In order for us to (i) provide you with the services and functionalities offered via the Platform, (ii) engage in troubleshooting activities, and (iii) improve upon the Platform's performance, safety and security, we may collect and process some or all of the following types of information about you:
While certain types of information described above, such as Usage Information and Third-Party Information, are generally non-identifying on a standalone basis, we may in certain instances combine this information with other information collected on the Platform, as described above. If we ever combine non-identifying information with Personal Information or other information that enables you to be identified, we will treat such combined information as Personal Information. We do not currently use your Personal Information for automated decision making which produces legal effects concerning you or similarly significantly affects you.
European Union data protection law requires a "lawful basis" for collecting and retaining Personal Information from citizens or residents of the European Economic Areas ("EEA")Our lawful basis for collecting such information about you is permitted under Article 6, Sections 1(a), 1(b), 1(c) and 1(f) of the EU general data protection regulation 2016/679 ("GDPR"), which are summarized below.
Social Media Plug-ins We use the following social media plug-ins: Facebook, WhatsApp, Instagram, Twitter, YouTube, and may in the future use others. This allows you to communicate with such service and "like" or "comment" on the Platform. The social media plug-in enables a direct communication between your end user device and the servers of the social media provider, allowing the social media provider to communicate with you and collect information about you browsing our Platform. This processing is based on Article 6, Section 1(f) of the GDPR and represents our legitimate interest to improve your Platform User experience and to optimize those services and functionalities offered via the Platform. When you use a social media plug-in, transfer of your Personal Information may take place whether you have a registered user account with the applicable social media provider or not. Please note that we are not responsible for the content and the data collection on respective third-party websites or apps and that we neither control the extent of Personal Information collected by the respective plug-in provider nor do we know the purpose for processing or the period your Personal Information will be retained. For further information as to how and for what purpose the social network provider processes your data, please see the relevant privacy policies of these social network providers, and their notification when you connect to the social network in question. We recommend that you check and review the relevant privacy policies of any additional social network provides that we may add plug-ins for in the future.
Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA https://www.facebook.com/policy.php
Instagram, Inc., 1601 Willow Road, Menlo, CA 94025, USA https://help.instagram.com/155833707900388
Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA https://twitter.com/privacy
YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA https://policies.google.com/privacy?hl=en
Apple Music and Spotify Plug-ins We use the following sound recording API plug-ins: Apple Music, Spotify, and may in the future use others. This allows you to communicate with such services to access your music library while creating User Content on the Platform, provided that you have an active subscription with such services. In connection with your use of this functionality on the Platform, upon establishing a link to your Apple Music or Spotify account, we may receive information from such services, as applicable, including how you use such services. We recommend that you check and review the relevant privacy policies of Apple Music, Spotify, and any additional music services that we may add plug-ins for in the future.
Apple Inc., One Apple Park Way, Cupertino, California, USA, 95014 https://www.apple.com/legal/privacy/en-ww/
Spotify USA Inc., 150 Greenwich Street, Floor 62, New York, NY 10007 https://www.spotify.com/us/legal/privacy-policy/
Augmented Reality Functionality To provide our Users with augmented reality functionality, which enable Users transform their appearance, or the appearance of certain objects, in User Content, we use object recognition software developed by Apple, Inc. known as "ARKit". Object recognition is an algorithm designed to help a computer generally understand what objects are in an image. In this case, for example, it lets us know that a nose is a nose or an eye is an eye. Object recognition software, however, is different than facial recognition software, and while the underlying technology of ARKit can determine what is or isn't a face, the technology does not recognize specific faces or the identity of specific individuals.
We may also use information from a technology developed by Apple Inc. known as TrueDepth camera to enhance our User's experience and improve the quality of these augmented reality functionalities.
We currently do not store, or share with third parties, any object recognition information generated from your use of ARKit or TrueDepth on our Platform.
We may use the information we collect about/from you to:
We may also use certain collected information on an aggregated and/or anonymized basis in order to conduct market research, engage in project planning, for troubleshooting purposes, to help detect and protect against error, fraud or other criminal activity.
Information that May be Publicly Accessible
As described in more detail in Sections 5 and 6 of the Terms of Service, certain Personal Information that you upload to the Platform (such as certain Account profile information), certain User Content (such as UGC you upload to and make public on the Platform, or comments that you post to the Platform), and certain Platform usage information (such as User Content you "like"), will automatically, or upon your selection, be made publicly available to other Users on the Platform. You acknowledge and agree that certain Account information (such as your Account profile name, picture, and/or User Content, etc.) that you provide in connection with (i) the registration of your Account and (ii) your general use of the Platform, such as uploading User Content, will be publicly viewable by all Users of the Platform. We are not responsible for the privacy practices of the other Users who will view and use this information, so you should carefully consider whether to upload any User Content on the Platform or how you identify yourself on the Platform. You should not disclose your home address or the address of your place of business, or other locations you frequent on a regular basis in any User Content.
You may share your location information with other Users by tagging your UGC with your location information. We do not share your location with other Users, aside from the location information that you choose to tag.
Information We May Share with Third Parties
Company does not retain your username or password for SM Login Channels for any longer than is necessary to complete an interaction. If you would like to disconnect an SM Login Channel user account from the Platform, refer to the settings of that social media account and its provider.
Music Service Plug-ins
Company does not retain your username or password for your music services for any longer than is necessary to complete an interaction. If you would like to disconnect a music service user account from the Platform, refer to the settings of that music service account and its provider.
A more detailed list of the cookies we currently, or in the future may, use and how we use, or may use, them are as follows:
Our Platform may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the Platform is used.
We use third parties to gather information about how you and others use the Platform. For example, we will know how many Users access a specific page and which User Content they clicked on. We use this aggregated information to understand and optimize how the Platform is used.
The Platform may include links to other websites, mobile applications or services ("Third Party Sites"), whose privacy practices may differ from those set forth herein. Such links are not an endorsement by Company of those Third Party Sites and/or the products or services they offer. If you visit Third Party Sites or submit Information to any of those Third Party Sites, your visit and Information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Third Party Site you visit, as it may differ substantially from that of this privacy statement. Company makes no representations or warranties with respect to, nor is Company responsible for the privacy policies of, any Third Party Sites. If you decide to click on any such links or access any Third Party Sites appearing on the Platform, you do so at your own risk.
In certain circumstances you have the right to access the Personal Information that we collect/hold about you and to correct, update, or request deletion of your Personal Information. Prior to the fulfilment of your request concerning your Personal Information, we will ask you to verify your identity before we can act upon your request.
You have the following rights:
As far as we process your Personal Information on the basis of our legitimate interests, you can object to processing at any time. You can find a detailed description of our processing activities and the legal basis in the sections above. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your Personal Information and decide whether to adjust the processing accordingly.
Please note that your browser setting may allow you to automatically transmit a "Do Not Track" signal to websites and online service you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, we do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.
We follow generally accepted industry standards to protect your information, both during transmission and once we receive it, and to keep such Information confidential (unless it is non-confidential by nature, for example, publicly-available information) and free from any unauthorized alteration. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. While we strive to keep current our security technology and will review, refine and upgrade our security technology as we deem appropriate based on new tools that may become available in the future, the complete and absolute security of any Information collected, stored or used by us cannot therefore be guaranteed. In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information. If you ever discover inaccuracies in our data or if your Personal Information changes, we urge you to notify us immediately.
If you have any questions about security on our Platform, you can contact us at Support@Momento.co.
Our Platform is not directed to children under the age of thirteen (13), and we do not knowingly collect, use, or disclose Personal Information from (i) children under the age of thirteen (13) or (ii) children between the age of 13 and 18 (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such child's primary residence) that do not have parental or legal guardian consent to use the Platform. If we ever discover that we have inadvertently collected Personal Information from children under the age of thirteen (13) on or through the Platform, we will delete it from our records as soon as possible.
If you believe that we have Personal Information about, or have collected Personal Information from, (i) a child under 13, or (ii) between the age of 13 and 18 (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such child's primary residence) without parental/legal guardian consent, or that such a person is using the Platform, please see Section 13 of the Terms of Service for available remedies, including how to contact us to report this.
We may offer sweepstakes, contests, and other promotions through the Platform (any, a "Promotion") that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the
Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winner's list.
As also detailed in the "Information We Collect and Receive" section above, through the Platform we collect certain Personal Information, including such information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California-resident User or his or her device. In particular, the Platform, has collected the following categories of Personal Information within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.||YES|
|B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other Personal Information.||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Personal Information does not include:
We collect Personal Information for the business and commercial purposes described in the "Use of Information We Collect" section above.
We share Personal Information with the categories of third parties described in the "Sharing Your Information" section above. We do not sell (as such term is defined in the CCPA) Personal Information we collect (and will not sell it without providing a right to opt out).
Please note that we do use third-party cookies for certain purposes as further described in the "Cookies and Other Tracking Technologies" section above.
Subject to certain limitations, the CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights, which specifically includes:
Access to Specific Information and Data Portability Rights
You have the right to request that Company disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights subsection below), we will disclose to you:
Deletion Request Rights
You have the right to request that Company delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights subsection below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by email at Support@Momento.co.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Making a verifiable consumer request does not require you to create an Account with us. However, we do consider requests made through your password protected Account sufficiently verified when the request relates to Personal Information associated with that specific account. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
Company endeavors to respond to a verifiable California residents request within forty-five (45) days of its receipt. If Company requires more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
Personal Information Sales Opt-Out and Opt-In Rights
We will not sell your Personal Information to any party. If in the future, we anticipate selling your Personal Information to any party, we will provide you with the opt-out and opt-in rights required by the CCPA.
Company will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, Company will not:
Deny you products or services on the Platform.
Charge you different prices or rates for products or services on the Platform, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of products or services on the Platform.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of products or services on the Platform.