MoEngage, Inc. (“MoEngage,” “us” or “we”) provides SaaS (software as a service) (the “Service”) that enables the providers of mobile applications and websites (the “App Providers”) to understand how end users who download, access and/or interact with App Providers’ services (the “End Users”) interact with their services. This privacy policy (the “Privacy Policy”) describes how we collect, use, and disclose data collected through the MoEngage Platform (the “Platform”), as a part of our Service.

European Union should be sure to read the important information provided under the section - “Additional Information for European Union Users” in this Privacy Policy.

We might update our Privacy Policy from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Platform or by sending you an email or other notification prior to the changes becoming effective. We will also indicate when the changes will become effective. Please review our Privacy Policy on a regular basis. Any information that we collect is subject to the privacy policy in effect at the time such information is collected.

This Privacy Policy only applies to MoEngage and does not apply to the practices of companies that MoEngage does not own or control, or to people that MoEngage does not employ or manage.

This Privacy Policy has some provisions that only apply to App Providers and End Users, respectively, and it also has provisions that apply to both App Providers and End Users. Please read the applicable Privacy Policy provisions carefully before proceeding.

FOR END USERS

How we collect and use information from the End Users

We obtain information about End Users to provide App Providers with behavioral and analytics data related to how End Users interact with their products and services (the “Applications”). We do not directly get personal information from End Users; we collect information using tracking code technology that App Providers install in their Applications and share with us pursuant to their information collection practices, which are typically outlined in a privacy policy like this one and made available on the App Provider’s website. We encourage all End Users to read the privacy policies of the Applications they access or use. The App Providers provide us with the following types of information about End Users:

When an App Provider embeds our tracking code into its Applications, we access or obtain Personally Identifiable Information (“PII”) such as an End User’s email address, name, and phone number, depending on the selections the applicable App Provider makes via the MoEngage Software Development Kits (the “SDKs”). We also access or obtain additional information about End Users’ use of App Providers’ Applications and End Users’ devices, such as the actions taken, content viewed, messages viewed, messages clicked, offers accepted, search terms entered, advertisements clicked, applications opened, applications sent to the background, transactions in which an End User engaged, application name, application version, application bundle identifier, operating system name, operating system version, unique device identifiers, IP addresses, and access date, time, and location information. Please ensure you read, understand, and accept the privacy policies, and any terms of use of the App Provider that uses the MoEngage Service. By using our Service, you expressly relieve MoEngage from any and all liability arising from your use of the App Providers service. We analyze and use this information to provide and improve the MoEngage Service. MoEngage collects information under the direction of our App Providers, and has no direct relationship with the End Users whose personal data it processes. If you are a customer of one of our App Providers and would no longer like to be contacted by one of our App Providers that use the MoEngage Service, please contact the App Provider directly. If the App Provider fails to respond to your request within 30 days, you may contact us with your request at privacy@moengage.com.

How long do we retain information collected from End Users?

We will retain personal data we process on behalf of our App Providers for as long as needed to provide services to our App Providers. We will also retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

An End User who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to our App Providers. If requested by App Providers to remove or access data, we will respond within 30 days.

Communications

App Providers are able to send you, the End Users, push notifications, thought in-apps or email communications through the MoEngage Service.

Opt-Out

An End User who seeks to opt-out must direct their query to their App Providers. The App Providers may then request us to opt-out the said End User, which we shall do so within 30 days. Alternatively, the End User may contact us directly, by sending opt-out requests to privacy@moengage.com.

FOR APP PROVIDERS

Why do we collect information from App Providers?

We collect and use information from App Providers to provide our Service, to improve our Service, and to administer your Account, and to personalize End User experience.

Personal Information

When you, as an App Provider, create an Account or when you request information about the MoEngage Service, we’ll collect certain information that can be used to identify you, such as your name and email address (“PII”). We may also collect information that cannot be used to identify you, such as Account preferences.

Modifying and Deleting Your Information

You can access and modify the PII associated with your Account by accessing the user settings in the MoEngage Service. MoEngage acknowledges that EU individuals have the right to access and delete the personal information that we maintain about them. If you want us to delete your PII and your Account, please contact us at privacy@moengage.com with your request. We will respond to your request to access within 30 days. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

FOR END USERS AND APP PROVIDERS

Our Cookie Policy

MoEngage uses “cookies,” which are small text files that are placed by web servers and used to remember your preferences and settings. We use cookies to:
- analyzing trends
- administering the site
- tracking users’ movements on the website
- gather demographic information about our user base as a whole
- tracking your login and interaction with our website
We may receive reports based on the use of these technologies on an individual as well as aggregated basis.

You can change your browser settings to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If your browser does not accept cookies, however, you may not be able to easily access all aspects of our Service.

Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use locally stored objects (LSOs) such as HTML 5 to collect and store information.

Information Related to Use of The Platform

We gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality.

Information Sharing

We will share your personal information with third parties only in the ways that are described in this Privacy Policy. We do not sell your personal information to third parties. End Users and App Providers may opt-out of this. An End User who seeks to opt-out must direct their query to their App Providers. The App Providers may then request us to opt-out the said End User, which we shall do so within 30 days. Alternatively, the End User may contact us directly, by sending opt-out requests to privacy@moengage.com.

MoEngage’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, MoEngage remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles unless MoEngage proves that it is not responsible for the event giving rise to the damage.

Information Shared with our Subsidiaries

Sometimes we may transfer your PII to our Indian subsidiary to provide you with better service or for troubleshooting purposes. Our Indian subsidiary is bound by the principles of Standard Contractual Clauses and the obligations under this Privacy Policy. If you have any questions or concerns related to the transfer of PII to our Indian subsidiary, you contact us at privacy@moengage.com.

Information Shared with our Service Providers

We may engage third-party Service Providers to work with us to administer and provide the MoEngage Service such as sending you emails, storing data, etc. These third-party Service Providers have access to PII only for the purpose of performing the MoEngage Service on our behalf and are expressly obligated not to disclose or use your PII for any other purpose. The End Users may reach us at privacy@moengage.com if they require further information about the third -party Service Provider, the services that they are providing, or their privacy policy.

Information Shared with Third Parties

We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes. We will not share the End User PII collected for one App Provider with third parties.

Information Disclosed for our Protection and the Protection of Others

It is our policy to protect App Providers and End Users from having their privacy violated through abuse of the legal systems, whether by individuals, entities or government and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about App Providers or End Users to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary:

  • (i) to satisfy or comply with any law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders;
  • (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and
  • (iii) to prevent or stop activity we consider to be illegal or unethical. We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

We also may be required to disclose an individual’s personal information in response to a lawful request by pubp class="para"c authorities, including to meet national security or law enforcement requirements.

Data Security

We take reasonable measures to protect the information that we collect from or receive from App Providers or End Users (including PII) from unauthorized access, use or disclosure. When you enter sensitive information (such as login credentials) on our forms, we encrypt the transmission of that information using secure socket layer technology (SSL). Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) via email or conspicuous posting on our Platform in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Links to Other Sites

Our Service may contain links to other websites and services. Any information that an App Provider or End User provides on or to a third-party website or service is provided directly to the owner of the website or service and is subject to that party’s privacy policy. Our Privacy Policy does not apply to such websites or services, and we are not responsible for the content, privacy or security practices and policies of those websites or services. We recommend that App Providers and End Users carefully review the privacy policies of other websites and services that they access.

Social Media Features

Our Platform includes Social Media Features, such as the Facebook button and widgets, such as the “Share” button, or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Platform. Your interactions with these Features are governed by the privacy policy of the company providing it.

Our Policy Toward Children

Our Service is not directed to children under the age of 13. MoEngage users must not be under the age of 13. We do not target any portion of our service to children under the age of 13, and we will delete any accounts or data of users that we believe to be under the age of 13 to be in compliance with the Children’s Online Privacy Protection Act. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at privacy@moengage.com.

EU-US Privacy shield

MoEngage complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. MoEngage has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

In compliance with the EU-US Privacy Shield Principles, MoEngage commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact MoEngage at: privacy@moengage.com; or at MoEngage Inc., 1320 Stoney Cross Ln, Lincoln, CA – 95648.

MoEngage has committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus.

If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit the BBB EU Privacy Shield at www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information or to file a complaint.

Under certain limited conditions, EU individuals may invoke binding arbitration as a last resort before the Privacy Shield Panel.

With respect to our compliance with applicable privacy laws and regulations, MoEngage may be subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

California Privacy Rights.

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact MoEngage via email at privacy@moengage.com.

Additional Information for European Union Users

Personal Information

All references to “Personal Information”, “Personally Identifiable Information” or “Personal data” are equivalent to the definition of “personal data” under GDPR.

MoEngage as a Data Controller

For App Providers and visitors of the MoEngage website, MoEngage Inc. is the controller of your personal information for purposes of European data protection legislation.

MoEngage as a Data Processor

MoEngage processes the personal data of end users on behalf of the App Providers and acts as a Data Processor on behalf of App Providers, who act as Data Controller

Data Protection Officer

Our Data Protection Officer can be reached at privacy@moengage.com.

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 -

  • Access: To provide the personal information we hold for you
  • Rectify: To rectify the incorrect personal information we are holding for you
  • Delete: To erase the personal information.
  • Transfer: Send a machine readable copy of your personal information to you or a third party of your choice.
  • Restrict: To restrict the processing of your personal information.
  • Opt-out: Stop sending you direct marketing communications. You may continue to receive Service-related and other non-marketing emails.

You can submit these requests by email to privacy@moengage.com. We may require some information to authenticate your request. We may reject your request as applicable under law in which case we will inform you of the legal basis for rejecting your request. . 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 at privacy@moengage.com

For End Users: MoEngage is a service provider that processes data on behalf of App Providers, any requests relating to European Users’ exercise of their rights of access, rectification, erasure, or restriction under the European General Data Protection Regulation (“GDPR”) must be provided to MoEngage by an App Provider. App Providers can notify MoEngage of these requests directly. You can refer this article for more information.

Moreover, MoEngage supports functionality to allow App Providers to respect granular controls regarding User data privacy rights. App Providers can flag in the MoEngage SDK that a particular User has requested that their data not be processed by MoEngage, in which case MoEngage will no longer process engagement data on behalf of the App Provider for that User.

For App Providers: App Providers who are users of MoEngage Service and who are residents of the European Union may request to get a confirmation in MoEngage is processing your data, access this or request to rectify, delete or restrict processing of this information. For any such request, you may send an email to us at privacy@moengage.com after 25th May 2018.

Use for new purpose: We may use your personal information for reasons not described in this Privacy 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 notify you and explain the applicable legal basis.

Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

International Data Transfers:

Whenever we transfer your personal information out of the EEA to countries not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be based on one of the following safeguards recognized by the European Commission as providing adequate protection for personal information, where required by EU data protection legislation:

  • - Contracts approved by the European Commission which impose data protection obligations on the parties to the transfer. For further details, see European Commission Model contracts for the transfer of personal information to third countries.
  • - For transfers to third parties in the United States, ensuring they participate in the E.U.-U.S. Privacy Shield Framework

Contact us

Please contact us at privacy@moengage.com if you have any questions about our Privacy Policy. Or you may mail us your questions or concerns at:
Attn: Privacy and Security Office

MoEngage, Inc.
3575 Bankhead Road.
Loomis, CA 95650