mole® - video streaming community

MOLE User App Privacy Policy

(March 1, 2020)

PLEASE READ THIS MOLE USER APP PRIVACY POLICY (“PRIVACY POLICY”), WHICH IS PART OF THE MOLE TERMS OF USE (“TERMS OF USE”), CAREFULLY. ANY TERMS DEFINED IN THE TERMS OF USE SHALL HAVE THE SAME MEANING IN THIS PRIVACY POLICY. THIS PRIVACY POLICY PERTAINS TO YOUR ACCESSING, DOWNLOADING, OR USING THE USER APP (THE “APP”), INCLUDING ALL CONTENT AVAILABLE THROUGH THE APP.

The App is operated by Molebility Corp. (“We”). This Privacy Policy describes the information collected during registration for and through Your use of the App, how We use it, how We share it, how We protect it, and the choices You can make about Your information.

ATTENTION: PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE ACCESSING, DOWNLOADING, OR USING THE APP. ACCESSING, DOWNLOADING, OR USING THE APP INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THIS PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT ACCESS, DOWNLOAD, OR USE THE APP. You acknowledge (a) that You have read and understood this Privacy Policy; and (b) for users outside the European Union (EU), this Privacy Policy shall have the same force and effect as a signed agreement.

In order to provide the App, We and share personal information We collect from You. We agreed to give You notice of the use of Your data by Us and will cooperate in responding to users of the App if they approach Us in connection with their legal rights in relation to their personal data.

Unless explicitly stated otherwise, any new features that augment or enhance the current App shall be subject to this Privacy Policy.

Please review the Privacy Policy each time You use the App. BY USING THE APP, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE PRIVACY POLICY. If We materially change this Privacy Policy, We will let You know by showing it to You again when You access the App (via inclusion in our next App update that is submitted to the Apple and Google mobile applications platforms), or by sending an email notifying You of the changes to the email address We have on file for You.

I. Information We Collect

We collect information from You when You register and use the App, post User Submissions, pay for services, contact or interact with us, fill out a form, and voluntarily provide us with Your comments and other content in connection with using the App.

When You register to use the App, We may collect Your location, telephone number, email address, country, and any other information that You provide in registering for or using the App.

When You use the App, We may collect Your nickname, Your location, information regarding Your requests, Your reports regarding app issues and Your Internet Protocol (IP) address. We may additionally access any other information, such as comments, feedback or content, You voluntarily provide (including through use of Your camera, location, and photos).

We may collect information about You from third-party sources.

· Google Maps. Google Maps is integrated with the App, and We may receive Your personal information from Google in connection with Your use of the App, including search terms, IP address, and latitude/longitude coordinates. See https://policies.google.com/privacy?hl=en&gl=us for Google’s privacy policy.

· Stripe. We use Stripe to collect payments. Any credit card information You provide through the App may be stored by Stripe, processed offsite, transmitted through encrypted channels, and subject to Stripe’s privacy policy, including in the case of breach. If You choose to make a payment via credit card, You may be asked to provide Your credit card information to Stripe. For Stripe’s privacy policy, visit https://stripe.com/privacy.

· Twilio. Twilio is a communications company that MOLE uses to facilitate text messaging and other communication services between Operators and End Users for account verification or alert purposes. These relate to messages providing verification codes. Further information related to the Twilio platform, including how messages are sent, is available through Twilio’s website. In using our App, Twilio may collect information about Your communications. For more information on how Twilio collects Your data, please visit https://www.twilio.com/legal/privacy, https://www.twilio.com/legal/privacy/developer, and https://www.twilio.com/legal/tos_our_use.

· PayPal. PayPal is a payment provider that MOLE uses to disburse payments. If you choose to use PayPal within MOLE, you will be directed to provide your payment information directly to PayPal. PayPal’s privacy policy applies to the information you provide to PayPal and can be accessed here: https://www.paypal.com/us/webapps/mpp/ua/legalhub-full.

We may combine all of the information We collect from or about You, and use it in the manner described in this Privacy Policy.

II. How We Use Your Information

We may use the information that We collect for several purposes, including:

· The purposes for which You provided it, including to locate, request, create navigate tunnels;

· To provide services to You (including, but not limited to, sending an SMS message or other notification to provide verification codes);

· To create or add to Your user profile or registered account;

· To process and respond to Your inquiries and comments;

· To send You information about Your relationship or transactions with us;

· To develop new products and services;

· To personalize and enhance Your experience using the App;

· To send periodic emails. The email address You provide may be used to send You information and updates pertaining to Your account, in addition to occasional company news, updates, related product or service information, etc. Note: If at any time You would like to unsubscribe from receiving future emails, We include detailed unsubscribe instructions at the bottom of each email;

· To generate and review reports and data about user bases and service usage patterns;

· To compile aggregate data for internal and external business purposes, including compiling data regarding ride length and user demographics for use in marketing to other Operators;

· To process payment transactions (Your information will be used to submit Your payment information to our payment processors);

· To display relevant advertising;

· To prevent fraud and abuse of the App and to otherwise protect users and visitors and our business;

· To comply with governmental regulations, where applicable;

· To assist law enforcement and respond to subpoenas; and

· To perform other business activities as needed, or as described elsewhere in this Privacy Policy.

· As explained elsewhere in this Privacy Policy, personal information We collect may be processed by our partners in providing related services to the App (such as administration services, technical services relating to the maintenance, servicing, and upgrading of software, hosting services, credit card processing services, customer service, data migration services, and analytical services, among others).

Please note that You may choose not to allow us to use Your personal information for certain purposes, as described in the “Your Choices Regarding Your Information” section below.

III. Legal Bases for Processing Your Information (For Users in EU)

A. Performance of a Contract

The use of Your personal information may be necessary to perform the agreement You have with us to provide products and services, for example, to complete Your registration, to enable Your ability to locate, unlock, access, operate, and return mobility assets, and to respond to Your requests.

B. Legitimate Interests

We may use Your personal information for our legitimate interests. We rely on our legitimate interest to deliver our services to our users, to administer, analyze, and improve our services and the content on the App, to operate our business, including through the use of service providers and subcontractors (who may have access to Your data – see further information under the section “How Your Information is Disclosed”), to send You notifications about our services, and to archive, keep records, and perform statistical and analytical activities. We may also use Your personal information for administrative, fraud detection, audit, training, security, or legal purposes.

C. Consent

Prior to accessing this App and providing Your personal data, You may have provided Your informed consent to the collection and use of certain personal data. Insofar as other legal bases referred to in this Section III for the processing of Your personal information do not apply, We may rely on Your consent as the legal basis for processing. You are free to withdraw Your consent at any time. See also the “Your Choices Regarding Your Information” section below.

D. Compliance with Legal Obligations

We may use Your personal information to comply with legal obligations to which We are subject, including to comply with legal process.

E. Performance of a Task Carried Out in the Public Interest

We may use Your personal information to perform a task in the public interest.

IV. How Your Information is Disclosed

Information may be disclosed to third parties in accordance with our Privacy Policy. Please note that a user may choose not to share certain information as described in “Your Choices Regarding Your Information” below.

A. Third Party Service Providers and Business Partners. We may use third-party service providers and business partners to perform functions in connection with the App, such as processing credit cards and other payments, communications, analytics and functions related to analyzing and improving the App usefulness, reliability, user experience, and operation, advertising, storing data, securing data, hosting data, migrating data, providing products and services, and as otherwise described in this Privacy Policy. We also may share users’ personal information with advertisers for their direct marketing and promotional purposes, and so they can provide services to You (where legally required, subject to Your express consent). Additionally, We may share Your information with Apple and Google in their capacities as mobile application platforms, to be used in accordance with their respective privacy policies.

· Google Maps. Google Maps is integrated with the App, and Google may receive Your personal information in connection with Your use of the App, including search terms, IP address, and latitude/longitude coordinates. See https://policies.google.com/privacy?hl=en&gl=us for Google’s privacy policy.

B. Payment Processing. Any payment information You provide through the App may be shared with and may be stored by our credit card processor, Stripe, and is subject to its privacy policy, including in the case of data breach. You may review Stripe’s privacy policy at https://stripe.com/privacy.

C. Advertisers. We may share Your information with advertisers on the App for use in their advertising and marketing.

D. Business Changes. If We become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all or substantially all of our business otherwise changes, We may transfer Your information to a third party or parties in connection therewith.

E. Affiliates. We may also share Your information with our affiliates for purposes consistent with this Privacy Policy. Our affiliates will be required to maintain that information in accordance with this Privacy Policy.

F. Investigations and Law. We may disclose information about You to third parties if We believe that such disclosure is necessary to:

Investigate fraud and abuse on the App;

Take action regarding suspected illegal activities;

Enforce or apply this Privacy Policy or other agreements with us;

Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;

Protect our rights, reputation, safety, and property, or that of users or others;

Respond to claims and legal process (for example, subpoenas); and/orProtect against legal liability.

G. Aggregated Information. We may share aggregated information relating to users of the App with affiliated or unaffiliated third parties. This aggregated information does not contain personal information about any user.

V. Cookies, Local Storage, and Other Tracking Technologies

Cookies, understood within this Privacy Policy to mean both traditional cookies and other types of tracking technologies that provide “cookie-equivalent functionality,” such as software development kits, device identifiers, and statistical IDs, are small text files or pieces of code that enable the App to capture and remember certain information. You can instruct Your device to stop accepting cookies. But, if You do not accept cookies, You may not be able to use all portions of all functionality of the App.

Persistent cookies remain on the visitor’s device until they have either been deleted or expire.

Session cookies disappear from the visitor’s device when they close the App.

Flash cookies (also known as local shared objects) are data files that can be created on Your device by the websites or apps You visit, and are a way for websites or apps to store information for later use. Flash cookies are stored in different parts of Your device from ordinary browser cookies. You can disable the storage of flash cookies. For additional information about managing and disabling flash cookies, please visit https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.

Web beacons are small strings of code that provide a method for delivering a graphic image for the purpose of transferring data. You can disable the ability of web beacons to capture information by blocking cookies.

We use cookies and other tracking technologies to help us understand and save Your preferences and interests, so We can personalize Your future visits and compile aggregate data about App traffic and App interaction to offer better App experiences and tools in the future.

We may deliver advertisements to You. We may work with third-party advertising companies that help deliver these advertisements to You. To learn more about third-party online advertising and to opt out of certain types of advertising, please see http://optout.networkadvertising.org/?c=1. Note that clearing cookies from Your device will remove the above opt-outs because they are stored in cookies.

Some of our business partners, such as our payment processors, also use tracking technologies on the App, some of which may track users across online services and over time.

VI. Security

We implement a variety of security measures to protect the safety of Your personal information when You enter, submit, or access Your personal information. Please keep Your account password secure to help ensure the safety of Your personal information.

While We take reasonable measures to protect the information You submit via the App against loss, theft, and unauthorized use, disclosure, or modification, We cannot guarantee its absolute security. No Internet, email, or mobile application transmission is ever fully secure or error free. Email or other messages sent through the App may not be secure. You should use caution whenever submitting information through the App and take special care in deciding with which information You provide us.

We cannot guarantee that transmissions of Your credit or debit card or personal information will be fully secure, and that third parties will never be able to defeat our security measures or the security measures of our payment processors. WE ASSUME NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD-PARTY ACCESS, OR CAUSES BEYOND OUR CONTROL.

VII. Data Retention Policy, Managing Your Information

We will retain Your information for as long as You use the App and for a reasonable time thereafter. We may retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, and/or for the period required by laws in applicable jurisdictions. Please note that some or all of the information We have collected may be required in order for the App to function properly.

VIII. Links to Other Websites or Applications

This Privacy Policy applies only to the App. The App may contain links to other websites or apps, or may forward users to other websites or apps, that We may not own or operate. The links from the App do not imply that We endorse or have reviewed these websites or apps. The policies and procedures We describe here do not apply to these websites or apps. We neither can control nor are responsible for the privacy practices or content of these websites or apps. We suggest contacting these website or app providers directly for information on their privacy policies. Nonetheless, We seek to protect the integrity of our App, and welcome any feedback about these linked websites and mobile applications.

IX. Your Choices Regarding Your Information

You have choices regarding the use of information by the App.

· Changing Your Information – You may request to review, update, or have deleted any personal information collected from You through the App. Just send us an email asking to review or update Your personal information, or to have us delete Your personal information. However, We reserve the right to retain personal information as necessary for our business purposes, and to comply with laws. To change Your information, You may log in to Your account’s control panel and go to the settings page. If You are unable to log into Your account, please contact us at help@mole.to.

· Closing Your Account – You may close Your account by contacting us at help@mole.to. If the email address or telephone number associated with Your account is not active, We may close Your account without notice.

· Withdrawing Consent - If You are an individual residing in the EU, and You provided Your consent for any particular processing of Your personal information, You have the right to withdraw Your consent to our processing of Your information at any time. You may also request that Your personal information be deleted. See further information under the section “EU Privacy Rights” below. This deletion is permanent and Your information cannot be reinstated. To proceed with this request, please email help@mole.to.

· Opt-Outs Available from Our Partners - Some of our partners allow users to opt out of their collection of information. Some of our partners provide information on controlling cookies. For more information, You may visit the Network Advertising Initiative’s Consumer Opt-Out Link and/or the Digital Advertising Alliance’s Consumer Opt-Out Link to opt out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, You can visit the Google Ads Settings page. Please note that, to the extent advertising technology is integrated into the App, You may still receive advertisements even if You opt out of tailored advertising. In that case, the ads will just not be tailored to Your interests. Also, We do not control any of the opt-out links above and are not responsible for any choices You make using these mechanisms, or the continued availability or accuracy of these mechanisms.

X. EU Privacy Rights

In order to provide the App, We and the local Operators of mobility asset sharing businesses share personal information We collect from You. Under our agreement with the local Operator, We agreed to give You notice of the use of Your data by us and by the local Operator. We also agreed with the local Operator that each of the parties will cooperate with the other in responding to users of the App if they approach one of the parties in connection with their legal rights in relation to their personal data.

Users based in the EU have the following legal rights with respect to their information:

· The right to require MOLE to confirm whether or not their information is being processed, the purpose of any such processing, the recipients of any information that has been disclosed, the period for which their information is to be stored, and whether any automated decision-making processes are used in relation to their information;

· The right to require MOLE to rectify inaccurate information without undue delay;

· The right to request the erasure of their information. Subject to certain conditions, MOLE may be required to erase the information in response to such request where:

the information is no longer necessary in relation to the purpose for which it was collected, such as where a user chooses to terminate his or her use of the App;

where the processing of the information is based on the user’s consent (and the other circumstances described in the “Legal Bases for Processing Your Information” and “How Your information is Disclosed” sections above no longer apply), if the user withdraws his or her consent; or the user objects to the processing of his or her information and there are no overriding legitimate grounds for the processing.

· Where MOLE has disclosed the information of an EU user to a third party and the user requests the erasure or rectification of the data, MOLE will take all reasonable steps to inform the third party of such request.

· The right to restrict MOLE from processing their information in certain circumstances, such as where the accuracy of that information is disputed or an objection has been raised (see below). In such circumstances, MOLE will only process that information with the express consent of the user, or for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest;

· The right to receive their information from MOLE in a structured, commonly-used and machine-readable format;

· The right to object to the processing of their information by MOLE where:

MOLE has relied on the “legitimate interest” basis for processing that information, in which case We will immediately stop processing the user’s information unless We have compelling legitimate grounds which override the interests, rights, and freedoms of the user; or

the information is used for direct marketing purposes, in which case We will immediately stop processing the user’s information for such purposes.

· The right to lodge a complaint with the data protection supervisory authority of the EU member state where the user resides.

· The above legal rights are subject to various conditions and exceptions, including where the data is used for statistical or scientific research purposes, and the exercise of the right would prevent such purposes from being attained or would seriously impair their attainment.

XI. Information Collected From Other Websites and Mobile Applications, and Do Not Track Policy

Through cookies We place on Your browser or device, We and our marketing partners may collect information about Your online activity after You leave the App. Just like any other usage information We collect, this information allows us to improve the App and customize Your online experience, and otherwise as described in this Privacy Policy. Your browser may offer You a “Do Not Track” option, which allows You to signal to operators of websites and mobile applications and services (including behavioral advertising services) that You do not wish such operators to track certain of Your online activities over time and/or across different websites and mobile applications and services. The App does not support Do Not Track requests at this time, which means that We collect information about Your online activity both while You are using the App and after you leave the App.

XII. Children

We do not knowingly collect personal information from an individual under age 18. If You are under the age of 18, please do not submit any personal information through the App. If You have reason to believe that We may have accidentally received personal information from an individual under age 18, please contact us immediately at help@mole.to.

XIII. Terms and Conditions

Please also visit the MOLE Terms of Use at Rental Agreement, which state the terms, disclaimers, and limitations of liability governing Your use of the App.

XIV. Changes to Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time and from time to time. Please review this Privacy Policy periodically, and especially before You provide any information. This Privacy Policy was made effective on the date indicated above.

XV. How to Contact Us

Please feel free to contact us by email at help@mole.to, or by writing us at 1190 Stirling Rd., Dania Beach, FL 33004, USA, if You have any questions about this Privacy Policy.

XVI. Your California Privacy Rights

The California Consumer Privacy Act or “CCPA” applies to individuals residing in California and permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes, and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year.

If you reside in California, you have the right to request to know and access to the specific pieces and categories of personal information we have collected about you in the past year, the categories of sources of that information, the business or commercial purposes for collecting the information, the categories of third parties with whom we share your personal information, the categories of personal information we have shared about you in the past year, and the categories of third parties with whom we shared your personal information in the past year.

Individuals residing in California may make a rights request by emailing us at help@mole.to or writing us at 1190 Stirling Rd., Dania Beach, FL 3304, USA.. You will need to verify your identity and your request before further action is taken.

XVII. Your Nevada Privacy Rights

Senate Bill No. 220 (May 29, 2019) amends Chapter 603A of the Nevada Revised Statutes to permit a Nevada consumer to direct an operator of an Internet website or online service to refrain from making any sale of any covered information the operator has collected or will collect about that consumer. You may submit a request pursuant to this directive by emailing us at help@mole.to. We will provide further information about how We verify the authenticity of the request and Your identity.