Last updated October 2nd, 2019
CALIFORNIA PRIVACY RIGHTSSection 1798.83 of the California Civil Code provides that residents of California can obtain certain information about their personal information (as defined under Section 1798.83(e)(6) of the California Civil Code) that companies have shared with third parties for direct marketing purposes during the preceding calendar year, as well as the identity of those third parties. Personal information, as defined under the California Civil Code, includes, but is not limited to, data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller. To request a copy of your personal information maintained by us, please contact us at email@example.com.
INFORMATION YOU PROVIDE TO USMoe Assist collects Personal Information through the Site at several points. We (or our service providers) collect information from you when you: (1) use the Site or services; (2) create an account with us (the “Account”), or otherwise sign up for a service or feature; (3) communicate with us via third-party social media sites; or (4) contact us, or otherwise communicate with us or provide information to us. When you visit our Site, we also collect anonymous information such as your IP address or domain name to analyze Site traffic, but this information is not personally identifiable. We will use this information to help diagnose problems with our server, to administer our Site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis. In some cases, you may provide information to us about another person, such as when you share Site content or send a message to a friend through a Site or otherwise. In such cases, you represent that you have the authorization of such person to provide us with such information. We may combine your (and others’) information that we have collected from you (or others) with information we may receive from other sources, such as third-party social media platforms (e.g., when you choose to log in to our Sites through a third-party social media platform, subject to your actions and settings thereon), address update services and co-promotion partners. By accessing our Sites, you signify your consent to the above collection of your Personal Information. When you are creating an Account for the first time on a Site with an email address that you have previously provided to us in another circumstance (e.g., when signing up for our emails, by entering one of our sweepstakes or other promotions), we may recognize that email address and, once you have completed the account set-up process, you may be able to see your contact information already included in your new online Account. This is happening because we have recognized your email address and, for your convenience, have added your information to your Account. If you do not want us to collect your Personal Information, please do not provide it to us. You can update your information or change settings by accessing your Account via the Site. In addition, you can revoke your consent in accordance with the procedures set forth below. If you receive an email or other correspondence requesting that you provide any sensitive information (including your Site password or credit card information) via email or to a web site that does not seem to be affiliated with the Site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at firstname.lastname@example.org.
DO NOT TRACKWe currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our website. To learn more about browser tracking signals and “Do Not Track,” please visit http://allaboutdnt.org.
PAYMENT CARD INFORMATIONTo use certain aspects of our services, such as subscribing to our services, we may require credit or debit card account information. By submitting your credit or debit card account information through the Site, you expressly consent to the sharing of your information with third party merchants, billing processors, and payment processors. These third parties may store your credit or debit card account information so you can use our services in the future. We do not have your complete credit or debit card account information, store your credit or debit card account information, or have direct control over or responsibility for your credit or debit card account information. While we require that such third party merchants, billing processors, and payment processors use reasonable procedures to help protect your credit or debit card information, we cannot guarantee that transmissions of your credit or debit card account information or Personal Information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our third-party service providers. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.
INFORMATION DISCLOSUREWe may disclose information we collect (including Site Usage Information and Personal Information) in the following ways to third parties, to the extent permitted by law:
- To our service providers and suppliers, who collect or use such information for us or on our behalf (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, and other similar entities that help us to operate the Site and/or provide functionality, content and services);
- Moe Assist companies and affiliated entities;
- Auditors and professional advisers like bankers, lawyers, accountants and insurers;
- To respond to subpoenas or other judicial processes, or to provide information as requested by law;
- In the event that Moe Assist or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, where your information may be one of the transferred assets;
- To third party marketers, unless you opt-out, and as permitted by law;
- When you contribute to a social, community or other publicly available area or feature of the Sites, the information and content that you post may be made available to the general public, depending on your settings (which is why we recommend that you do not submit or post any sensitive Personal Information, such as your full name, home address, phone number or other information that would enable others to contact or locate you); and
- As otherwise, with your permission or as permitted by law.
YOUR CHOICES / YOUR PRIVACY RIGHTS / HOW TO UNSUBSCRIBEIf you would like to opt out of receiving direct mail from us, please contact us at email@example.com. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us. If you would like to opt out of receiving promotional emails from us, please follow the unsubscribe instructions located in each such email or contact us at firstname.lastname@example.org. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us. If you would prefer that we not share your Personal Information with third-party marketers, please contact us at email@example.com. Please understand that if you do request that we stop sharing your Personal Information with third parties for their direct marketing purposes, such request will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from third parties that received your Personal Information prior to that request. In these cases, please opt out from or contact the third party directly.
MAINTENANCE AND PROCESSING OF INFORMATION IN THE U.S. AND OTHER COUNTRIESYour personal and other information may be stored, transferred and processed in and to the United States. By providing Personal Information to us, you consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, pursuant to the laws of the United States or such other jurisdictions, which may provide lesser privacy protection than the laws of other countries, and you acknowledge that your information may thus be subject to U.S. laws and accessible to the U.S. government, courts, law enforcement and regulatory agencies.
ACCESS TO YOUR PERSONAL INFORMATIONAt any point while we are in possession of or processing your Personal Information, you, the data subject, have the following rights:
- Right of access – you have a right to request disclosure of your Personal Information, and to receive additional details regarding the Personal Information we collect and its use purposes, including any third parties with which we share your Personal Information. You also have the right to request a copy of the information that we hold about you.
- Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
- Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records and request that we instruct our third party service providers to so the same.
- Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
- Right of portability – in response to a request for disclosure, you have the right to have the Personal Information we hold about you in a readily usable format.
- Right to object – you have the right to object to certain types of processing such as direct marketing.
- Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
- Right to judicial review: in the event that Moe Assist refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined below.
CHILDREN’S PRIVACYThe Sites are not directed to children under the age of thirteen (13). If you are under thirteen (13), do not provide your Personal Information on or to the Site. We do not knowingly collect on the Sites any Personal Information from children under thirteen (13). Users outside of the United States who are below the age of eighteen (18) (or the age of the majority in the applicable jurisdiction) should not use the Sites without authorization from a parent or legal guardian. If a parent or guardian becomes aware of his or her child has provided us with Personal Information without their consent, please contact us at: firstname.lastname@example.org.
RETENTIONWe will process Personal Information for so long as reasonably required to provide the services.
HOW WE USE THE PERSONAL INFORMATION COLLECTED ABOUT YOUWe will process (collect, store and use) the information you provide in a manner compatible with the GDPR. We will endeavor to keep your information accurate and up to date, and not keep it for longer than is necessary. Moe Assist is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of Personal Information should be kept may also be governed by specific business-sector requirements and agreed practices. Personal Information may be held in addition to these periods depending on individual business needs.
HOW TO FIND OUT PERSONAL INFORMATION HELD BY MOE ASSISTIf Moe Assist does hold Personal Information about you, you can request the following information:
- Identity and the contact details of the person or organization that has determined how and why to process your data. In some cases, this will be a representative in the EU.
- Contact details of the data protection officer, where applicable.
- The purpose of the processing as well as the legal basis for processing.
- If the processing is based on the legitimate interests of Moe Assist or a third party, information about those interests.
- The categories of Personal Information collected, stored and processed.
- Recipient(s) or categories of recipients that the data is/will be disclosed to.
- If we intend to transfer the Personal Information to a third country or international organization, information about how we ensure this is done securely. The EU has approved sending Personal Information to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
- How long the data will be stored.
- Details of your rights to correct, erase, restrict or object to such processing.
- Information about your right to withdraw consent at any time.
- How to lodge a complaint with the supervisory authority.
- Whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the Personal Information and the possible consequences of failing to provide such data.
- The source of Personal Information if it wasn’t collected directly from you.
- Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.