Welcome to Moxie.xyz (“Moxie” or the “Platform”), provided by OST.com, Inc., a U.S.-based corporation (“our”, “we” or “us”). Moxie is a platform that allows people to easily create, schedule and stream classes, as well as to build and manage their communities. We are committed to protecting the privacy, confidentiality, and security of the personal data (“Personal Data”) that we hold by complying with the requirements of applicable laws and regulations. We are equally committed to ensuring that all our employees, service providers, and agents uphold these obligations. This policy explains how we manage Personal Data and your rights and choices regarding our processing of your Personal Data.
- “User”, “Users”, or “You” is all Users of the Platform
- “Attendee(s)” is/are a User who books, pays for or attends Classes
- “Instructor(s)” is/are a User who creates, schedules, streams, and hosts free or paid Classes
- “Class(es)” is/are offered by Instructors and can be for individuals or groups, and offered on Moxie or on Facebook Products through Moxie. These include the interactive warm-up and cool down rooms before and afterwards.
- A “Class Photo” is an image of each User in a Class, initiated by the Instructor, after the end of a Class
Contact details of data controller (as defined in applicable regulations): OST.com, Inc. 33 Irving Place, Suite 4008, New York, NY USA 10003. E-mail: email@example.com
Data Protection Contact: firstname.lastname@example.org
Information we collect in Moxie
We collect and process the following Personal Data about you, and provide the reasons for collecting and the retention period we hold this data below. We do not share, sell, rent or trade Personal Data with third parties for their commercial purposes, except when you have consented.
Personal information processed by Moxie
If you use Moxie, we process the following data as the data controller:
For all Users:
Account and profile information. This is data that all Users provide when creating a Moxie account and profile, in order for us to carry out the establishment of the account and granting access to the Platform. This can include:
- Email address
- User name
- Profile photo
- We automatically store any comments or messages you submit on Moxie, whether to us or to another User, and whether via messaging, chat, or email.
- We collect data such as the last time you have used Moxie, whether you are an Instructor or Attendee, and the content you view on Moxie, which is used to help optimize the Platform’s efficacy.
- All User-generated content, including video and audio, as well as comments/chat information that a User chooses to provide (including use of camera and microphone and the User’s image during a Class Photo), during a Class’s studio time, warm up room, or cool down room, is processed by Moxie.
- We collect information on the number of Classes instructed/attended, and information on aggregate amount received / paid and refunded/credited for each User.
- An Attendee is a User who books, pays or attends Classes. In order to attend Classes, you must create a profile (as above).
In order to pay an Instructor, you must provide additional information to Stripe, our payment processor. This additional information includes:
- First and last name
- Credit card details (Moxie does not receive your full credit card number)
- We collect information on how many Moxie classes an Attendee has joined, which Instructors you attend Classes with, and how often you attend Classes.
- We collect aggregated Class-level analytics for each Attendee.
- An Instructor is a User who creates, schedules, streams, and hosts free or paid Classes and other content through the Platform. To become an Instructor, you must create a profile (as above) and also a description of each Class you are offering.
In order to receive payments from your Attendees you must provide information to Stripe, our payment processor. This additional information includes:
- Your date of birth
- Email address
- Home address
- Phone number
- Last four digits of your Social Security number
- Some basic business details
- Full social security number (in some cases)
- A copy of your official ID (in some cases)
- Account and profile information. This is data that all Users provide when creating a Moxie account and profile, in order for us to carry out the establishment of the account and granting access to the Platform. This can include:
In order to receive payouts from Stripe, you will need to provide bank account information to them. This information includes:
- Routing number of a US bank
- Account holder name
- Account number of a US bank account
- Account holder full name
- Account type (individual or business)
- We collect aggregated Class-level analytics for each Instructor.
Information automatically collected by Moxie
You can visit Moxie without telling us who you are. For technical reasons, however, we collect the following data that your browser transmits to our server when you are navigating the site or through some third party providers:
- IP address
- date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (concrete page)
- Access status/HTTP status code
- amount of data transferred in each case
- Website from which the request originates
- operating system and its interface
- anonymous website activity logs
- language and version of the browser software
We collect / process Personal Data about you in the following ways:
- When you register for Moxie or consent to receive emails from us
- When you create an account and profile on Moxie
- When you book or pay for a Class
- When you order services from us
- When you submit a query or request to us
- When you message or email us, such as for technical or other reasons
- When you respond to a survey that we run or fill in forms on one of our websites
- By tracking your use of our websites
- When you create content such as appearing in Classes (including warm-up and cool down rooms), live video, audio or messages to Instructors or Moxie
How we use your personal data
We use Personal Data that we collect about you for the following purposes and on the following legal bases:
- When you provide us with consent to the processing of your Personal Data for one or more specific purposes. Example:
- To keep you informed about our activities. Upon submission of your request, you will receive at the specified email address a double opt-in request to confirm the consent to receive updates from us, which include emails relevant to your usage of Moxie.
- When there is a legitimate interest, meaning the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. Examples:
- Handling contact and user support requests
- When adding a Class to your calendar
- To improve our website and Classes based on your information and feedback
- To carry out market analysis and research
- To monitor the use of our products and services
- To assess, maintain, upgrade and improve our products and services
- To carry out education and training programs for our staff
- To manage and resolve any legal or commercial complaints or issues, or to prevent fraud and abuse on the Platform
- To carry out planning and forecasting activities and other internal business processes
- In the performance of a contract with us. This means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Examples:
- To verify your identity when you are dealing with us
- To provide the Platform, including the Classes, to you
- To allow you to sign in to your account
- To allow you to join a Class
- To process payments through our third party payment processor
- To send you emails regarding your confirmed Classes, or other emails that are transactional in nature
- To create and send you via email a Class Photo
- If you have approved (opted-in) receiving marketing materials from us, to send you marketing materials about products or services that we think you may be interested in (including in some cases products and services that are provided by a third party). We may use your following Personal Data for the purpose of direct marketing.
- identifying information, such as your name and date of birth
- contact information, such as your postal address and email address
- products and services portfolio information and demographic data held by us from time to time
- Click the “Unsubscribe” button in the emails you receive from us
- Sending an e-mail to email@example.com
- By sending a message to the contact details provided on the moxie.xyz homepage.
You can revoke your consent at any time in the following ways:
Sharing of personal information
Information We Share
We may share Personal Data about you only if it is necessary for the purposes described above and only on a legal basis. We might share your Personal Data with:
- Your representatives, advisers, and others you have authorized to interact with us on your behalf
- Our staff who need the information to discharge their duties
- Related entities within our corporate group in order to fulfill the services
- Instructors and other third parties in order to fulfill the services
- Payment system operators and financial institutions in order to fulfill the services
- Government authorities who ask us to disclose that information, or to other people as required by law
Information We Share with Third Parties
We use external service providers for processing of some Personal Data. Within the framework of a contract for data processing, these service Providers have committed themselves, among other things, to observing appropriate technical and organizational measures for data security and act in accordance with instructions on our behalf. Our main service providers are listed below but are subject to change. We never sell your Personal Data to third parties.
Amazon Web Services, INC. (AWS), USA
Google LLC, USA
We are using the following services offered by Google:
- GSuite(Google Apps), for all email, documents, forms, and spreadsheet creation.
- Google Analytics for our analysis and tracking needs.
- Google Tag Manager (GTM), is processing data from Google Analytics and Google Adwords.
- Google Optimize to perform A/B testing on our content and design online. Google Optimize uses Google Analytics cookies in order to collect information about the visitors on our websites.
- Google Analytics
The information generated by the cookie about your use of our website (including your anonymized IP address) will be transmitted to and stored by Google. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.
Intercom R&D Unlimited Company, Ireland
Freshworks, Inc., USA
Slack Technologies, Inc., USA
Facebook Inc., USA
We may also share data with third parties when necessary in order to comply with a legal or regulatory obligation.
Information Shared with Instructors
When you sign up for a Class with an Instructor, the following information is shared with that Instructor, as stated in our Terms of Service:
- Your name, email address, and any information in your Moxie profile (including information from Facebook Products used to fill in your Moxie profile)
- Any messages you send to Instructors through Moxie
- Your image and audio, during a Class (Classes are recorded, but only the Instructor is seen on a recording; only audio created when an Attendee’s microphone is enabled is recorded)
- Anything you state or show on the shared screen during the live stream of the Class
- Anything you state or show during the warm-up and cool down rooms
- Your image and first name for a Class Photo
- Whether or not this is your first Class with that Instructor, and the total number of classes you have attended with that instructor
All Instructors agree to the terms of our Data Processing Agreement (“DPA”) when they opt-in to the Terms of Service upon creating an account with Moxie. This DPA is an Instructor’s promise to protect the privacy of other Users during and beyond their relationship with Moxie.
If you (or any User) choose to engage in public activities on Moxie, you do so at your own risk. You should be aware that any information you share may be read, seen, photographed, recorded and subsequently used by other Users (Including Instructors) without our consent. You should therefore use caution in disclosing Personal Data. We are not responsible for the information you choose to submit in these situations.
Information We Share with the Public
The following information is publicly available to visitors to the Platform, as well as Users, as per our Terms:
- Instructor name, picture and Moxie profile
Information We Share with Other Attendees
The following additional information of Attendees is available to other Attendees in group Classes during the warm up room and cool down room, as per our Terms:
- Attendee first name, profile picture and Moxie profile
- Any audio and video participation during the warm up and cool down rooms
- Your image and first name for a Class Photo
Instructors have the option to record their Classes. They cannot record the images or video of Attendees, but can record their audio (such as when the Attendee is answering a question asked by the Instructor). The warm up and cool down rooms are not recorded. This may still however lead to recordings containing Personal Data. Users will be alerted via visual cues when a Class is being recorded. After a Class is recorded, it is stored on our Moxie cloud, hosted by Amazon Web Services. We have robust and validated access controls to prevent unauthorized access to Class recordings saved to the Moxie cloud. Instructors have the option to download recordings of their classes. When an Instructor chooses to store a recording locally, Moxie does not have control over the recording. Moxie holds these recordings of Classes for 12 months.
Retention of your personal data
We retain your Personal Data for a period of time consistent with the original purpose of collection. We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of your Personal Data, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means, as well as the applicable legal requirements (such as statutes of limitation).
After the retention period ends, your Personal Data will be deleted. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of the data.
Device and storage data we process
We also include web beacons in the emails we deliver to you. We use the data from those web beacons to understand the aggregate open rate of emails we send to our users.
Types of Cookies Used
We currently use the following cookie types:
Security / Authentication:
Moxie uses some necessary cookies which are vital to ensuring that Moxie works properly for visitors and Users, such as maintaining the security, safety and integrity of the Platform, authentication and logging in (including remembering permissions and consents you have granted) and ensuring the ability to securely complete transactions.
Performance / Analytics and Research:
Some technologies help provide performance data on how Moxie is functioning in order to make improvements to it. Data collected on site functionality and speed, how Moxie is used and detecting and gathering reporting on bugs helps improve the Platform. Some third-party cookies collect and analyze information about your use of Moxie and report on activities and trends. Our analytics cookies are from OST, as well as Google Tag Manager, Google Analytics, and Google Optimize, Google Ads, and Pixels from Facebook.
Preferences / Localization:
Cookies enable your personalized views and settings, and provide localized experiences.
If you have any specific questions on the cookies we are using please do not hesitate to contact us.
We use third party advertising cookies to present you with Moxie advertising while on other websites, as well as for retargeting.
How to manage cookies
Most internet browsers have an option to allow you to disable cookies altogether – please refer to your browser’s help menu to find out how to do this. You may always go to your browser history settings and clear your cookies. You also typically have the ability to accept or decline cookies by modifying the settings in your browser. If you choose to disable cookies, you may still use Moxie, however you may have limited access to some areas.
Additionally, you may use the following tools in order to opt-out from certain cookies:
https://tools.google.com/dlpage/gaoptout - for Google Analytics cookies
https://optout.aboutads.info/?c=2&lang=EN in the USA
https://youradchoices.ca/ in Canada
https://www.youronlinechoices.com/ in EU
International transfer of information collected
Your Personal Data may be collected, transferred to and stored by us in the United States and by our affiliates in other countries where we operate. Therefore, if you are an EU data subject, your Personal Data may be processed outside the EEA, and in countries which are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection in the EEA. In this event, we will ensure that such a recipient offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission.
Your rights relating to your personal data
Your data rights
Users in certain locations may have rights, including those under the EU General Data Protection Regulation 2016/679 (“GDPR”), the California Consumer Privacy Act (CCPA) or other analogous legislation in other jurisdictions regarding data that Moxie controls as a Controller under the GDPR, CCPA or similar (“Personal Data”), including:
- To request access to Personal Data that we may process about you (right to access);
- To require us to correct any inaccuracies in your data, free of charge (right to rectification);
- To erase/delete your Personal Data to the extent permitted by other legal obligations (right to erasure; the right to be forgotten);
- To restrict/oppose our processing of your Personal Data (right to a restriction of processing/right to object);
- To transfer your Personal Data to another controller to the extent possible (right to data portability);
- Where we process your Personal Data for direct marketing purposes (after explicit opt-in) or share it with third parties for their direct marketing purposes, to object at any time to this processing without giving a specific reason, including to opt out of the sale of Personal Data;
- Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"; Automated Decision-Making currently does not take place on our websites);
- To withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
We do not discriminate against Users who exercise their privacy rights.
If you submit a request to exercise your privacy rights, you may be asked to verify the request by logging into your Moxie account. If we are unable to verify your request, then for your protection, we reserve the right to deny the request.
In certain cases, we may charge you an administration fee for providing you with access to the information you have asked for, but we will inform you of this before proceeding.
There may be cases where we aren’t able to provide the information you request, such as where it would interfere with the privacy of others or result in a breach of confidentiality. In these cases, we will let you know.
Even if you do not request access to and/or correct your Personal Data held by us, we may take reasonable steps to correct Personal Data that is inaccurate, incomplete, out-of-date, irrelevant or misleading.
How to exercise your rights
To exercise your rights, please contact us in accordance with the “Contact Us” section below.
If you want to exercise your right to have us stop processing your Personal Data for direct marketing purposes, you can do this via the Unsubscribe link present in every email from us, or directly via email, in which case you should put your request in writing (an email with a header that says 'Unsubscribe'); provide us with enough information to identify you, and if your objection is not to direct marketing in general, but to direct marketing by a particular channel, please specify which channel.
Deleting your account
If you no longer want to use Moxie, and would like to delete your account, please reach out to us at firstname.lastname@example.org. Once your account is deleted, your profile will be removed from the Platform and we may delete all of your Personal Data.
Storage and security of personal data
The security of your Personal Data is important to us. We generally store the Personal Data that we collect in electronic databases, some of which may be held on our behalf by third party data storage providers. Sometimes we also keep hard copy records of this Personal Data in physical storage facilities.
Moxie’s systems do not access your full credit card number. We use a range of physical and technical security processes and procedures to protect the confidentiality and security of the information that we hold, and we update these from time to time to address new and emerging security threats that you become aware of.
We also take steps to monitor access to and modification of your information by our staff, and ensure that our staff is aware of and properly trained in their obligations for managing your privacy.
As a User of the Platform, you can help prevent unauthorized access to your account and information by choosing a strong and unique password which is stored in a password manager.
Please do not engage in any behavior that endangers the security of our website and Users. This prohibited behavior includes items described in our Terms as well as the following list, which is not exhaustive:
- Illegal activities
- Distribution of others’ Personal Data, including Users distributing Personal Data of other Users
- Service Degradation
- Data Mining
- Reverse Engineering
If you do engage in these behaviors or otherwise endanger the security of the Platform or Moxie website, or Users, we may terminate your Moxie account.
Our websites and Services are not directed at children under 13, and children may not create an account or otherwise use Moxie.
California residents may be entitled to obtain information about Personal Data. The California Consumer Privacy Act (CCPA) allows California residents to request access to the specific pieces and categories of Personal Data that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. Moxie provides you the right to access your Personal Data by emailing us at email@example.com.
California residents also have the right to submit a request for deletion of information at firstname.lastname@example.org.
We do not respond to browser “Do-Not-Track” signals.
We try to meet the highest standards in order to protect your privacy. However, if you are concerned about the way in which we are managing your Personal Data and think we may have breached any applicable privacy laws or any other relevant obligation, please contact us using the details set out below.
We will make a record of your complaint, will deal with the matter as soon as we can, and keep you informed of the progress of our investigation.
If we have not responded to you within a reasonable time or if you feel that your complaint has not been resolved to your satisfaction, you are entitled to make a complaint to the proper authorities.
Or mail us:
OST.com, Inc. 33 Irving Place, Suite 4008 NY, NY 10003
For GDPR matters, OST.com, Inc. has its German entity OST.COM GmbH that acts as OST global entities’ representative for GDPR in the EU. The address for OST.com GmbH is Paul-Lincke-Ufer 41, 2.HH, 4.OG, 10999 Berlin, Germany
If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the EEA, you have the right to lodge a complaint with the competent supervisory authority.
Changes to the policy