Privacy Notice

This privacy notice ("Privacy Notice") explains how we at Momently, Inc. ("Momently", "we", or "us") collect and use personal information ("Personal Information") relating to: (i) Visitors ("Momently Site Visitors") of Our websites, including momently.com (collectively, the “Site”); (ii) registered users of the Momently service ("Customers"); and (iii) visitors ("Customer Visitors") to Our Customers' websites on which the Momently service is implemented ("Customer Websites"). Certain sections of this Privacy Notice are only relevant if you are a Momently Site Visitor; others are only relevant if you are a Customer, or a Customer Visitor.

By visiting the www.momently.com website and domain name, any other linked pages, features, content, mobile applications, and any other services we offer in connection with any of the foregoing (collectively, the "Site"), along with services related to the Site (collectively, the "Service"), you agree to the practices and policies set forth in this Privacy Notice, and you hereby acknowledge and consent to our collection, use, and sharing of your information as described in this Privacy Notice. Please note that this privacy notice does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage, even if you have accessed the websites or services of those companies through our Website. If you submit personal information to any of those sites, your information is governed by their privacy notice. We encourage you to carefully read the privacy notice of any site you visit.

If you are a Customer using the Service, this Privacy Notice is a part of Our Terms of Service. "Terms of Service" as used herein shall refer to Our online terms of use as well as the terms of any master service agreement or other agreement governing use of the Service. Customers agree to be bound by the Terms of Service and to have read and understood this Privacy Notice. Capitalized terms used here and defined in the Terms of Service shall have the meanings set forth in the Terms of Service. Any order forms or additional agreements to which Customers agree governing the provision of optional Momently features shall take precedence over the terms of this Privacy Notice to the extent of any differences, so please read such order forms or additional agreements carefully.

This Privacy Notice only addresses activities on Our Site and Service.

If you have any questions or comments regarding this Privacy Notice or its enforcement, please contact Us at legal@momently.com. Where appropriate We may refer you to Our Customer in respect of any queries relating to the Customer as the data controller.

What Personal Information do we collect? How we use personal information?

Momently Site Visitors including Customers who visit the Site.

For Momently Site Visitors, We collect and store Site use data, such as IP address and browser type, and We use analytics services which set and collect cookie IDs for purposes of understanding Momently Site Visitors' loyalty to the Site. We use the IP addresses to assist in login and other uses related to use of the Service. Momently Site Visitors sessions on Our Site are also tracked for systems administration purposes and to track user trends.

We may also collect user ID and password information to enable returning Momently Site Visitors to log into the Site.

Finally, Momently Site Visitors may provide personal information to us in order to download marketing materials, or in order to opt-in to receive marketing emails. Momently Site Visitors can opt-out of marketing emails at any time by utilizing the unsubscribe links provided therein.

Customers who use the Momently Product

For Customers specifically, We collect and store personal information that Our Customers submit to Us, such as their names and e-mail addresses and billing information, to allow Us to identify Customers, provide the Service and notify Customers of changes or updates to the Service.

If a Customer elects to provide it, We also collect and store the Customer’s phone number, which We use to assist Us in providing the Service, including to contact them in account recovery and other scenarios.

We also collect other information from Customers, such as IP address and browser type. We use the IP addresses of Customers to assist in login and other uses related to Customers’ use of the Service. Customers’ sessions on Our Site are also tracked for systems administration purposes and to track user trends. We may link IP address and other information to a Customer's account.

We also collect Customers’ user ID and password information to enable them to log into and use the Service.

Finally, Customers may opt-in to receive marketing emails from us when they register for the Service. Customers can opt-out of marketing emails by utilizing the unsubscribe links provided therein, but We may still need to send Customers e-mails relating to their accounts.

Customer Visitors who visit publisher's websites

For Customer Visitors, when a Customer Visitor visits a Customer Website, We collect certain information regarding their use of the Customer Website, such as their browser type on behalf of our Customer. Their session on the Customer Website will be tracked, but each user will remain anonymous. We may use their IP address to identify the general geographic area from which they are accessing the Customer Website. We do not store IP addresses or link IP addresses to any personal information. We also use this information for systems administration purposes, abuse prevention and to track user trends in connection with Our provision of the Service.

We collect information relating to traffic on the Customer Websites ("Traffic Data") on which the Service is implemented. In connection with the collection of this Traffic Data, Momently does not collect any personal information from Customer Visitors, (i) so long as the Customer configures the Momently code on the Customer Website in accordance with the instructions and documentation provided by Us, so that URLs containing personal information of Customer Visitors are not captured by the Service, and (ii) provided that We do collect IP addresses from Customer Visitors in order to show geolocation information but We do not store IP addresses.

Traffic Data is used to provide Customers with real-time analytics. We may aggregate and anonymize Traffic Data with that from other sites to provide benchmarking data and other functionality, but We will not use or disclose aggregated Traffic Data in a manner that reveals the identity of a Customer or Customer Website without the Customer’s express prior consent.

We also collect first party cookie IDs on behalf of Customers. Momently code, by default, sets and reads a cookie on the Customer's website domain containing a randomly-generated user ID for purposes of determining unique visitor counts and visitors' loyalty to a site. Such information can be classified as personal information under the European General Data Protection Regulation but it is not stored in a manner that would permit personal identification.

We also collect and use browser header information to help Us understand from which websites a Customer Visitor navigates to a Customer Website.

Our Customers are required to: (a) make appropriate disclosures using the Customer's privacy notice or via statements on the Customer's website(s); and (b) obtain all Customer Visitors' consent to the use of cookies, if applicable, as required by law. Momently is not and shall not be liable for any collection or use of personal information of Customer Visitors due to a Customer’s placement of the Momently code on the Customer Website not in accordance with Momently's instructions or documentation.

Legal basis for use of your personal information

We consider that the legal bases for using your personal information as set out in this Privacy Notice are as follows:

Momently Site Visitors

Our use of your personal information is necessary:

to perform Our obligations in connection with the Terms of Use which Customers accept by using the Service; or

for Our legitimate interests or the legitimate interests of others (for example, to ensure the security of Our Site). Our legitimate interests are to: (i) run, grow and develop Our business; (ii) operate our Site; (iii) analyze the use of Our Site and make improvements; (iv) identify visitors, administer the Service; (v) make product decisions; (vi) notify visitors of changes or updates to the Site; (vii) for systems administration purposes; and (viii) to track visitor trends.

Customers

Our use of your personal information is necessary:

to perform Our obligations in connection with the Terms of Use which you accept by using the Service and/or to comply with Our contract to provide Services to you or (if you are an employee of a Customer) your employer; or

for Our legitimate interests or the legitimate interests of others (for example to ensure the security of Our Site). Our legitimate interest are to: (i) run, grow and develop Our business; (ii) operate Our Site; (iii) allow Us to identify Customers; (iv) provide the Service; (v) notify Customers of changes or updates to the Service; (vi) contact you in account recovery and other scenarios; (viii) assist in login and other uses related to Customers’ use of the Service; (ix) perform systems administration activities; (x) track visitor trends; (xi) enable you to log into and use the Service; (xii) send marketing emails; (xiii) send account related emails.

If we rely on your consent for us to use your personal information in a particular way, but you later change your mind, you may withdraw your consent by contacting us at legal@momently.com and we will stop doing so. However, if you withdraw your consent, this may impact the ability for us to be able to provide Our Services

Customer Website Visitors

We are processors of information about Customer Visitors and therefore are not strictly required to provide information about the legal basis on which We use personal information of Customer Visitors. Accordingly, if you are a Customer Visitor, you should check the privacy policy of the website that you are visiting and that is being operated by Our Customer. Section 3 (c) above describes how we process information on behalf of Our Customers.

If We rely on Our legitimate interests for using personal information, We will undertake a balancing test to ensure that Our legitimate interests are not outweighed by your interests or fundamental rights and freedoms which require protection of the personal information. You can ask Us for information on this balancing test by contacting us at legal@momently.com.

Purchase Information

If you purchase subscriptions to our Service from our Site, we request that you provide your name, email address, credit card information, and other information necessary to open your account and complete the transaction. We do not collect or store your full credit card information (although we may store the last four digits for verification purposes). Our credit card processing service provider (braintree) will collect and store full payment card information from you to pay for your Service.

When and why we share personal information?

Except as expressly set out in this Privacy Notice, We will not sell, lease or exchange the personal information relating to: (i) Momently Site Visitors; (ii) Our Customers; or (iii) Customer Visitors (to the extent that we obtain personal information), to third parties without first obtaining express consent, unless permitted or required by law.

Traffic Data. For Customers and Customer Visitors, We may aggregate and anonymize Traffic Data with that from Our other Customers to provide benchmarking data and other functionality, but we will not disclose aggregated Traffic Data in a manner that reveals the identity of a Customer or a Customer Website without the Customer’s express prior consent.

Agents, vendors and service providers. For all types of personal information (from Momently Site Visitors, Customers and Customer Visitors ), We employ other companies and people to perform tasks on Our behalf and may need to share personal information with them to provide Our products and services. Examples include billing, technical assistance, and customer service. Our agents subscribe to the same level of privacy protection as we do. Unless we tell you differently, Momently’s agents do not have any right to use the personal information we share with them beyond what is necessary to assist us. Any agent that we share your personal information with must agree, via contract, to provide adequate protections for the personal information that are no less protective than those set out in this policy.

Sale or Transfer of Business. Momently may choose to buy or sell assets. In these types of transactions, information about Customers as well as aggregated and anonymized data is typically one of the business assets that is transferred. Moreover, if Momently, or substantially all of its assets, were acquired, user information would be one of the assets that is reviewed and transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Momently may continue to use your personal information as set forth in this Privacy Notice.

Public authorities and compliance with law. Momently may be required to disclose personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements, prevent illegal activity, or comply with any legal obligation.

Enforce Our Terms of Use and agreements We may disclose your personal information to third parties in order to enforce or apply Our Terms of Service, or any other agreement or to respond to any claims, to protect Our rights or the rights of a third party, to protect the safety of any person or to prevent any illegal activity.

Protect rights and property We may disclose your personal information to protect the rights, property, or safety of Momently, Our staff, Our Customers or other persons. This may include exchanging personal information with other organizations for the purposes of fraud protection.

How long we store your personal information?

We keep your personal information for no longer than necessary for the purposes for which the personal information is processed. The length of time for which We retain personal information depends on the purposes for which We collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend Our legal rights.

Except as required by applicable laws or in order to defend any actual or possible legal claims, We will take reasonable steps to return or irretrievably delete all personal data processed on behalf of Our Customers when it is no longer required to exercise or perform Our rights or obligations under Our Terms of Service, and in any event within 90 days of expiry or termination of Our Terms of Service.

Choice

Your authorization required. Whether you are a Momently Site Visitor, a Customer or a Customer Visitor, We will not use or share your personal information other than as set forth in this Privacy Notice, or as you have explicitly authorized, without obtaining your consent.

If at any time We would like to disclose your personal information to a third party in a manner not described above, We will provide you with an affirmative or explicit (opt in) choice. To limit the use and disclosure of your personal information, you may also submit a written opt-out request to legal@momently.com.

Email Opt-Out. As noted above in relation to Our Customers specifically, Customers may choose to receive marketing emails from us when they register for the Service. Customers can opt out of such e-mails by utilizing the unsubscribe links provided therein.

In addition, you have certain rights in relation to your personal information. If you would like further information in relation to these or would like to exercise any of them, please contact Us via email at at legal@momently.com at any time.

Please note that We do not retain IP addresses of Customer Visitors. We also do not retain browser information or header information relating to Customer Visitors for more than a temporary period of time in order to provide the Service, and as such, that information cannot be accessed or modified once deleted.

Access and your rights

You have the following rights; however, if you are Customer Visitor, except as may otherwise be set forth below, you must exercise these by contacting the Customer which operates the Customer Website that you are visiting and which gives rise to your right to exercise:

Right of access. You have a right of access to any personal information We hold about you. You can ask Us (or if you are a Customer Visitor, the Customer which operates the Customer Website that you are visiting) for a copy of your personal information; confirmation as to whether your personal information is being used by Us; details about how and why it is being used; and details of the safeguards which are in place if We transfer your information outside of the United Kingdom or the European Economic Area ("EEA").

Right to update your information. You have a right to request an update to any of your personal information which is out of date or incorrect.

Right to delete your information. You have a right to ask Us (or if you are a Customer Visitor, the Customer which operates the Customer Website that you are visiting) to delete any personal information which is being held about you in certain specific circumstances. You can ask Us (or if you are a Customer Visitor, the Customer which operates the Customer Website that you are visiting) for further information on these specific circumstances. When applicable, contact Us at legal@momently.com.

We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask Us who the recipients are, by contacting us at legal@momently.com.

Right to restrict use of your information. You have a right to ask Us (or if you are a Customer Visitor, the Customer which operates the Customer Website that you are visiting) to restrict the way that We process your personal information in certain specific circumstances. You can ask Us (or if you are a Customer Visitor, the Customer which operates the Customer Website that you are visiting) for further information on these specific circumstances. Contact Us at legal@momently.com.

We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask Us who the recipients are, by contacting us at legal@momently.com.

Right to stop marketing. You have a right to ask Us to stop using your personal information for direct marketing purposes. If you exercise this right, We will stop using your personal information for this purpose. In any event, we do not use Customer Visitor personal information for this purpose.

Right to data portability. You have a right to ask Us to provide your personal information to a third party provider of services.

This right only applies where We use your personal information on the basis of your consent or performance of a contract; and where Our use of your information is carried out by automated means.

Right to object. You have a right to ask Us to consider any valid objections which you have to Our use of your personal information where We process your personal information on the basis of Our or another person's legitimate interest.

We will consider all such requests and provide Our response within a reasonable period (and in any event within one month of your request unless We tell you We are entitled to a longer period under applicable law). Please note, however, that certain personal information may be exempt from such requests in certain circumstances, for example if We need to keep using the information to comply with Our own legal obligations or to establish, exercise or defend legal claims. If an exception applies, We will tell you this when responding to your request. We may request you provide Us with information necessary to confirm your identity before responding to any request you make. Further, if you are Customer Visitor, you may be required to make your request by contacting the Customer which operates the Customer Website that you are visiting and which gives rise to your request.

Cookies

Like many other websites, We use a standard technology called "cookies."

Cookies are small pieces of information stored on your hard drive. They can help make the Internet experience quicker and more convenient.

Our site. As set forth above, we may use cookies in connection with third party services to run analytics on Our Site.

Customers. Cookies allow Customers to login without entering their user ID and password each time they use the Service.

Customers' websites. We also use cookies on Customer Websites; these cookies help Us understand how Customer Visitors interact with those Customer Websites. Cookies also allow Us to improve the Service.

If a Customer does not allow the placement of Momently cookies on its Customer Website, the “new vs. returning user” data point in its Momently dashboard will not be accurately reported. If you choose to remove Momently cookies, please refer to the documentation for your browser.

Disabling cookies. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. If a Customer disables cookies, it will not be able to use the data tracking capabilities of the Service.

For Our European Customers where the EU ePrivacy Directive applies. Momently uses two cookies. One cookie (mnt_1) is used to register whether a Customer Visitor has visited the Customer Website before (to calculate “new vs returning” users). The mnt_1 cookie is valid for 2 years. The other (mnt_2) is used to determine new sessions/visits. The cookie is created when the Momently code executes and no existing mnt_2 cookies exists. The cookie is updated every time data is sent to Momently.

Links to third party websites

Our Site may contain links to third party websites. Please be aware that We are not responsible for the privacy practices of third party websites you choose to visit. If you provide any personal information directly to parties other than Us, different rules may apply to the use or disclosure of that personal information. We encourage you to investigate and ask questions before disclosing your personal information to third parties.

Third party advertisers

We may choose to deploy advertising on the Site and Service that is delivered to Momently Visitors and Customers through a third party's advertising server. Information about Momently Visitors and Customers' use of Our Service, such as the number of times a visitor has viewed an ad (but no personal information of the user), would be used in such a scenario to serve ads to Momently Visitors and Customers.

Voluntary public disclosure of personal information

Please be aware that whenever one voluntarily discloses personal information online - e.g., on message boards, in chat areas, in file uploads, through events, etc. - that information becomes public and can be collected and used by others and indexed in search engines. We have no control over, and take no responsibility for, the use, storage or dissemination of such publicly disclosed personal information. By posting personal information online in public forums, users may receive unsolicited messages from other parties.

If you log on to our Site or Service through a social networking site (e.g., Facebook or Twitter), we may receive personal or anonymous data about you from that site, in accordance with the terms of use and privacy policy of that site. We may add this information to the information we have already collected from you via the Site or Service.

How we keep personal information secure?

We have implemented an information security program that contains administrative, technical and physical safeguards designed to reasonably protect the Personal Information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Although we have taken all the necessary measures to safeguard sensitive information when it is being transmitted over the Internet, no electronic transmission of information can be entirely secure. Therefore we cannot guarantee that our security measures will always be sufficient or effective, or that those measures will never be defeated or fail. You can further protect yourself by safeguarding your Momently account by not sharing your user name and password information with anyone. It is also safe practice to sign out of your account and close your browser window when you have finished your visit to our Site. Also keep in mind that we never ask for your Momently account user name and password via email.

Location and storage of personal information

We process all personal information in facilities in the United States. Personal information is either collected in the United States, obtained through websites which are hosted in the United States, or transferred to the United States from websites which are hosted outside of the United States.

Regardless of where the personal information comes from, it is subject to this Privacy Policy and receives the same level of privacy protection as described herein.

Privacy protection for children

In compliance with the Children's Online Privacy Protection Act (COPPA) and applicable European data privacy laws, We do not knowingly provide access to the Service to persons under the age of eighteen (18). If We learn that any user of the Service is under the age of eighteen (18), We will take appropriate steps to remove that user's information from Our records and We will restrict that individual from future access to the Service. Please contact us at legal@momently.com if you are aware that we may have inadvertently collected personal information from a child.

Social connect

We offer Facebook, Twitter and Google users the option to register with Momently using their Facebook, Twitter, or Google account. If you are already logged into Facebook, Twitter, or Google, we will ask you to grant Momently permission to access your Facebook, Twitter, or Google account’s basic information such as first and last name and also your email address. Upon granting access to your email address, Momently will create an account with your basic information, which you can use to setup analytics for your website. Momently does not access your Facebook or Twitter feeds, and does not send messages to your friends list or send any message on your behalf.

Modification and notification of changes to this privacy notice

We may update this Privacy Notice periodically and without prior notice to you to clarify our practices or to reflect new or different privacy practices, such as when we add new features to our Site. If we make any material changes to our Privacy Notice we will notify you by posting a prominent notice on our Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information about our privacy practices. It is indicated at the bottom of this Privacy Notice when it was most recently updated.