Moxie respects your preferences concerning the collection and use of your Personal Information. The following privacy policies are tailored for the different ways your Personal Information is collected.
Beartooth Enterprises, Inc. and our subsidiaries and affiliates ("Moxie" or "we") respect your preferences concerning the treatment of Personal Information that we may collect. This policy lets you know how we collect and use your Personal Information, how you can control its use, and describes our practices regarding information collected from Moxie applications, websites, affiliated websites, as well as through offline sales and marketing activities (collectively, the "Channels").
Your video date is between you and your match. Moxie does not record or retain your video date for any purpose whatsoever. It is also a violation of this policy for you to capture the video and we reserve the right to terminate your Account if we discover that you have recorded or distributed the video date.
Through your interaction with and use of the Channels, Moxie may collect “Personal Information,” which is information that identifies an individual or relates to an identifiable individual. Personal Information may include, but is not limited to, your name, physical address, telephone number, e-mail address, and photographs.
Moxie also collects “Sensitive Information,” which is information in your profile such as gender identity, sexual preference, friend lists, social media accounts, work or school information, hobbies and interests. When we combine Sensitive Information with Personal Information we treat the combined information as Personal Information.
Moxie may also collect Other Information through your interaction with and use of the Channels and non-Moxie websites, which does not reveal your specific identity or does not directly relate to an individual. “Other Information” may include, but is not limited to, browser and device information, data collected through automated electronic interactions, application usage data, demographic information, geographic or geo-location information, statistical and aggregated information.
Statistical or aggregated information does not directly identify a specific person, but it may be derived from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users in a particular zip code.
In some instances, we may combine Other Information with Personal Information, such as combining a precise geographical location with your name. If we combine Other Information with Personal Information, we will treat the combined information as Personal Information.
Moxie uses and shares the Personal Information it collects (unless otherwise restricted by applicable law), to:
Moxie may use Personal Information to engage in transactions with you.
Moxie may use Personal Information along with, financial, credit card, and payment information, to process your transactions.
Moxie may use your Personal Information to provide you support or other services you have ordered, as well as product updates, product patches and fixes and other similar operational communications.
Some Channels permit you to: participate in interactive discussions; create a profile; post comments, opportunities or other content; communicate directly with another user; or otherwise engage in social activities. Some of these services are moderated and all may be accessed for technical reasons. Moxie does not control the content that users post to these forums or social networks. You should carefully consider whether you wish to submit Personal Information to these forums or social networks and whether you wish to make your profile available to other users, and you should tailor any content you submit appropriately. You should also review any additional terms and conditions that may govern your use of these Channels.
We post testimonials on our Channels that may contain Personal Information. If you wish to update or delete your testimonial, please contact us.
Moxie may use your Personal Information to help create and personalize content on our Channels, facilitate your use of the Channels (for example, to facilitate navigation and the login process, avoid duplicate data entry, enhance security, keep track of shopping cart additions and preserve order information between sessions), improve quality, track marketing campaign responsiveness (including online advertising and e-mail marketing), and evaluate page response rates.
Moxie and its partners may engage in joint sales or product promotions. Such promotions will always reference the partners involved. Both Moxie and the partner(s) will have access to that information, and either Moxie or our partners may provide you the sales or product promotion information. Each party will be responsible for managing their own use of the Personal Information collected for the joint sale or product promotion. We recommend you review the privacy policies of these partners to address any questions you have regarding their handling of your information.
Moxie may use your Personal Information to evaluate and improve our products, services, marketing, and customer relationships.
We or our partners may communicate with you about a conference or event hosted or co-sponsored by Moxie or one of our partners. This may include information about the event's content, logistics, payment, updates, and any additional meetings, special demonstrations or other customer facilitation that we may provide related to your event registration. After the event, Moxie may contact you about the event and related products and services, and may share information about your attendance with your company. Where legally permitted, Moxie will also allow designated partners or conference sponsors to send you communications related to your event attendance. Please note that our partners or conference sponsors may directly request your Personal Information. You should review their privacy policies to learn how they use Personal Information.
We also share Personal Information with third parties who provide services to Moxie, such as credit card processing services, order fulfillment, analytics, event / campaign management, application management, web site management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, and other similar services.
Moxie may disclose your Personal Information as we believe to be necessary or appropriate to protect the health and safety of our employees and visitors, our physical and online operations, our property, rights, and privacy, and/or that of our affiliates, you or others. If you visit our offices, you may be photographed or videotaped as part of maintaining the security of our facilities. Facility security photography will be treated as sensitive information and will only be used for security and investigation purposes.
Moxie may disclose your Personal Information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; and (e) to allow us to pursue available remedies or limit the damages that we may sustain. Additionally, in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we may transfer the Personal Information we have collected to the relevant third party.
Moxie reserves the right to conduct—and you authorize Moxie to conduct—any criminal background check or other screenings (such as sex offender register searches) at any time using available public records, and you agree that any information you provide may be used for that purpose. If Moxie decides to conduct any screening through a consumer reporting agency, you hereby authorize the company to obtain and use a consumer report about you to determine your eligibility under these terms.
We may use, transfer, and disclose Other Information we collect for any purpose, except where applicable law requires otherwise. If we are required to treat Other Information as Personal Information under applicable law, then we will only use it in the same way that we are permitted to use and disclose Personal Information.
Moxie and our third party service providers may collect both Personal Information and Other Information from a variety of sources that generally fall into three categories:
From your use of and interaction with us through the Channels and other activities such as account creation, submission of registrations and forms, or sales inquiries and transactions.
Data from Automated Interactions on non-Moxie websites, or other data you may have made publicly available, such as social media posts, or data provided by third party sources, such as Moxie Customers, marketing opt-in lists, or data aggregators.
From the use of technologies such as electronic communication protocols, cookies, embedded URLs or pixels, or widgets, buttons and tools.
Although Moxie's use of Automated Interactions may change over time as technology evolves, the following descriptions are designed to provide you with additional detail about Moxie's current approach to information collected from Automated Interactions.
As is true when you visit most websites and apps, Moxie may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type), your IP address (which may identify your general geographic location or company), and date and time.
Moxie may also automatically receive and record information about your interaction with the Channels, such as clickstream information (when each Moxie webpage was visited, how much time was spent on the page, and how you interacted with the webpage), or general geo-location data.
Moxie's server will query your browser to see if there are "cookies" previously set by our electronic Channels. A cookie is a small piece of information sent by a Web server to store on a Web browser so it can later be read back from that browser. Cookies may collect information, including a unique identifier, user preferences, profile information, membership information, and general usage and volume statistical information. Cookies may also be used to collect individualized web site use data, provide electronic Channel personalization, or conduct and measure the effectiveness of advertising in accordance with this Policy. Some cookies may remain on users' computers after they leave the Website. While the majority are set to expire within 1-24 months of your last visit to the website that set the cookie, others may not expire because of their nature, like cookies that remember opt-out preferences.
Your browser may provide you with information and control over cookies. You can set your browser to alert you when a cookie is being used, and accept or reject the cookie. You can also set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the site, except in some cases where cookies are used as an essential security feature necessary for transaction completion. Cookies, however, are important to the proper functioning of a site, and disabling them may degrade your experience and interfere with Web site features and customizations.
Moxie may track and analyze both individualized usage and volume statistical information from interactions with electronic Channels.
We may use a tracking technique that employs embedded URLs to allow use of the electronic Channels without cookies. Embedded URLs allow limited information to follow you as you navigate the electronic Channels, but are not associated with Personal Information and are not used beyond the session.
On the electronic Channels, Moxie and its service providers may use embedded pixel technologies for the purposes of identifying unique user visits (as opposed to aggregate hits), and for advertising purposes. In addition, embedded pixels or other technologies may be used in e-mails and our online display advertising to provide information on when the e-mail or ad was opened to track marketing campaign responsiveness; information collected using these technologies may be associated with the recipient's e-mail address.
We may collect the physical location of your device and use it to provide you with personalized location-based services or content. In some instances, you may be permitted to allow or deny such use of your device's location, but if you choose to deny such use, we may not be able to provide you with the applicable personalized services or content.
On occasion, Moxie may use third-party lists to send communications about Moxie products and services. These lists, which are maintained by third parties, include users eligible under applicable law to receive e-mails from other companies such as Moxie.
If you are a California resident, you have certain rights relating to access, deletion and opting out. To make such a request, you may contact us as specified in the "How to Contact Us" section below.
You have the right to request that Moxie disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see below), we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (A) sales, identifying the personal information categories that each category of recipient purchased; and (B) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
You have the right to request that Moxie delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception described under California law applies.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We will not discriminate against you for exercising any of your California Privacy rights. We will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
The following categories of personal information do not include either (a) consumer information that is de-identified or aggregated, or (b) publicly available information:
|i. Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.||No||No|
|ii. Signature, physical characteristics or description, telephone number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.||No||No|
|iii. Characteristics of protected classifications under California or federal law (e.g., race, religion, gender, marital status, ancestry, national origin, etc.).||No||No|
|iv. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||No||No|
|v. Biometric information.||No||No|
|vi. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.||No||No|
|vii. Geolocation data.||No||No|
|viii. Audio, electronic, visual, thermal, olfactory, or similar information.||No||No|
|ix. Professional or employment-related information.||No||No|
|x. Education information, defined as information that is not publicly available personally identifiable information.||No||No|
|xi. Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||No||No|
California law requires a separate page be maintained that allows you to opt out of the sale of your personal information, which can be accessed by visiting: http://moxiedating.co/moxie/client/optout
You may request to review, correct, update, suppress, or otherwise modify any of your Personal Information that you have previously provided to us through the Channels, or object to the use or processing of such Personal Information by us. You have the ability to update your Personal Information at any time. If you have privacy concerns regarding access to or the correction of your Personal Information, please contact us as indicated in the "How to Contact Us" section below.
Moxie will retain your Personal Information for as long as needed to provide you products or services; as needed for the purposes outlined in this policy or at the time of collection; as necessary to comply with our legal obligations (e.g., to honor opt-outs), resolve disputes, and enforce our agreements; or to the extent permitted by law.
At the end of the retention period, Moxie will delete your Personal Information in a manner designed to ensure that it cannot be reconstructed or read.
Some banner ads may contain embedded pixels that may write and read cookies or return session connection information that allows advertisers to better determine how users have engaged with the ad banner.
Moxie may use advertising technologies and participate in advertising technology networks that collect Other Information from Moxie and non-Moxie websites, as well as from other sources, to show you Moxie-related advertisements on Moxie’s own and third-party websites. These advertisements may be tailored to your perceived interests using retargeting and behavioral advertising technologies, a set of practices collectively referred to as “interest based advertising” in this policy. Any retargeted or behavioral advertisements served to your browser will contain information on or near it that informs you about the advertising technology partner and how to opt-out of viewing such advertisements. Opting-out does not mean that you will stop receiving ads from Moxie. It means that you still stop receiving ads that have been targeted to you based on your visits and browsing activity across websites over time.
The security of your Personal Information is very important to Moxie. We use physical, electronic, and administrative safeguards that are designed to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
In addition, Moxie uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as credit card details. When you enter sensitive Personal Information such as your credit card number on our site, we encrypt it using secure socket layer (SSL) technology.
In the event that your Personal Information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, Moxie will notify you by e-mail, fax, or U.S. mail. Moxie will give you notice promptly, consistent with the reasonable needs of law enforcement and/or Moxie to determine the scope of the breach and to investigate and restore the integrity of the data system.
As a company focused on serving the needs of mature adults, Moxie's Channels are not directed to minors and Moxie does not promote or market its services to minors, except as part of specific educational outreach programs. If you believe that we have mistakenly or unintentionally collected Personal Information of a minor through our Channels without appropriate consent, please notify us so that we may immediately delete the information from our servers and make any other necessary corrections.
Last Revised: April 16, 2020