Privacy Policy
Date: July 9, 2007
Moka5, Inc. ("MokaFive") respects the privacy of its users whether they: (1) use the software and any accompanying documentation ("Documentation") (collectively, the "Software") available from the MokaFive website ("Website"); (2) participate in interactive programs, including without limitations blogs and forums, on the Website; or (3) simply view the Website. The following MokaFive privacy policy ("Privacy Policy") is designed to inform you, as a user of the Website and Software, about the types of information that MokaFive may gather about or collect from you in connection with your use of the Website and Software. It also is intended to explain the conditions under which MokaFive uses and discloses that information and your rights in relation to that information.
Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Website, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the end of this document) and review any changes since the last time you used the site.
All capitalized, undefined terms herein shall have the meaning set forth in the MokaFive Terms of Use Agreement.
Children
The Website is not intended for children under 13 years of age. MokaFive does not knowingly collect personal information from children under 13.
Gathering, Use and Disclosure of Non-Personally-Identifying Information
Users of the Website Generally
"Non-Personally-Identifying Information" is information that, without the aid of additional information, cannot be directly associated with a specific person or entity.
"Personally-Identifying Information," by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person or entity.
Like most website operators and Internet-related services providers, MokaFive collects Non-Personally-Identifying information of the sort that the Web browsers and servers typically make available, such as IP addresses, browser type, plugins, screen resolution, language preference, referring site, and date and time of each user interaction. MokaFive's purpose in collecting Non-Personally-Identifying Information is to better understand how MokaFive's users interact with the Website. From time to time, MokaFive may release Non-Personally-Identifying Information in the aggregate, e.g., by publishing a report on trends in the usage of the Website.
Software Users - System Information
As explained in the Website Terms of Use and MokaFive End User License Agreement, MokaFive may automatically, in connection with your use of the Software, collect certain information from your computer, including without limitation, your: (i) Internet address, browser type, operating software, computer language, and email type; (ii) usage of the Websites, viewing habits, third-party materials and Software; and (iii) compliance with this Agreement and any other agreement between you and MokaFive (collectively, "System Information"). By installing, running or using the Software, you agree to permit MokaFive to collect your System Information, and not to make any attempt to manipulate or falsify your System Information. As with information collected from visitors to the Websites, MokaFive may release, in the aggregate, Non-Personally-Identifying Information (such as System Information) gathered in connection with the use of the Software. It will not, though, disclose Personally-Identifying Information gathered in connection with the System Information other than under the circumstances that it discloses Personally-Identifying Information, as described below. If you do not wish to have MokaFive collect your System Information, you should not download or install the Software.
Software Users - Usage Information
At the time you download the Software, MokaFive will present you with the option of clicking to agree to allow MokaFive to collect Usage Information. If you so agree, the Software will transmit to MokaFive's servers, and MokaFive will collect certain information about how you use the Software and LivePCs such as: (i) information about your computer, including without limitation, the number of CPUs, your operating system version, the amount of RAM available, the amount of free disk space available, and the display resolution; (ii) information about the Software you are using, including without limitation, the version, flat cache size, whether the Software is USB or host installed, whether the Software is backup enabled, the virtual machine monitor name and version and a unique, anonymous cookie associated with each installation of the Software that enables MokaFive to correlate usage data with the Software installation; and (iii) information about how you use the Software and LivePC including without limitation your list of subscribed LivePCs, the time you start and stop using the Software, the day and time that you install and uninstall the Software, the time you start and stop using a LivePC, the run times for your LivePC, the amount of time your LivePC is suspended, the LivePC download time and rate, the time it takes for your LivePC package to upload and your number of concurrently running LivePCs (collectively, "Usage Information"). By clicking "I AGREE", you agree to permit MokaFive to collect your Usage Information, and not to make any attempt to manipulate or falsify your Usage Information. As with information collected from visitors to the Websites, MokaFive may release, in the aggregate, Non-Personally-Identifying Information (such as Usage Information) gathered in connection with the use of the Software. It will not, though, disclose Personally-Identifying Information gathered in connection with the use of the Software other than under the circumstances that it discloses Personally-Identifying Information, as described below. If you do not wish to have MokaFive collect your Usage Information, you should not click "I AGREE" before installing the Software.
Cookies and Web Beacons
A cookie is a string of information that a website or provider of Internet-related services stores on a visitor's computer, and that the visitor's browser provides to the website or services provider each time the visitor returns. A web beacon is a part of a web page (e.g. an image, Javascript, or an iframe) that provides a third party,such asan analytics service, with the standard information browsers make available to web pages and websites. MokaFive and its contractors use cookies and web beacons to develop a better understanding of how individual MokaFive users interact with and use the Website, so that MokaFive may improve the Website and provide users with the most relevant, interesting and compelling advertising and other content.
It is possible to link cookies to and use web beacons to obtain Personally-Identifying Information. MokaFive and its contractors do so, however, to: (i) verify the identities of those of users - for example, Contributors - who previously have provided Personally-Identifying Information and whom MokaFive must identify across multiple visits to the Website; and (ii) to store the preferences of repeat users of the Website. MokaFive and its affiliates and contractors may correlate the information gathered by means of cookies and web beacons with Personally-Identifying Information for the purpose of profiling Website users.
If you do not wish to have MokaFive or its contractors place cookies on you computer, you should set your browser to refuse cookies before accessing and using the Website, again with the caveat that certain features of the Website may not function properly without the aid of cookies. Refusing cookies will also limit the ability of web beacons to track your visits to the website, though information such as the referring URL and source IP address will still be available to the website hosting the beacon.
Collection of Personally-Identifying Information
Website Contributors and Customer Service Users
Certain users interact with the Website in ways that require MokaFive to know a little more about them, or to be able to identify them across multiple uses of the Website. From these users MokaFive collects Personally-Identifying Information. The amount and type of Personally-Identifying Information that MokaFive collects depends on the nature of the user's interaction with the Website. For example, MokaFive requires users seeking customer service to supply a name and email address, for the purpose of enabling MokaFive to contact them in response to their questions. MokaFive requires Contributors - whose identity MokaFive must verify prior to each Contribution, and whom MokaFive must be able to identify or contact in the event of an issue concerning their Contributions - to provide even more information, including without limitation their name, email address, user name, password, phone number, address, and postal zip code. You can always refuse to supply Personally-Identifying Information to MokaFive, with the caveat that it may prevent you from engaging in certain activities on or related to the Website.
On-line Forums and Blogs
Certain Personally-Identifying Information collected from users is disclosed as a matter of course as a result of those users' use of the Website. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION.
DMCA Infringement Notifications, Notices of Violations of Website Terms of Serviceand Other Communications Directed to MokaFive
By submitting a Copyright Infringement Notification or other communication (including communications about content stored on or transmitted through the Website) you consent to have such communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. For Notices of Violations of Website Terms of Service or other communications (but not DMCA Infringement Notifications), upon request MokaFive will edit out your name and contact information. However, DMCA Infringement Notifications (including any personally identifiable information set forth in the Notifications) will be forwarded as submitted to MokaFive without any deletions.
Other Disclosures
MokaFive will also disclose Personally-Identifying information under the following circumstances:
By Law or to Protect Rights - MokaFive discloses Personally-Identifying Information when required to do so by law, or in response to a subpoena or court order, or when MokaFive believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of MokaFive, third parties or the public at large.
Marketing Communications - MokaFive will email users about products and services that MokaFive believes may be of interest to them. MokaFive also will provide users' email information to third parties, so that those third parties may directly contact users about additional products and services. If a user wishes to opt-out of having their email information provided to third parties at any time after registration, they may do so by sending MokaFive an email at [email protected]. Even after opting-out, a user may continue to receive marketing emails from third parties to whom MokaFive already has provided the user's email information. Users will be responsible for directly contacting such third parties to request cessation of further marketing emails.
Business Transfers; Bankruptcy - MokaFive reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of MokaFive's assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.
Protection of Certain Personally-Identifying Information
MokaFive discloses Personally-Identifying Information, including without limitation information gathered by means of cookies and correlated with Personally-Identifying Information, to those of its employees and contractors that: (i) need to know this information in order to process it on MokaFive's behalf, or to provide services offered through or relating to the Website; and (ii) have agreed not to disclose it to others. Some of those employees and contractors may be located outside of your home country. The contractors to whom MokaFive discloses personally-identifying are not bound by MokaFive's Privacy Policy, but rather by their own privacy policies, if any. By using the Website, you consent to the transfer of your information to those contractors.
MokaFive takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of Personally-Identifying Information stored on the Website.
Third-Party Websites and Services
As MokaFive has its own privacy policy, so do most other website and Internet-related services providers. Before linking to, accessing or otherwise using the website or services of another entity, you should review that entity's privacy policy and take those steps necessary to, in your discretion, protect your privacy.
Contests, Giveaways and Surveys
From time to time, MokaFive may offer Website and/or Software users the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy. From time to time, MokaFive may also ask Website and/or Software users to participate in surveys designed to help MokaFive improve the Website and/or Software. Any Personally-Identifying Information provided to MokaFive in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.
Email to Friends Feature and Referral Program
MokaFive offers users the ability to send friends emails about the Website and Software. If users choose to use this feature, be assured that MokaFive only uses friends' email addresses on a one-time basis to send the requested email.
Updating of Personally-Identifying Information, and Opt-Out
MokaFive permits its visitors to freely update, correct, or delete any Personally-Identifying Information maintained by MokaFive. To do so, you need only look for the links and other tools available on the Website or contact MokaFive by email. If you no longer wish to receive materials distributed by MokaFive mailing list, you should unsubscribe by using the unsubscribe link located in the email message.
Privacy Policy Changes
MokaFive may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to MokaFive's Privacy Policy will also be reflected on this page. Unless MokaFive obtains your express consent, any revised Privacy Policy will apply only to information collected after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies. Company encourages visitors to frequently check this page for any changes to its Privacy Policy.
This policy is effective as of and was last updated on July 9, 2007.