08/05/2024
Please read and agree to our Terms and Conditions, Privacy Policy, and Copyright Notice
Terms Of Use
Notice: Your use of this Portal constitutes acceptance of the Terms of Use.
Introduction
Welcome to the Moguling Capital LLC (“Moguling Capital”) customer portal (the “Portal”), which is made available to you as a current or prospective customer of Moguling Capital LLC and/or its subsidiaries and affiliates. Please read the following information carefully before using this Portal or accessing any materials provided herein. By using this Portal, you represent that you have read these Terms of Use (these “Terms”) and our Privacy Policy and any other terms posted by TransUnion, that you understand their terms, and that you agree and intend to be legally bound by them. You acknowledge that in providing you access to and use of the Portal we are relying on your agreement to be bound by these Terms.
If you do not agree with these Terms, the Privacy Policy or any other terms posted herein, or you do not want to be bound by them, then do not visit this Portal and do not use any Moguling Capital products or services. We (Moguling Capital LLC) reserve the right, in our sole discretion, to modify or update these Terms of Use at any time. Please check the Terms of Use each time you log in for the most current information.
These Terms of Use apply to the Portal and to all content contained herein, whether you access such content on this Portal or you download such content from this Portal. If these Terms are not consistent with the express terms that apply to any Moguling Capital services you may receive (collectively, the “Services”), then the express terms that apply to the Services will apply.
TransUnion may change these Terms or the features of this Portal, including eliminating or discontinuing any services, products, content or feature of the Portal, restricting the hours of availability, or limiting the amount of use permitted. All changes shall be effective immediately upon posting of such notice. If you use the Portal after Moguling Capital has changed these Terms you agree to be bound by all of the changes. You are expected to review the Portal periodically to ensure familiarity with any posted modification.
If any portion of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved.
Privacy
Please review the Moguling Capital Privacy Policy to understand our practices. By using our Portal or purchasing our products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy.
Password: User Access
The Portal may be accessed after you receive a link from Moguling Capital and created a password (“Password”) associated with the Moguling Capital-supplied user name provided to you (“User ID”). You must access and use the Portal solely on your own behalf. You are fully responsible for any and all actions taken by your employees and agents who access the Portal. You represent and warrant that you will ensure that: (1) only authorized individuals have access to the Portal; (2) the Portal is not accessible by unauthorized parties via your connection to the Internet or otherwise; and (3) all User IDs and Passwords are kept confidential and secure. In the event of any unauthorized use, misappropriation or other compromise of security involving User IDs and/or Passwords, you will notify Moguling Capital as soon as possible (but in no event later than forty-eight (48) hours) after becoming aware of such unauthorized use, misappropriation, or other compromise.
Content; Ownership of Materials
This Portal and the content contained herein are protected by U.S. and international copyright laws. With the exception of any User Content (as defined below), this Portal and the subject matter contained herein is Moguling Capital proprietary and confidential information and may not be shared or used for any purposes other than the purpose for which it was provided by Moguling Capital, without the express written permission of Moguling Capital. Articles, videos, infographics, services and/or services information and documentation, information, text, graphics, web site design (and its selection, assembly and arrangement) and other materials found in this Portal (such materials, “Moguling Capital Content”) are solely the property of Moguling Capital LLC or the applicable Moguling Capital subsidiary or affiliate. If you access Moguling Capital Content, then no part of any Moguling Capital Content (including individual elements or documents contained therein) contained therein may be reproduced or distributed in any form or by any means, electronic or otherwise, now known or hereafter developed, including, but not limited to, the Internet, without the express prior written consent of Moguling Capital LLC. Further, such Moguling Capital Content may only be used for the express purpose that it is provided for or as otherwise permitted under an applicable written agreement between you and Moguling Capital, and for no other reason whatsoever. Except as provided in the preceding sentence, none of the Moguling Capital Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, linked to, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Moguling Capital or the owner of the Moguling Capital Content. Except as provided for in a written agreement with Moguling Capital, or as stated herein, you are not given any other right or license to (i) the content of this web site or (ii) any intellectual property or proprietary rights of Moguling Capital. Except as set forth in an applicable written agreement between you and Moguling Capital or its applicable subsidiary or affiliate, or as otherwise provided herein, any proprietary and confidential information, documents, and materials you provide to Moguling Capital via the Portal (such materials, the “User Content”) will remain your property, and Moguling Capital will use such User Content solely in connection with the purpose for which it was provided to TransUnion.
Trademark Rights
The “mc” logo, Moguling Capital, and other trademarks, service marks, and logos (the “Trademarks”) used on this Portal or in its publications or Moguling Capital Content contained herein are registered or unregistered Trademarks of Moguling Capital or their respective owners. The Trademark owner has exclusive rights to the Trademarks. Any unauthorized use of the Trademarks is strictly prohibited. You may not display or use the Trademarks for any purpose without the express written permission of Trademark owner.
Restrictions on Use; Suspension and Termination
By using this Portal, you are agreeing that you will not attempt, directly or indirectly, to reverse engineer, decompile, or disassemble any Moguling Capital Content, TransUnion services or service information, any confidential or proprietary criteria developed or used by Moguling Capital relating to services you receive from Moguling Capital, or any of the Moguling Capital confidential and proprietary information contained herein. The entire right, title and interest in and to this Portal, TransUnion Content, Moguling Capital services and Moguling Capital service documentation, and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created by Moguling Capital, shall at all times vest exclusively in Moguling Capital. You acknowledge that any misuse, misappropriation or threatened misappropriation of Moguling Capital’s intellectual property rights or confidential information, or any breach or threatened breach of the foregoing restrictions, may cause immediate and irreparable injury to Moguling Capital, and in such event, Moguling Capital shall be entitled to seek injunctive relief. Nothing stated herein will be construed to limit any other remedies available to TransUnion including, but not limited to suspension and/or termination of the services provided to you. Moguling Capital has the right to suspend or terminate your use or access to our Portal if we determine, in our sole discretion, that you have breached these Terms in any way. Further, you agree that Moguling Capital will not be liable to you or any third party if Moguling Capital suspends or terminates your access to this Portal for any reason.
Disclaimer of Warranties and Liability
OUR PORTAL, INCLUDING ALL CONTENT, PRODUCTS, SERVICES AND MOGULING CAPITAL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THIS PORTAL, IS PROVIDED TO YOU “AS IS”, WITH NO WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER MOGULING CAPITAL NOR ITS SUBSIDIARIES OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (A) AS TO THE CONTENT OF THE PORTAL, (B) THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, PRODUCTS OR SERVICES, OR (C) THAT OUR SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, MOGULING CAPITAL AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS PORTAL IS AT YOUR OWN RISK. BY USING THE PORTAL, YOU ACKNOWLEDGE AND AGREE THAT NEITHER MOGULING CAPITAL, ITS SUBSIDIARIES, NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE PORTAL, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
Policy on Links to Third Party Web Sites
This Portal may contain links to third-party web sites. Moguling Capital does not represent, guarantee, or endorse any third-party web site that you may access from this web site. In addition, if we provide a link to a third-party web site, we do not represent, guarantee, or endorse the company or any of its offerings. Links contained on this Portal are provided solely as a convenience to you. When you access a third-party web site, please understand that the linked site and its content are not under our control. Moguling Capital is not responsible for web casting or any other form of transmission received from any linked sites. You are responsible for protecting your system from viruses and other invasive items.
Unsolicited Idea Submission Policy
When you provide us with comments, suggestions, or ideas (collectively “Feedback”), such Feedback is not considered confidential and becomes the property of TransUnion. We are not obligated to you if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.
International Use
Because you can access this web site internationally, you agree to follow all local rules about the Internet, data, e-mail, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the United States or the country of your residence. You understand that you are on a Portal maintained, hosted and offered from Moguling Capital, a United States-based company, and that international laws, including international privacy laws may not apply to your use of this Portal.
Applicable Law
The materials in this Portal are designed for use by residents of the United States and its territories and possessions. The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of California without regard to any conflict of law provisions. If you choose to access this Portal from outside the United States, you do so on your own initiative and you are solely responsible for your compliance with local laws. You agree that any and all disputes arising under this Agreement or out of our provision of services to you, if submitted to a court of law, shall be submitted to the state and federal courts located in Los Angeles County, California, USA.
Notices
You should send any notices or other communications regarding the Portal, products or services to Moguling Capital LLC, Attention: Office of Consumer Accounts, 611 Wilshire Blvd., Los Angeles, CA 90017.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. Please notify Moguling Capital if you wish to update your registration information.
Indemnification
You agree to reimburse Moguling Capital, its officers, employees, agents, and partners for all losses, damages, and costs, including reasonable attorney's fees, resulting from your violation of these Terms of Use or any other posted TransUnion policy as it pertains to your use of this Portal.
Privacy Notice
This notice was last modified on and has an effective date of May 12, 2024.
This Privacy Notice (“Notice”) provides information about how Moguling Capital LLC (“Moguling Capital”, “we,” “us,” or “our”), including its subsidiaries and affiliates, handles personal information about you and describes the rights you may have regarding your personal information. This Notice applies when you use our customer portal (the “Portal”), and controls how we collect, use, sell, share, or disclose personal information.
The Portal is a portal through which we assess the credentials of our prospective business clients to assess whether to engage with them as clients for our services. This involves vetting a large amount of information, mostly pertaining to the relevant business entity, and any financial and reputational risk that may be associated with it. This notice will not describe this information and will only address our use of personal information, which is information that identifies directly or indirectly any individuals involved in this process.
For Moguling Capital’s privacy practices with respect to its website and services, please view the Privacy Notice.
We have recently updated our Privacy Notice. Be sure to review the notice carefully to understand our privacy practices.
Notice at Collection: We collect personal information as detailed in this Privacy Notice. The categories of personal information that we collect are listed below under “Collection and use of personal information,” which also provides the purposes for which we collect and use personal information. To learn more about your privacy rights, including your right to opt out of the sale or sharing of your personal information, please navigate to the “Consumer privacy rights” section below.
View Moguling Capital's California Consumer Privacy Act (CCPA) Metrics.
1. Collection and use of personal information
When you use the Portal, we collect personal information about you directly, from third parties, and automatically as outlined below. All personal information collected and used is used in connection with your role as an owner, employee, or representative of our prospective client.
Information we receive from your employer/our client:
To conduct the eligibility assessment of the prospective client: We receive, from our prospective client, identifiers (e.g., name, date of birth, home address, and workplace address; categories of sensitive personal information: Social Security number) with respect to owners and certain officers of the prospective client.
To conduct site visits: We receive, from our prospective client, identifiers (e.g., name, work email address, and workplace address) of the individuals who will serve as onsite contacts for the site visits.
Create and maintain an account: We receive from our prospective client the identifiers (name, work email, and workplace address) of individuals who will be authorized users of the Portal. Once the account is created, we will also store the selected account password in an encrypted manner. We use this personal information to create the client’s account, and facilitate access to and use of the Portal.
Information we collect from you:
When you send us a question or inquiry, or ask for other support, you will need to provide us with identifiers (name and work email address). We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, and address any issues you have with the Portal.
Information we collect automatically:
In the landing page of the Portal (before the log in to the Portal): we use strictly necessary, functional, and analytics cookies and similar technologies to automatically collect internet and other electronic network activity information from you. Our collection and use of this information is governed by Moguling Capital’s Privacy Notice.
After you log into the Portal: we use strictly necessary, functional, and analytics cookies and similar technologies to automatically collect internet and other electronic network activity information from you to collect:
Usage information: This includes information such as: your time of visit to the Portal, pages visited, search terms, actions taken, how much time you spend on each page, use of widgets (e.g., providing a truncated view of “my order”) or customer objects throughout the Portal and frequency of access. We use this personal information to: (i) conduct analytics; (ii) enhance user experience; (iii) prevent fraudulent use of the Portal; and (iv) diagnose and repair errors.
Error information: In the event of technical errors with the Portal, we collect information in connection with an error message including filename, error line number, and any related error message generated by the component that failed.
Device information: We use strictly necessary, functional, and analytics cookies to collect certain information about the device you use to access our Portal, such as browser type, browser language, hardware model, operating system, and your preferences. We use this personal information to: (i) conduct analytics; (ii) enhance user experience; (iii) prevent fraudulent use of the Portal; (iv) diagnose and repair errors; (v) remember your preferences; and (vi) provide enhanced functionality.
2. Disclosing for a business purpose and selling/sharing of personal information
With service providers: We sell/share the personal information collected with certain service providers for the purpose of: the secure transfer of Categories of Sensitive Personal Information: Social Security numbers; certain aspects of the credentialing process, and the conduct of site visits. We do not use or sell/share this information for marketing purposes.
With other third parties: We will disclose your personal information to legal advisors, law enforcement agencies and/or governmental/regulatory bodies (including public health authorities) if and to the extent we need to do so to defend against legal claims or as required to by law.
In the event of a corporate reorganization: In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, any personal information contained in the Portal would be sold/shared with the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction and providing the Portal going forward. We would also sell/share personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
With your consent: Apart from the reasons identified above, we may request your permission to sell/share your personal information for a specific purpose. We will notify you and request consent before you provide the personal information or before the personal information you have already provided is sold/shared for such purpose. You may revoke your consent at any time.
De-identified information: We may de-identify personal information collected and use it for the improvement of our products. We may sell/share such de-identified information with third parties for their use. All such third parties will be required to adopt policies and procedures to prevent the re-identification of such information.
3. Consumer privacy rights
If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, you may take advantage of certain privacy rights, such as to request access, correction, or deletion of your personal information. You have the right to appeal a denial of your privacy rights.
To make a verifiable consumer request or appeal (subject to limitations and exceptions under applicable law), you may contact us at [email protected] , make the request in the Portal, or visit our Consumer Privacy page. If you have a Moguling Capital account, you can use it to make your request. You can also make your request without setting up an account. To do so, we’ll need your first and last name, address, date of birth, and the last four digits of your Social Security number (sensitive personal information). We’ll use that information to verify your identity so we can respond to your request.
Right to know
You have the right to request a disclosure of the personal information collected, sold, and shared about you and the purpose for doing so, unless such request proves impossible or would involve disproportionate effort. Upon submission of a verifiable consumer request, we will provide you with the following information.
The categories of personal information we collected about you.
The categories of sources from which we collected your personal information.
Our business or commercial purpose for collecting or selling/sharing the personal information.
The categories of third parties to whom we sold or disclosed personal information.
The specific pieces of personal information we collected about you.
To make a verifiable consumer request to know, visit our Consumer Privacy page. If we provide this information to you electronically, the information will be in a portable format. To the extent that it is technically feasible, we will provide you the information in a readily useable format that you can easily transfer to another entity.
Right to correct
You have the right to correct inaccurate personal information that we collect or maintain about you, subject to verification. To make a verifiable consumer request to correct, visit our Consumer Privacy page.
Right to delete
If we collected or maintain personal information about you, you have the right to request the deletion of this personal information, unless an exception applies under applicable law. To make a verifiable consumer request to delete, visit our Consumer Privacy page.
Right to be free from discrimination
You have the right to be free from discrimination for exercising any of the consumer privacy rights. If you choose to exercise any of your rights, we will not:
Deny you goods or services;
Charge you a different price or rate for goods or services, including through granting discounts or other benefits, or imposing penalties;
Provide you a different level or quality of good or services; or
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Right to appeal
If you believe we have denied any of your consumer privacy rights, you have the right to appeal by visiting our Consumer Privacy page.
4. Authorized agent
If a consumer is using an authorized agent to submit a consumer privacy request, the following is required.
Using an authorized agent without power of attorney to submit a consumer privacy request. In order to submit a request on behalf of another consumer, an authorized agent without power of attorney must provide one item from each of the two sections below.
1. Signed permission from the consumer authorizing the agent to submit the privacy request(s) on their behalf. Describe the type of privacy request(s).
2. The consumer must verify their own identity directly with the business by submitting information or documentation that provides sufficient proof of identification, such as:
a. a Social Security number or a copy of a social security card issued by the Social Security Administration,
b. a certified or official copy of a birth certificate issued by the entity authorized to issue the birth certificate, or
c. a copy of a driver's license, an identification card issued by the motor vehicle administration or any other government issued identification.
Using an authorized agent with power of attorney to submit a consumer privacy request. In order to submit a request on behalf of another consumer, an authorized agent with power of attorney pursuant to California Probate Code sections 4000 to 4465, must provide one item from each of the two sections below.
1. The valid power of attorney executed lawfully under California Probate Code sections 4000 to 4465.
2. Information or documentation that provides sufficient proof of identification to verify your identity, such as:
a. a Social Security number or a copy of a social security card issued by the Social Security Administration,
b. a certified or official copy of a birth certificate issued by the entity authorized to issue the birth certificate, or
c. a copy of a driver's license, an identification card issued by the motor vehicle administration or any other government issued identification.
5. Cookies, pixels, and similar technology
Information collected passively via cookies and similar technology. A cookie is a small text file that a web server places on your computer or device when your browser accesses a website. Cookies store data specific to a client or website and are designed to create a record of or “remember” online activity. We use cookies for a number of different purposes. Some cookies are necessary to ensure the site functions properly and some enable us to deliver an individualized online services experience.
You generally have the ability to accept or decline most types of cookies. We do not respond to browser Do Not Track requests. Most web browsers give you a choice to modify your browser settings to decline some or all non-necessary cookies. We provide you choices to manage your privacy and sharing in the Cookies Settings section located in the footer of our website. Not accepting cookies may make certain features of the site unavailable to you. If you would like more information about cookies, you can visit http://www.cookiecentral.com/n_cookie_faq.htm.
6. Security of personal information
We maintain a comprehensive Information Security Program with administrative (policies, standards, and processes), physical, and technical controls to help ensure the security and confidentiality of your information.
When handling categories of sensitive personal information such as Social Security numbers, we: (1) protect the confidentiality of Social Security numbers, (2) prohibit their unlawful disclosure, and (3) limit access to them only to the individuals for whom access is required for the performance of their job duties and the purpose for which the Social Security numbers were collected.
7. Personal information of children
Our services are not intended for use by individuals under the age of eighteen (18). If we learn that we have collected or received personal information from individuals under the age of eighteen (18), we will delete the personal information. If you believe we have collected personal information from individuals under the age of eighteen (18), a parent or guardian may call us for more information about making a data privacy inquiry or request, as described in the “Contact information” section below.
We do not knowingly sell personal information of minors under the age of eighteen (18) years.
8. Contact information
If you have any questions or concerns regarding this Notice, please contact us at [email protected] .
If you have questions or concerns regarding Moguling Capital’s Privacy Notice or the protection of your personal information and privacy rights, you may contact us in the following ways
Phone: 1-323-475-1444
Postal Mail:
Moguling Capital Privacy Request
611 Wilshire Blvd
Los Angeles, CA 90017
9. Notice changes and effective date
This Notice is subject to change at any time. If we make any changes to this Notice, we will post the revised Notice on this page with its effective date.
We encourage you to review this page frequently and review the Notice for any changes. If we make changes that materially affect your privacy rights, we will notify you by in-Portal notification.
Copyright Notice
Copyright (c) 2001-2021 Moguling Capital LLC. All Rights Reserved. Except as otherwise stated, Moguling Capital owns all content contained in this web site. Content includes the information, text, graphics, web site design, and its selection, assembly, and arrangement (collectively "Content"). The Content is protected by copyright laws of the United States and other countries. The Content may not be used for any commercial purpose or copied, distributed, displayed, modified, or reverse engineered without Moguling Capital's prior written permission. You may print or download portions of material from the web site solely for your own non-commercial use, if you do not change or delete any copyright or proprietary notices from the materials.
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