Updated as of October 2019
1. About Moogsoft
Moogsoft Inc. (“Moogsoft”) is a Delaware corporation headquartered at 1265 Battery Street, San Francisco, CA 94111. Full company details of Moogsoft and Moogsoft affiliates that may process your personal information can be found here.
3. Where We Store Your Information
We are a global organization and so the information that we collect from you may be transferred to, and stored at, a destination other than the country in which the information was collected (information is frequently transferred to the United States because that is where we are headquartered).
Your information may also be processed by our staff at any of our locations around the world or by the staff of our suppliers at any of their locations around the world. Such staff may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services.
Information you provide to us may be stored on our servers or those of our third-party service providers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our website, you are responsible for keeping this password confidential. You should not share your password with anyone.
4. Moogsoft Products
Some of our products may be used by our customers to collect information that is or could be personal information. We may have no direct relationship with the individuals whose personal information we process on behalf of our customers. An individual who seeks access, or who seeks to correct, amend or delete inaccurate data controlled by one of our customers should direct its query to our customer (the data controller). We use and disclose such information as specified in the agreement(s) between our customer and us and/or as required by law.
5. Information We May Collect From You
(a) Information you give to us: You may provide us with certain categories of personal information, which is information that could reasonably be used to identify you personally, including but not limited to, your name, email address and company information. We may collect this information through forms that you complete on our mobile apps and websites, by subscribing to our services (such as newsletters or white papers), using community forums on our website, attending training sessions, following us on social media, by attending our events or by corresponding with us by phone, email, social media or otherwise. This includes information you provide when you purchase products from us, contact our support helpdesk, participate in forums or other social media functions on our website, enter a promotion or survey and when you report a problem with our website.
(b) Information when you use our mobile apps: When you use our mobile apps we may automatically collect the following information:
(i) Device information: We may collect information about the device including, where available, the device’s unique device identifiers, operating system, browser type and, if a mobile device, mobile network information as well as the device’s telephone number;
(ii) Location information: If you use any location-enabled services that we may offer, we may collect and process information about your actual location. Some of these services may require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your information being used for this purpose; and
(iii) Unique application numbers: when you install or uninstall an app containing a unique application number or when such a service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
(c) Information from visits to our websites: Each time you visit our website we may automatically collect the following information: (i) Technical information, including the Internet protocol (“IP”) address used to connect your computer to the Internet (which may allow us to identify your geographic location), your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and (ii) Information about your visit, including the full Uniform Resource Locators (“URL”) clickstream to, through and from our website (including date and time); page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
(d) Information from your use of our products: If you use our software, we may automatically collect metrics on your activities, such as details of when you are using the software, web pages visited, length of visit, interactions with the user interface, , which features of our products you use and how often, how many agents have been installed and the application types being monitored and other information about your technology environment and devices used (including unique device identifiers, operating system, browser type and mobile network information). If you configure or use our products in a manner that collects information about your customers, then we will also receive that information.
Our products also collect metrics that relate to the performance, health and resource of servers, databases applications and other technology, as well as their components (transactions, code libraries) and the related infrastructure (nodes, tiers) that service those components.
(e) Information we receive from other sources: We work closely with third parties (for example, business partners, resellers, sub-contractors in technical, payment and delivery services, analytics providers, and search information providers) and may receive information about you from them to enable us to customize your experience on our websites with personalized content. In addition, if you use our social login features (allowing you to log-in to your account using a third-party platform such as Slack), such third-party platform will provide us with access to certain information that you have provided to it, and we will use, store and disclose such information in accordance with this policy. However, please remember that the manner in which such third-party platforms use, store and disclose your information is governed by the policies of such third parties, and we will have no liability or responsibility for the privacy practices or other actions of any such platforms.
7. How We Use Your Information
We may use the information held about you to:
(a) carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
(b) provide you with information about other products and services we offer;
(c) respond to your requests and questions;
(d) notify you about changes to our company, products or services, and changes to our terms and conditions; and
(e) ensure that relevant content from our websites is presented in the most effective manner for you and for your device
(f) administer our website and products, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
(g) improve our website and products and to ensure that content is presented in the most effective manner for you and your device;
(h) allow you to participate in interactive features of our website, products and services when you choose to do so;
(i) help keep our website, products and services safe and secure;
(j) make suggestions and recommendations to you and other users of our website about products or services that may interest you or them;
(k) notify you about changes to our company or services; and
(l) comply with applicable legal requirements, relevant industry standards and our policies. We also may use the information in other ways for which we provide specific notice at the time of collection.
8. Marketing to you
We may use information held about you to provide you, or permit selected third parties to provide you, with information about products or services we feel may interest you. This may be by contacting you by phone or by email.
If you do not want us to use your information in this way, or to pass your details on to third parties for marketing purposes, you can unsubscribe from such emails using the link provided in emails, tell your Moogsoft contact, email us at email@example.com or check the relevant box on the form in which we are collecting your information. Note that you may still receive administrative emails (for example, regarding updates to our terms) or transactional emails (for example, related to a purchase you make) from us.
9. Aggregated Information
In an ongoing effort to better understand and serve the users of our websites and products, we often conduct research on customer demographics, interests and behavior based on the personal information and other data provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated data with our affiliates, agents and business partners. This aggregated information does not identify you personally. We may also disclose aggregated user statistics in order to describe our products to current and prospective business partners, and to other third parties for other lawful purposes.
10. Disclosure of Your Information
We will never sell your information for marketing purposes. However, there may be times when we need to share your personal information, as detailed below.
We may share your personal information with any of our affiliates if necessary for the legitimate business purposes of the disclosing company or company receiving the information.
We may also share your information with selected third parties including:
(a) our affiliates, business partners, resellers, suppliers and sub-contractors for the performance of any contract we enter into with them or you. When we employ another company to perform a function of this nature, we strive to provide them with the minimum information that they need to perform their specific function;
(b) partners and service providers with whom we have a strategic relationship or that perform work for us to provide the products to you. These third parties may help us host and/or analyze data, process information, fulfill orders, deliver products or information, manage and enhance user data, provide customer service, assess your interest in products or conduct user research and surveys. These companies are obligated to protect your personal information and may have their own privacy policies if you link to or access their websites or systems; and
(c) analytics and search engine providers that assist us in the improvement and optimization of our website.
We may disclose your personal information to third parties:
(a) in the event that we sell or buy any business or assets, in which case we may disclose your information to the prospective seller or buyer of such business or assets;
(b) if substantially all of our assets are acquired by a third party, in which case information held by us about our customers will be one of the transferred assets; or
(c) if we are under a duty to disclose or share your information in order to comply with any legal obligation, or in order to enforce any agreements with you or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We take commercially reasonable steps to protect the personal information we receive from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error-free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any personal information to us. We ask that you not send us, and you not disclose, any sensitive personal information to us directly or through our products (such as protected health information, passwords and authentication/authorization credentials for other services, credit card numbers or other financial information other than for the purpose of making payment to us, drivers license numbers, passport numbers, social security numbers or information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership).
12. Your Rights
Subject to applicable law, you can request to review, change, or delete your personal information by contacting us at firstname.lastname@example.org.
13. Withdrawing your consent to us using your information
You may withdraw any consent you previously provided to us for the processing of your personal information by contacting us at email@example.com. As required by applicable law, we will apply your preferences going forward, within a reasonable amount of time. Even where you withdraw your consent, we may still process your personal data for limited purposes, for example, to give effect to your request or to safeguard our business. In some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that you cannot use some of our products or services.
We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, please do not submit any personal information through our websites or products. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our policy by instructing their children never to provide personal information through our websites or products without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us through our websites or products, please contact us, and we will endeavor to delete that information from our databases.
15. Additional Information for European Union Users
Purpose and Legal bases for processing
We process your personal data on several different legal bases, as follows:
- Based on necessity to enter into or perform a contract with you or a Moogsoft customer – we need to process your personal data to enter into an agreement with you or a Moogsoft customer, to perform perform contractual obligations including, without limitation, to respond to related questions and requests or provide customer support.
- Based on legitimate interests – we process personal data from you:
- for the security and safety of the website, the products, our IT connected to the website and products, and the users of the website and the products;
- to detect and prevent fraud;
- to protect and defend the rights or property of others, or our own rights and interests;
- to track your activities on the website, provided you have not opted out of such data processing. Details about the web analytics and advertising solutions used on the website can be found immediately below.
- to track your activities while using the products to improve and facilitate our provision of products. Detailed information about the web analytics and advertising solutions used on the website can be found on the subprocessors page.
- Based on compliance with legal obligations – we may need to process your personal data to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process.
We only use your personal information as permitted by law. We are required to inform you of the legal bases of our processing of your personal information, which are described above.
Use for new purposes
Marketing Communications to You
On the website at the following link: https://info.moogsoft.com/communications-preferences.html you can register to receive newsletters, event information or similar information on our products or services or the products or services of our affiliates. As part of the registration process, we ask you to provide us with certain mandatory information. Such information may include: name, work email, company name, job title, company size, work phone number, location of office.
When receiving a registration, we log and store the date/time of registration the registration was received from. This solely serves as evidentiary purposes if your contact details are used by an unauthorized party.
When registering to receive newsletters or similar information on the website at https://info.moogsoft.com/communications-preferences.html you need to explicitly declare your consent in our processing of your personal data for this purpose.
You are under no obligation to provide such consent and, if you choose to do so nonetheless, you may withdraw your consent at any time with future effect for any or no reason by following the unsubscribe link contained in any email communication to you, through the following link: https://info.moogsoft.com/communications-preferences.html, or by sending us an email at firstname.lastname@example.org.
We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
We keep basic information about our customers for the duration of the agreement and for a reasonable time afterwards as might be required to determine and settle any related obligations and/or claims.
European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
- Opt-out. Stop sending you direct marketing communications. You may continue to receive service-related and other non-marketing emails.
- Access. Provide you with information about our processing of your personal information and give you access to your personal information.
- Correct. Update or correct inaccuracies in your personal information.
- Delete. Delete your personal information.
- Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
- Restrict. Restrict the processing of your personal information.
- Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
Please be aware that not all the above options are available to you, depending on the legal basis on which we process your personal information. If the personal information that you are inquiring about is based on your use as a user of the products, then we will have to forward your inquiry to the Moogsoft customer that controls the personal information within that product.You can submit these requests by email to email@example.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us as described above.
Cross-Border Data Transfer
Our headquarters, many of our data centers, and many of our affiliates and third-party service providers are located in the United States. We also have subsidiaries, affiliates and third-party service providers located outside of the European Economic Area (EEA).
Whenever we transfer your personal information outside the EEA to countries not deemed by the European Commission to provide an adequate level of personal information protection, we will enter into data processing and data transfer agreements that incorporate the Standard Contractual Clauses approved by the EU Commission and our information security teams.
16. Additional Privacy Rights
If you are a resident of California or any state with similar laws, you may be covered by the California Consumer Privacy Act (“CCPA”; California Civil Code sections 1798.100 et seq.) or the similar laws of other states and may have the following additional rights regarding our use of your Personal Information:
Access to Specific Information and Data Portability Rights
You have the right to request that Moogsoft disclose the following information about our data collection for the previous twelve (12) months: (a) the categories of Personal Information we have collected about you; (b) the specific pieces of Personal Information we have collected about you; (c) the categories of sources from which your Personal Information was collected; (d) the categories of third parties with whom we share your Personal Information; and (e) the business or commercial purpose for collecting or disclosing your Personal Information. You may make a request for this information no more than twice in a twelve (12) month period. Please see Exercising Access, Data Portability, and Deletion Rights for information about how we verify your request.
Deletion Request Rights
You have the right to request that Moogsoft delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions (“Deletion Request”). Please see Exercising Access, Data Portability, and Deletion Rights for information about to we verify your Deletion Request. Once we have verified your Deletion Request, we will delete (and direct our service providers to delete) the Personal Information identified in your Deletion Request, except for Personal Information that is exempted by statute or regulation.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a request to us by either:
- Visiting our Personal Information Request form
- E-mailing your request with the information required below to: firstname.lastname@example.org
If you choose to make a request by e-mail, please provide your full name and your e-mail address, home and/or business address, and the phone number we would have in our records so that we are able to verify that you are the person about whom we collected Personal Information. Your e-mail should also describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Do not send your social security number, credit card number, passport number, or other identification card number when you submit your request. The Personal Information you provide with your request will only be used to verify your identity. You may use an authorized agent to submit requests under this policy on your behalf. However, we may request copies of written authorization to such agent, and may also request that you independently verify the information contained in the request in order to confirm your identity.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity (and that of an authorized agent) and confirm the Personal Information relates to you.
You may also make a request on behalf of your minor child.
“Directly from Customers” is information provided to us or collected by us in connection with our contractual relationship with you or your organization for purposes of Moogsoft providing product and/or services to you or your organization so that we can carry out or obligations and enforce our rights arising from any contracts entered into between us and you and your organization.
Response Timing and Format
We will confirm receipt of the request within ten (10) days of its receipt. We endeavor to respond to requests within forty-five (45) days of receipt. If we require more time (up to an additional forty-five (45) days), we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding receipt of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We cannot and will not discriminate against any person, including with respect to the quality or cost of our services, on the basis of any request with respect to your Personal Information.
You may have similar rights under California Civil Code Section 1798.83, relating to our disclosure of certain Personal Information to third parties, which are also covered by our compliance with the requirements of this section and our obligations under the CCPA.
17. Third Party Links
Our website may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these third parties. Please check these policies before you submit any information to these websites.
18. Public Forums
Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at email@example.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Questions, comments and requests regarding this policy are welcomed and should be addressed to firstname.lastname@example.org.