Effective: May 25, 2018
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:
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.
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.
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:
This list is for illustrative purposes only and should not be considered exhaustive.
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.
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.
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.
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 email@example.com.
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.
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”.
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.
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.
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.
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.
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.
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.
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/file-an-eu-us-privacy-shield-or-safe-harbor-claim. 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.
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:
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.
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 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 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 that entity.