Privacy Policy

Our Privacy Policy (this “Policy”) explains how we at Moment Health Inc. (the “Company”) collect, use, and share information when you use our mobile app “Moment” and other associated services (collectively, our “Services”).

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 89 Sheehy Court, Napa, CA 94558.

Please read this Policy carefully.

This Privacy Policy covers the following:

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:

Information collected automatically may include:

Information we may obtain from third-party sources may include:

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:

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:

We may use information collected automatically for the following purposes:

We may use information we obtain from third-party sources for the following purposes:


 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: 

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.

We share your Personal Information with third parties only in the ways described in this Privacy Policy. We may share your Personal Information within our family of companies, with service providers and with our business partners, in connection with business transfers and to comply with the law, protect health and safety and enforce our legal rights.

In the future, we may sell to, merge with, buy or partner with other businesses. The information we collect may be among the transferred assets. If our Services are acquired by or merged with another company, we will notify you via this page and email to the email address you last provided to us before any information is transferred and becomes subject to a different privacy policy.

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?

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy (for example, if you have an account, for as long as your account is active), subject to your right, under certain circumstances, to have certain of your Personal Information erased, unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights.

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:

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:

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 support@inthemoment.io.

If you withdraw your consent to the use or sharing of your Personal Information for the purposes set out in this Privacy Policy, you may not have access to all (or any) of the Services, and we might not be able to provide you all (or any) of the Services.

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 support@inthemoment.io 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.

How does our Privacy Policy interact with third-party sites and social media?

Certain websites, mobile applications or other digital properties included in the Services may contain additional disclosures related to your privacy. For example, if you choose to submit a testimonial through one of our websites, the content of your submission will be used according to the terms set out on the submission webpage as well as in the ways described in this Privacy Policy.

As such, our Services may include links to websites and digital services operated by third parties. This Privacy Policy does not apply to, and we are not responsible for the content, privacy policies or data practices of third parties that collect your information. We encourage you to review the privacy policies for those third parties to learn about their information practices.

Our Services may feature “like” buttons and widgets hosted by other companies. These features may collect your IP address, which page you are visiting on our Service and may set a cookie to enable the feature to function properly. The loading, functionality and your use of the plugins are governed by the privacy policy and terms of the third party that provided the plugin.

Our Services may also allow you to log in using a social network or other third-party account. An example of a third-party login is “Log in with Facebook.” Logging into one of our Services with your social network or other third-party account may allow us to gather information that you give us permission to access from that social network or third party. The login feature may also transfer information to the social network or third party, such as your username and password, to authenticate you. The social network or third party may also automatically collect information such as your IP address, information about your browser and device and the address of the web page you are visiting on our site. The login feature may also place and read cookies from that third-party that may contain a unique identifier the social network or other third-party assigns to you. The functionality of and your use of the login is governed by the privacy policy and terms of the party that provided the login functionality.

What happens when changes are made to this Privacy Policy?

We may revise and amend this Privacy Policy occasionally. We will post the changes on this page, notify you by sending you an email to the last email address you provided and update the effective date below.

Any changes to this Privacy Policy will be effective upon the earlier of five business days following our dispatch of an email notice to you or five calendar days following our posting of notice of the changes on the Services. These changes will be effective immediately for new users of our Services.

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.

Your acknowledgment of this Privacy Policy

By checking the box inside of the app and using our services, you acknowledge that you have received, read, and understood our Privacy Policy.

How can you contact us if you have any questions?

You can contact Kevin Holesh at kevin@inthemoment.io if you have any further questions regarding this Policy or our data protection practices.

This version of the Privacy Policy is effective starting November 13, 2018.