We take your privacy very seriously and are committed to protecting it through our compliance with this Policy.
If you are in the European Union, the Company is responsible for the collection and use of your personal data, which refers to any information relating to an identified or identifiable natural person or “data subject” (collectively, the “Personal Information”). As such, for the purpose of the Data Protection Act 1998, and the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 (collectively, the “GDPR”), we are the “data controller” for our Services and the Personal Information collected through our Services.
The Company is located at 1450 Chapin Avenue, Suite 150, Burlingame CA 94010.
Please read this Policy carefully.
What information we collect;
Where that information is stored;
How we use the information we collect, and the legal basis for our use of information;
How to delete, modify or request the information we collect;
How to manage your communications preferences with the Company;
Our policy towards children using our Services;
What steps we take to protect your information;
How you can contact us if you have any questions, including any questions regarding data protection.
What information do we collect?
We collect Personal Information that you provide, for example when you enter such information into form fields in our Services. We may also collect information that is relayed to us automatically by the devices or applications through which you use or access our Services.
Additionally, we may obtain certain personal data about you from third-party sources that we may use to serve our legitimate interests, comply with legal obligations, perform a contract or act in accordance with your consent.
Information that you provide may include:
Contact information including your name, home address, email address and phone number;
Demographic information including your age, information about your household, product preferences and other interests; and
Online purchase information including payment card information, purchase details and other transaction information.
Information collected automatically may include:
Location information including latitude, longitude and date and time. Our Services collect information about locations you visit using your device’s GPS coordinates. You can set your device to not allow our Services to access this information. By default, this functionality is turned off. You must enable this functionality to start collecting location information. The precision of this data varies greatly and is determined by factors controlled by your device and/or mobile service provider;
Log files including IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and/or clickstream data;
We collect information about how long and when you are using your mobile device. We also collect information on what apps you use; and
We also collect app usage information, such as error logs and crash recovery logs.
Information we may obtain from third-party sources may include:
Personal Information obtained from business partners and service providers, such as payment processors and analytics providers that perform services on our behalf. Some of these partners have access to Personal Information about you that we may not otherwise have (for example, where you sign up directly with that provider) and may share some or all of this information with us;
Personal Information from other third-party sources. We may receive additional Personal Information from third-party sources, such as credit reference agencies and public databases, that we may append to existing consumer information, such as email address verification.
Where is your information stored?
All of your location information is stored on your device, and only on your device. Your location and GPS data is not sent anywhere, including Moment’s servers. Our Services do not transfer that sensitive information.
Your device and app use information is sent securely to us. The information stored on your device cannot be accessed by any other app you have installed without your permission.
We collect certain information about your device and app use, for example how your device usage has changed over the course of using our Services. This information is transferred to us anonymously.
We also collect app usage information about how you use our Services and any errors you encounter. This information is transferred to us securely.
How do we use the information we collect and what is the legal basis for Company use?
We rely on several legitimate interests as the legal basis for our use and sharing of your Personal Information. These interests include:
Improving and customizing our Services for you;
Processing transactions requested by you;
Meeting our contractual obligations;
Compliance with legal obligations;
Understanding how the Services are being used;
Obtaining insights into usage patterns of the Services;
Exploring ways to develop and grow our business;
Processing of your information through automated means;
Ensuring the safety and security of the Services; and
Enhancing protection against fraud, spam, harassment, intellectual property infringement, crime and security risks.
Outside of these legitimate interests, our legal basis for use and sharing of your information may be based on your consent, where applicable.
The purposes for which we collect your information constitute part of our legitmate interests and are explained below in further detail.
We may use information that you provide for the following purposes:
Contact information: we use contact information that you share with us in order to administer your account and our Services, authenticate you as a user and communicate with you;
Demographic information: we may use any demographic information that you share to better understand and analyze our customer population, support our operations (including product management), to deliver relevant offers and advertising and improve our products and services by changing existing features or creating new ones; and
Online purchase information: we use your online purchase information to process your purchases made in or on our Services and to deliver purchased products and services. We may also use your online purchase information to improve our e-commerce platform and personalize your user experience.
We may use information collected automatically for the following purposes:
Location information may be used to offer you certain location-based services, such as delivering advertisements that are relevant to your particular location, and to conduct analytics to improve our Services;
Cookies, analytics and related technologies may be used to manage our Services and email messages and to collect and track information about you and your activities online over time and across different websites and social media channels;
Log files may be used to maintain the security of our Services, for fraud detection, and to protect our rights; and
We collect information about how long and when you are using your mobile device. We also collect information on what apps you use. This information is used for the core functionality of our Services: the provision of smartphone usage tracking by the Moment smartphone application.
We may use information we obtain from third-party sources for the following purposes:
Personal Information obtained from business partners and service providers: we use this information to administer the Services and conduct marketing and advertising campaigns as well as to process transactions that you request;
Personal Information obtained from third-party platforms that may allow you to login to our Services: we use this information to deliver this functionality and our Services to you; and
Personal Information from other third-party sources. We may use this supplemental information to process transactions that you request and to prevent fraud, deliver relevant offers and advertising to you and to improve our operations, Services and our advertising and marketing campaigns.
Additional uses of information
Information that we may obtain about you may be used for various purposes that may under certain circumstances be based on your consent. These purposes may be necessary to fulfill our contractual commitments to you, or may be necessary to serve our legitimate interest in the following business operations:
Operating our business, administering the Services and managing your accounts;
Contacting you to respond to your requests or inquiries;
Processing and completing your transactions including, as applicable, order confirmation, enrollment in our loyalty or other programs, account renewals, processing payments for online purchases and delivering products or services;
Providing you with newsletters, articles, product or service alerts or announcements, savings awards, event invitations and other information that we believe may be of interest to you;
Providing you with coupons, promotional information, offers and other information that are personally tailored to your interests and purchase behavior;
Conducting market research, surveys and similar inquiries to help us understand trends and customer needs;
Administering our loyalty and rewards programs, including allowing you to create and maintain customer profiles, analyzing your interactions with us, presenting customized offers and improving our products, services, programs and other offerings;
Alerting you about a product safety announcement or recall or correction of an offer, promotion or advertisement;
Administering sweepstakes and promotions or contacting you regarding a contest prize;
Preventing, investigating or providing notice of fraud, unlawful or criminal activity or unauthorized access to or use of Personal Information, our website or our data systems; or to meet legal obligations;
Enforcing our Terms of Service and other agreements; and
Sending you push notifications when you sign up for one of our messaging programs.
We use your device and app use anonymously to build average statistics. These aggregate numbers may be disclosed publicly for comparison purposes.
We may use your Personal Information for direct marketing purposes. But, we will not begin or we will cease processing any Personal Information for direct marketing purposes, including profiling if it is related to such direct marketing, if at any time you ask us to do so.
If you are a member of a Moment family, your device and app use information will be shared with your other family members.
The Company may transfer your Personal Information within our family of companies and/or to the third parties discussed above. Your Personal Information may be transferred to, stored and processed in a country other than the one in which it was collected. If you are located in the European Union, we may transfer your Personal Information outside the European Economic Area (“EEA”) and, if and when we do so, we will rely on appropriate or suitable safeguards recognized under data protection laws.
In respect of certain cross-border personal data transfers, we will obtain your consent to transfer your Personal Information outside the EEA after first informing you about the possible risks of such a transfer.
We will transfer your Personal Information outside the EEA if the transfer is necessary to the performance of a contract between you and the Company, or if the transfer is necessary to the performance of a contract between the Company and a third party, and the contract was entered into in your interest.
In addition, we may transfer your Personal Information outside the EEA if the transfer is necessary to establish, exercise or defend legal claims or to protect your vital interests.
How can you delete, modify or request the information we collect?
Upon request, we will provide you with information about whether we hold any of your Personal Information along with any details required to be provided to you under applicable law. In certain cases, you may also have a right to:
Rectify any of your Personal Information that is inaccurate;
Restrict or limit the ways in which we use your Personal Information;
Object to the processing of your Personal Information;
Request the deletion of your Personal Information; and
Obtain a copy of your Personal Information in an easily accessible format.
Requested Personal Information will be provided in a data portable format; we will provide any requested Personal Information in a structured, commonly used, and machine readable format and transmit such personal data without hindrance.
Additionally, under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship:
A list of the categories of Personal Information that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and the names and addresses of all such third parties.
You also have the right to withdraw your consent to our processing of your Personal Information, where our processing is solely based on your consent. You can do this by discontinuing use of the Services, including by closing all of your online accounts with us and contacting us to request that your Personal Information be deleted.
To submit any of the aforementioned requests, please contact us at firstname.lastname@example.org.
Please note that, in certain cases, we may continue to process your Personal Information after you have withdrawn consent and requested that we delete your Personal Information, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping the Services safe and secure.
To delete your location and device use information permanently, delete our mobile app from your device. If you have backed up your data to a Moment account, email email@example.com to request that your account be permanently deleted.
Certain aggregate device and app use information transferred to us will be kept anonymously. It will be deleted according to our regular retention schedule.
If you have any complaints regarding our privacy practices, you have the right to lodge a complaint with your applicable national supervisory authority.
How do you manage your communications preferences with the Company?
If you have opted in to our marketing communications (or where permitted by law, if you have provided us with your contact information), we may send you email messages, direct mail offers, push notifications or other communications regarding products or services depending on the method of communication selected. You may ask us not to do so when you access our websites or mobile applications, or change your preferences by updating any accounts you have with us. At any time, you may elect to discontinue receiving commercial messages from us by submitting an opt-out request to the contact information at the end of this Policy or by following the unsubscribe instructions in the form of the communication you previously received.
Our policy towards children using our Services
Our Services are not directed at children under the age of 16 and we do not knowingly collect any information from these children. Parental consent is required for children under the age of 16 to use our Services. We will make reasonable efforts to verify parental consent, taking into consideration the limitations of available technology.
If we learn that we have inadvertently collected information on a child under the age of 16, we will immediately delete that information to the best of our ability.
Different jurisdictions may provide by law a lower age for the above mentioned purposes of consent, so long as the lower age is not below 13 years old.
What steps do we take to protect your information?
We take all reasonable measures to protect your information in an effort to prevent any misuse or unauthorized access to your information. Despite our efforts, no security measures are 100% impenetrable and no method of data transmission can be guaranteed against any type of misuse.
Please note that at all times you are responsible for updating your Personal Information to provide us with your most current email address.
In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice.
How can you contact us if you have any questions?
You can contact Kevin Holesh at firstname.lastname@example.org if you have any further questions regarding this Policy or our data protection practices.