Effective Date: January 1, 2024

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Mogean, Inc. (“Mogean”, “we”, “us”, or “our”) recognizes the importance of privacy. In this privacy statement (“Privacy Statement”) we describe how we collect, use, and disclose Information that we obtain about Users. We also describe how we collect, use, and disclose Information that we obtain about End Users. For more information about our Mobile Services, please visit our mobile services terms of use.

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User Agreements

By visiting the Site, Users agree that any Information that we collect from or about them through our Site will be handled as described in this Privacy Statement. A User’s use of our Site, and any dispute over privacy, is subject to this Privacy Statement and our Terms of Use, including its applicable limitations on damages and the resolution of disputes.

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Definitions

• Information means Personal Information, anonymous information, and aggregate information.

• Mobile Services means our software development kit (“SDK”) and other mobile platforms that we provide to Mogean Customers

• Personal Information means personally identifiable information about an individual person, such as a name, address, email address, phone number, or other identifier that permits contacting of a specific individual.

• Site means our website mogean.com.

• Mogean Customers means mobile application developers with whom we have a contractual agreement to provide Mobile Services. Depending on their interaction with our Site and Services, Mogean Customers may also be Users.

• Users means individuals who visit and/or use or Site. The term “User” may include Mogean Customers.

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Information We Collect Directly

• From Users. We may collect Information directly from Users through our Site. For example, we will collect Users’ names, email addresses, and phone numbers if they contact us directly through our Site. We will also collect any other Information that a User chooses to provide to us, such as the contents of a message that a User submits through our Site. We may combine this directly provided Information with Information we collect automatically about Users.
   

Information We Collect

• Through Our Site and Services. We automatically collect Information through a User’s use of our Site and Services using cookies and other technologies. This Information may include, without limitation, domain name, operating system, settings and system configurations, IP address, the webpages accessed within our Site, the website that led the User to our Site, the website to which a User goes after leaving our Site, the dates and times a User accesses our Site, and other web log data. By visiting our site, third parties may place cookies on users’ browsers for targeted advertising purposes. For example, IP addresses, cookie identifiers, and website activity are collected for targeted advertising.

• This data may be used by third parties to target advertising on other sites based on our website visitors’ online activity. For example, the following links are provided to opt out of receiving various targeted advertising:

  • the DAA opt-out site www.aboutads.info

  • the NAI opt-out site at networkadvertising.org/choices

  • for those in Europe, the EDAA opt out site at youronlinechoices.eu

• Through Our Mobile Services. We automatically collect Information through End Users through their use of mobile applications that utilize our Mobile Services. This Information may include, without limitation, information about an End User’s operating system, settings and system configurations, IP address, device model, device ID and other unique device identifiers, and mobile network information. We will also collect precise location information about an End User’s device. Depending on the settings chosen by the Mobile App Provider, we may collect this information even when an End User is not actively using the mobile application that utilizes our Mobile Services. For information about opting out of precise location tracking, please see our instructions on how to opt out of receiving targeted advertising.

  • Android privacy and location services

  • iOS privacy and location services

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How We Use Your Information

We receive consent from end-users to use precise location data. We use Information, which may include Personal Information, collected through our Site and Mobile Services for the following purposes:

• Providing Our Services and Mobile Services. To provide our Site and Mobile Services and for other User or End User support purposes.

• Communicating with Users and Mogean Customers. To communicate with Users or Mogean Customers, including via email, about our Site or Mobile Services; to respond to User or Mogean Customer inquiries; to provide Users or Mogean Customers with news and newsletters and other information we think may interest them; and to respond to User and Mogean Customer desires and preferences.

• Marketing and Advertising.

• Industries. We work with industries such as Hospitality, Retail, Sports & Entertainment. We provide these customers with services such as Analytics, Audience Segmentation, and Campaign Attribution. 

• To Users or Mogean Customers. To provide Users or Mogean Customers with special offers, and promotions, including via email; to contact Users or Mogean Customers about products or information we think may interest them; and for other marketing, advertising, and promotional purposes.

• To End Users. To enable Mogean Customers to provide End Users with marketing and advertising. Please review the privacy policies of your mobile application providers to understand their marketing and advertising practices.

• Analyzing Use of Our Site and Mobile Services. To better understand how Users access and use our Site; to understand how Mogean Customers and End Users use our Mobile Services; and for other research, analytical, and statistical purposes.

• To Protect Rights and Interests. To protect our rights and interests as well as the rights and interests of our Users, Mogean Customers, End Users, and any other person, as well as to enforce this Privacy Statement and our Terms of Use.

• Legal Compliance. To comply with applicable legal obligations, including informal requests from law enforcement or other governmental entities.

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How We Disclose Your Information

We may disclose Information, which may include Personal Information, collected through our Site and Mobile Services with the following entities:

• Affiliates. We may disclose Information to any current or future affiliates, parent companies, or subsidiaries.

• Service Providers. We may disclose Information to vendors, service providers, agents, contractors, or others who perform functions on our behalf.

• Mogean Customers, Advertisers, and Other Nonaffiliated Third Parties. We may disclose Information about End Users to Mogean Customers, advertising agencies, and other nonaffiliated third parties (e.g., partners with whom we co-develop a mobile application that uses our technology). Third parties who receive Information may use such Information for their own marketing purposes, including to provide proximity-based or real-time advertisements. Please see our mobile service terms of use.
   

We may also disclose Information, which may include Personal Information, collected through our Site and Mobile Services for the following purposes:

• Business Transfers. We may disclose Information to another entity if we are acquired by or merged with another company, if we sell or transfer a business unit or assets to another company, as part of a bankruptcy proceeding, or as part of any other similar business transfer.

• Legal Compliance. We may disclose Information in order to comply with the law, regulation, a judicial proceeding, subpoena, court order, or other legal process, including informal law enforcement or governmental requests for information.

• Protecting Rights and Interests. We may disclose Information where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Statement, or as evidence in litigation in which we are involved.

• Aggregate and De-Identified Information. We may disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, or other purposes.
   

Cookies and Other Tracking Mechanisms

We and our service providers use cookies and other tracking mechanisms to track Users on our Site.

• Cookies. We or our service providers may use cookies to track visitor activity on our Site. A cookie is a text file that a website transfers to your computer’s hard drive for record-keeping purposes. We or our service providers may use cookies to track user activities on our Site, such as the pages visited and time spent on our Site. Most browsers allow users to refuse cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies may not be able to browse certain areas of the Site.

• Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, which are embedded invisibly on web pages. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags), in connection with our Site to track the activities of visitors to our Site, help us manage content, and compile statistics about usage of our Site. We or our service providers may also use clear GIFs in HTML emails to our users, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

• Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
   

Our Mobile Services also use tracking mechanisms, including global positioning systems and Bluetooth beacons, to track the precise location information of End Users.

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California Do Not Track Disclosure

We may track Users’ activities once they leave our Site. While there is still no universally accepted standard regarding tracking, our Site does respond to certain Do Not Track signals (e.g., the Mozilla Firefox but may not respond to all of them . You may also disable certain tracking as discussed above (e.g., by disabling cookies). For more information about tracking, please click here.

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Third-Party Analytics

We use service providers, such as Google Analytics, to evaluate the use of our Site and our Services. We or our service providers use automated devices and applications to evaluate use of our Site and Services. We or our service providers use these tools to help us improve our Site, Services, performance, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or Flash LSO, to perform their services.

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Third-Party Links

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Privacy Statement but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

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Security

We have taken steps to help protect the Information we collect from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security.

Users and Mogean Customers that have accounts with us should take steps to protect against unauthorized access to their accounts by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping their log-in and password information private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on a User’s or Mogean Customer’s account via unauthorized password activity. Any observed security vulnerabilities can be reported to security@mogean.com.

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Choices

• User Choices. Users may request to modify the Personal Information they have submitted by emailing us at info@mogean.com. We may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to ten (10) business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.

• End User Choices. Our Mobile Services are provided directly to Mogean Customers, not to End Users. Therefore, many End User choices depend on the options provided by Mogean Customers through their own mobile applications. However, End Users may be able to opt out of precise location tracking by updating the location tracking settings in their mobile applications, though doing so may mean that the mobile application will not function properly. Similarly, End Users may be able to opt out of advertising enabled by our Mobile Services by updating their mobile application settings. For more detailed information about opting out of precise location tracking and advertising, please review the privacy policies of your mobile applications.
   

Children

Our Site is not targeted to children under thirteen (13) years of age. If we discover that a child under thirteen (13) has provided us with Personal Information, we will promptly delete such Personal Information from our systems.

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Special Information for California Consumers

Under the California Shine the Light law (Cal. Civ. Code § 1798.83), California residents may request a list of certain third parties to which we have disclosed the types of Personal Information listed in the Shine the Light law for those third parties’ own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: info@mogean.com. Please allow up to thirty (30) days for a response.

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Contact Us

If you have questions about the privacy aspects of our Site, Services, or Mobile Services, please contact us at info@mogean.com.

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Opt-out / Do Not Sell My Personal Information / Erasure

• Opt-out Policy:  Mogean removes personally identifiable information (PII) from all client offerings for verified end-users who have requested Opt-out.

• Erasure Policy:  Mogean offers the ability to request their PII excluded from client offerings.

• If you would like to request either opted-out or erasure, please contact us here.

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Changes to this Privacy Statement

This Privacy Statement is current as of the Effective Date set forth above. We may change this Privacy Statement from time to time, so please be sure to check back periodically. We will post any changes to this Privacy Statement on our Site. If we make any changes to this Privacy Statement that materially affect our practices with regard to the Information we have previously collected, we will endeavor to provide notice in advance of such change by highlighting the change on our Site.

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