Moonwalk Labs, Inc.
Last updated Dec 15th, 2020
1. Privacy; Customer Information.
1.3 Payment Data.
Moonwalk will not share with a Client any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by a User on the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to brands, so long as such information is entered in the fields under “Payment” on the order payment page. Note that if a User enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable Client, so Users should enter such information only under “Payment” on the order payment page.
2. Personal Data We Collect
When you use or interact with us through the Services, we may collect Personal Data, as further described below:
2.1 All Users.
As a Client we will collect additional Personal Data from you. In some cases, we may collect your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute Personal Data, to secure certain payments. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number). We may also collect or receive Personal Data from third party sources, such as third-party websites, your bank, our payment processing partners and credit reporting agencies.
3. How We Use Your Personal Data.
3.1 Specific Reason.
If you provide Personal Data for a certain purpose, we may use the Personal Data in connection with the purpose for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
3.2 Access and Use.
If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to monitor your use of such Services or functionality. For instance, if you supply Personal Data relating to your identity or qualifications to use certain portions of the Services, we will use that information to make a decision as to granting you access to use such Services and to monitor your ongoing qualification to use such Services.
3.3 Internal Business Purposes.
We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.
3.5 Client Emails.
We allow Clients to use our email tools to contact Users for their current and past brands, so you may receive emails from our system that originate with such Clients. If you have registered for an brand on the Services, your email is available to that Client. However, Clients may also import the emails they have from external sources and send communications through the Services to those emails and we will deliver those communications to those emails. See “Opt Out from Electronic Communications” in Section 9.2 below on how to opt out of these communications.
3.6 Other Purposes.
4. How We Disclose and Transfer Your Personal Data.
There are certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth below.
4.2 Business Transfers.
4.3 Parent Companies, Subsidiaries and Affiliates.
4.4 Agents, Consultants and Service Providers.
We may share your Personal Data with our contractors and service providers who process Personal Data on behalf of Moonwalk to perform certain business-related functions. These companies include our marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.
When you purchase rewards to, register for or donate to a brand through the brand page, or through a related fundraising page on the Services, we provide the Personal Data entered on the applicable brand or related fundraising page to the Clients of such brand or related fundraising page. For fundraising pages, we may provide your Personal Data both to the Client charity of the fundraising page and the Client of the brand to which the fundraising page is linked. In some instances, a Client may appoint a third party, which may or may not be affiliated with the Client, to create an brand or fundraising page on its behalf (we call these third parties “Third-Party Clients”). For example, and without limitation, a concert venue (the Client, in this case) may allow third-party promoters or production companies (the Third-Party Clients) to create brands that will be hosted at the Client's venue using its Moonwalk account. In that case, we may provide your Personal Data associated with the brand to both to the Client, and its appointed Third-Party Client that created the brand or fundraising page. You agree that we are not responsible for the actions of these Clients, or their Third-Party Clients, with respect to your Personal Data. It is important that you review the applicable policies of the Clients, and if applicable and available, their appointed Third-Party Clients, of an brand (and the related fundraising page, if applicable) before providing Personal Data or other information in connection with that brand or related fundraising page.
4.6 Legal Requirements.
We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prbrand or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of Users of the Services or the public, or (e) protect against legal liability.
5. How We Store Your Personal Data.
6. How You Can Access, Update, Correct or Delete Your Personal Data.
You can request access to some of your Personal Data being stored by us. You can also ask us to correct, update or delete any inaccurate Personal Data. You may also ask us to delete your Personal Data, subject to the limitations in Section 7. If you are a registered User, you can exercise these rights by logging in and visiting the “My Account” page. Both registered and unregistered Users may also exercise these rights by contacting us directly by email at email@example.com or at the address specified in Section 14 below. We will consider and respond to all requests in accordance with applicable law.
7. How Long We Retain Your Personal Data.
We may retain your Personal Data as long as you are registered to use the Services. You may close your account by contacting us or closing your account on the platform. However, we may retain Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
8. Cookies, Pixels Tags, Local Shared Objects, Web Storage and Similar Technologies.
9. Your Choices.
You have several choices available when it comes to your Personal Data:
9.1 Limit the Personal Data You Provide.
You can browse the Services without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to open an account, or earn or spend rewards, your name and email address will be required.
9.2 Opt Out from Electronic Communications
9.2.1 Moonwalk Marketing Communications
Moonwalk may send you electronic communications marketing or advertising the Services themselves or brands on the Services, to the extent you have registered for the Services or purchased a ticket and/or registration to an brand listed on the Services. You can also “opt out” of receiving these electronic communications by clicking on the “Unsubscribe” link at the bottom of any such electronic communication. In addition, you may also manage your email preferences at any time by logging in (or signing up and then logging in), clicking on “Account” and then “Email Preferences.”
9.2.2 Client Initiated Communications.
Clients may use our email tools to send electronic communications to those on their email subscription lists, including Users who have registered for their brands on the Services in the past. Although these electronic communications are sent through our system, Moonwalk does not determine the content or the recipients of these electronic communications. Clients are required to use our email tools only in accordance with all applicable laws. Moonwalk provides an “Unsubscribe” link on each of these emails, which allows recipients to “opt out” of electronic communications from the particular Client.
9.2.3 Social Notifications.
If you connect your Facebook account or sign up for other social media integrations whose product features include social notifications (i.e., updates on what your friends are doing on the Services), you will receive these social notifications. You can manage these social notifications by toggling your social settings to private or disconnecting such integration.
9.2.4 Transactional or Responsive Communications.
Certain electronic communications from Moonwalk are responsive to your requests. For instance, if you are a User, we must email you your ticket or registration when you purchase such ticket or registration. As a further example, if you email our customer support department, we will return your email. Notwithstanding any unsubscribe election that you have made, you will still receive these emails. You can stop receiving these types of emails only by contacting us. By electing to stop receiving all electronic communications from us or through our system you will no longer receive any updates on brands you have created (including pay-out issues) or on brands you are registered for rewards (including emails). We do not recommend that you do this unless you plan to no longer use the Services, are not currently registered for an brand, are not currently organizing an brand and will have no need to receive further communications from us or through our system.
9.2.5 Opt-Out Options for Third-Party Online Behavioral or Interest-Based Advertising on Websites (including Mobile Websites).
Some of the third parties that collect information from or about you on the Services in order to provide more relevant advertising to you on websites participate in the DAA Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more and to make choices about the use of your information for online behavioral advertising on websites, please see aboutads.info/choices. Please note that if you opt out of online behavioral advertising using this method, this opt-out will only apply to the specific browser or device from which you opt out.
9.3 Do Not Track.
We 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 Personal Data.
10.1 Personal Data Provided to Others.
10.2 Third-Party Links.
10.3 Aggregated Personal Data.
In an ongoing effort to better understand and serve the users of the Services, we often conduct research on our customer demographics, interests and behavior based on Personal Data and other information that we have collected. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and we therefore consider and treat this data as Non-Personal Data.
12. International Privacy Laws.
14. Dispute Resolution.
If you have a complaint about Moonwalk’s privacy practices you should write to us at:
Moonwalk Labs, Inc.
Attn: Privacy Officer
8 Wright St, Suite 107
Westport, CT 06880
or by email to firstname.lastname@example.org. We will take reasonable steps to work with you to attempt to resolve your complaint. Residents of the EEA who believe that their information has not been processed in compliance with the Privacy Shield Principles may raise their complaints in a number of ways.