Please review these terms (the “Agreement”) carefully. By accessing or using the Self-Serve Services offered by SocialMojo Inc. (“SocialMojo”, “we” or “us”), you are confirming that you have read, understand and accept this Agreement. This Agreement can be updated from time to time as set out in Section 37 below. You are responsible for regularly reviewing the most current version of this Agreement, though we will notify you of any changes that, in our sole discretion, materially impact this Agreement. Continued use of the Self-Serve Services after any such changes have been made will constitute your consent to such changes. When we change this Agreement, we will update the “Last Modified” date above.
This Agreement applies to the “Self-Serve Services”, which are services that you access or purchase through our website or mobile as further defined below.
By using our Self-Serve Services, you confirm that:
- You will only use our Self-Serve Services for business and professional reasons;
- You are at least 18 years old or otherwise able to enter into a legally binding agreement;
- You accept and will comply with this Agreement;
- If you are using our Self-Serve Services as a representative of an organization, you have the power to enter into legally binding agreements for the organization; and
- You are responsible for anyone that uses our Self-Serve Services through your account, such as your employees, consultants or contractors (“Authorized Users”).
Terminology
- We use capitalization for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.
“Content” is a generic term that means all information and data (such as text, images, photos, videos, audio and documents) in any format that is uploaded to, downloaded from or appears on our Self-Serve Services.
“Customer Content” is Content that you or your Authorized Users provide to us, or upload to our Self-Serve Services.
“Mentions” are the Content that a third party (in other words, someone other than you, your Authorized Users or SocialMojo) creates and that we obtain on your behalf and at your instruction from Social Networks or other Third-Party Services that you connect to our Self-Serve Services. For example, posts created by your followers that appear on your Facebook page would be considered Mentions.
“Self-Serve Services” means our websites, such as SocialMojo.com (and all its current and future subdomains), and mobile applications, and any services that you access or purchase through our websites or mobile applications, but do not include (a) SocialMojo’s Enterprise and Business plans, which are governed by different terms; or (b) Third-Party Services (see below for how we define those) that you access or use in connection with our services.
“Third-Party Services” are services that are not provided by SocialMojo but that you may access or use in connection with our Self-Serve Services. They include the “Social Networks”, which are the social networking sites supported by our Self-Serve Services (such as Twitter, Facebook, LinkedIn and Instagram), as well as the extensions and applications available in the SocialMojo App Directory.
“you”, “your”, “Customer”, and similar terms mean the person or legal entity accessing or using the Self-Serve Services. For the avoidance of doubt, if you are accessing and using the Self-Serve Services on behalf of a company (such as your employer) or other legal entity, “you”, “your” or “Customer” means the company or other legal entity that you are using the Self-Serve Services on behalf of.
SocialMojo’s Self-Serve Services
- Subject to the rest of this Agreement, we will allow you and your Authorized Users to access and use our Self-Serve Services in the way set out in the plan you subscribed to. You may not use or access the Self-Serve Services in any other way, such as using robots, spiders, crawlers and scraping technologies.
- Our Self-Serve Services evolve constantly. We may change our Self-Serve Services, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our Self-Serve Services.
- Our Self-Serve Services interact with Social Networks and depend on the availability of those Social Networks and the features and functionality they make available to us, which we do not control and may change without notice. If at any time a Social Network stops making some or all of its features or functionality available to us, or available to us on reasonable terms as determined by SocialMojo in its sole discretion (each an “API Change”), we may stop providing access to those features or functionality and we will not be liable to you or any third party for any such change.
Acceptable Use Rules
- You and any Authorized Users using your account must comply with all laws. If we reasonably believe that you have breached the Acceptable Use Rules or any applicable law, we may, at any time and without notice, remove any of your Content and suspend, restrict or terminate your account or your access to the Self-Serve Services.
Customer Content
- You are solely responsible for Customer Content. We may, but do not have to, review, filter, block or remove Content, including Customer Content.
Submitted Content
- If you use the Self-Serve Services for contests or otherwise ask people to submit Content through the Self-Serve Services (“Submitted Content”), you acknowledge and agree that:
(A) the Self-Serve Services do not help you comply with any laws, rules, or regulations that may apply to your collection or use of Submitted Content, which is solely your responsibility; and
(B) we will not be liable to you or any third party for the Submitted Content, and we make no warranty that any Submitted Content obtained or displayed through the Self-Serve Services is accurate or complete.
Account Information
- You are responsible for the completeness, security, confidentiality and accuracy of the account information you provide to us. You will promptly notify us of any unauthorized access to or use of your log-in credentials or account.
Content and Third-Party Services
- We are not responsible for Content provided by others, including Mentions and Content from Third-Party Services (such as Content from Social Networks and Content in apps from the App Directory). You and anyone else who accesses our Self-Serve Services may access Content that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. We will not be liable to you or any third party for Content provided by others.
- If you access or purchase a Third-Party Service through our Self-Serve Services, you do so at your own risk. Your relationship with the Third-Party Service provider is an agreement between you and them. You specifically understand that we are not responsible for Third-Party Services and will not be liable to you or any third party for any losses or damages resulting from your use of Third-Party Services.
- If you access or enable a Third-Party Service, you grant them permission to access or otherwise process your data as required for the operation of the Third-Party Service. We are not responsible for disclosure, use, change to or deletion of your data and will not be liable to you or any third party for access to your data by a Third-Party Service.
- When you access the App Directory and install or use one or more apps available there, you also agree with the app’s terms.
- We may, but do not have to, preview, verify, flag, modify, filter, block or remove Third-Party Services. You must comply with all agreements and other legal requirements that apply to Third-Party Services.
Privacy & Data Protection.
- We may collect certain information about you and individuals associated with you, such as your employees, in connection with your use of the Self-Serve Services. This includes account information, usage data, and customer support questions as further described in our privacy policy. If your use of the Self-Serve Services includes the processing of Content that contains information about European or California individuals, you may enter into a Data Processing Addendum (“DPA”) with SocialMojo by visiting to access a pre-signed SocialMojo DPA. Once we receive your signed DPA, this becomes legally binding and forms a part of this Agreement.
Confidentiality
- If we share non-public information about SocialMojo or our Self-Serve Services with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.
Intellectual Property
- Customer Content. You retain your rights to any Customer Content you submit, post or display on or through the Self-Serve Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, host, run, copy, reproduce, process, adapt, translate, modify, publish, transmit, display and distribute Customer Content for the purposes of providing, supporting, enhancing, and developing our products and services.
- Feedback. We welcome your suggestions, comments, bug reports, feature requests or other feedback (“Feedback”). We do not have to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant SocialMojo a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use the Feedback for any purpose.
- Self-Serve Services. We keep all rights and interests in our Self-Serve Services. The Self-Serve Services contain Content owned or licensed by SocialMojo (“SocialMojo Content”). SocialMojo Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and SocialMojo, we own and retain all rights in the Self-Serve Services and in any SocialMojo Content.
Payment Terms, Trials and Renewal
- Fees and Trials. You must pay all fees for the Self-Serve Services you purchase, except for Self-Serve Services that we expressly offer free of charge. If you sign up for a free trial of a paid Self-Serve Service, we may require you to provide a valid credit card or other payment method. We will charge you automatically on the first day after the free trial is over, unless you cancel or downgrade to a charge-free service and uninstall any paid apps before the end of the free-trial period.
- Paid Services. These apply to your purchase of any paid Self-Serve Services:
20.1 Payment for Paid Services. For Paid Services, you must provide us with a valid credit card or other form of electronic payment (such as PayPal). We will automatically charge you based on your chosen plan (monthly or yearly as you select for Professional or Team plans; yearly for Enterprise Services). We will share your account information with financial institutions and payment processing companies, including your submitted payment information, to process your purchase.
20.2 Terms; Prices; Payment Methods. Subscription to our plans are for fixed terms, and the associated fees payable for Paid Services are non-refundable. Prices for Paid Services are subject to change on 30 days’ notice, provided that no price change will apply during your then-current subscription term (monthly or annual as applicable). Depending on where you live, foreign exchange fees or differences in prices may apply, including because of exchange rates. We do not support all payment methods, currencies or locations for payment. If the payment method you use is no longer valid (such as a credit card that has expired) and you do not edit your payment information or cancel or downgrade your account to a plan that is free of charge, you authorize us to keep billing you for our Paid Services and you remain responsible for uncollected amounts.
20.3 Unpaid Fees. If you owe us any unpaid fees, we may suspend your access to our Paid Services without prior notice until you pay us in full. Your obligation to pay fees continues through to the end of the period (monthly or annual as applicable) in which you cancel or downgrade your plan.
- Auto-Renewal of Self-Serve Services. Self-Serve Services plans will renew automatically at the end of the term (which may be monthly or annually, depending on the plan you chose when you purchased our Self-Serve Services), and we will automatically bill you on renewal unless you cancel or downgrade our Self-Serve Services under Section 23 below.
- Taxes. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method.
Cancellation and Termination of Self-Serve Services
- You may cancel or downgrade your Self-Serve Services plan at any time. If you cancel (or downgrade) paid Self-Serve Services, you must continue to pay for the rest of your plan term and you are not entitled to a refund.
- We may refuse to provide service (including the Self-Serve Services) to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Self-Serve Services for any reason, at any time, without notifying you in advance. If we terminate this Agreement because you violated the Acceptable Use Rules or any other part of this Agreement, you will not receive a refund. If we terminate your access to the Self-Serve Services under this section for no reason, we will refund you for the Self-Serve Services you have not yet received.
Disclaimer of Warranties and Limitation of Liability
- We offer our Self-Serve Services “as is” and are not making any warranties, conditions, representations or guarantees of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality and non-infringement, that our Self-Serve Services will meet your requirements or that our Self-Serve Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. Use our Self-Serve Services at your own risk. You hereby release us and our affiliates and the directors, officers, employees, agents, licensors and service providers of SocialMojo and our affiliates (the “SocialMojo Parties”) from any claims, known or unknown, you have against them.
- We will not be liable for indirect, punitive, incidental, special, consequential or exemplary damages, or for loss of profits, goodwill or data or other intangible losses, that result from the use of, or inability to use, our Self-Serve Services or any other aspect of this Agreement. Under no circumstances will we be liable for any Third-Party Services, Social Networks or activities of third parties, any connection to or transmission from the Internet, or for any damage, loss or injury resulting from hacking, tampering, theft or other unauthorized access to or use of our Self-Serve Services or your account or the information contained in your account, including Customer Content.
- Our aggregate liability to you for all losses or damages arising out of this Agreement or your use of our Self-Serve Services, even if we have been advised of the possibility of such losses, will not exceed the greater of the fees we received from you for our Self-Serve Services that are subject to the claim during the three-month period immediately preceding the date on which the damages arose and USD$100. The limitations of liability in this section also apply to the SocialMojo Parties and to claims brought based on any cause of action, including breach of contract, tort (including negligence), statute or other legal or equitable theory. If there is a law that limits how the limitation of liability in this section applies to you, our liability will be limited to the fullest extent permitted by law.
- No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this Agreement.
- Our prices are set based on limitations of liability and the disclaimers of warranties in this section. You acknowledge that they will survive and apply even if found to have failed their essential purpose.
- If you are dissatisfied with our Self-Serve Services or believe that you’ve been harmed by your use of our Self-Serve Services or this Agreement, you may terminate your use of our Self-Serve Services (as set out above). That termination is your sole and exclusive remedy (and our sole and exclusive liability) under this Agreement.
Claims and Disputes
- The laws of the Province of British Columbia and Canadian law applicable in British Columbia will govern any dispute, cause of action or claim arising out of this Agreement or your use of our Self-Serve Services, including against any SocialMojo Party (“Dispute”), without giving effect to conflict-of-law principles.
- You will indemnify and hold harmless the SocialMojo Parties from and against all losses, damages, penalties, liability and costs, including reasonable legal fees, of any kind or nature related to any claim against a SocialMojo Party related to: (a) Customer Content or Submitted Content; (b) your breach of this Agreement or any laws; or (c) your use of our Self-Serve Services or any Third-Party Services (including your breach of terms for any Third-Party Services).
- If you breach this Agreement or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.
- If you have any kind of Dispute with us, the exclusive means of resolving it will be by confidential, binding arbitration before a single arbitrator chosen by you and SocialMojo.
- Any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. SocialMojo and you each waive any right to a trial by jury.
Miscellaneous
- Export Compliance. You will not use or access our Self-Serve Services if you are located in any jurisdiction in which the provision of our Self-Serve Services is prohibited under EU, Canadian, U.S. or other laws (a “Prohibited Jurisdiction”) and you will not provide access to our Self-Serve Services to any government, entity or individual located in any Prohibited Jurisdiction. You confirm that you are not named on any EU or Canadian or U.S. government list of persons or entities prohibited from transaction with any Canadian or U.S. person; (b) you are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) you will not allow Authorized Users to access or use our Self-Serve Services in violation of any EU or Canadian, U.S. or other export embargoes, prohibitions or restrictions; and (d) you will comply with all laws regarding the transmission of data exported from the country in which you (or your Authorized Users) are located to Canada and the United States.
- Amendment. We may change any part of this Agreement (including any terms or documents incorporated by reference in this Agreement) at any time by posting the revised terms on the SocialMojo website, and your use of the Self-Serve Services after the effective date of the updated Agreement or other terms constitutes your agreement to the updated Agreement or other terms, as applicable. It is important for you to review this Agreement before using our Self-Serve Services and from time to time. The updated Agreement will be effective as of the time of posting, or on such later date as may be specified in the updated Agreement, and will apply to your use of the Self-Serve Services from that point forward.
- Assignment. You may not assign your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity.
- Severability. If a court finds part of this Agreement to be invalid, the rest will continue to apply with the minimum changes required to remove the invalid part.
- Force Majeure. We will not be liable to you or any third party for any failure to perform our obligations under this Agreement if that failure results from any cause beyond our control, such as the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks or other acts of hackers; Internet or network failures or interruptions; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts; or if another person (including a Social Network) changes their services or terms or no longer offers their services to you or SocialMojo on terms we believe are reasonable.
- Remedies. If we fail to enforce this Agreement, we are not waiving our right to do so. Any remedies we have under this Agreement are not exclusive of any other remedies we may have under this Agreement, at law or otherwise.
- Notices to You. SocialMojo may give notice to you by placing a banner notice on the SocialMojo platform or SocialMojo’s website. We may also contact you or your Authorized Users through your SocialMojo account or contact information you provide, such as email or telephone or through your account on one or more Social Networks. If you fail to maintain accurate account information, such as contact information, you may not receive critical information about our Self-Serve Services or this Agreement.
- Notices to SocialMojo. For any notice to SocialMojo that you give under or regarding this Agreement, you must notify SocialMojo by email to [email protected] with a duplicate copy sent via registered mail to the following address: SocialMojo – R. Dr. Gomes Leal, 3-A, 2560-331 Torres Vedras – Portugal; Attention: Legal Department.
- Entire Agreement. This Agreement, including the other documents referred to as applicable to the Self-Serve Services in this Agreement, is the entire agreement between you and SocialMojo for your use of our Self-Serve Services. Any prior understandings, statements or and agreements (oral or written) do not apply, including additional terms that you may present (such as terms in a unilateral notice from you to us or printed on a purchase order or any other document generated by you). This Agreement is binding on the parties and their permitted successors and assigns.
SocialMojo Inc. and its affiliates (collectively, “SocialMojo”) are committed to protecting your privacy and complying with applicable data protection laws. This Privacy Policy outlines how SocialMojo collects, uses, discloses, and safeguards information about you in connection with our SocialMojo and SocialTemple Services, websites, and other interactions with you. We also describe the choices you have about your information.
- Our Services
SocialMojo Services
SocialMojo’s suite of social media management and social care tools are accessible via our websites and mobile applications. These tools allow you to bring together all of your social media accounts for easy access and management through a single online platform. Through this platform, you can manage your social media, marketing, and advertising campaigns; engage with your audiences, schedule and publish messages, manage customer care communications, and analyze the results of these activities.
SocialTemple Services
SocialTemple’s social customer service solutions are provided by SocialTemple are accessible via our websites. This solution allows you to unify your customer conversations in an interactive dashboard to manage your customer care activities. Our solution has numerous product integrations including WhatsApp Business, Facebook, Instagram, Twitter, live chat, and SMS.
Collectively, we refer to the SocialMojo and SocialTemple tools as our “Services”. We are acting as a service provider to you when we provide the Services.
Social Networks
Any collection, use, and management of personal information by the social networks, including Facebook, Instagram, Twitter, LinkedIn, and TikTok (collectively, the “Social Networks”) are governed by their respective privacy policies and terms. When using Social Networks, you are required to comply with their privacy policies and terms. We recommend you carefully review their privacy policies and terms, as SocialMojo is not responsible for the Social Networks.
Third-party Services
Our Services also enable you to customize and connect your SocialMojo account to third-party services (“Third-Party Services”), including through apps you can access in the app directory or which may be available to you via our platform. The collection of your information by these third parties is governed by the respective Third-Party Services’ privacy policies and terms. We recommend you carefully review their privacy policies and terms, as SocialMojo is not responsible for Third-Party Services.
Your Privacy Obligations
We rely on you to comply with applicable privacy laws when collecting, using, or disclosing information about individuals through the Services, including obtaining any necessary consents and providing any necessary notices. If we receive any questions or complaints regarding your use of the Services, we will direct the request to you for further assistance.
Business Purposes
Our Services are not intended for use by children and should only be accessed by individuals who are at least 18 years old and are using the Services for business purposes.
- What information do we collect?
We collect information about you as reasonably necessary for the following activities:
Using our Services
We may collect the following information when you use our Services:
Account information:
Your contact and profile information including your name, email address, organization name, and address; your preferences such as language, time zone, and the types of communications you would like to receive from us; and image (if you choose to provide this). We may also obtain this information if you choose to use a social login service, such as Facebook Login, to create or access your account.
Billing and other payment information (if you sign up for a paid service or purchase a Third-Party Service), including payment method details, such as credit card number.
The Services you have acquired from us, including the type of plan, number of team members, and transaction information related to the Services.
Content:
Your social profile information for Social Networks you choose to connect to the Services. For example, your Facebook profile information may include your Facebook username and profile image.
A specific location such as an address, a city, or a place (for example, a restaurant) if you choose to share this information.
Your messages, posts, comments, images, advertising, and other material you curate on and upload to the Services; and information that is collected from the Social Networks that you choose to connect to and which is displayed on our Services.
Social media content and other user generated content (for example, posts, comments, pages, profiles, likes, feeds)
Messaging content that individuals choose to share (for example, social media messages, in-app messages)
Social media and messaging metadata (for example, number of social media followers, number of posts, number of tweets)
Content that you may send and receive through Social Networks and other messaging services, such as SMS, may contain personal information of third parties. This may include information such as: names, photos, age, gender, geographic location, opinions, preferences, and phone numbers that are provided or posted by social media users.
Logs, usage, and support data:
Log data, which may include your IP address, the address of the web page you visited before using the Services, your browser type and settings, your device information (such as make, model, and OS), the date and time when you used the Services, information about your browser configuration, language preferences, unique identifiers, and cookies.
Usage data and analytics, which may include the frequency of login, and the different types of activity undertaken by users such as frequently accessed areas of the Services.
General Location information, such as IP address and the region in which you are located when you are logging in and using the Services, in accordance with the settings on your device.
Customer support questions, issues, and general feedback that you choose to provide.
Surveys, events, marketing and other activities
Surveys, contests, events (such as webinars and in-person events) for those we host or are affiliated with:
Contact information, such as your name, email address, telephone number, organization name and address.
Participation, attendance, feedback and opinions.
General information about your organization that you choose to provide, such as annual company revenue, number of employees, and industry. We may also use service providers to obtain additional business-related information about your organization such as the legal name, size, and publicly available revenue, to assist us in offering services that are appropriate to your organization’s needs.
Other interactions:
Social media: Your messages, posts and other interactions with our brand and social media accounts.
Email interactions and analytics: Information on how you engage with our emails such as email open and click rates, whether a link is clicked, which web pages are visited after opening the email, the type of browser and email clients you use, and general location (i.e. country and region) information.
Teleconference, videoconference, and other meetings: Your preferences, feedback, opinions and business needs; and recordings of these sessions if you agree.
Accessing resources (e.g. videos, whitepapers or case studies) on our website: Your name and contact information, and engagement analytics such as the type and frequency of resources accessed, viewed and downloaded.
Browsing our websites
When you browse our websites, we collect information about you as described below, some of which is collected automatically:
When you use automated chat functionality (chatbots) to make an inquiry, provide feedback, or make another request, we may collect information about you such as your name and email address, your specific feedback or request, and information related to your use of our Services.
SocialMojo and our authorized service providers use cookies and other similar tracking technologies on our websites and Services including web beacons, pixels, and software tokens. These are described in our cookies notice.
Website usage data including engagement rate, the address of the previous web page that directed you to our website, browser type, session experience and replay, and mouse movements.
- How do we use your information?
We use your information for the purposes described below:
Providing and securing our Services
We need to identify and authenticate our users to ensure, for example, that only those authorized users are able to use the Services for their organization, and to make changes to their accounts.
We use information that you provide when signing up to set up your account, process payments, contact you regarding the Services, and manage your account.
We use your contact information and information related to your request to respond to your inquiries, manage our contract with you, respond to your questions and requests, and send you updates and information about the Services.
We use logging and other data such as general location information—for example, the IP address of your browser or device, to help us manage the performance, security and compliance of the Services.
Where you have chosen to share your specific location information, we use this information to provide location based features, such as enabling you to share your location on your posts for Social Networks that support this functionality, and to use any functionality that relies on location information.
We analyze your information, including usage information, social media metadata, your feedback, support queries, and survey responses to identify issues and help us understand how you use the Services so that we can make improvements to our Services and to provide aggregated user analytics, insights and measurement reports.
We use Content, information that you send and receive through Social Networks, and other information from these Social Networks (such as your messages, posts, comments, images, advertising, and other material you curate on and upload to the Services) in order to provide the Services.
Communicating with you
We use your contact information where appropriate to send you information about our Services, events, marketing communications and job opportunities.
We use email statistics, such as open rates, to assess the effectiveness of, and to make improvements to our communications. We also use engagement analytics to better understand your needs so that we can provide the information and services that would be more suitable for you.
Improving our websites and applications
We use information about you to help us understand usage patterns and other activities on our websites and applications so that we can diagnose problems and make improvements, including enhancing usability and security. We also use website personalization software to help us present information on our websites that may be more relevant to you, such as displaying resources applicable to your industry or organization size.
If you choose to provide information about you, your usage of social media services and other feedback during telephone calls and other interactions to our customer support and sales teams, we may use, monitor, and record this information for training purposes, to make improvements to our internal sales and marketing processes, and to improve our Services.
- What are your rights regarding the information about you?
Services information
When using our Services, you may access, update, or correct most of your Account information by logging in to your account to edit your profile or organization record.
In SocialMojo and in the SocialTemple services, you can also delete a contact, which is an individual who has contacted you through these services. When you delete a contact, their conversation history, attachments, and contact attributes are permanently removed from these services.
If you have requests that cannot be carried out by logging in to your account, such as accessing additional information or deleting information about you, for the SocialMojo services, please email our [email protected]; or for the SocialTemple services, please email [email protected]. Please note that we may need to retain certain information about you for as long as you maintain an account for our Services, to provide you with our Services, for record keeping purposes, for payment processing, to comply with our legal and regulatory obligations or to resolve disputes.
If you have authorized us to access your Social Network account to provide the Services, you may revoke this access at any time by following the instructions . For example, if you have authorized us to access your information via the YouTube API services, in addition to our normal procedure for deleting stored data, you may revoke our access to your data via the Google security settings page.
You can contact our Support team for other general requests about your account.
Marketing emails, advertising and website browsing
For marketing communications, you may opt out of marketing communications sent by SocialMojo by accessing our , by clicking on the unsubscribe link in the marketing email you receive, or Please note that if you are a SocialMojo or SocialTemple user, unsubscribing from marketing communications will not affect product-generated emails sent in connection with your use of our Services.
For more information on how to opt out of marketing cookies, review our cookie notice.
- Who has access to your information?
SocialMojo does not rent or sell your information. We restrict access to your information to authorized employees and we do not share your information with third parties except in the circumstances explained below.
Employees and Authorized Contractors
Our employees and authorized contractors may need to access information about you when they require this information to perform their job. For example, a customer support representative would need access to your account to validate your identity and respond to your question or request; our email communications team would need access to your contact information to ensure this information is sent correctly and any unsubscribe requests are properly managed; and our security staff would need to review information to investigate attempted denial of service attacks, fraudulent account activity, or other attempts to compromise the Services.
All our employees and contractors are required to agree to maintain the confidentiality and protect the privacy of your information.
Service Providers, Authorized Resellers, and Partners
We will share limited information about you to authorized service providers we use for marketing services, communicating with you, managing our customer database, the provision of professional services, and providing and managing the Services (including hosting data centers, securing our Services, and payment processing).
We limit the number of service providers who are permitted to process your Content for the purpose of assisting us in delivering the Services. We refer to these service providers as “subprocessors”.
Where you have purchased a service from an authorized reseller or partner, we may provide information about you to (and may receive information about you from) the reseller or partner as necessary to support your use of the service you purchased.
When sharing your information with any of the above service providers, resellers and partners, we ensure they agree to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and only use your information to carry out the Services and your requests.
We may also participate in and run marketing events (e.g. conferences, webinars, and provide resources) with sponsors and other organizations. Where the sponsors or other organizations wish to collect your information for their marketing purposes, while we may facilitate this (e.g. information may be collected on the same registration form), they will be doing so independently under their own policies. We will advise you and provide you an opportunity for you to share your information with the sponsors or other organizations for such purposes, either upon registration or during the event.
Social Networks and Third-Party Services
Where you are using our Services and have chosen to connect your Social Networks to the Services, or if you authorize a Third-Party Service to access your account, you are agreeing to provide information about you to the Social Networks and the Third-Party Services under their respective terms and privacy policies. For example, if you choose to connect your YouTube account to the Services, this connection uses YouTube’s API services, and the Google Privacy Policy will apply to you.
Customer Organizations
Where your employer or an entity has purchased Services on your behalf, we may disclose information about you such as your name and email address, and some usage information including whether a user has logged in to the Service, frequency of login, time spent using the Services, and enrollment and completion of SocialMojo Academy courses to assist your employer or the entity in managing its use and maximizing the value of the Services.
Successor and Affiliated Entities
We may share information about you among SocialMojo-controlled affiliates and subsidiaries, and they will protect your information in a manner that is consistent with this Privacy Policy and where applicable, in accordance with the privacy policy specific to the entity.
We may also disclose your information as part of a corporate transaction such as a merger or sale of assets. If we do, we will inform such entities of the requirement to handle your information in accordance with this Privacy Policy, or inform you that you are covered by a new privacy policy.
Law Enforcement, Government Agencies, and Professional Advisors
We may need to disclose information about you where we believe that it is reasonably necessary to comply with a law or regulation, or if we are otherwise legally required to do so, such as in response to a court order or legal process, or to establish, protect, or exercise our legal rights or to defend against legal claims or demands. For governmental data access requests concerning you or your organization, we would first attempt to redirect the request to you and/or we would first attempt to notify you unless we are legally prohibited from doing so.
In addition, we may disclose information about you if we believe it is necessary to investigate, prevent, or take action: (a) against illegal activities, fraud, situations involving potential threats to our rights or property (or to the rights or property of those who use our Services), or to protect the personal safety of any person; or (b) regarding situations that involve the security of our Services, abuse of the Services infrastructure, or the Internet in general (such as voluminous spamming, or denial of service attacks).
We also use professional advisors, including lawyers and accountants, and may be required to disclose information about you when engaging them for their services and as necessary for audits, financial and other regulatory reviews.
- What international data transfers occur at SocialMojo?
Under the General Data Protection Regulation (GDPR) and other data protection laws, information about you may only be transferred from your region to other regions if certain requirements are met. For instance, under the GDPR, information about you may be transferred from the European Economic Area (EEA) to outside the EEA if adequate data protections are in place.
Our Services are managed by SocialMojo’s headquarters in Canada. As the European Commission considers Canada to be a country which provides adequate data protection, information about you may be transferred from the EEA to Canada. For the SocialTemple services, we also manage our services from our European entity, SocialTemple Europe NV. Amongst the SocialMojo corporate entities, we have incorporated appropriate data transfer mechanisms permitted under European data protection laws.
SocialMojo also uses third-party service providers, such as managed hosting providers, credit card processors, and technology partners to provide the software, networking, infrastructure and other services required to operate the Services. These third-party providers may process or store personal data on servers outside of the EEA, UK, and Switzerland, including in Canada or the US. We rely on adequacy (if sent to Canada) and standard contractual clauses (if sent to the US or onward to other countries) to ensure that information about you is lawfully transferred under EU law. In this case, we have implemented supplementary measures as outlined in the section 7.
By its nature, social media data can be shared with people around the globe. The Social Networks and Third-Party Services that you choose to integrate with our Services may collect, store, and process your information from various locations around the world according to their own terms and privacy policies.
- How do we safeguard your information?
SocialMojo maintains industry standard security safeguards to protect your information. This includes ensuring our employees receive appropriate security and privacy training and guidance so they are aware of the measures they need to implement to protect your information.
Access controls are in place to limit access to your information to those who need it to perform their jobs. For example, information about you may be provided to our customer support specialists to help you with your requests. Individuals who are permitted to handle your information must adhere to confidentiality obligations.
We encrypt data in transit and at rest, where appropriate, to ensure that your information is kept private. We undertake service provider security and privacy reviews to ensure that service providers follow our stringent requirements to safeguard your information, and we also enter into data protection agreements with our service providers.
- How long do we retain your information?
In general for the SocialMojo Services, we do not permanently store Content from Social Networks. Rather, when you login to the Services, we retrieve data from Social Networks in real time so that it is displayed in the platform for viewing during your session. We store other Content that you produce (such as draft Content for publication on Social Networks) so that you can easily access this material on the Services.
Messages in Inbox are stored for 6 weeks to enable you to take any action required, such as replying to messages. SocialMojo Analytics products such as Analytics and Insights will store mentions related to our customers from social media audiences for up to 25 months to allow our customers to conduct trending and analysis. More information on data retention for specific products can be found in the .
Aggregated data is used by SocialMojo for analysis, product improvement, and troubleshooting purposes. In some cases, Content may continue to exist on the Social Networks even after you or we delete it from our Services, and you will need to contact the relevant Social Network directly if you want it to remove this Content.
We retain your information as long as required to provide the Services requested by you, for record keeping purposes, to comply with our legal obligations, resolve disputes, and enforce the terms for the Services. After it is no longer necessary for us to retain information about you, or otherwise upon your request, we will dispose of it in a secure manner or anonymize the information.
- SocialMojo’s roles under the GDPR and UK data protection laws
Depending on the situation and the type of data involved, SocialMojo may act as a data controller or a data processor.
SocialMojo as a data controller
SocialMojo may act as a data controller when we are:
Collecting information from you to set up and administer your SocialMojo account (for example, Account information such as your name and email address);
Monitoring usage information on our website;
Managing your contact and other related information to send marketing, Services, and other communications to you;
Responding to a support or general inquiry; and
Recruiting individuals for job opportunities.
Legal bases for processing when SocialMojo is a data controller
The legal bases for processing information about you include:
Your consent (for example, when you have provided your information to sign up for an account or for a webinar; or you have provided your employment history when applying for a job). Where we rely on your consent to process personal data, you have the right to withdraw your consent at any time.
It is necessary to perform a contract (for example, we may need your information to fulfill our obligations of providing Services to you under the terms relevant to the Services you have acquired).
Legitimate interest (for example, to provide, maintain and improve the Services for you, to maintain the security of the Services, and to attract new customers to maintain demand for the Services, all of which are described in the section 3).
In some cases, we may have a legal obligation to process your personal data to comply with relevant laws (for example, processing payroll and tax information to comply with relevant employment and tax legislation); or processing is necessary to protect your vital interests or those of another person (for example, obtaining health-related information during a medical emergency).
Your rights when SocialMojo is a data controller
Where SocialMojo is acting as a data controller, we have outlined certain rights in the section 4.
In addition, you may have the following rights:
Right to object to processing: you may request that SocialMojo stops processing information about you (for example, to stop sending you marketing communications).
Right to restrict processing: you may request that we restrict processing information about you (for example, where you believe that this information is inaccurate).
Right to data portability: you may request that we provide you with information SocialMojo has about you in a structured, machine-readable, and commonly used format, and you may request that we transfer this information to another data controller.
If you would like assistance on any of the above requests, please email our , or for the SocialTemple services, please email , with details of your request.
SocialMojo as a data processor
Where you are using our Services and making decisions about the personal data that is being processed in the Services (including selecting the Social Network accounts you wish to connect to the Services, or uploading and using Content), you are acting as a data controller and SocialMojo is acting as a data processor.
There are certain obligations under the GDPR that you have as a data controller, including being responsible for managing Content on the Services. As a data processor, SocialMojo will only access and process Content to provide you with the Services in accordance with your instructions (which you provide through the Services), the Terms of Service, the Social Networks’ terms, and applicable laws. As part of delivering the Services, we may process Content to further improve the Services, such as enhancing usability and developing new features.
If you, as a data controller, require SocialMojo to agree to data protection requirements under Article 28, GDPR, or under UK data protection laws, SocialMojo makes available a data processing addendum that meets these requirements.
If you are using the Services as an authorized user of a SocialMojo customer (whether that customer is your employer, another organization, or an individual), that customer determines its own policies (if any) regarding storage, access, modification, deletion, sharing, and retention of personal data and Content, which may apply to your use of the Services. Please check with that customer about the policies and settings it has in place.
- Your California Privacy Rights
If you are a consumer as defined in the California Consumer Privacy Act (CCPA) and as amended by the California Privacy Rights Act (CPRA) (collectively, “California Privacy Laws’), the following provisions apply to you. Definitions of terms are set out in the California Privacy Laws.
Information about your Personal Information
The categories and specific types of personal information collected and sources from which personal information are collected are set out on section 2.
The business and commercial purposes for collecting personal information are set on section 3.
The categories of third parties with whom your information is shared are set out on section 5.
Your Rights
We have outlined certain rights in the section 4.
Under the California Privacy Laws, you may have the following specific rights:
The right to know about the personal information collected about you, which we have set out under section 10.
The right to have your personal information deleted.
The right to correct inaccurate personal information.
The right not to be discriminated against for exercising consumer rights under California Privacy Laws
You may access, update, or correct most of your Account information by logging in to your account; or you may exercise your rights by emailing [email protected]
While we disclose personal information to service providers for the purpose of managing our relationship with you (e.g. distributing marketing communications) and providing the Services, we do not sell your personal information.
- Changes to this Privacy Policy
We may make changes to this privacy policy at any time to reflect updates to our Services, applicable laws, and other factors. We will include a prominent notice on this website and/or our Services if we make any material changes, but we encourage you to stay informed by reviewing this policy periodically.
- How to contact us
If you have any questions, concerns or feedback, please email our Privacy team and Privacy Officer/Data Protection Officer an [email protected] or send a letter to:
SocialMojo
Dr. Gomes Leal, 3-A
2560-331 Torres Vedras
Portugal
Attn: SocialMojo Privacy Team
If we are unable to resolve your concerns, you also have the right to contact your local data protection authority.