Last Updated: June 2nd, 2022
MoonDAO™ Website Privacy Policy
Summary
Thank you for visiting the MoonDAO™ website located at www.moondao.com (the “Site”). The Site is an Internet property of MoonDAO DAO LLC d/b/a MoonDAO (“MoonDAO™,” “we,” “our” or “us”). The following MoonDAO™ Website Privacy Policy (“Privacy Policy”) sets forth the Site’s policy with respect to the collection, storage and use of Personal Data (as defined below). For purposes of this Privacy Policy, “Personal Data” means any information concerning the personal or material circumstances of an identified or identifiable individual. This includes information such as your name, your mailing address, your phone number and your email address. Capitalized terms not defined herein shall have the meanings set forth in the MoonDAO™ Terms of Service (“Terms”).
Background
This Privacy Policy covers our treatment of Personal Data and other information that we collect when an end-user visitor to the Site (“user,” “you” or “your”): (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to third-party resources and other information (“Third-Party Links”); and/or (ii) videos, audio, stories, material, text, photographs, graphics, artwork, information and/or other content featured on the Site, as made available by MoonDAO™ (the “Site Content,” and together with the Third-Party Links, the “Content”); (c) purchases or otherwise obtains one of the unique non-fungible tokens (“NFT”) featured on the Site (collectively, “MoonDAO™ NFTs”), including the Ticket To Space NFTs; (d) purchases or otherwise obtains, including in exchange for services provided to MoonDAO™ (“Contribution Services”), one (1) or more $MOONEY™ governance tokens (“$MOONEY™ Tokens”) which enable holders (“Token Holders”) to participate in the governance of MoonDAO™ by having the right to vote (“DAO Vote”) their respective number of $MOONEY™ Tokens on MoonDAO™-related issues (“Governance Issues”); (e) accesses any of the promotional offers (“Community Promotions”) made available exclusively to Token Holders and/or individuals who have joined the MoonDAO™ “Moonlist” (“Moonlist Members”), pursuant to the applicable Community Promotion Rules; (f) accesses certain interactive features, group chats, message boards and comments sections including, but not limited to, those associated with DAO Votes and Governance Issues (collectively, “Interactive Services”); (g) accesses certain products and/or services made available exclusively to Token Holders and/or Moonlist Members (“Community Product Offers”); (h) registers to enter one or more of the promotional sweepstakes featured on the Site from time-to-time (collectively, the “Contests”) including, without limitation, the Ticket To Space Sweepstakes; (i) accesses one of MoonDAO’s™ social media pages/accounts on third party social media websites (“Social Media Websites”), such as Discord®, GitHub® and Twitter®* (collectively, “Social Media Pages”); and/or (j) utilizes the available registration forms, contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, MoonDAO™ (collectively, “Contact Services,” and together with the Site, Content, MoonDAO™ NFTs, Contribution Services, $MOONEY™ Tokens, DAO Votes, Governance Issues, Community Promotions, Interactive Services, Community Product Offers, Contests and Social Media Pages, the “MoonDAO™ Offerings”).
IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE MOONDAO™ OFFERINGS.
Discord® is a registered trademark of Discord Inc. (“Discord”). GitHub® is a registered trademark of GitHub Inc. (“GitHub”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that MoonDAO™ is not in any way affiliated with Discord, GitHub or Twitter, and the MoonDAO™ Offerings are not endorsed, administered or sponsored by Discord, GitHub or Twitter.
Additional Rights Applicable to Residents of the European Union and United Kingdom; Data Controller; EU and UK Representatives
Please note, MoonDAO™ is considered the “Data Controller” in connection with the Personal Data collected pursuant to this Privacy Policy for purposes of applicable data protection laws, including the European Union’s (“EU”) General Data Protection Regulation (“GDPR”) and the United Kingdom General Data Protection Regulation (“UK GDPR”). Our Data Protection Officer may be contacted at info@moondao.com.
This Privacy Policy is intended to comply with the GDPR and UK GDPR. If you are a resident of the EU or UK, you have the following rights, subject to certain limitations and exceptions imposed by the GDPR and UK GDPR, respectively:
- Right to Access – this is the right to request copies, in a machine readable format, of those portions of your Personal Data that we have collected.
- Right to Correct – this is the right to have Personal Data in our possession or control corrected if it is accurate or incomplete.
- Right to Erasure – this is the right to ask us to delete or remove your Personal Data from our systems.
- Right to Restrict Use – this is your right to block us from using, or to limit the ways we can use, your Personal Data.
- Right to Data Portability – this is your right to request that certain of your Personal Data be transferred to a different provider.
- Right to Object – this is your right to object to our use of your Personal Data, including when we use it for our legitimate interests, including for marketing purposes.
We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.
Please be advised that deleting your Personal Data may terminate your access to certain of the MoonDAO™ Offerings (as defined below). If you wish to continue using the full complement of MoonDAO™ Offerings, you may not be able to delete all of the Personal Data that we have on file for you.
Please be further advised that, after you delete your Personal Data, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
If you have questions relating to the above rights, you can contact us at: info@moondao.com.
If you are not satisfied with how we have responded to any request that you submit to us regarding the above rights, you may be able to raise your complaint with the Data Protection Authority in your jurisdiction. You can find your national Data Protection Authority here.
If you are located in the United Kingdom or the EU, you may contact Achieved Compliance Advocacy, our appointed representative in the UK and the EU, at the following addresses:
EU
By email: TBD
By mail: TBD
UK
By TBD
By mail: TBD
Please be advised that our EU representative is TBD, who can be contacted at TBD.
Legal Basis
We collect Personal Data that you provide to us, e.g., if you email our customer service department, to fulfill your request to receive additional information or for the purpose of handling the contractual relationship that you have with MoonDAO™. We only use and store your Personal Data if we have a legal basis for doing so, including where you have given us your express consent, where we have a legitimate business interest, or pursuant to the contractual relationship that exists between you and MoonDAO™.
Generally Applicable Privacy Policy Provisions
Opt-Out/Unsubscribe
To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: info@moondao.com.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for MoonDAO™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving MoonDAO™ Offerings-related and/or inquiry response-related messages from MoonDAO™, you must cease requesting and/or utilizing the MoonDAO™ Offerings and/or cease submitting inquiries to MoonDAO™, as applicable.
Your California Privacy Rights
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: info@moondao.com; call us at: 1-(734)-846-2638.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please e-mail us at: info@moondao.com; call us at: 1-(734)-846-2638
Your Nevada Privacy Rights
If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please e-mail us at: info@moondao.com; call us at: 1-(734)-846-2638.
Personal Data Collected
In order to obtain access to the MoonDAO™ Offerings including, without limitation, participating in a Promotion, becoming a Moonlist Member, acquiring $MOONEY™ Tokens and/or acquiring a MoonDAO™ NFT, you may be required to first submit the applicable registration form to MoonDAO™ for review and approval (“Form”). The Personal Data that you must supply on the Form may include, without limitation, some or all of the following: (a) your Wallet ID (where you attempt to join the Moonlist, obtain $MOONEY™ Tokens and/or obtain a MoonDAO™ NFT); (b) your Discord® handle (where you attempt to join the Moonlist); (c) your Twitter® handle (where you attempt to join the Moonlist); (d) your Social Security Number (where you are a potential prize winner in a Promotion); (e) your picture proof of identification (“Photo ID”), which may include a driver’s license, passport, voting card or similar government issued identification (where you attempt to join the Moonlist and/or are a potential prize winner in a Promotion); and/or (f) any other information requested on the applicable Form.
For purposes of this Privacy Policy, items (d) and (e) above shall be treated as Sensitive Information.
Please note, where you purchase a MOONEY™ Token and/or MoonDAO™ NFT via a secondary market, such as OpenSea®, such secondary market may collect certain Personal Data from you in connection with the transactions undertaken thereby.
OpenSea® is a registered trademark of Ozone Networks, Inc. (“OpenSea”). Please be advised that MoonDAO™ is not in any way affiliated with OpenSea, and the MoonDAO™ Offerings are not endorsed, administered or sponsored by Coinbase or MetaMask.
Data Retention
We will retain your Personal Data only for as long as we continue to have a business need to do so unless a longer period is required by law. Such business needs may include handling the contractual relationship that you have with MoonDAO™, legal, taxation, accounting, risk management and other business purposes.
Use and Sharing of Personal Data
MoonDAO™ will never share, sell, rent, exchange or barter your Personal Data to or with any third party for financial gain or marketing purposes. MoonDAO™ may use your Personal Data to send you promotional messages regarding various MoonDAO™ products and/or services. Other than as set forth in the preceding sentence, MoonDAO™ will never use your Personal Data for marketing purposes of any kind.
Where you submit Personal Data, we use the Personal Data that you make available to personalize your experience with the Site and to facilitate the provision of the applicable MoonDAO™ Offerings to you, including in connection with customer service and to otherwise respond to any inquiries made by you.
We may also employ other companies and individuals to perform certain functions on our behalf. The agents performing these limited functions on our behalf may have access to our users’ Personal Data as needed to perform these functions for us, but we do not permit them to use user Personal Data for other purposes.
Without limiting the foregoing, we use a third-party service provider, Verisoul, to conduct Moonlist Membership verification. In connection with the foregoing, Verisoul may gain access to your Discord® handle, Twitter® handle and Photo ID for the sole and exclusive purpose of facilitating your registration as a Moonlist Member. We do not permit Verisoul to use that Personal Data for any other purposes.
We may also use your Personal Data for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the MoonDAO™ Offerings.
We also reserve the right to release current or past users’ information in the event that we believe that the user is using, or has used, the MoonDAO™ Offerings (including Sensitive Information): (a) in violation of the Terms, this Privacy Policy or any other of our operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published by us from time to time; (b) to commit unlawful acts; (c) if such information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; (d) if we are sold, merge with a third-party or are acquired by a third-party (collectively, “M&A Transactions”) (including where we share your personal information in connection with the due diligence process associated with a potential M&A Transaction); (e) if we are the subject of bankruptcy proceedings; provided, however, that if MoonDAO™ is involved in a bankruptcy proceeding and/or M&A Transaction, you will be notified via e-mail and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information; and/or (f) when we deem it necessary or appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission implementing regulations.
Automatically Collected Personal Data; Non-Personal Data Collection and Use
IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider. We use the non-personally identifiable information that we collect to improve the design and content of the MoonDAO™ Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the MoonDAO™ Offerings.
Cookies A cookie (“Cookie”) is a piece of data stored on your hard drive containing non-personally identifiable information about you. To find out more about Cookies, please visit www.cookiecentral.com. We do not use Cookies on the Site.
Cookies are generally divided into the following categories:
\1. Essential Cookies: Essential Cookies are Cookies that are required for the operation of our Site, such as Cookies that enable you to log into secure areas. The Site does not employ essential Cookies.
\2. Analytics Cookies: Analytics Cookies are Cookies that automatically collect information about your use of the Site. The Site does not employ analytics Cookies.
\3. Functional Cookies: Functional Cookies are Cookies that remember choices that you make when you visit the Site, such as language options. The Site does not employ functional Cookies.
Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser.
Behavioral Tracking
Neither MoonDAO™, nor any third party, use Cookies, pixels or other tracking technology (collectively, “Tracking Technology”) in connection with the Site.
In general, users may also be able to disable some, or all, Internet tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. In addition, users may be able to opt-out of Internet tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance.
Cross Device Tracking
MoonDAO™ tracks users’ use of the MoonDAO™ Offerings across various devices, including your personal computer and mobile device, in order to optimize and personalize your MoonDAO™ Offerings experience. MoonDAO™ may collect certain of your personal information across various devices.
Aggregate Data
MoonDAO™ reserves the right to transfer and/or sell anonymous aggregate or group data about users of the MoonDAO™ Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of MoonDAO™ Offerings users as a group, without disclosing personally identifiable information.
Social Media Websites
If you engage in any interaction with MoonDAO™, other users or any third party on any Social Media Pages, you should be aware that: (a) the Personal Data that you submit by and through such Social Media Pages, as applicable, can be read, collected and/or used by other users of these mobile applications/websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where MoonDAO™ responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of MoonDAO’s™ social media accounts.
We are not responsible for the Personal Data that you choose to submit on, or link to, any Social Media Pages. The Social Media Pages operate independently from MoonDAO™, and we are not responsible for such Social Media Pages’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Pages with which you interact to help you understand those Social Media Pages’ privacy practices. If you have questions about the security and privacy settings of any Social Media Pages that you use, please refer to their applicable privacy notices or policies.
Third-Party Websites
This Site may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites. MoonDAO™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and MoonDAO™ has no responsibility or liability relating to them.
Security
We endeavor to safeguard and protect our users’ Personal Data. When users make Personal Data available to us, their Personal Data is protected both online and offline (to the extent that we maintain any Personal Data offline). Where our registration/application process prompts users to enter Sensitive Information, and when we store and transmit such sensitive information, that information is encrypted with advanced TLS (Transport Layer Security).
Access to your Personal Data is strictly limited, and we take reasonable measures to ensure that your Personal Data is not accessible to the public. All of our users’ Personal Data is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need user Personal Data to perform a specific job are granted access to user Personal Data. Our employees are dedicated to ensuring the security and privacy of all user Personal Data. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store user Personal Data on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Data under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Data, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Data; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Data will be absolutely secure. Any transmission of data at or through the Site, other MoonDAO™ Offerings or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Data. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Minors
Visitors under eighteen (18) years of age are not permitted to use and/or submit their Personal Data at the Site. MoonDAO™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. MoonDAO™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. **
Transfer of Personal Data Internationally
If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may, solely where permitted by applicable law, including the GDPR and UK GDPR, result in the transfer of Personal Data across international boundaries including transfers to the United States and the United Kingdom. Subject at all times to applicable law including, without limitation, the GDPR and UK GDPR, by visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your Personal Data as subject to the protections described in this Privacy Policy.
Changes to this Privacy Policy
MoonDAO™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use Personal Data changes, MoonDAO™ will notify users by: (a) sending the modified policy to our users via email; and/or (b) by any other reasonable means acceptable under applicable law. You will have a choice as to whether or not we use your information in this different manner, and we will only use your information in this different manner where you affirmatively consent to such use.
Contact Us
If you have any questions about this Privacy Policy or our privacy practices in general, you may email us as at: info@moondao.com; call us at: 1-(734)-846-2638.
{00136663;1}