Effective: January 1, 2020
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, (i) 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; (ii) your search queries and content viewed using the Services; (iii) information related to your online behavior and activities, such as browsing and purchasing; and (iv) information automatically collected 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.
Moxie may use the personal information it collects via the Services 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.
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 or her 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. For additional terms applicable to California residents wishing to access, correct, amend, or delete personal information see the “General — California Rights” section below.
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.
The following chart details the categories of personal information that we collect and have collected over the past twelve (12) months from visitors to our Websites and through Moxie sales, marketing, and customer support activities. For each category of personal information, these subsections also set out our commercial or business purpose for collecting that personal information and the categories of third parties with whom we share that personal information. More information regarding those sources and categories are set forth in the charts below.
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.
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.
Your personal information may also be shared as follows:
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.
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 firstname.lastname@example.org.
The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. If you have any questions about this section or whether any of the following applies to you, please contact us at email@example.com and indicate “California Rights” in the subject line of your communication.
You have the right to request certain information about our collection and use of your personal information over the past twelve (12) months. We will provide you with the following information:
If we have disclosed your personal information for a business purpose over the past twelve (12) months, we will identify the categories of personal information shared with each category of third party recipient.
If we have sold your personal information over the past twelve (12) months, we will identify the categories of personal information purchased by each category of third party recipient.
You have the right to request that we delete the personal information that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your personal information to provide you with the services for which you provided the information or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Exercising Your Rights
To exercise the rights described above, you must send us a request that (i) provides sufficient information to allow us to verify that you are the person about whom we have collected personal information, and (ii) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use personal information provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of access to our Websites and use of the Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
Other California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at firstname.lastname@example.org.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Not all browsers offer a Do Not Track option and there is currently no industry consensus as to what constitutes a Do Not Track signal. For these reasons, our Websites, like many website operators, do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.
We will not “sell” your Personal Data, as that term is defined in the CCPA, and have not done so over the last twelve (12) months.
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.
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 email@example.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.
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.
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 firstname.lastname@example.org. 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 email@example.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 firstname.lastname@example.org.
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.
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 email@example.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/Communications 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 firstname.lastname@example.org 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.
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.
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.
The Websites 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 email@example.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.
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 such an entity.