USER AGREEMENT
Thank you for your interest in this website. Before
accessing the site or any of the websites below, please read the following terms
and conditions carefully as they govern your use of the websites and their
content. If you agree with the terms and
conditions, click “I agree” at the end of this document. If you do not agree
with these terms and conditions, Moody’s Investors Service, inc. and its
affiliates (“Moody’s”) cannot grant you the right to use the content on any of
the websites below. A complete list of
Moody’s group affiliates is available on www.moodys.com.
By clicking “I AGREE” at the end of this document,
you indicate that you understand and intend these terms and conditions to be
the legal equivalent of a signed, written contract and equally binding, and
that you accept such terms and conditions and agree to be legally bound by them.
This agreement (the “User Agreement”) governs the
following websites operated by Moody’s:
· www.moodys.com
· www.moodysemea.com
· www.moodys.com.au
· www.moodys.ca
· www.moodys.de
· www.moodys.es
· www.moodys.fr
· www.moodys.it
· www.kmv.com
· www.moodysrms.com
· www.moodyskmv.com
· www.mkmv.com
· www.moodysasia.com
(each a "Website" and, together, the
“Websites”).
This User Agreement contains the terms, covenants,
conditions, and provisions upon which you (“You” or “User”) may access and use
the Websites and their content, including (without limitation) the ratings and
other opinions, displayed on any of the Websites. This agreement was last
updated on April 23, 2008.
Terms and
Conditions
1.
Grant of License.
This User Agreement provides you with a personal, revocable, non-exclusive,
non-transferable license to use the Websites conditioned on your continued
compliance with the terms and conditions of this User Agreement. You may, on an
occasional and irregular basis, print and download materials and information on
a Website solely for personal and non-commercial use, or, only to the extent
permitted by an Other Agreement (defined below), for internal business use,
provided that you do not obscure, alter, remove or delete any copyright or other
proprietary notices contained in such materials and information. With the
exception of the foregoing and except as otherwise expressly permitted herein,
you may not modify, create derivatives of, copy, distribute, broadcast,
transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep
link”, “scrape”, data mine, or otherwise use any information or material
obtained from or through a Website. Further, you may not post any content from
a Website to forums, newsgroups, list serves, mailing lists, electronic
bulletin boards, or other websites, without the prior written consent of
Moody’s. You warrant to Moody’s that you will not use a Website for any purpose
that is unlawful or prohibited by this User Agreement, including but not
limited to attempting or actually (i) disrupting, impairing or interfering with
a Website, (ii) collecting any information about other users of a Website,
including passwords, accounts or other information, or (iii) systematically
extracting data contained in a Website to populate databases for internal or
external business use.
2.
Intellectual Property
Rights. All material contained on the
Websites, unless otherwise indicated, is protected by law including, but not limited
to, United States copyright, trade secret, and trademark law, as well as other
state, national, and international laws and regulations. The Websites, their
content, layout and design are the exclusive property of Moody’s or its
licensors and, except as expressly provided herein, Moody’s does not grant any
express or implied right in any such materials to you. The contents of the
Websites are © 2008, Moody's Investors Service, Inc. and/or its
affiliates. All rights reserved. In
particular and without limitation, Moody’s owns copyright in the Websites as
collective works and/or compilations, any and all databases accessible on any
of the Websites, and in the selection, coordination, arrangement, and
enhancement of the content of the Websites. Moody’s, Moody’s Investors Service,
the M Circle Logo, and all other names, logos, and icons identifying Moody’s
and/or Moody’s products and services are proprietary marks of Moody’s or its
licensors. Third party product and company names mentioned herein are the trademarks
of their respective owners.
3.
Privacy Policy.
Please see Moody’s Privacy Policy for a summary of Moody’s
personal data collection and use practices with respect to the Websites. By
clicking “I AGREE” below, you consent to Moody’s collection and use of personal
data as outlined therein.
4.
Password Policy.
Your use of certain portions of the Websites requires a password. As part of
the registration process, you must select a member name and password and
provide Moody’s with accurate, complete and up-to-date information. Anyone with
knowledge of your password can gain access to the restricted portions of the
Websites and the information available to you. Accordingly, you must keep your
password secret. By agreeing to this User Agreement, you agree to be solely
responsible for the confidentiality and use of your respective password, as
well as for any communications entered through a Website using your password.
You will also immediately notify Moody’s if you become aware of any loss or
theft of your Password or any unauthorized use of your password. Moody’s
reserves the right to delete or change a password at any time and for any
reason.
5.
Assumption of Risk.
You use the Internet solely at your own risk and subject to all applicable
local, state, national, and international laws and regulations. While Moody’s
has endeavored to create a secure and reliable website, please be advised that
the confidentiality of any communication or material transmitted to/from a
Website over the Internet cannot be guaranteed. Accordingly, Moody’s and
Moody’s licensors and suppliers are not responsible for the security of any
information transmitted via the Internet, the accuracy of the information
contained on the Websites, or for the consequences of any reliance on such
information. Moody’s and Moody’s licensors and suppliers shall have no
liability for interruptions or omissions in Internet, network or hosting
services. You assume the sole and complete risk of using any of the Websites.
6.
Enforcing Security.
Actual or attempted unauthorized use of any of the Website may result in
criminal and/or civil prosecution. For your protection, Moody’s reserves the
right to view, monitor, and record activity on the Websites without notice or
further permission from you, to the fullest extent permitted by applicable law.
Any information obtained by monitoring, reviewing, or recording is subject to
review by law enforcement organizations in connection with the investigation or
prosecution of possible criminal activity on any of the Websites. Moody’s will
also comply with all court orders involving requests for such information.
7.
Links to Other Websites.
Moody’s may provide links, in its sole discretion, to other websites on the
World Wide Web for your convenience in locating related information and
services. These websites have not necessarily been reviewed by Moody’s and are
maintained by third parties over which Moody’s exercises no control.
Accordingly, Moody’s expressly disclaims any responsibility for the content,
the accuracy of the information, the quality of products or services provided
by or advertised on and/or software downloaded from these third party websites.
Moreover, these links do not imply an endorsement of any third party or any
website or the products or services provided by any third party.
8.
Events Beyond Moody’s
Control. You expressly absolve and release
Moody’s and Moody’s licensors and suppliers from any claim of harm resulting
from a cause beyond their control, including, but not limited to, the failure
of electronic or mechanical equipment or communication lines, telephone or
other interconnect problems, computer viruses, unauthorized access, theft,
operator errors, severe weather, earthquakes, or natural disasters, strikes or
other labor problems, wars, terrorism or governmental restrictions.
9.
Disclosures.
Moody’s hereby discloses that most issuers of debt securities (including
corporate and municipal bonds, debentures, notes and commercial paper) and preferred
stock rated by Moody’s have, prior to assignment of any rating, agreed to pay
to Moody’s for the appraisal and rating services rendered by it fees ranging
from $1,500 to $2,400,000. Moody's Corporation (MCO) and its wholly-owned
credit rating agency subsidiary, Moody's Investors Service (MIS) also maintain
policies and procedures to address the independence of MIS's ratings and rating
processes. Information regarding certain affiliations that may exist between
directors of MCO and rated entities, and between entities who hold ratings from
MIS and have also publicly reported to the SEC an ownership interest in MCO of
more than 5%, is posted annually on Moody's website at www.moodys.com under the
heading "Shareholder Relations -- Corporate Governance -- Director and
Shareholder Affiliation Policy."
10. DISCLAIMERS.
Moody’s obtains all information furnished on the Websites from sources believed
by it to be accurate and reliable. You expressly agree that (a) the credit
ratings and other opinions provided via any of the Websites are, and will be
construed solely as, statements of opinion and not statements of fact as to
credit worthiness or recommendations regarding credit decisions or decisions to
purchase, hold or sell any securities or endorsements of the accuracy of any of
the data or conclusions, or attempts to independently assess or vouch for the
financial condition of any company; (b) each rating or other opinion will be
weighed, if at all, solely as one factor in any investment or credit decision made
by or on behalf of you; and (c) you will accordingly make your own study and
evaluation of each credit decision or security, and of each issuer and
guarantor of, and each provider of credit support for, each security or credit
that you may consider purchasing, holding, selling, or providing. You should
always seek the assistance of a professional for advice on investments, tax,
the law, or other professional matters. Because of the possibility of human and
mechanical error as well as other factors, the Websites and all related
materials, products, services and information are provided on an "as
is" and as available basis without representation or warranty of any kind,
and MOODY'S AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY,
EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY,
RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE WITH RESPECT TO ANY OF THE WEBSITES OR ANY RELATED MATERIALS, PRODUCTS,
SERVICES OR INFORMATION. Moody’s makes no representation that materials in any
of the Websites are appropriate or available for use in any particular
locations, and access to them from territories where any of the contents of a
Website are illegal is prohibited. If you choose to access a Website from such
locations, you do so on your own volition and are responsible for compliance
with any applicable local laws. You agree and acknowledge that no oral or
written information or advice given by Moody’s or any of its employees or
agents in respect of any of the Websites shall constitute a representation or a
warranty unless such information or advice is incorporated into this User
Agreement by a written agreement. FURTHER, THE INFORMATION, MATERIALS,
PRODUCTS, AND SERVICES AVAILABLE ON A WEBSITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN A WEBSITE OR ITS CONTENTS ARE
UNAVAILABLE. MOREOVER, MOODY’S MAY MAKE MODIFICATIONS AND/OR CHANGES TO ANY OF
IN THE WEBSITES OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES
DESCRIBED IN ANY OF THE WEBSITES AT ANY TIME, FOR ANY REASON. YOU ASSUME THE
SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS,
AND SERVICES AVAILABLE ON ANY OF THE WEBSITES.
UNDER NO CIRCUMSTANCES WILL MOODY’S OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO
YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON
ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES,
INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR
MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF
SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND
THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF
MOODY’S OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES.
TO THE EXTENT PERMITTED BY LAW, MOODY’S AND ITS LICENSORS AND SUPPLIERS
DISCLAIM LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF A WEBSITE AND
ITS CONTENT.
IN ANY EVENT, THE AGGREGATE LIABILITY OF MOODY’S AND ITS LICENSORS AND
SUPPLIERS FOR ANY REASON WHATSOEVER RELATED TO USE OF ANY WEBSITE AND ITS
CONTENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY THE USER
FOR SERVICES PROVIDED VIA SUCH WEBSITE PURSUANT TO THIS AGREEMENT DURING THE 12
MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) U.S.
$100.
11. Indemnity.
You agree to indemnify and hold harmless Moody’s, its licensors and suppliers,
all of their affiliates, and all of their respective officers, directors,
employees, shareholders, legal representatives, agents, successors and assigns,
from and against any damages, liabilities, costs and expenses (including
reasonable attorneys’ and professionals' fees and court costs) arising out of
any third party claims based on or related to your use of any of the Websites
or any breach by you of this User Agreement.
12. Submissions.
Moody’s also welcomes your feedback and suggestions about how to improve a
Website. Any ideas, suggestions, information, know-how, material, or any other
content (collectively, “Submissions”) received through a Website, however, will
be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right
and license for Moody’s to adopt, publish, reproduce, disseminate, transmit,
distribute, copy, use, create derivative works, display, (in whole or part)
worldwide, or act on such Submissions without additional approval or
consideration, in any form, media, or technology now known or later developed
for the full term of any rights that may exist in such Submissions. You hereby
waive any claim to the contrary.
13. Event
Participation.
You may register for any Moody’s hosted event (including briefings and
teleconferences) from the “Events Page” located on a Website. If you are not
already entitled to participate in a given Moody’s hosted event free of charge
(for example, because you are a Moody’s research client and such event is
included in your subscription fee), you may be required to pay the posted fee
for each event you choose to attend at the time of registration, whether you
self-register online, or a Moody’s employee registers you at your request by
telephone or e-mail.
14. Governing
Law. This User Agreement, including
(without limitation) any disputes relating to the content of any of the
Websites, whether sounding in contract, tort, statute or otherwise, is governed
by the laws of the State of New York, without reference to its conflict of law
principles and without regard to the U.N. Convention on Contracts for the
International Sale of Goods.
15. Dispute
Resolution. Any dispute, controversy or claim
arising out of or relating to this User Agreement, including any disputes
relating to the content of any of the Websites, whether sounding in contract,
tort, statute or otherwise, shall be finally resolved by arbitration. The
arbitration shall be conducted by one arbitrator in English and in accordance
with the International Rules of the American Arbitration Association, which
shall administer the arbitration and act as appointing authority. The place of
the arbitration shall be New York, New York. The decision of the arbitrators
shall be binding upon the parties hereto, and the expense of the arbitration
(including without limitation the award of attorneys’ fees to the prevailing
party) shall be paid as the arbitrators determine. The decision of the
arbitrator may be entered by any court of competent jurisdiction. You agree to
submit to the jurisdiction of the state and federal courts in New York for the
purposes of any judicial proceedings to obtain interim relief and in aid of the
arbitration or judicial proceedings to confirm or enforce the award.
Notwithstanding the foregoing, Moody’s may seek preliminary injunctive relief
from a court of law in the event of a breach by you.
16. Term,
Termination, Amendments. This User Agreement will
take effect at the time you click “I AGREE” (indicating acceptance of these
terms and conditions). Moody’s reserves the right at any time and for any
reason to deny you access to any of the Websites or any portion thereof, and to
terminate this User Agreement. Termination will be effective without notice.
Please note that Moody’s reserves the right to change the terms and conditions
of this User Agreement upon notice, which may be given by Moody’s posting such
change on the Websites, by e-mail, or any other reasonable way. If a change is
notified by a posting on the Websites, it shall be deemed to take effect when
posted; if a change is notified by e-mail, it shall be deemed to take effect
when the e-mail is sent; and if a modification is notified in any other way, it
shall be deemed to take effect when the relevant notice is sent or issued by or
on behalf of Moody’s. Your continued use of a Website following notice of such
modifications will be conclusively deemed acceptance of any changes to this
User Agreement. You agree that notice of changes to this User Agreement on the
Websites, delivered by email, or provided in any other reasonable way
constitutes reasonable and sufficient notice.
17. Waiver.
Failure to insist on strict performance of any of the terms and conditions of
this User Agreement will not operate as a waiver of any subsequent default or
failure of performance. No waiver by Moody’s of any right under this User
Agreement will be deemed to be either a waiver of any other right or provision
or a waiver of that same right or provision at any other time.
18. Nature
of Relationship / Severability. No joint venture,
partnership, employment, or agency relationship exists between you and Moody’s
as a result of this User Agreement or your utilization of a Website. If any
provision of this User Agreement is held unenforceable by a court or tribunal
of competent jurisdiction, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the remainder
of this User Agreement shall continue in full force and effect.
19. Entire
Agreement/Reservation of Rights. Your rights to use
certain material available on or through a Website may be subject to separate
written agreements with Moody’s (“Other Agreements”). Particular pages or
features of a Website with content supplied by Moody’s or its licensors may
have different or additional terms ("Special Terms"), which will be
disclosed to you when you access those pages or features, and by accessing or
using such pages and features, you will be deemed to have agreed to the
applicable Special Terms. If there is a conflict between this User Agreement
and the Special Terms, the Special Terms will govern with respect to such pages
or features or content. In the event of a conflict between this User Agreement
and one or more Other Agreements, the terms of such Other Agreement(s) shall
govern and control. With the exception of any Special Terms and Other
Agreements, this User Agreement and Moody’s Privacy Policy represent the entire
agreement between you and Moody’s with respect to your use of and material
available on or through any of the Websites, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or
written between you and Moody’s with respect to a Website. Any rights not
expressly granted herein are reserved.
20. CUSIP
Database. You agree and acknowledge that the
CUSIP Database and the information contained therein is and shall remain
valuable intellectual property owned by, or licensed to, Standard & Poor’s
CUSIP Service Bureau ("CSB") and the American Bankers Association
("ABA"), and that no proprietary rights are being transferred to you
in such materials or in any of the information contained therein. Any use by you outside of the clearing and
settlement of transactions requires a license from CSB, along with an
associated fee based on usage. You agree that misappropriation or misuse of
such materials will cause serious damage to CSB and ABA, and that in such event
money damages may not constitute sufficient compensation to CSB and ABA;
consequently, you agree that in the event of any misappropriation or misuse, CSB
and ABA shall have the right to obtain injunctive relief in addition to any
other legal or financial remedies to which CSB and ABA may be entitled. You agree that you shall not publish or
distribute in any medium the CUSIP Database or any information contained
therein or summaries or subsets thereof to any person or entity except in
connection with the normal clearing and settlement of security transactions.
You further agree that the use of CUSIP numbers and descriptions is not
intended to create or maintain, and does not serve the purpose of the creation
or maintenance of, a master file or database of CUSIP descriptions or numbers
for itself or any third party recipient of such service and is not intended to
create and does not serve in any way as a substitute for the CUSIP MASTER TAPE,
PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future
services developed by the CSB.
NEITHER CSB, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR
IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION
CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO YOU ON AN
"AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH
MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS.
NEITHER CSB, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR
LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES,
WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE LIABILITY OF CSB, ABA OR ANY OF THEIR AFFILIATES
PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED
THE FEE PAID BY YOU FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH
CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN.
FURTHERMORE, CSB AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR
DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
You agree that the foregoing terms and conditions shall survive any termination
of your rights of access to the materials identified above.
21. Acknowledgement
and Agreement. You hereby acknowledge that you
have read this User Agreement, understand it and agree to be bound by its terms
and conditions, and that this User Agreement may be executed by clicking “I
AGREE” below. You also hereby acknowledge that you have read and understand the
Privacy Policy and that by clicking “I AGREE” you consent to Moody’s use of
your Personal Data set out therein (including, with respect to Users resident
in the European Union, the transfer of your Personal Data outside the European
Economic Area):
We will retain a copy of the User Agreement and Privacy Policy to which you
agreed via e-mail at the time of your registration. If you would like a copy of either document
e-mailed or sent to you at a later date, please contact:
Legal Department
Moody’s Corporation
7 World Trade Center at 250 Greenwich Street
New York, NY 10007
Phone: +1-212-553-1653
E-mail: privacy@moodys.com
If you choose to contact Moody’s via e-mail regarding the User Agreement or
Privacy Policy, respectively, please mark the subject heading of your e-mail
“User Agreement Inquiry” or “Privacy Inquiry”.
Moody's Privacy
Policy
(as of May 5, 2008)
This Privacy Policy and the User Agreement together
govern your use of this website and the other websites listed in the User
Agreement (each a “Website” and, together, the “Websites”). You (“You” or “User”)
must read and accept the terms of the User Agreement and Privacy Policy before
you will be allowed to register as a user of the Websites. If you do not
register as a user, you will not be able to visit all sections or use all
features of the Websites.
This Privacy Policy explains how we collect your
personal data on our Websites, how we protect such data, and the choices you
have concerning our use of such data.
Please read this Privacy Policy carefully. For the purposes of this
Privacy Policy, "we", "us", and "our" means
Moody’s Investors Service, Inc. and its affiliates. A complete list of Moody’s group affiliates
can be found on the www.moodys.com
website. Our representatives in France, Germany, Italy and Spain are Moody’s
France SAS, Moody’s Deutschland GmbH, Moody’s Italia, S.r.l. and Moody’s España
S.A. respectively (contact information for Moody’s Investors Service, Inc. and
for each representative can be found at the www.moodys.com website).
This Privacy Policy represents our current (as of May
5, 2008) data collection and usage practices. (In connection with registering with the U.S. Department of
Commerce's Safe Harbor program, we have added summaries of our Personal Data
practices with respect to data integrity and enforcement, and we expressly
state Moody's adherence to US Safe Harbor principles. Moody’s
adheres to the U.S. safe harbor privacy principles of notice, choice, onward
transfer, security, data integrity, access and enforcement.) Moody's
will from time to time review and revise these practices. We will post any
changes to this Privacy Policy here. Please refer back to this Privacy Policy
on a regular basis.
This Privacy Policy applies only to information
collected by our Websites. We are not responsible for the privacy of any
information you reveal or post in any public forum (e.g., message board or chat
room), or for the privacy practices of websites that are operated or owned by
third parties.
Collection of Personal Data
Personal data is information that identifies you or
can be used to identify or contact you, e.g. your name, email address, address,
or phone number ("Personal Data"). Moody’s requests Personal Data
from you when you register on any of our Websites. The registration process
requests that you provide your name, business email address, business address,
business phone number, and company affiliation, and agree to the User Agreement
presented at the time of registration. In addition to information collected
during registration, Moody’s may collect Personal Data knowingly provided by
you in emails to our Websites, online forms, order and registration forms,
surveys, and contest entries. In addition, on some of the Websites including
www.moodys.com and www.mkmv.com, you are able to maintain
"portfolios", listing financial instruments in which you have a
special interest. Providing this information is always at your option. If you
provide such information you will be required to select a username and a
password. To be useful, this information must be stored on the relevant
Website, and is accessible to any site visitor who knows your username and
password. For this reason, please safeguard your username and password
carefully and do not disclose it to any other person.
In all of these cases, we will collect Personal Data
from you only if you voluntarily submit such information to us. Unless you give
us permission to do so, we will not sell, share, license, trade or rent your
Personal Data other than as specified in this Privacy Policy.
You do not have to provide us with any Personal Data
to visit our Websites. However, if you choose to withhold requested
information, you may not be able to visit all sections or use all features of
our Websites.
If you would like to register with a Website on an
anonymous basis, meaning that any Personal Data you provide will not be
associated with your user account or Monitoring Data (except to the extent
necessary to inform you about and/or enforce the terms of the User Agreement
and this Privacy Policy), please paste the following URL into your browser
which will enable you to do so:
Collection of Monitoring Data and
Use of Tracking Tools
In addition to Personal Data, Moody’s may collect
and/or track information that by itself cannot be used to identify or contact
you, e.g., demographic information, domain names, computer type, browser types,
screen resolution, and other anonymous statistical data involving the use of
our Websites ("Monitoring Data"). We use Monitoring Data to help us
understand who uses our Websites and to improve and market our Websites.
Whenever we use Monitoring Data to create a user profile, we do so under a
username.
To enhance the Internet experience on its Websites,
Moody's may use various Internet technologies such as 'cookies,' ‘action tags,’
‘web bugs,’ ‘.gif tags,’ and 'JavaScript' (together, "Tracking
Tools"). Tracking Tools are files or tools that are placed on your
computer in order to identify your Web browser and the activities of your
computer on our Websites. Moody’s uses these technologies to customize and
enhance the Internet experience of individual users. When you revisit a
Website, Moody’s may recognize you by a Tracking Tool and customize your
experience accordingly. For example, once you have completed the registration
process, a cookie will be used to avoid having you register again. You may
decline Internet cookies, if any, by using the appropriate feature of your Web
browser software, if available. If cookies are disabled, however, all features
of a Website may not operate as intended. Information about the procedure you
are required to follow in order to disable cookies can be found on your Internet
browser provider’s website.
We believe Tracking Tool technologies add value to
the user experience, and the information resulting from these technologies is
not sold or otherwise made available to third parties by Moody’s.
Use of Personal
Data Collected
Moody’s may use Personal Data it collects for
editorial and feedback purposes, marketing and promotion, statistical analysis
of users’ behavior, product development, delivering products and services, providing customer support, customizing and
improving the content and layout of its Websites, completing business
transactions, administering individual accounts and meeting government
regulatory requirements such as sales tax collection. Monitoring Data may be
used for internal or external purposes such as researching and identifying
market segments and needs. Moody’s will not disclose to third parties any of
your Personal Data, except to the extent necessary to comply with applicable
laws, rules, or regulations, with your express permission, or to preserve Moody’s
legal rights in the Websites’ content. Moody’s reserves the right to transfer
such information within the group (the details of which can be found on the
www.moodys.com website), to successors to the relevant portion of any of
Moody’s businesses, or to independent contractors it engages to assist with or
perform on Moody’s behalf any of the foregoing activities. In addition, Moody’s
reserves the right to use Personal Data to contact you regarding your account
status and changes to the User Agreement, this Privacy Policy, or any other
policies, agreements or transactions relevant to your use of any of the
Websites. Moody’s will take reasonable steps to maintain the integrity of the
collected data so that it is reliable and appropriate for the foregoing uses.
Your Choices Regarding Personal
Data Collection and Use
You may "opt-in" to having your Personal
Data used by Moody’s to send promotional correspondence to you now by checking
the appropriate box at the end of the User Agreement, or at any time in the
future by contacting Moody’s via postal mail, e-mail, or telephone at the
address below. Except as described in
the paragraph above, Moody’s will not share any Personal Data with a third
party without giving you the opportunity to "opt-in" and give or deny
us permission to do so.
Upon request via postal mail, e-mail, or telephone,
Moody’s will provide to you a summary of any Personal Data retained by Moody’s
regarding you. You may modify, correct, change or update Personal Data that
Moody’s has collected via any of the Websites. You may refuse to have your
Personal Data processed by Moody’s or you may request that your Personal Data
be anonymised, blocked (so that Moody’s continues to hold your Personal Data
but temporarily refrains from processing it) or removed from Moody’s database
by contacting Moody’s via postal mail, e-mail, or the telephone number
indicated below, provided, however, that such requests may require you to
register again with Moody’s in the event you later wish to access any of the Websites.
You may ask Moody’s to certify that it has notified the entities to whom your
Personal Data has been transferred of any such changes to or removal of your
Personal Data. You should be aware that it may not be technologically possible
to remove or verify each and every record of information you have provided to
us from our system. The need to back-up our systems to protect information from
inadvertent loss means that a copy of your Personal Data may exist in archived
systems. However,promptly
after receiving your request, all Personal Data stored in databases we actively
use and other readily searchable media will be updated, corrected, changed,
deleted or confirmed to you, as appropriate, as soon as reasonably practicable.
Links
Each Website may contain links to other Internet websites. Moody’s does not
endorse, and is not responsible for, the privacy practices or the content of
these websites. You should review the applicable privacy policies in connection
with your use of such third party websites.
Security Measures
Moody's has established reasonable precautions to
protect collected Personal Data from loss, misuse, unauthorized access,
disclosure, alteration or destruction, which include contractual,
administrative, physical, and technical steps. Technical measures include use
of firewall protection and encryption technology where appropriate. Although
Moody's takes reasonable precautions to assess the reliability of such
technology, it relies on the statements of the vendors of those products and
services as part of its security evaluation. Please note that while Moody’s has
endeavored to create a secure and reliable site for users, the confidentiality
of any communication or material transmitted to/from Moody’s via any of the
Websites or e-mail cannot be guaranteed.
Data Integrity
Moody’s
will use Personal Data only in ways that are compatible with the purposes for
which it was collected or subsequently authorized by you. Moody’s will take
reasonable steps to ensure that Personal Data is relevant to its intended use,
and is accurate, complete, and current (as provided by you), but Moody’s must
depend on you to update or correct your Personal Data whenever necessary.
Export of
Personal Data
You acknowledge and
consent to the fact that Personal Data provided by you or collected by us
through your use of any of the Websites is stored and processed by us in the
United States where data protection laws may not afford the same level of
protection as those of the country in which you are located (this is the case
for users located in the European Economic Area (“EEA”). You also acknowledge
and consent to the fact that we may, at our discretion, store and process such
data in other countries (including countries outside the EEA) where data
protection laws may not afford the same level of protection as those of the
country in which you are located.
Enforcement
Moody’s
periodically will review its compliance with this Privacy Policy. Moody’s will also review and respond to any formal
written complaints that we received from you.
Moody’s will cooperate with the appropriate regulatory authorities,
including the European Union data protection authorities, to resolve any
complaints that cannot be resolved between us.
Contact Information for Moody’s
Questions or concerns regarding Moody's data
protection practices should be addressed to:
Legal Department
Moody’s Corporation
7 World Trade Center at 250 Greenwich Street
New York, NY 10007
Phone: +1-212-553-1653
E-mail: privacy@moodys.com
If you choose to contact Moody’s via e-mail about this policy, please mark the
subject heading of your e-mail “Privacy Enquiry”.
We shall keep a copy of this Privacy Policy and if,
at any time, you would like to see a copy of it, you should write to the
address above.