Privacy Policy

MOXIEGTM DATA ANALYTICS AND AUDIENCE TARGETING SERVICES AGREEMENT

This Data Analytics and Audience Targeting Services Agreement (“Agreement”) is entered into as of 7/8/25, by MoxieGTM LLC, a company incorporated under the laws of the State of Texas, with its principal place of business at 539 West Commerce Street, Dallas, Texas 75208 (“Service Provider”)

1. INTRODUCTION AND SCOPE OF SERVICES

1.1 Services Provided
MoxieGTM (the “Service Provider”) provides data analytics and audience targeting services (“Services”) as a reseller of data obtained from third-party data providers. The Services include but are not limited to the collection of user data, analysis of intent signals, and delivery of actionable insights based on the engagement and interaction of users with digital content.

1.2 Third-Party Data Providers
The data utilized in the Services is sourced from the following third-party data providers: The Swarm, Lead Pipe, and Persana (collectively, the “Data Providers”). MoxieGTM contracts with these Data Providers, who represent that they comply with all applicable data privacy and protection laws.

1.3 Links to Compliance Documents
For more information on the compliance practices of the Data Providers, please refer to the following links to their respective compliance documents:

Lead Pipe: https://www.leadpipe.com/policy
Bitscale: https://bitscale.ai/privacy
The Swarm: https://www.theswarm.com/product/safety-center
Expandi: https://expandi.io/privacy-notice/
Apify: https://docs.apify.com/legal/privacy-policy

1.4 Scope
This Agreement outlines the terms and conditions under which MoxieGTM will provide the Services to the Client. The Client agrees to use the Services solely for its internal business purposes in accordance with this Agreement.

1.5 Business Relationship

Service Provider is an independent contractor and is not employee, partner, or co-ventures of, or in any other service relationship with, the Client. The manner in which Service Provider’s services are rendered shall be within Service Provider’s sole control and discretion. Consultant is not authorized to speak for, represent, or obligate the Client in any manner without the prior express written authorization from an officer of the Client.

Service Provider shall be responsible for all taxes arising from compensation and other amounts paid under this Agreement and shall be responsible for all payroll taxes and fringe benefits of Service Provider’s employees. Neither federal, nor state, nor local income tax, nor payroll tax of any kind, shall be withheld or paid by the Client on behalf of Service Provider or their employees. Service Provider understands that they are responsible to pay, according to law, Service Provider’s taxes. Service Provider will not be eligible for, and shall not participate in, any employee pension, health, welfare, or other fringe benefit plan of the Client.

2. DEFINITIONS

“Data” means any information collected, processed, or stored by MoxieGTM in connection with this Agreement, including but not limited to user interaction data, intent signals, and contact-level information.
“Opt-In” means the explicit consent provided by users allowing the collection and processing of their data.
“User” refers to any individual whose data is collected by MoxieGTM.
“Service Provider” refers to MoxieGTM.
“Client” refers to [Client Name].
“Data Providers” refers to The Swarm, Lead Pipe, and Persana.
“Third Party” refers to any entity other than the Service Provider, Data Providers, or the Client.

3. DATA PRIVACY AND SECURITY COMPLIANCE

3.1 Reliance on Data Providers for Compliance
MoxieGTM relies on the representations of its Data Providers, who have stated that they comply with all applicable data privacy and protection laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Federal Trade Commission (FTC) Act, Children’s Online Privacy Protection Act (COPPA), and the CAN-SPAM Act.

3.2 Opt-Out Procedures
Users can exercise their right to opt-out of data processing in compliance with CCPA by contacting MoxieGTM at richard@moxiegtm.com. Upon receiving an opt-out request, MoxieGTM will cease any further processing of the user’s data.

3.3 Minors' Policy

Our service does not address anyone under the age of 18 ("Minors"). We do not knowingly collect personally identifiable information from Minors.

4. DATA HANDLING, RETENTION, AND DELETION

4.1 Data Handling
Data collected is handled by the Data Providers and processed by MoxieGTM in a secure environment with access restricted to authorized personnel only.

4.2 Data Deletion
Upon termination of this Agreement, MoxieGTM shall delete or anonymize all user data in its possession, unless otherwise required by law or requested by the Client.

4.3 Data Storage

Client will create and own the Google Drive folder where the data is stored. Data is pushed to client-owned systems (i.e. CRM, prospecting tool, Google Sheet). All processed data remains in Client-owned CRM instance & G-Drive; no cross-client co-mingling.

5. USE OF DATA

5.1 Permitted Uses
The Client is granted a non-exclusive, non-transferable right to use the data provided by MoxieGTM solely for internal business purposes in accordance with this Agreement.

5.2 Prohibited Uses
The Client agrees not to:

Use the data in a manner that violates any applicable laws or regulations.
Sell, lease, or sublicense the data to any Third Party.
Use the data for any purpose other than as specified in this Agreement.

6. LIABILITY AND INDEMNIFICATION

6.1 Limitation of Liability
The liability of MoxieGTM for any claims arising out of or related to this Agreement shall not exceed the total amount paid by the Client to MoxieGTM under this Agreement.

6.2 Indemnification
The Client agrees to indemnify and hold harmless MoxieGTM from any claims, damages, or liabilities arising from the Client’s use of the data, including but not limited to any claims related to the misuse of data.

6.3 Data-Source Compliance Warranty & Indemnification
(a) Compliance Warranty. MoxieGTM warrants that all third-party data it supplies under this Agreement is obtained, processed, and provided in accordance with all applicable data-privacy and marketing laws and regulations (including CCPA, CAN-SPAM, TCPA, and, where applicable, GDPR).
(b) Indemnification. If a third party asserts a claim against Client alleging that the data supplied as delivered and unaltered by MoxieGTM violates such laws, MoxieGTM will defend Client and pay any finally awarded damages and reasonable attorney fees up to, in the aggregate, the total fees paid or payable by Client under this Agreement.
(c) Exclusions. This indemnity does not apply to claims arising from (i) Client’s modification or combination of the data with other datasets, (ii) Client’’s use of the data in violation of this Agreement or applicable law, or (iii) breaches caused by systems outside MoxieGTM’s control.

7. COMPLIANCE WITH ADDITIONAL REGULATIONS

MoxieGTM acknowledges that other data protection laws may apply depending on the jurisdiction of the users. MoxieGTM agrees to comply with any additional data protection regulations that may be applicable, based on the compliance assurances provided by the Data Providers.

8. DISPUTE RESOLUTION

8.1 Mediation
Any disputes arising under this Agreement shall first be resolved through mediation in the State of Texas. If mediation fails, the parties agree to submit to the jurisdiction of the courts located in Texas for any litigation.

9. CONFIDENTIALITY AND NON-DISCLOSURE

9.1 Confidentiality Obligations
Both parties agree to keep all confidential information received from the other party strictly confidential and to use such information solely for the purposes of fulfilling their obligations under this Agreement. Service Provider acknowledges that Client is the owner of confidential and proprietary data, concepts, ideas, information, programs and trade secrets ("Confidential Information"). Accordingly, Service Provider agrees to maintain Confidential Information in strict confidence and not to use any such information for its benefit, both during and after the term of this engagement. “Confidential Information” means any information disclosed by Client to Service Provider, either directly or indirectly in writing, orally or by inspection of tangible objects (including, without limitation, research, product plans, products, services, equipment, customers, markets, software, inventions, processes, designs, drawings, hardware, formulations, specifications, product configuration information, marketing and finance documents, prototypes, samples, data sets, and equipment), whether or not designated as “confidential” at the time of disclosure.

9.2 Exceptions
Confidential information shall not include information that:

Is or becomes publicly known other than through a breach of this Agreement.
Is lawfully received from a Third Party without restriction on disclosure.
Is required to be disclosed by law or regulation.