Privacy Policy

Introduction

This Privacy Notice explains what information MoonClerk LLC (“we,” “us,” or “our”) may collect about you when you use our website or through our service, how such information may be used, and your rights in connection with how it is used.

Collection of Information

Through your use of the website or services, we collect personal information, which is information that identifies you as an individual or relates to you as an identifiable individual. To use our website you do not have to provide personal information. However, if you choose to engage in certain activities on our website or use our services we will need to collect personal information. Below are the types of personal information that we collect:

Information You Provide to Us

When you create an account, you will be required to provide us identifying information such as your business name, your e-mail addresses, your country of location, and your currency preference. We use a third party service provider to process your payments and do not see your full card information. All of this information is required for us to provide the service to you. If you do not provide it we would not be able to provide the service.

Transfer of information to Stripe:

Our service functions alongside your third-party payment processing provider, Stripe. Our service makes it easier for your customers and payers to submit their payment information to Stripe. Any use of that information is governed by your agreement with Stripe and subject to Stripe’s Privacy Policy. We do not see this information when it is being submitted and we do not have any control over the use of this information.

When you contact us: If you provide us contact information to learn more about our Services or choose to send us a message with information about yourself, we will maintain records of your correspondence. We will use the information that identifies you used only to fulfill the stated purpose of your communication. Information you provide to us through feedback, surveys, suggestions etc., without the parts that identify you, will be treated as non-confidential and non-proprietary and we may use it and share it with third parties. Also, please note that comments made to public areas will be visible to the public, so you should never share personal information that you would like to keep private.

When you choose to interact with social media: If you give MoonClerk permission to access certain information in your social media networks, we will receive this information and treat it in accordance with this privacy notice. You can revoke your permissions at any time through your social media account preferences.

Information we collect automatically: We or our third party providers automatically collect the following information through your use of the website and our services:

  • Usage Information: This includes which of the pages on the website or service you access, the frequency of access, and what you click on while on our website. We also collect information about your use of the services, such as frequency of use.
  • Device Information: We collect information about the device you are using, such as hardware model, operating system, application version number, browser, and IP addresses. When you access our services via a browser on your mobile device, we collect mobile network information including telephone number, the unique device identifier assigned to that device, mobile carrier, operating system, and other device attributes.
  • Activity data: This includes information, such as the time of an event, how you came to the services, what search engine and search keywords you may have used to get to the service, pages you visit on the service, your activity on the forum. Your actions with respect to emails we send you such as when you open them and what you click in them.

Cookies and Other Technologies 

We collect information using cookies and other technologies. “Cookies” are small pieces of information that are stored by your web browser software on your computer’s hard drive or temporarily in your computer’s memory. MoonClerk or our third party provider place and store Internet cookies on your hard drive. Cookies can save any of the types of information noted above. Cookies enable us to personalize your viewing experience and display advertising on our website. When you revisit our services, we can recognize you by the cookie and customize your experience. For example, we use cookies to recognize your access privileges to the services, track your usage and traffic patterns, identify you and keep track of your preferences and estimate the audience size. We also use cookies to store usernames and passwords that are supplied at registration. To learn how you can control information collected about you using cookies and other technologies see the Choices About Your Information section of this Policy.

Google Analytics, Kissmetrics, Amplitude: We use tools provided by “Google Analytics”, Kissmetrics and Amplitude to collect some information we listed above about your use of the Services. We use the information we get from these tools to improve the Services. In order to collect this information, Google Analytics, Kissmetrics and Amplitude may set cookies on your browser or mobile device, or read cookies that are already there. Google Analytics may also receive information about you from apps you have downloaded, that partner with Google. We do not combine the information collected through the use of Google Analytics with personally identifiable information. To learn what you can do about how Google Analytics, Kissmetrics and Amplitude use your information see the Choices About Your Information section of this Policy. 

No Collection of Children’s Personal Information

The services are not directed to children under the age of 18.  We do not knowingly collect personal information from children under 18. If you are under 18, please do not use the services and do not provide any personal information to us. If we learn that we collected personal information from an individual under 18, we will delete it.

How We Use Your Information

We use the information we collect about you and information you provide to us about your customers to provide the services, to communicate with you, to provide technical support, and to improve our services and customer relations. We do not sell your information to third parties.

It is your responsibility to disclose clearly, and obtain consent if necessary to our use of your customers’ data for the provision of the service and as described in this notice.

We process your information for the following purposes as necessary to provide the services to you and perform our contract with you:

  • Provide Services: We use your personal information to provide you with the services.
  • Communicate and provide technical support: We use personal information to communicate with you about the website or services, to send you account updates or other communications regarding your account or to inform you of any changes to our website or services, and to provide you support or other services you request. For example, we may need your information to provide technical support or answer questions about our website.

If you consent, we use personal information collected through cookies placed by our third party provider, Adroll, to display advertising on the Moonclerk website. You can opt out of such targeted advertising by emailing us at [email protected].

We process your information for the following purposes as part of our legitimate interest in the improvement and marketing of our services as well in the security of our services. We apply appropriate safeguards to protect your information as described in the Security section of this Policy and the Choices About Your Information section of this Policy.

  • Communicate about new features: We send you notifications about new features or information available on our services or that we feel might be of interest to you. You can opt-out by emailing us at [email protected] or clicking the Unsubscribe link in the email notifications you receive.
  • Maintenance and Improvement: We use personal information to identify your interests and needs in order to provide you with more personalized, relevant, and intelligent services. We also use information that we collect to diagnose any problems with our website and to improve the user experience.
  • Benchmarking: We aggregate personal information for the purpose of research and benchmarking. For example, to calculate the percentage of users in a particular ZIP code.

In our processing of your information, we also share your personal information to defend our rights and those of others, to efficiently maintain our business and to comply with the law as described in the How We Share Personal Information Section of this policy.

How We Share Personal Information

We share your information with our service providers in connection with a business transaction, to prevent harm, to comply with the law and to protect our legal rights. The legal basis for this is our legitimate interest in providing our services, complying with the law, and protecting our rights and those of others. We apply appropriate safeguards for this sharing of your information as described below and in the Security section of this policy, the Choices About Your Information section of this policy, and the Your Rights Under EU Data Protection Law section of this policy.

With Your Consent: Apart from the reasons identified above, we may request your permission to use or share your personal information for a specific purpose. We will notify you and request consent before you provide the personal information or before the personal information you have already provided is shared for such purpose. You may revoke your consent at any time.

Security

Your MoonClerk account information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

The security of your personal information is important to us. We maintain reasonable physical, technical, and administrative security measures to protect and limit access to your personal information. For example, we are PCI DSS compliant and use SSL technology for transfers of information. No method of transmission over the Internet or electronic storage technology is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Choices About Your Information

Access, correct or delete your information: You may access your account to access, correct or delete the information you provided to us and which is associated with your account by logging into your account on the website www.moonclerk.com or by emailing us at [email protected].

In the event that we refuse a request under rights of access, we will provide the individual with a reason as to why. Individuals residing in the EU also have the rights described in the Your Rights Under EU Data Protection Law section of this policy and to complain as described in the Complaints & Inquiries section of this policy

We will retain your information after your account is deleted under the circumstances described in the How Long Do We Keep Your Information? section of this policy.

Online advertising: To opt out of interest-based advertising or to learn more about the use of this information by our Service Providers you can visit the Network Advertising Initiative  or the Digital Advertising Alliance. If you choose to opt out, we will place an “opt-out cookie” on your computer. The “opt-out cookie” is browser specific and device specific and only lasts until cookies are cleared from your browser or device. The opt-out cookie will not work for some cookies that are important to how our websites and mobile apps work (“essential cookies”). If the cookie is removed or deleted, if you upgrade your browser or if you visit us from a different computer, you will need to return to the links above to re-select your preferences.

Cookies: If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. Please note that certain functions of this Website may not function properly if your web browser does not accept cookies. If you choose to opt out, we will place an “opt-out cookie” on your computer. The “opt-out cookie” is browser specific and device specific and only lasts until cookies are cleared from your browser or device. The opt-out cookie will not work for some cookies that are important to how our websites and mobile apps work (“essential cookies”). If the cookie is removed or deleted, if you upgrade your browser or if you visit us from a different computer, you will need to return and update your preferences

Promotional emails: To unsubscribe from promotional emails email us at [email protected] or click the unsubscribe link included in the footer of all of our emails. We will continue to send you notifications necessary for the services related to your e-mail address.

Google Analytics: See http://www.google.com/policies/privacy/partners/ for information about how Google uses the information provided to Google Analytics and how you can control the information provided to Google. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on for Google Analytics which can be found here https://tools.google.com/dlpage/gaoptout.

Choice: You have the right to opt out of (a) disclosures of your Personal Data to third parties not identified at the time of collection or subsequently authorized, and (b) uses of Personal Data for purposes materially different from those disclosed at the time of collection or subsequently authorized.

For EU Individuals: Your Rights under the General Data Protection Regulation

If EU data protection laws apply to our processing of your information, You are entitled by law to rights like accessing, correcting, amending, or deleting personal information about you that we hold. A list of these rights is below. Please note that these rights are not absolute and certain exemptions apply.

If you are an end user of our customer: We have no direct relationship with your customers or end users whose personal data we process. If you are an end user of one of our customers, and you would like to access, amend or delete your data, then you need to contact our customer directly and we will respond within a reasonable period of time to any such request by our customer.

For our customers: You may access your MoonClerk account to access, correct, amend, or delete the information as explained here in this policy.

Your request should contain a detailed, accurate description of the data you want access to. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. In the event that we refuse a request under rights of access, we will provide the individual with a reason as to why.

A list of your rights is below:

  • The right to access: You have the right to ask us for copies of your personal information. This right has some exemptions, which means you may not always receive all the information we process.
  • The right to rectification: You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
  • The right to erasure: You have the right to ask us to erase your personal information in certain circumstances.
  • The right to restrict processing: You have the right to ask us to restrict the processing of your information in certain circumstances.
  • The right to object to processing: You have the right to object to processing if we are able to process your information because the process is in our legitimate interests.
  • The right to data portability: This only applies to information you have given us. You have the right to ask that we transfer the information you gave us from one organization to another, or give it to you.
  • The right to lodge a complaint with the supervisory authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

How Long We Keep Your Information

You can delete your account or request that we delete your account by writing us at [email protected].

We keep your information for as long as necessary to provide the Services to you. We retain your information after you request such deletion for longer periods for specific purposes to the extent that we are obliged or authorized to do so in accordance with applicable laws and regulations and/or as necessary to protect our legal rights or for certain business requirements. To read more about specific reasons we would retain some data for longer periods of time click here:

  • Security, fraud & abuse prevention – i.e. to protect you, other people, and us from fraud, abuse, and unauthorized access.
  • Financial record-keeping – when you make a payment to us we are often required to retain this information for a longer period of time for purposes of accounting, dispute resolution and compliance with tax, anti-money laundering, and other financial regulations.
  • Complying with legal or regulatory requirements – to meet any applicable law, regulation, legal process or enforceable governmental request, as required to enforce our terms of service, including investigation of potential violations
  • Direct communications with us – if you have directly communicated with us, through a customer support channel, feedback form, or a bug report, we may retain reasonable records of those communications.

Even if you delete your account, keep in mind that the deletion by our third party providers may not be immediate and that the deleted information may persist in backup copies for a reasonable period of time. For any privacy or data-protection-related questions, please email [email protected]

Cross-Border Transfers of Information

We process and store information on servers or databases, and use third-party providers that process information in the United States and other countries, your information will be transferred to those locations.

Transfers of Information from the European Economic Area

We will conduct any transfers of personal information from the European Economic Area (EEA), Switzerland, or the United Kingdom to the US in compliance with the  the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to  the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF). We have certified to the Department of Commerce that we adhere to  the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) Principles with respect to such data. If there is any conflict between the policies in this Privacy Notice and data subject rights under the  the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) Principles, the Principles for these aforementioned Data Privacy Frameworks shall govern. To learn more about  the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) program, and to view our certification page, please visit https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction.

With respect to personal data received or transferred pursuant to  the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), MoonClerk is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

If we become subject to an FTC or court order based on non-compliance, MoonClerk shall make public any relevant sections related to  the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) of any compliance or assessment report submitted to the FTC, to the extent consistent with confidentiality requirements.

In certain situations, MoonClerk may be required to disclose personal information in response to lawful requests by public authorities, including in order to meet national security or law enforcement requirements. For more information, please see the How We Share Personal Information section of this policy.

When we receive personal information under the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), and then transfer it to third party services, we are liable for any processing of personal information by such third parties that is inconsistent with  the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) Principles unless we are not responsible for the event giving rise to any alleged damage.

In compliance with  the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), MoonClerk commits to resolve complaints about our collection or use of your personal information. European Union individuals with inquiries or complaints regarding our how we process your information should first contact us at: [email protected]

MoonClerk has further committed to refer unresolved EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Under certain limited circumstances, European Union individuals may invoke binding arbitration per the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as a last resort if all other forms of dispute resolution have been unsuccessful. To learn more about this method of resolution and its availability to you, please visit https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction.

Transfers of Information not from the EEA

The laws in the United States and other locations may not be as protective of your privacy as those in your location. For example, United States law does not provide you with the right to access, modify and delete personal information in all cases. Further, government entities in the United States and other locations may have certain rights to access your personal information. When transferring personal information to and processing personal information in the United States [and such other locations] we will implement appropriate safeguards and process the personal information in accordance with the terms of this Privacy Notice. By using our Websites or our Services, you agree to the transfer and processing of your personal information to the United States and other locations.

Compliance

MoonClerk complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. MoonClerk has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. MoonClerk has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/

Alternative Dispute Resolution

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, MoonClerk commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States, the European Union, the United Kingdom, and/or Switzerland. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution more information or to file a complaint. The services of JAMS are provided at no cost to you.

Changes to Privacy Notice

MoonClerk may change this Privacy Notice from time to time. We will post the changes to this page, and will indicate the date they go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights we will notify you of the changes by posting a prominent notice on our website or using other methods that we select, such as sending you an email.

“Do Not Track”  

The Website is not currently configured to respond to Do Not Track signals sent by Internet browsers.

Complaints & Inquiries

If you have any questions or comments about this Privacy Notice, please contact us by email at [email protected].

Last updated: September 12, 2018

Effective date: September 12, 2018