This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use Moth+Flame's Promise Learning application (henceforth the Application) as an Anonymous user and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Application. By using the Application, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Application or parts of our Application.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Application means the software program provided by the Company downloaded by You on any electronic device, named Promise Learning.

• Anonymous means that Your identity is unknown and the data recorded on your Device cannot be traced back to You personally.

• Business, for the purpose of the CCPA (California Consumer Privacy Act) and the General Data Protection Regulation (EU GDPR), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California or in the European Union.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Moth+Flame, Inc.

• Consumer means a natural person who is using the Application. 

• Country refers to: New York, United States

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.

• Personal Data is any information that relates to an identified or identifiable individual.

  For the purposes of the CCPA and GDPR, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

• Sale, for the purpose of the CCPA (California Consumer Privacy Act) and General Data Protection Regulation (EU GDPR), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.

• Service refers to the Promise Learning Application.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Application, to provide the Application on behalf of the Company, to perform services related to the Application, or to assist the Company in analyzing how the Application is used.

• Usage Data refers to data collected automatically, either generated by the use of the Application or from the Service infrastructure itself (for example, the duration of a page visit).

• You means the individual accessing or using the Application, or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected While Using Our Application

Personal Data

While using Our Application as an Anonymous user, We will not ask You to provide Us with any personally identifiable information that can be used to contact or identify You. The information that we collect by Your use of the Application is associated with Your Device. When We have indicated that Your use of the Application is Anonymous, and We record the interactions You have with our Application on your device, Our Application does not store any data that would be considered Personal Data tied to your identity.

Usage Data

The Company does not retain any Personal Data when You are an Anonymous user.

Usage Data is collected automatically when using the Application.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Application that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Application by or through a mobile Device, We may collect certain information automatically, including, but not limited to, the type of mobile Device You use, Your mobile Device unique ID (which is not tied to Your identity, is generated by the Application when the Device is registered, and cannot be used to track any other details about the Device other than the Device's activity in the Application), the IP address of Your mobile Device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Application or when You access the Application by or through a mobile device.

Retention of Your Anonymous Usage Data

There is no Personal Data retained by the Application when You are an Anonymous user.

The Company will also retain Anonymous Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Application, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Anonymous Usage Data

There is no Personal Data collected by this Application when You are an Anonymous user.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement that Anonymous Usage Data is not considered Personal Data.

The Company will take all steps reasonably necessary to ensure that Your Anonymous Usage Data is treated securely and in accordance with this Privacy Policy and no transfer of Your Anonymous Usage Data will take place to an organization or a country unless there are adequate controls in place including the security of Your Anonymous Usage Data.

Disclosure of Your Anonymous Usage Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Anonymous Usage Data may be transferred.

Other legal requirements

The Company may disclose Your Anonymous Usge Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Application
• Protect the personal safety of Users of the Application or the public
• Protect against legal liability

Security of Your Anonymous Usage Data

The security of Your Anonymous Usage Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Anonymous Usage Data, We cannot guarantee its absolute security.

Privacy

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Device. The following is a list of categories of personal information which we may collect or may have been collected from You within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

• Category A: Identifiers.

  Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.

  Collected: No, other than a unique Device identifier that cannot be tied to Your identity.

• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

  Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

  Collected: No.

• Category C: Protected classification characteristics under California or federal law.

  Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

  Collected: Yes, but Anonymous.

• Category D: Commercial information.

  Examples: Records and history of products or services purchased or considered.

  Collected: No.

• Category E: Biometric information.

  Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

  Collected: No.

• Category F: Internet or other similar network activity.

  Examples: Interaction with our Application or advertisement.

  Collected: Yes.

• Category G: Geolocation data.

  Examples: Approximate physical location.

  Collected: No.

• Category H: Sensory data.

  Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

  Collected: No. Any such information You provide is retained only on Your Device.

• Category I: Professional or employment-related information.

  Examples: Current or past job history or performance evaluations.

  Collected: No.

• Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

  Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

  Collected: No.

• Category K: Inferences drawn from other personal information.

  Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

  Collected: No.

Personal information does not include:

• Publicly available information from government records
• Deidentified, Anonymous, or aggregated consumer information
• Information excluded from the CCPA's and GDPR's scope, such as:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994

Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from You. For example, from the forms You complete on our Application, preferences You express or provide through our Application.
• Indirectly from You. For example, from observing Your activity on our Application.
• Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Application.
• From Service Providers. For example, or other third-party vendors that We use to provide the Application to You.

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Application does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Children's Privacy

Our Application does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Application may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By visiting this page on our website: http://mothandflamevr.com