What Information Do We Collect?
As described in detail below, we may collect certain identifying information from or about you in connection with your use of, or your submissions to, the System (collectively, the “Collected Information”). Collected Information includes, without limitation, any information that may be used to identify an individual, including, but not limited to, a first and last name, a home, business, or other physical address, business name, a phone number, an email address, employer name, employer information (i.e., employer address and other identifying information). We use the information we collect to provide you the Services that are available via the Website. In order to continuously improve your service and tailor our subsequent communications to you, we may also ask you to provide us with additional information regarding your demographics, comments, professional interests, and contact preferences.
Cookies and Usage Reports
By placing a small file known as a "cookie" on your computer (or other device), Momar’s and its third party service providers’ servers passively gather information about all visitors' use of the System for several reasons, including, but not limited to, the following: statistics collection and analysis, System optimization, analytics (as described below), market research, and maintenance of user login information. The information that we and our third party service providers track with cookies includes, but is not limited to, the type of browser (such as Google Chrome or Internet Explorer) and Internet-connected devices being used to access the System, your Internet protocol (“IP”) address, your home domain or Internet service provider, your referrer URL (which is the URL for the website that you were viewing prior to visiting the System), how you were directed to the System, which specific pages you access on the System, how long you view each page, the time and date you access our System and the total number of visitors to the System and any portions thereof. We, and/or our third party service providers, may use the information collected from cookies or similar files on your computer for security purposes (such as authentication), to facilitate site navigation and to personalize your experience while visiting the System. This data helps us and our third party service providers improve our respective product and services.
Most popular Internet browser applications will allow you to configure the browser so as not to accept cookies. However, setting your browser to reject cookies may, in certain instances, prevent you from taking full advantage of the System (or some portion thereof) and its capabilities, or cause some features of the System to function improperly or more slowly.
The System uses third party analytics services in order to better understand your use of the System and how we can improve it. Some of the analytics information captured by the System may be identifiable to you, but we only share it with our third party service providers.
We appreciate your questions and comments about the System and Services and welcome your messages at our “Contact Us” page, which you can find at http://momar.com/talktous. If you correspond with Momar through the System or via email, the Collected Information may include the content of, and metadata regarding, any correspondence you may have with us. We may share your messages with those within our organization who are most capable of addressing the issues contained in your message. We may archive your message for a certain period of time or discard it.
How Can I Opt-Out of Promotional Correspondence?
We may send you emails with promotional offers only if you opt-in to receiving such emails. If you would no longer like to receive information, newsletters or other promotional messages from us, please click the link at the bottom of any such email you receive from us and follow the instructions, or alternatively you may contact us at firstname.lastname@example.org with the word “UNSUBSCRIBE” or “REMOVE” in the subject line. Your email address will be removed from our marketing list. Please allow us a reasonable period of time in order to satisfy your request, as some promotions may already be in process.
Online Account Management
If you elected to subscribe to any online services provided via the System, including the ability to access any password-protected areas of the System, you will be required to submit personal information (including some Collected Information) for the purpose of verifying your identity and your authority to manage the account. This Collected Information will be used exclusively by Momar, our agents, suppliers and third-party service providers for internal use and to respond to your service requests.
How Do We Use The Information That We Collect?
- you expressly authorize Momar to do so,
- it is necessary to allow Momar’s service providers, agents, or other third parties to provide products or services for or to Momar,
- it is necessary in order to provide the System or the Services,
- Momar is sending you other information that may be useful to you,
- subject to applicable contractual or legal restrictions, it is disclosed to entities that perform marketing services on Momar’s behalf or to other entities with whom Momar has joint marketing agreements,
- it is necessary to protect the confidentiality or security of your records,
- it is necessary in connection with other business purposes including, without limitation, verifying identity and/or age, investigating complaints about the System, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends and dispute resolution,
- it is necessary to comply with law enforcement, governmental mandate, or other legal requirement, if appropriate, for your protection or in connection with an investigation or prosecution of possible unlawful activity;
- subject to applicable contractual or legal restrictions, it is necessary in connection with a sale of all or substantially all of the assets of Momar or the merger of Momar into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which Momar is not the survivor, or
- it is otherwise necessary for Momar to disclose it as required or permitted by law.
With Whom Do We Share Information That We Collect?
We may also disclose Collected Information if we become subject to a subpoena or court order, or if we are otherwise legally required to disclose information. We may also use and disclose Collected Information to establish or exercise our legal rights, to enforce the Terms and Conditions, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.
As Momar grows and develops its business, it is possible that its corporate structure or organization might change or that it might merge or otherwise combine with, or that it or portions of its business might be acquired by, another company. In any such transactions, customer information generally is, and should be expected to be, one of the transferred business assets. Also, if any bankruptcy, liquidation or reorganization proceeding is brought by or against us, your information may be considered a company asset that may be sold or transferred to third parties.
What Choices Do You Have?
When submitting information, corresponding, making requests for information, and otherwise interacting with Momar and its representatives through or in connection with the System, you choose what information to supply or submit, whether you wish to receive further information, and how you may be contacted. Please take care to share only such information as is needed or that you believe is appropriate. Any promotional email we send to you will contain a link which will allow you to opt out of receiving any further correspondence. If you have created an online account, you may also change your correspondence preferences by logging into your account. You may disable your online account access at any time; however, this will not necessarily result in the deletion of any Collected Information.
How Do We Protect Information Collected About You?
Social Media Platforms and Websites
The System (including the Website and Services included therein) is intended for a general audience and is not intended for use or view by children under 13 years of age and we do not knowingly collect information about children or sell products to children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13.
Visiting The System From Outside The United States
Your Privacy Rights
Depending on the country, state, or province in which you reside, you may have certain privacy rights, such as to access, correct, update, port, or delete your Personal Information or opt-out of certain disclosures. To exercise such rights, please contact us directly at email@example.com. If you have an account with us, you can also manage some of your personal information from within your account.
California Residents’ Privacy Rights
If you are a California resident and you wish to make any of the access or deletion requests described below, such as access and deletion, you may contact us as provided in the “Whom Can You Contact For More Information” section below. You may authorize an agent to make such a request on your behalf. We will seek to verify your identity and your agent’s authority when we receive an individual rights request from you or on your behalf to ensure the security of your Personal Information. We may need to collect additional Personal Information for verification.
Right to Deletion of Personal Information
California residents have the right to request the deletion of Personal Information as prescribed in Section 1798.105(a) of the CCPA. Momar may not delete some or all Personal Information if, among other reasons, such Personal Information is necessary for us, or our service providers or affiliates, to:
- Complete the transaction for which the Personal Information was collected, provide a product or service requested by the consumer, or reasonably anticipated within the context of Momar’s ongoing business relationship with the consumer, or otherwise perform a contract between Momar and the consumer,
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity,
- Debug to identify and repair errors that impair existing intended functionality,
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law,
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code,
- Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with Momar,
- Comply with a legal obligation, or
- Otherwise use the consumer’s Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the Personal Information.
Right of Access: Right to Request Disclosure of Data Collection and Sharing Practices
You may request to receive details about how we collect, use, and share your Personal Information. Specifically, you may request to receive the specific pieces of information that we have collected about you by contacting us as provided in the “Whom Can You Contact For More Information” section below.
You may also request to receive:
- the categories of Personal Information that we have collected about you,
- the categories of Personal Information that we have disclosed for a business purpose,
- the categories of sources from which we collected the Personal Information,
- our purposes for collecting that Personal Information, and
- the categories of parties with whom we share your Personal Information.
Right to not be Discriminated Against for Exercising your Rights
A business cannot discriminate against you for exercising a CCPA right. We do not discriminate against you for exercising any of your CCPA rights, such as your access and deletion rights described above.
Categories of Personal Information Collected about California Consumers and the Purposes of Such Collection
We collect identifiers that you may choose to provide to us, such as your name, email address, mailing address and phone number.We use this information to communicate with you, market products and services, and to provide you with products and services.
Right to Opt-Out of Sale and Categories of Personal Information Sold about California Consumers
If a business sells Personal Information, you have a right to opt-out of that sale. Momar does not sell consumers’ Personal Information and, furthermore, does not have actual knowledge that Momar sells the Personal Information of consumers under 16 years old.
Categories of Personal Information Disclosed for a Business Purpose
Momar may share your Personal Information, including your name, email address, mailing address, and phone number, with third party service providers that perform a variety of services on our behalf, such as gathering and storing data you upload to the System, payment processing, and system analytics.
Do Not Track Requests
Whom Can You Contact For More Information?
If you have any questions or suggestions about the System, Momar, our services, or our privacy practices, or if you would like to exercise any privacy right such as the access and deletion rights described above, please contact us at firstname.lastname@example.org.
Privacy Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland
This Privacy Notice to Individuals who reside in the European Economic Area, the United Kingdom and Switzerland (“EEA Privacy Notice”) was last modified as of April 18, 2020.
Momar, Inc. (referred to in this Privacy Notice as “Momar”, “we”, “us” and “our”) is based in Atlanta, Georgia. Our headquarters are located at 1830 Ellsworth Industrial Dr., Atlanta, GA 30318 USA. For the purposes of this Notice, personal data means any information relating to an identified or identifiable natural person.
1 - Our Relationship to You
Momar is a data controller with regard to any personal data collected from individuals accessing or using the System. A “data controller” is an entity that determines the purposes for which and the manner in which any personal data is processed. Any third parties that act as our service providers or are otherwise acting on our behalf are “data processors” that handle your personal data in accordance with our instructions.
2 - Marketing
We will only contact individuals located in the Designated Countries by electronic means (including email or SMS) if we receive consent from the individual to receive marketing materials, unless otherwise permitted by applicable law.
If you do not want us to use your personal data in this way, or to disclose your personal data to third parties for marketing purposes, please click an unsubscribe link in your emails, or contact us at email@example.com. You can object to direct marketing at any time and free of charge.
3 - Legal Bases for Processing Your Personal Data
We describe our legal bases for processing throughout this EEA Privacy Notice. Below is a list of the purposes described in our EEA Privacy Notice with the corresponding legal bases for processing. Generally, the legal bases on which we rely on to process your personal data include: our legitimate interests balanced against any potential impact on you and your rights; your consent to the processing; to perform a contract to which you are a party; our legal obligations, and the necessity to protect your vital interests as described in the table below.
Purpose for Processing
Legal Basis for Processing
Fulfillment of Requests
Third-Party Processors and Third Party Service Providers
Responses to Subpoenas or Court Orders or to Protect Rights and to Comply with our Policies
Based on our legitimate interests. When we process your personal data for our legitimate interests, we always ensure that we consider and balance any potential impact on you and your rights under data protection laws.
Direct Marketing and Communications
Third Party Marketing Partners
Based on your consent.
To deliver products and services, such as product or service purchases
To perform a contract to which you are a party.
Respond to law or process as Required by law in a Designated Country
Based on legal obligations.
To Protect you, us, and others
To protect your vital interest.
4 - Data Subject Rights – EEA Residents
This portion of our EEA Privacy Notice provides information to EEA Residents about their applicable GDPR rights (often called “data subject rights”) and how to effectuate these rights by communicating with us. We provide you with the rights described below when you use our System. If you would like to exercise your rights under applicable law, please contact us at firstname.lastname@example.org. Please note, we will seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your personal information.
4.1 - Right of Access
If you are an EEA Resident, you have the right to obtain from Momar the confirmation as to whether or not personal data concerning you is being processed by Momar. EEA Residents may request access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; and
- information as to whether the personal data of an EEA Resident is transferred to a third country or to an international organization. Where this is the case, the EEA Resident shall have the right to be informed of the appropriate safeguards relating to the transfer.
If you need additional confirmation concerning the personal data that Momar is processing, you may request confirmation by sending an email to email@example.com with “Right of Access” in the subject line.
The right to access is described under Article 15 of the GDPR.
4.2 - Right to Rectification
If you are an EEA Resident, you have the right to request that Momar correct or “rectify” any inaccurate personal data concerning you.
If an EEA Resident believes Momar has inaccurate or incomplete personal data, you may request rectification by sending an email to firstname.lastname@example.org “Right To Rectification” in the subject line. Momar will take steps to correct any inaccurate or incomplete data within thirty (30) days of receiving your email request.
The right to rectification is described under Article 16 of the GDPR.
4.3 - Right to Erasure (Right to be Forgotten)
If you are an EEA Resident, you have the right to request Momar to erase/delete personal data concerning you without undue delay. Momar shall have the obligation to erase personal data without undue delay under the following circumstances:
- The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The EEA Resident objects to the processing pursuant to Article 21(1) (i.e., the Right to Object described below), and there are no overriding legitimate grounds for the processing, or the EEA Resident objects to processing personal data for direct marketing purposes which the EEA Resident can terminate by following the instruction described here explaining how to unsubscribe from direct marketing materials you requested.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in a Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned circumstances applies, and you are an EEA Resident and wish to request the erasure of personal data stored by Momar, you may request erasure/deletion by sending an email to email@example.com with “Right To Be Forgotten” in the subject line. Momar will comply with the erasure/deletion request within thirty (30) days of receiving your email request.
The right to erasure is described under Article 17 of the GDPR.
4.4 - Right of Restriction of Processing
EEA Residents have the right to restrict Momar’s processing of personal data if one of the following circumstances applies:
- the accuracy of the personal data is contested by an EEA Resident, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the EEA Resident opposes the erasure of the personal data and requests the restriction of their use instead;
- Momar no longer needs the personal data for the purposes of the processing, but the EEA Resident needs the personal data for the establishment, exercise or defense of legal claims;
- the EEA Resident has objected to processing pursuant to Article 21(1) of the GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted because the accuracy of the personal data is contested by the EEA Resident, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
Momar will inform any EEA Resident who has obtained the restriction of processing because the accuracy of the personal data is contested by the EEA Resident before the restriction of processing is lifted.
The right to restriction of processing is described under Article 18 of the GDPR.
4.5 - Right to Object
If you are an EEA Resident, you have the right to object, on grounds relating to your particular situation, at any time, to the processing of your personal data, which is based on Momar’s legitimate interest grounds for lawful data processing under Article 6(1)(f) of the GDPR and described in the “Legal Bases of Processing” section of this Privacy Notice.
If you are an EEA Resident and object to the processing of your personal data, please notify us by sending an email to firstname.lastname@example.org with “Objects to Processing” in the subject line and Momar will no longer process the personal data if we cannot demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
The right to object is described under Article 21 of the GDPR.
4.6 - Right to Data Portability
The right to data portability is available when the data processing activity is based on consent under Article 6(1)(a) or Article 9(2)(a) or when the data processing is necessary for the performance of a contract under Article 6(1)(b) or where the processing is carried out by automatic means.
The right to data portability is described under Article 20 of the GDPR.
4.7 - Retention of Data
We retain personal data where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we’ll rely on these criteria when determining the applicable retention period:
- Whether we have a legal or contractual need to retain the data.
- Whether the data is necessary to provide our Website.
- Whether our users have the ability to access and delete the data within their Momar accounts.
- Whether our customers would reasonably expect that we would retain the data until they remove it or until their accounts are closed or terminated.
When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it or, if this is not possible (for example, because your personal has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.
4.8 - Right to Lodge a Complaint with a Supervisory Authority
If you are an EEA Resident, you have the right to lodge a complaint with a supervisory authority if you believe that our processing of your personal data infringes the GDPR.
The right to lodge a complaint is described under Article 77 of the GDPR.
5. - Transferring Personal Data from a Designated Country to the U.S.
Momar has its headquarters in the United States. Information we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. A finding of “adequacy” in short means that the European Commission has decided that this country outside the EEA ensures an adequate level of data protection. Momar may rely on Standard Contractual Clauses described in Article 28 of the GDPR to transfer Personal Data from the EEA to the U.S. The personal data that Momar processes and transfers to the U.S. is necessary for the purposes of the compelling legitimate interests of Momar in providing superior Services in a manner that does not outweigh your rights and freedoms. Momar endeavors to apply suitable safeguards to protect the privacy and security of its customers and website visitors’ personal data and to use it only consistent with the specific relationship with Momar and the practices described in this Privacy Notice. Momar also minimizes the risk to your rights and freedoms by not collecting or storing sensitive information about you.
6. - Changes to this EEA Privacy Notice
We reserve the right, in our discretion, to amend this EEA Privacy Notice at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check this EEA Privacy Notice periodically for changes. We will display the effective date of this EEA Privacy Notice at the top of this page. If you do not agree with the changes and if you are a registered user, you may cancel your account with us by contacting us at email@example.com. The version of this EEA Privacy Notice posted on each respective date you visit the System shall be the EEA Privacy Notice applicable to your access and use of the System on that date. Our electronically or otherwise properly stored copy of this EEA Privacy Notice shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this EEA Privacy Notice which was in force on each respective date you visited the System.