This Privacy Policy describes the data that Moodiv8 collects about you when you use the Moodiv8 apps, websites, and services (the “Services”), and how Moodiv8 uses and discloses that data. This Policy also explains your rights, including your rights to request information about Moodiv8’s data processing or deletion of your data.

First, we want you to know that Moodiv8 will never sell your data or information to any third party. Moodiv8 uses and discloses your data only to provide the Services to you, for example to book your next trip or notify you when we see a deal that you won’t want to miss. Moodiv8 works hard to protect your data. If you have any questions about your data, you can always reach our Privacy team by emailing us at [email protected].

1. The Information Moodiv8 Collects.

1.1. Information You Provide. When you create a Moodiv8 account, you may be required to provide and verify your mobile phone number. To make bookings using the Moodiv8 Services or to communicate to Moodiv8 for other purposes, you may be required to provide additional personal information including, for example, your name, address, email, government identification or third-party rewards numbers, date of birth, gender, and payment information. You may also be required to provide this personal information for any individual(s) on whose behalf you make experience booking(s).

1.2. Your Device. When you use or access Moodiv8 Services, Moodiv8 receives information about the computers, phones, or other web-connected devices and browsers that you use. The device information Moodiv8 receives includes attributes such as the device or browser type, operating system, hardware and software versions, display settings, language, region, currency, and time zone settings, mobile carrier, your IP address, and any device, operating system or advertising identifiers.

1.3. Your Usage and Transactions. When you use the Services, Moodiv8 collects information about how you use the Services. Moodiv8 also retains records of the experience bookings or other product/service purchases that you make using the Services.

1.4. Geolocation Data. Moodiv8 receives geolocation data from your device solely for the purpose of populating the “origin airport” field within the flight search section of the app. Moodiv8 does not retain your geolocation data. You can decline to provide geolocation data using your app settings.

1.5. Cookie Data: When you visit Moodiv8 websites, Moodiv8 uses “cookies” and/or similar identifying technology on your device(s) to collect data, including cookie IDs, settings, and usage data.

2. How Moodiv8 Uses Your Information.

2.1. To Provide, Improve and Personalize the Services. Moodiv8 uses the data it collects: (i) to provide and support the Services for you, including by making bookings, supporting your bookings, and notifying you about deals; (ii) to personalize the Services for you, such as by watching or suggesting experiences or other products and deciding which products to offer; (iii) to analyze and improve the Services and products (such as by marketing to you and measuring the effectiveness of our marketing); (iv) to develop new products (based on usage trends); and (v) to ensure the security of the Services (such as by verifying the validity of an attempted booking). Moodiv8 retains data about experience bookings and usage for these purposes, and as necessary to comply with applicable legal and regulatory requirements.

2.2. To Communicate with You. Moodiv8 also uses the data you provide to communicate with you about your experience bookings and/or about other Moodiv8 products and services that we think you may be interested in. Moodiv8 may communicate with you via in-app push notifications, email, phone, SMS, or other messaging means.

3. When Moodiv8 Shares Your Information.

3.1. To Make Experience Bookings. When you request to make a booking, Moodiv8 may share your data to third-party suppliers and their data-processing partners, and/or to Moodiv8’s third-party experience booking partners only as necessary to complete your booking. Moodiv8’s booking partners will use and disclose your data only as necessary to complete your Moodiv8 booking. Third-party service suppliers that you select are not controlled by Moodiv8, and any data disclosed to them will be subject to that supplier’s privacy policy and security practices. Therefore, we encourage you to review the privacy policies of any supplier whose products you purchase through Moodiv8.

3.2. To Vendors that Help Moodiv8 Provide the Services. Moodiv8 works with a number of third-party processing partners who help us provide and improve the Services. These partners include cloud-hosting services, data analytics and processing services, communication management (support) services, technology integration partners, survey partners, and payment and fraud-prevention service providers. These third-party processing partners have access to your data only as necessary to perform their functions for Moodiv8, and they are not permitted to share or use your data for any other purpose. They are also required to follow the same data security practices that Moodiv8 employs.

3.3. As Required by Law. Moodiv8 may share information with law enforcement and governmental entities, or in response to legal requests, only when necessary as required by law, or in the good-faith belief that such action is required by law, such as in response to a facially valid judicial, or other governmental entity, order, subpoena or warrant. Moodiv8 may also share information with law enforcement if we have a good-faith belief that such disclosure is necessary to detect, prevent and address fraud, unauthorized use of the Services, violations of our terms or policies, or other harmful or illegal activity.

3.4. For Marketing and Analytics Purposes. When you use the Moodiv8 Services, Moodiv8 may share your device advertising identifier (e.g., IDFA on iOS and GAID on Android) or cookie information, if you have enabled these features, with third parties for the purpose of analyzing the effectiveness of Moodiv8 marketing activities and/or future marketing activities. You can disable and prevent the sharing of this information in your device or browser settings without impacting your ability to use the Services.

4. Your Rights to Your Personal Information. Moodiv8 provides all Users, regardless of your country of residency, with rights to access (receive a copy of), rectify, and/or delete your personal information. You may also object, or withdraw consent, to future processing of your data by Moodiv8. You may make a request to Moodiv8 by emailing us at [email protected], and by subsequently verifying your identity as requested by Moodiv8. Absent exceptional circumstances, there is no fee for such requests and Moodiv8 will respond within thirty (30) days, or otherwise as required by law. Please note that certain Services that require data processing may no longer be available to you following a request for data deletion or cessation of processing.

If you are a resident of Canada, California (United States), or the European Union, you may have additional rights under the Personal Information Protection and Electronic Documents Act (PIPEDA), California Consumer Privacy Act of 2018 (CCPA), and General Data Protection Regulation (GDPR), respectively. These rights are explained in our Supplemental Privacy Notice at the end of this Policy.

5. International Data Transfer.Moodiv8 shares information globally within the Moodiv8 Companies (as defined in our User Terms), including its global subsidiaries, and to the external processing partners and third-party suppliers mentioned above. Your information may, for example, be transferred or transmitted to, or stored and processed in, the United States, Canada, or other countries outside of where you live, as necessary for the purposes as described in this policy and to provide the Services to you. Moodiv8 utilizes standard contract clauses, relies on the European Commission’s adequacy decisions about certain countries, as applicable, and obtains your consent for these data transfers to the United States and other countries. By using the Services, you consent to these international data transfers.
6. Information About Minors. The Moodiv8 Services are not intended for or directed to persons under the age of 16, and we do not knowingly collect personal information from persons under the age of 16 without obtaining parental consent. An adult making a booking on behalf of a person under the age of 16 consents to the collection and use of data about such person. If we learn that personal information has been collected on the Services from persons under 16 years of age and without verifiable consent, then we will take the appropriate steps to delete this information.
7. How Moodiv8 Protects Your Information. Moodiv8 employs industry standard procedures and other accepted best practices to protect the information that we collect, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Moodiv8 therefore cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. If you believe your personal information has been compromised, please contact us as set forth in the “Contact Us” section below.
8. Non-Covered Privacy Practices. Please note that this Policy does not cover the privacy practices relating to the personal information of job applicants, employees and other Moodiv8 personnel. Please refer to those separate websites for applicable privacy policies.
9. Changes to this Policy. Before we make changes to the way we collect, use, and disclose your information, we will make available a revised version of this Policy via the Services. If possible, or where required by law, we will notify you of the change and give you the opportunity to review the revised Policy before you choose to continue using the Services. By continuing to use the Services following publication of any update, you consent to the updated Policy.
10. Contact Us.If you have any questions or comments about this Policy or your personal data, or to make an access, deletion, or correction request, or to exercise any other applicable rights, you can email us at [email protected], or by mail to: Moodiv8, Inc., 286 Houses Corner Road, Sparta, New Jersey 07871.

Supplemental Privacy Notice for Residents of Canada, California (U.S.), and the European Union

This Supplemental Privacy Notice (“Notice”) supplements Moodiv8’s Privacy Policy and explains: (1) how Moodiv8 collects and uses Personal Information with specific reference to the requirements of the Personal Information Protection and Electronic Documents Act (PIPEDA), California Consumer Privacy Act of 2018 (CCPA), and General Data Protection Regulation (GDPR); and; (2) your rights under each of these laws and regulations.

Moodiv8 uses the Personal Information that it collects from you in accordance with our Privacy Policy, and otherwise in accordance with PIPEDA, CCPA, and GDPR. Moodiv8 does not sell your Personal Information. The term “Personal Information,” for purposes of each of the above-referenced Laws, means:

Categories of Information Collected, Used, Shared.

The table below summarizes the categories of Personal Information we may have collected about you over the past 12 months, depending on how you use our Services, as well as how we use it and with whom we may have shared it:

Sources of Information.

Moodiv8 receives Personal Information from you, including information that you provide or from your usage of the Services, and from your device(s). This collection of data is explained in our Privacy Policy. The categories of sources from which we’ve collected or received Personal Information include:

Consumer Rights – California Residents

If you are a California Resident, you have the following rights under the CCPA:

• Right to Access: You have the right to request that Moodiv8 disclose to you the Personal Information that we collect, use, or disclose, and information about our data practices;
• Right to Request Deletion: You have the right to request that Moodiv8 delete your Personal Information that we have collected from you; and
• Right to Non-Discrimination: Moodiv8 will not discriminate against you for exercising any of these rights by either: (a) denying goods or services; (b) charging different prices or rates for goods or services, including through discounts; or (c) providing a different level or quality of goods or services. Please note that deletion of data necessary to the Services (such as bookings and transactions) will make these Services unavailable to you.

Consumer Rights – Canada Residents

If you are a resident of Canada, you have the right under PIPEDA to request from Moodiv8:

• information about the existence, use, and disclosure of your personal information;
• a copy of such information; and
• an account of the use that has been made or is being made of this information and an account of the third parties to which it has been disclosed.

Consumer Rights – European Union Residents

If you are a resident of the European Union, you have the following rights under GDPR:

• Right to Access: You have the right to request that Moodiv8 disclose to you the Personal Information that we collect, use, or disclose, and information about our data practices;
• Right to Request Deletion: You have the right to request that Moodiv8 delete your Personal Information that we have collected from you;
• Right to Rectify: You have the right to request that Moodiv8 correct any of your Personal Information used or stored by Moodiv8;
• Right to Data Portability: You have the right to request the export of electronic data in a reasonable usable form;
• Right to Withdraw Consent, and/or Object to or Restrict Processing: You have the right to request that Moodiv8 cease or restrict its processing of your personal information, in certain circumstances, including where Moodiv8’s processing is based on its legitimate interests rather than your consent.

Moodiv8 collects, uses, processes and discloses personal information based on your consent, for the uses and purposes set forth in Moodiv8’s Privacy Policy, and/or based on Moodiv8’s legitimate interest in delivering, improving, and providing the Services, consistent with the purposes for which you provided the data to Moodiv8. Moodiv8 will store personal information for an indefinite period of time as necessary to continue to provide the Services to you. You also have the right to lodge a complaint about Moodiv8’s data practices with a supervisory authority. For more information, you can visit the European Commission’s page on Data Protection.

Exercising Rights (for residents of California (U.S.), Canada, and the European Union)

You may exercise your rights and make requests for information or deletion by emailing us as [email protected]. Please note that to protect your information and the integrity of our Products, we may need to verify your identity before processing your request. In some cases we may need to collect additional information to verify your identity, such as a government issued ID.

Policy Version 1.0 – Effective Date: April 1, 2021