific to information Moxie collects for its business customers through the use of our Services.  The third part contains general terms applicable to all of Moxie’s collection, use, disclosure, and processing of personal information, whether collected for Moxie itself or for the customers to which we provide Services.

A. Personal Information Collected From Visitors to Our Websites and through Moxie Sales, Marketing, and Customer Support Activities

When Moxie collects and uses personal information from visitors to our Websites and through Moxie sales, marketing, and customer support activities, the following provisions apply:

The personal information we collect

We may collect personal information from you through your interactions with us on our Websites or through other sales and marketing activities.  For instance, we may collect your personal information when you fill out a form to download a document from one of our Websites, subscribe to a Moxie newsletter, chat or email with us, or provide us with your contact information at a tradeshow.  This personal information may include, but is not limited to, your name, mailing address, email address, job title, place of employment, and telephone numbers. We also may obtain your personal information from third parties, such as LinkedIn and other publicly accessible sources.

In addition, we collect personal information from our customers’ authorized users and account administrators in order to provide customer support for the Services.  This information may include name, contact information, employer, and job title as well as other information provided to us as part of providing customer support services and recorded in support tickets and other related records.  Moxie may also collect and maintain call recordings and chat and email transcripts related to customer service requests we receive with respect to the Services.

Moxie also collects non-personally identifiable information in a form that does not, on its own, permit direct association with any specific individual.  For instance, Moxie may use automated technologies on the Websites, such as cookies, log files, and web beacons, to collect non-personally identifiable information about you.  If Moxie does combine non-personal information with personal information, Moxie will treat the combined information as personal information for as long as it remains combined.

Cookies and other tracking technologies

As noted above, we may use cookies on the Websites.  A “cookie” is a piece of data stored on the device from which a user accesses the Websites and which contains information about the user. Cookies enable Moxie to recognize you when you revisit the Websites and can provide you the benefit of not having to reenter certain information because the information is stored in the cookie. Moxie may also use cookies to better operate the Websites and help improve Website usage.

Moxie’s Websites use two types of cookies: session cookies, which are temporary cookies that are erased from your computer’s memory when you close your Internet browser or turn your computer off; and persistent cookies, which exist on your computer’s hard drive until they expire, unless you delete them at an earlier time. Your browser may include a feature which can be set to alert you of cookies. You do not have to accept all cookies sent to you by the Websites. However, you may not be able to use some of the features of the Websites if you elect to reject certain cookies.

The Websites also utilize third-party cookies.  Third-party service providers may use these cookies to provide tailored information to you and certain reports and information to Moxie. We do not have access or control over these third-party cookies and the use of third-party cookies is not covered by this Privacy Policy.

As is true of most websites, Moxie and our third-party tracking-utility partners use cookies and other tools on our Websites to gather certain information automatically and store it in log files. This information may include, but is not be limited to, domain, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data and other information about your device. We use this information, which does not identify individual users, to analyze trends, to administer the Websites, to track users’ movements around the Websites, and to gather demographic information about our user base as a whole.

Web beacons, also known as “web bugs,” are small, graphic images on web pages or web-based documents or in email messages that allow Moxie, or third parties, to monitor who is visiting the Websites. We may tie the information gathered by clear gifs to our customers’ personally identifiable information. Web beacons collect the IP address of the computer that the web beacon is sent to, the URL of the page the web beacon comes from, and the time it was viewed.  We may use this information to provide targeted advertisements to you while you are on third-party websites with whom we have purchased advertising services.

How we use the personal information we collect

Moxie may use personal information about visitors to the Websites and collected for sales, marketing, and customer support purposes in a number of manners, including, but not limited to:

  • Marketing and research purposes;
  • Recording and responding to questions, comments, or concerns you may submit to us;
  • Monitoring, maintaining, and improving the Websites and Moxie’s products and services;
  • Responding to and providing customer support services;
  • Creating and administering customer application user accounts for the Services;
  • Analyzing data to improve Moxie’s products, services, and your experience on our Websites;
  • Statistical, educational, research or commercial use, provided, in each case, such use is limited to aggregate demographic, usage, trending or other customer support data and is not personally identifiable as to you, unless otherwise required by applicable laws or regulations; and
  • Those permitted uses listed in the “General” section below under the heading “Additional Disclosures and Uses of Personal Information.”

This list is for illustrative purposes only and should not be considered exhaustive.

Updating your personal information

If any of the personal information that you provided to Moxie through our Websites or sales, marketing, or customer support activities changes or is incorrect, please contact us at privacy@gomoxie.com to provide the updated or corrected information or to request we no longer use it. We will respond to requests for access as soon as reasonable following our receipt of the requests.

Choice/Opt Out

By submitting personal contact information to Moxie through the Websites or via our sales, marketing, or customer support activities, you are agreeing that Moxie may communicate with you via email, telephone, direct mail, and/or other means of communication, including for marketing and promotional purposes. If you do not wish to be contacted by Moxie, please notify us at privacy@gomoxie.com or by following any unsubscribe instructions contained in correspondence you receive from Moxie.

Additionally, you may choose not to provide personal information to Moxie via our Websites by electing not to enter any personal information into a form or data field on the Websites. You may also prevent Moxie from collecting certain personal information via the Websites on a browser by blocking third-party cookies in that browser. Please note, however, that some of our online resources and some features and functionality of the Websites are available only to individuals who provide personal information or who use personalized services.

Retention of personal information

We will retain your personal information for as long as needed to fulfill the purpose for which it was collected. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Social media features and widgets

Certain areas of the Websites include social media features, such as the Facebook “Like” button and widgets, such as the “Share This” button or interactive mini-programs that run on the Websites. These features may collect your IP address, which page you are visiting on the Website, and may set cookies to enable the features to function properly. Such social media features and widgets are either hosted by a third-party or hosted directly on the Website. Your interactions with these features are governed by the privacy policies of the companies providing the features.  This Privacy Policy does not cover the information practices of third-party features or widgets. If you have any questions about the personal information collected by those features or widgets, including how they collect and use personal information, you should contact the third-parties directly.

Third-Party Sites

You may access third-party websites through the Websites, and those third-party websites may collect personal information about you. This Privacy Policy does not cover the information practices of third-party websites. If you have any questions about the personal information collected by third-party websites, including how they collect and use personal information, you should contact the third-parties directly.

Testimonials

We may post customer testimonials on the Websites which contain personally identifiable information. We will obtain a customer’s consent to post the customer’s name and their testimonial prior to posting the testimonial to the Websites. If you would like your testimonial removed please contact us at privacy@gomoxie.com.

B. Personal Information Collected for Moxie’s Customers via our Services

When Moxie collects and uses personal information in the performance of Services for our business customers the following provisions will apply:

The personal information we collect

Moxie may collect, receive, process, and store personal information under the direction of its customers in the course of providing those customers with Services. This personal information may include, but is not limited to, chat, email, and messaging transcripts, which may contain such personal information as your name, phone number, job title, employer name, mailing address, email addresses, and other information identifiable to you; your search queries and content viewed using the Services; information related to your online behavior and activities, such as browsing and purchasing; and automatically collected information such as IP addresses and the type of device or operating system used to access the Services.   In addition, we collect personal information from our customers’ authorized users and account administrators (typically, their employees or agents) in order to provide them with accounts to access the Services.  This information may include, but is not limited to, credential and profile data (such as name, contact information, employer, job title, and other relevant information).

Moxie has no direct relationship with the individuals whose personal information Moxie collects in the course of providing the Services.  All such information is owned and controlled by our customers, who are the data controllers for such information with respect to data protection laws.

How we use the personal information we collect

Moxie may use this information for various purposes for the benefit of its customers, including, but not limited to, providing them with contracted Services.  In addition, Moxie may use the information for those permitted uses listed in the “General” section below under the heading “Additional Disclosures and Uses of Personal Information”.

Access to personal information controlled by Moxie’s customers

Moxie has no direct relationship with the individuals whose personal information Moxie receives in the course of providing Services to its customers. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate personal information should direct his query to Moxie’s customer. If the customer then requests Moxie to correct, amend, or delete the data in Moxie’s possession or control, we will respond to their request promptly.

For additional terms applicable to individuals located in Europe and certain European Union and Economic Area countries wishing to access, correct, amend, or delete personal information see the “General — International Data Transfers” and “General — EU and Certain other European Residents (GDPR)” sections below.

Retention of personal information

Moxie will retain personal information we receive in the course of providing Services to our customers for as long as (i) directed by the customers or otherwise agreed to with them, (ii) otherwise needed to provide Services to the customers and (iii) as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

C. General

The following provisions will apply to all of Moxie’s collection and use of personal information governed by this Privacy Policy, whether for Moxie’s own benefit via its Websites and sales, marketing, and customer support activities or for the benefit of Moxie’s customers as part of providing the Services:

ADDITIONAL DISCLOSURES AND USES OF PERSONAL INFORMATION

Anonymized Data

Moxie may anonymize and aggregate certain personal information we collect such that the information no longer identifies or can be linked to a particular customer or an individual data subject, subject to the terms of any applicable customer agreements governing associated Services. We may use this data to improve our Services and the Websites, analyze trends, publish market research, and for other marketing, research, or statistical purposes, and may disclose such data to third parties for these purposes.

Third-Party Service Providers

Moxie may disclose your personal information to its affiliates and partners and to consultants, service providers, and contractors who Moxie uses to support its business and operations, such as providers of hosting infrastructure, backup, analytics, application development, and other services.  These third-party service providers may store, access, and process your personal information for the purpose of providing Moxie with services.  Moxie will not permit third parties to use your personal information other than to provide services to Moxie.

Law Enforcement & Protecting Moxie’s Interests

In accordance with its legal obligations, Moxie may transfer or disclose your personal information, subject to a lawful request, to public authorities for law enforcement or national security purposes. This may include transferring or disclosing personal information in response to subpoenas, court orders, or legal process.

Moxie may also access, read, preserve, or share your personal information as we believe is necessary to (i) establish or exercise Moxie’s legal rights or defend against legal claims, (ii) investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, and violations of our contract terms and (iii) as otherwise required by law or court order.

With your Prior Consent

In addition to those disclosures described elsewhere in this Privacy Policy, Moxie may also disclose your personal information to any third-party with your prior consent.

SECURITY

Moxie employs robust security measures to prevent unauthorized access to personal information. We utilize reasonable and appropriate physical, technical, and administrative safeguards to protect the personal information submitted to us, both during transmission and once it is received.  No security measure, however, is perfect.  With respect to personal information collected by Moxie in the course of providing Services on behalf of a customer of ours you should also check the privacy practices of that customer to understand what security measures they use.  If you have any questions about the security of your personal information, you can contact us at privacy@gomoxie.com.

INTERNATIONAL DATA TRANSFERS

Moxie is a global corporation with international operations and customers.  We have developed global data security practices designed to ensure that personal information is appropriately protected.  When you submit personal information to Moxie you are consenting to the transfer of the personal information to the United States or other jurisdictions which may be outside of the jurisdiction in which you reside and which may not provide the same protections and use restrictions on personal information as your jurisdiction of residence.

Moxie Software, Inc. and its subsidiary Moxie Software CIM Corp. are committed to subjecting all personal information they receive from the European Union (EU) to the principles of the EU-US Privacy Shield Framework, details of which can be found here: https://www.privacyshield.gov/ (the “Privacy Shield Principles”). Moxie and Moxie Software CIM Corp. also comply with the Swiss-US Privacy Shield Framework. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles of (i) notice, (ii) consent, (iii) accountability for onward transfer, (iv) security, (v) data integrity and purpose limitation, (vi) access and (vii) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third-party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage).  Moxie’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.

In compliance with the Privacy Shield Principles, Moxie provides recourse to you if you believe that Moxie has failed to follow the Privacy Shield Principles with respect to your personal information. You can contact us with details of your complaint at privacy@gomoxie.com.  If you feel that our response to your complaint is unsatisfactory you may contact, free of charge, our dispute resolution provider, JAMS, at www.jamsadr.com/eu-us-privacy-shield.  Under certain conditions, you may invoke binding arbitration for complaints which are not resolved by any other dispute resolution procedures. More information can be found here: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

EU AND CERTAIN OTHER EUROPEAN RESIDENTS (GDPR)

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage, and disclosure.  The business with you engage using our Services (e.g. Moxie’s business customer) will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@gomoxie.com.

MOXIE’S COLLECTION, JUSTIFIED PROCESSING AND SHARING OF PERSONAL DATA AND YOUR RIGHTS IN PERSONAL DATA

What Personal Data does Moxie collect?

The Personal Data collected by Moxie is comprised of (A) the personal information we collect from visitors to the Websites and through our sales, marketing, and customer support activities and (B) the personal information we collect on behalf of our customers through the Services.  This personal information is described in greater detail above in Sections A and B of this Privacy Policy.

What rights do you have regarding your Personal Data?

You have certain rights with respect to your Personal Data, including those set forth below.  For more information about these rights, or to submit a request, please email privacy@gomoxie.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Special Note Regarding Personal Data Processed by Moxie through the Services:  If Moxie has collected or is otherwise processing your Personal Data through your use of one of the Services we provide our customers, you should contact that customer (e.g. the business with whom you chatted, emailed or otherwise engaged online using one of our Services) in the first instance to address your rights with respect to the Personal Data.

  • Access:  You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by submitting a request to Moxie at privacy@gomoxie.com.
  • Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You should submit your request to privacy@gomoxie.com.
  • Erasure: You can request that we erase some or all of your Personal Data from our systems.
  • Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
  • Portability:  You can ask for a copy of your Personal Data in a machine-readable format.  You can also request that we transmit the data to another controller where technically feasible.
  • Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
  • Restriction of Processing:  You can ask us to restrict further processing of your Personal Data.
  • Right to File a Complaint:  You have the right to lodge a complaint about Moxie’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member.

On what basis do we justify processing your Personal Data:

Moxie’s legal basis for collecting and using your Personal Data will depend on the Personal Data involved and the specific context in which we collect it.   Moxie’s processing of your Personal Data is justified on one or more of the following legal bases:

  • Performance of Contract: The processing is necessary to perform a contract with you or take steps to enter into a contract at your request;
  • Compliance with Law: The processing is necessary for us to comply with a relevant legal obligation;
  • Our Legitimate Interests: The processing is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities, such as developing and maintaining relationships with our customers;
  • With Your Consent: You have consented to the processing (for example, where we are required by local law to rely upon your prior consent for the purposes of direct marketing); or
  • Defend Our Rights; Protect Vital Interests: The processing is necessary to the establishment, exercise, or defense of legal claims or rights or to protect your vital interests or those of another person.

How and with whom do we share your Personal Data?

We share Personal Data with vendors, third-party service providers, and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy. We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested.

We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected).

We also share Personal Data when we believe it is necessary to (a) comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies; (b) protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud; and (c) maintain the security of our products and services, including the Services.

PRIVACY PRACTICES OF THIRD-PARTIES

Third-party websites that may be accessible through links from our Websites and Services may have their own privacy statements and personal information collection, use, and disclosure practices. We encourage you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information or taking advantage of an offer or promotion.

CHILDREN’S PRIVACY

The Website and Services are not intended for or directed to children under the age of 18.  Any person who provides their personal information to Moxie through the Websites or Services represents to Moxie that they are 18 years of age or older.  If you are under the age of 18 years, do not provide us with any personal information, even if prompted to do so. If you are under the age of 18 years and you have provided personal information to Moxie, please ask your parent(s) or guardian(s) to contact Moxie via email at privacy@gomoxie.com and Moxie will delete all such personal information.  Moxie reserves the right to immediately delete the personal and other information of any individual, to the extent permitted by law, who it believes is under the age of 18.

CONTACTING MOXIE

If you have questions, comments, or concerns regarding this Privacy Policy or Moxie’s collection, use, and disclosure of personal information you may contact us at the following email address: privacy@gomoxie.com. European Economic Area and Swiss residents should also see the section entitled “International Data Transfers” above for the means of reporting concerns with Moxie’s compliance with the Privacy Shield Principals.

CHANGE IN OWNERSHIP

In the event of a change in ownership in Moxie, or Moxie’s merger with, acquisition by, or sale of assets to, another entity, Moxie reserves the right to transfer all of your personal information, including, but not limited to, email addresses, to that entity.

OTHER DATA

Moxie collects, uses, uses, discloses, and otherwise processes and maintains certain data and information related to its business and the Services it provides to its customers, which is not personal information.  This Privacy Policy does not restrict our use and processing of such data and information.

In addition, this Privacy Policy does not apply to information we collect about Moxie employees, applicants, or other personnel.

UPDATES TO THIS PRIVACY POLICY

Moxie may update or otherwise modify this Privacy Policy from time to time without prior notice to you. Moxie will post revisions to this Privacy Policy on the Websites and indicate the effective date of the revised Privacy Policy. If we make any material changes we will notify you by email (sent to the e-mail address specified in our records) or by means of a notice on the Websites prior to the change becoming effective. Moxie encourages you to review the Websites periodically to ensure that you are aware of Moxie’s current policies regarding Moxie’s collection, use, and disclosure of personal information. Your continued use of the Website(s) or Services following the posting of any revised policy will constitute your acceptance and the revised policy.

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