Cross-Border Notice / Notice to European Users
Collection and Use of Personal Information
Personal information is data that can be used to uniquely identify or contact a single person (“PI”).
Moby’s philosophy, its decentralized architecture, and approach to its Services are such that Moby emphasizes your control, ownership, and stewardship of your personal profile, messages, and file data. As such, Moby endeavors to better respect your privacy than services that centrally store your email messages and data and restrict the portability of your profile and related online data.
You may be asked to provide your personal information anytime you are in contact with Moby. Please note that we will never collect the information set forth in this Section “Collection and Use of Personal Information” without your knowledge. You will always know when PI is being requested and collected, whether by completing a fill-in form on the Site, registration of your HDemail software product, or otherwise. If you do not wish to share the PI requested, you are not required to do so; however, you will not be able to access the applicable Services offering(s) if you do not.
Here are some examples of the types of PI Moby may collect and how we may use it.
What personal information we collect
(a) When you create a Moby ID, Moby email address, register your Moby HDemail software or domain name for domain name email service, purchase a product, service, or subscription from Moby, download a software update, register to be a content distributor, register for a class from Moby, or participate in an online survey we provide we may collect a variety of PI, including your name, mailing address, phone number, email address, contact preferences, and credit card information.
(b) When you order premium content, purchase a Moby HDemail software license or request access to or use of other Services for which we charge fees, we will collect payment information, including, as applicable, payment card or PayPal account data.
(c) When you share your content with family and friends using the Services, send invites to enjoy the Services, or invite others to join you on Moby forums, Moby may collect the PI you provide about those people such as name, mailing address, email address, and phone number.
How we use your PI
Our primary purpose in collecting information is to provide you with a safe, smooth, efficient, and customized experience. Moby collects and uses your PI relating to you, as permitted or necessary to:
- Provide Services, in particular to convey the communications you and others make by means of the Moby HDemail software and/or other Moby Services including the Site;
- Take, process, or deliver orders made via the Site or affiliated websites, invoice you, or notify you of the status of your order;
- Provide other services for you (which will be described when we collect the information);
- Provide you with customer support and troubleshoot problems;
- Compare information for accuracy;
- Inform you about Services, updates, and faults;
- Request feedback or participation in on-line surveys;
- Resolve disputes;
- Verify your identity;
- Customize, measure, and improve the Moby Services, including, improving our search functionality and helping you find and update contacts more easily;
- Conduct internal audits, data analyses, and research about your and other users’ use of the Moby Services;
- Organize and carry out Moby’s marketing, advertising, or promotional operations/offers, contests, games, and similar events; and
- Protect your and Moby’s interests, including in particular to enforce our End User License Agreement, Terms of Service, and fight against fraud, phishing, and spam, (together).
We don’t want to send you communications that you don’t want to receive, so you will be able to opt-out of receiving certain promotional, advertising, and marketing communications anytime by updating your preferences on the Site or by opting-out of the free advertising supported HDemail service and paying a license fee to have ad-free service, and by opting-out of any additional subscription or information service provided by third parties.
However, as you see from the list above, from time to time, we may use your personal information to send important notices, such as communications about purchases you have made and changes to our terms, conditions, and policies (including this Policy). Because this information is important to your business relationship with Moby, you may not opt-out of receiving these communications.
Who we share your PI with
We may share your PI with our affiliated companies (e.g. parent companies, subsidiaries, sister companies). All our affiliates will be required to adhere to the terms of this Policy.
Our Third -Party Service Providers, Suppliers, Partners, and Vendors
At times Moby may make certain personal information available to strategic partners that work with Moby to provide products and services, or that help Moby market to customers. Moby may share PI with unaffiliated companies, such as our strategic partners, suppliers, vendors, and service providers. PI will only be shared by Moby to provide or improve our Services and our advertising; it will not be shared with these third-parties for their own marketing purposes. These companies may provide services such as information processing, credit card processing for fulfilling customer orders, delivering products or services to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys.
Others, as required by law or in certain other circumstances
We may disclose your PI under the following circumstances:
(a) If required by law, legal process, litigation, and/or requests from public or governmental authorities within or outside your country of residence:
(b) If we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate;
(c) If we determine that disclosure is reasonably necessary to enforce our Site Terms and Conditions, End User License Agreement, or to otherwise protect our operations or users; and,
(d) In the event of a reorganization, merger, or sale of our business, to our successor entity, entities or purchaser(s).
Your responsibilities for your PI
Please remember that when you use certain Moby Services, in particular, if you post on the Moby forum(s), in the Moby chat room(s), or via a Moby social networking service, the PI you share is visible to other users and can be read, collected, or used by them. You are responsible for the PI you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features. Finally, please remember that you are also responsible, in addition to Moby, for the security and confidentiality of any user name and password that you create or that is assigned to you for access or use of the Services. Moby is not responsible for your failure to maintain the security and confidentiality of this information.
Collection and Use of Other Types of Information
Moby may also gather and use the following types of non-personal information about you. This information is not considered PI unless it is connected to your name or other PI; therefore, we may collect, use, store and disclose all non-personal information for any reason or purpose. However, if the information is stored, maintained, or in any way connected to any of your PI, we will treat it as PI for as long as it is so stored, maintained, or connected.
Information about you and about other people:
(a) Your non-personal user profile information (e.g. age, gender, country, state, and city of residence, zip code, and any information that you choose to make available to others as part of your Moby user profile);
(b) Survey results;
(c) Products or services ordered and delivered;
(d) The URL of links such as videos that you have selected to appear in your Moby HDemail software;
(e) List of your contacts;
(f) Your username and password for other email accounts where you have provided this to us and requested us to search for your friends on Moby (please note that Moby does not retain this information beyond the time necessary to provide the Service you request or use it for any other purpose);
(g) Correspondence between you and Moby;
(h) Content of other third-party communications services that may be integrated in your Moby Services experience including phone or video calling, chat, or instant messaging communications.
Information about your computer or other device you use to access and use the Services
Information such as zip code, area code, unique device identifier, location, and the time zone where a Moby Service is used so that we can better understand customer behavior and improve our products, services, and advertising.
Information regarding customer’s devices’ activities on our website, Site traffic statistics, mobile services and application stores, and from our other Services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our Services are of most interest.
Information about your device’s usage of and interaction with the Moby HDemail software, our Services, the Site, and other Moby websites, including computer and connection information, device capability, bandwidth, statistics on page views, and traffic to and from our websites;
However, as indicated above, if we do combine non-personal information with PI, the combined information will be treated as PI for as long as it remains combined.
Cookies and Other Technologies
Some of the information mentioned in this Section is collected by our use of “cookies” and other technologies such as pixel tags and web beacons, including in any advertisements we provide or display to you. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information.
As is true of most websites and Services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data. We use this information to understand and analyze trends, to administer the Site and Services, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. Moby may use this information in our marketing and advertising services, but it is always in aggregate and not connected with any PI.
In some of our email messages, and software, we use a “click-through URL” linked to content on the Moby website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We may track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.
Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.
To provide location-based services, Moby may collect, use, and share (as permitted by this Policy) precise location data, including the real-time geographic location of your computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by all parties who have access to it to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt-in to their location services.
Some location-based services which may be offered by Moby, or Moby partners, may require your PI for the feature to work. If you do not wish to share your PI, please do not use, access, or attempt to use or access these location-based services.
Protection of PI
Using the Internet, including our Services, carries inherent risk. We do not guarantee you or your PI will be completely safe. However, we do take precautions — including administrative, technical, and physical measures — to help us protect your PI against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
Moby online Services use Secure Sockets Layer (SSL) encryption on all Site pages where financial information is collected. To make purchases from these areas of the Site(s), you must use an SSL-enabled browser such as Safari, Firefox, or Internet Explorer. Doing so helps to protect the confidentiality of your PI while it’s transmitted over the Internet.
Integrity and Retention of Personal Information
Moby makes it easy for you to keep your PI accurate, complete, and up to date. We endeavor to be as transparent as possible so that you may correct and refine your PI as you deem appropriate. We will retain your PI for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.
Access to Personal Information
You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account and keeping your information current. For other PI, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if Moby is not required to retain it by law or for legitimate business purposes. When you have shared your PI with another user such as a friend or colleague we may update the information you have shared with them so that it reflects changes you may make to your PI. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made to the Moby privacy email address.
We do not knowingly collect PI from children under 13. If we learn that we have collected the PI of a child under13 we will take steps to delete the information as soon as possible.
We recognize the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Moby Services are not intended for children under the age of 13. We do not target Moby or our Services to children under 13. We do not knowingly collect personally identifiable information from children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE THE MOBY SERVICES OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. IF WE LEARN THAT PERSONALLY-IDENTIFIABLE INFORMATION OF PERSONS LESS THAN 13 YEARS OF AGE HAS BEEN COLLECTED ON OR THROUGH THE MOBY SERVICES OR SITE EXTENSION, WE WILL TAKE THE APPROPRIATE STEPS TO DELETE THIS INFORMATION.
IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 13 WHO HAS BECOME A USER OF THE MOBY SERVICES OR SITE, THEN PLEASE CONTACT SUPPORT@MOBYCORP.COM TO HAVE THAT CHILD’S ACCOUNT TERMINATED AND INFORMATION DELETED.
THE FOLLOWING ARE SOME RESOURCES THAT MAY HELP PARENTS AND LEGAL GUARDIANS IN MONITORING AND LIMITING YOUR CHILDREN’S ACCESS TO CERTAIN TYPES OF MATERIAL ON THE INTERNET. WHILE WE DO NOT ENDORSE THESE SITES, SERVICES, OR PRODUCTS, AND WE DISCLAIM ANY RESPONSIBILITY IN CONNECTION WITH THEM, WE PROVIDE INFORMATION ABOUT THEM AS A PUBLIC SERVICE.
- OnGuard Online, maintained by the Federal Trade Commission.
- The Child Safety Network
- Control Kids
- Cyber Sitter
- Net Nanny
Third-Party Sites and Services
Moby Services may contain links to third-party websites, products, and services. When you leave the Site, or exit the Moby Services to go to a third-party website or access a third-party service, information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. Moby is not responsible for the privacy policies or practices of these third-parties, nor any information you submit to them, so we encourage you to learn about the privacy practices of those third parties.
Our Companywide Commitment to Your Privacy
To make sure your PI is secure we communicate this Policy and our related security practices to Moby employees and make a strong effort to enforce privacy policies and procedures within the company.
If you have questions or concerns regarding this Policy, please contact Moby at the address listed below.
Country or Region:
All Countries & Regions
524 2nd Ave #500
Seattle, WA 98104
© Moby Corp – Last revised: December 2018