Moogsoft Privacy Policy

Updated as of February 2023

1. About Moogsoft

Moogsoft Inc. (“Moogsoft”) is a Delaware corporation with an address of 1160 Battery Street East, 1st Floor, San Francisco, CA, 94111, USA. Full company details of Moogsoft and its affiliates that may process your data can be found on the “Contact Us” page of our website, and information about third-party sub-processors that may process your data can be found on the “Sub-Processors” page of our website.

2. About this Privacy Policy

Moogsoft and our affiliates (“we”, “us”, or “our”) are committed to protecting and respecting your personal information and privacy. This policy (together with our website terms of use and any other documents referred to in this policy) describes what information we may collect from you or that you may provide to us, and how we may receive, store, process, disclose and otherwise use this information. Such information may be collected or provided when you communicate with us or use our websites or any of our products (including their various interfaces, i.e. mobile apps or otherwise). Please read the following carefully to understand how we collect and use your information. If you have any questions about this policy or our use of your information, you can contact us at privacy@moogsoft.com. When you use our websites or products, you consent to our collection, storing and use of information about you as described in this policy, except to the extent prohibited by applicable law or if a different policy or terms are expressly stated to apply instead. We may, in our sole and absolute discretion, make changes and updates to this policy from time-to-time by updating this page. Please check back regularly to see any updates or changes to this policy. You acknowledge that your continued use of our websites or products, and/or continued provision of information to Moogsoft, after we publish an update to this policy will be considered acceptance of any changes reflected in such update.

3. Where We Store Your Information

As an organization with global operations, the information that we collect from you may be transferred to, and stored at, a destination located in a jurisdiction other than the one in which the information was collected (information is frequently transferred to the United States because that is where our primary operations are located). If you are accessing our website from outside the United States, please be aware that your personal information may be transferred to, stored, and processed in the United States, and that the data protection laws of the United States may not be equivalent or as comprehensive as the data protection laws as those in your country.
Your information may also be processed by our personnel at any of our locations around the world, or by the personnel of our contractors or other suppliers at any of their locations around the world. Such personnel 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.

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 websites, by subscribing to our services or communications (such as newsletters or email updates), 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 help desk, participate in a promotion or survey, and when you report a problem or submit an inquiry on our website.

(b) Information collected when you use our website or products: When you use our websites or products, we may collect the following types of information:

(i) Device information:We may collect information about the device, including but not limited to the device’s unique identifiers, operating system, browser type and version, data related to browser plug-ins, network information, Internet protocol (“IP”) address used to connect your device to the Internet, and other technical information;

(ii) Location information: We may collect information about your geographic location, or information which may allow us to identify your geographic location (i.e., IP addresses, time zone settings, etc.). 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;

(iii) Application, Log-in and Visit Information: We may collect information related to when you install or uninstall an application, when a service searches for automatic updates, or when you log in to our websites or products, as well as information about visits to our websites or web-based offerings such as 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. We may also collect any phone number used to call our customer service number; and

(iv) Product Use Information: If you use our products, we may collect metrics on your activities, such as details of when and for how long you are using the products, 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, devices used (including unique device identifiers, operating system, browser type and mobile network information) and alerts processed. 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 technologies, as well as their components (transactions, code libraries) and the related infrastructure (nodes, tiers) that service those components.

(c) 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 or social media networks), such third-party platform will provide us with access to certain information from your account on such platform, 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.

6. Cookies

Our websites use cookies and similar technologies to automatically collect certain information. Not all such information is personal or otherwise distinguishes you from other users of our websites, and some cookies are necessary to use particular functionalities of our websites. Cookies help us to provide you with a smooth and personalized user experience when you use our websites, and also allow us to improve our websites and better understand users and how they interact with our websites. For detailed information on the cookies we use and what we use them for, see the Moogsoft Cookie Policy.

7. How We Use Your Information

We may use the information held about you, as permitted by law, for the following business purposes:

(a) carry out our obligations arising from any contracts entered into between you or your organization and us, and to provide you with the information, products and services that you or your organization request from us;

(b) provide you or your organization with information about other products and services we offer;

(d) notify you or your organization about changes to our company, products or services, and changes to our terms and conditions;

(e) ensure that relevant content from our websites is presented in the most effective manner for you, your organization and the devices being used;

(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, your organization and the devices being used;

(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 or your organization 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, or permit selected third parties to provide, you or your organization 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 privacy@moogsoft.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 aggregated, anonymized 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 and anonymized 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 legitimate business purposes.
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 or your organization. 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 or your organization. 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:

(i) 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;

(ii) 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

(iii) 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.

11. Security

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, or data storage servers or other locations, are 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 sensitive or personal information to us. We ask that you not send us, and you not disclose, any sensitive or personal information to us directly or through our products (including, but not limited to, 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, driver’s 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), unless specifically requested by authorized personnel.

12. Your Rights

Subject to applicable law, you can request to review, change, or delete your personal information by contacting us at privacy@moogsoft.com.

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 privacy@moogsoft.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, to safeguard our business, to satisfy legal requirements. 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.

14. Children

We do not knowingly collect personal information from children under the age of 18. If you are under the age of 18, please do not use or 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 use or provide personal information through our websites or products. If you have reason to believe that a child under the age of 18 has provided personal information to us through our websites or products, please contact us immediately at privacy@moogsoft.com, and we will endeavor to delete that information from our databases as soon as reasonably practicable.

15. Additional Information for European Union Users

Personal information

References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation. Moogsoft is the processor of your personal information for purposes of European data protection legislation.

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 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:
1. 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;
2. to detect and prevent fraud;
3. to protect and defend the rights or property of others, or our own rights and interests;
4. to track your activities on the website, provided you have not opted out of such data processing.
5. to track your activities while using the products to improve and facilitate our provision of products.

More information about some of the web analytics and advertising solutions used on the website and in our products can be found on the sub-processors list located on the Legal page of our website.

3. 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.

4. Based on your prior consent – for placing cookies on your device (subject to certain exceptions) or sending marketing communications to you. Detailed information on our use of cookies and our marketing communications to you are set forth in this privacy policy and the cookie policy referred to herein.

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

We may use your personal information for reasons not described in this policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will use reasonable endeavors to notify you and explain the applicable legal basis.

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 are explicitly consenting to our processing of your personal data for this purpose.

You are under no obligation to provide such consent. If you choose to do so, 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, or by sending us an email at privacy@moogsoft.com.

Retention

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.

Your rights

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 privacy@moogsoft.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

Depending on where you are located and/or live, you may exercise certain data privacy rights, and Moogsoft will facilitate the exercise of those rights.

If you are a resident of California or any state with similar laws, the following provides additional details about the additional rights you may have regarding our use of your Personal Information under the California Consumer Privacy Act and/or the California Privacy Rights Act, or the similar laws of other states.:

Access to Specific Information and Data Portability Rights

Subject to certain limitations, you have the right to request: (i) that we provide you access to details on the categories or specific pieces of personal information we collect and/or sell (including how we use and disclose this information, to whom we may sell it); (ii) that we delete any of your personal information; (iii) that we correct any inaccuracies in your personal information; (iv) to opt out of any “sale” or “sharing” of your personal information that may occur, including sensitive personal information; (v) to not be discriminated against for exercising any of the above rights; and (vi) to opt out of the sale or sharing of your personal information, including for the purpose of cross-context behavioral advertising.

Please note that Moogsoft does not request or automatically collect sensitive or personal information other than account login and password from its users.

If you would like to submit a request to exercise your privacy rights, you may do so by email to privacy@moogsoft.com, or by completing a Personal Information Request form. We will verify your request using information associated with your account, including your email. Further identification may be required. You may also designate an authorized agent to act on your behalf. Please note that Moogsoft may retain a record of your request to delete your personal information.

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 may offer 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 privacy@moogsoft.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.

19. Contact

Questions, comments and requests regarding this policy are welcomed and should be addressed to privacy@moogsoft.com. Please provide your full name and email address, and a complete explanation of your concern.