Last Modified: 07/08/2024
Momentum Platform Services, LLC (“Momentum”, “us,” “we” or “our”) has created this Privacy Policy (“Policy”) in order to comprehensively inform individuals about our privacy practices and to demonstrate our firm commitment to privacy. This Privacy Policy along with our International Privacy Policy (collectively, this “Policy”) describes how we collect, use, disclose, transfer, store, retain or otherwise process your personal information in the course of performing our general business activities, which includes the administration of the momentum.com website and its related sub-domains (the “Website”) and in email, text, and other electronic messages between you and us (collectively, our “Services”).
When we refer to “you” or “your,” we mean the person about whom we collect personal information or data. If the person accessing the Website does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization, if applicable.
We generally provide our Services to businesses and not to individual consumers. However, in the course of providing our Services, we may collect personal information of individuals, as will be described in this Policy. This may include personal information that we collect about you when you visit our Website, your business contact information if we provide our Services to a company that you work with, or if you are a sole proprietorship and you engage with our Services.
Please read this Policy carefully. Our Policy includes:
- General Disclosures
- What Information We Collect And Disclose And For What Purposes
- Cookie Policy
- Personal Information Relating To Children
- How Long We Retain Your Information
- Marketing And Promotional Communications
- Links To Other Sites
- Security
- Your Data Rights
- Data Rights For California Consumers
- How To Submit A Request
- Changes To This Privacy Policy
- Contact Us
This Policy includes and hereby incorporates by reference the following: International Privacy Policy
1. GENERAL DISCLOSURES
Our data centers and Website are hosted in the United States. If you are visiting this Website from outside of the United States, please note that by providing us your information it is being stored or processed in the United States where our data center and servers are located and operated. The laws of the United States may not be as protective as those in your home country. If you are outside the United States and do not wish to allow the collection and storage of your personal information within the United States, you should not use this Website and you should opt-out of the collection of cookies by following the guidelines in How To Restrict Cookies.
This Policy sets forth our data policies and practices for the United States. If you are outside of the United States, please also review the provisions of our International Privacy Policy. Depending on your country of residence, applicable privacy laws may provide you with a right to additional disclosures as well as special data subject rights with regards to your personal information. This Policy applies only to our Website and Services, and not to other companies’ or organizations’ websites, mobile applications and services to which we link. We are not responsible for the privacy practices of other businesses or the content of other websites, including any websites that may indicate a special relationship or partnership with us (such as co-branded pages or “in cooperation with” relationships). To ensure protection of your privacy, always review the privacy policy of the companies with whom you engage.
2. WHAT INFORMATION WE COLLECT AND DISCLOSE AND FOR WHAT PURPOSES
In the course of performing our Services, we collect a variety of different kinds of personal information from a variety of different individuals. What information we collect and the purposes for which it is collected will depend on the context of our activities or the Service that is being performed. Therefore, just because this Policy lists a particular data collection practice does not mean that we have necessarily collected that data from you. Instead, please review the applicable disclosures below to learn about how we may have collected personal information from you depending on how you have interacted with us.
Website Visitors
If you visit our Website:
- We may collect online identifier, geolocation, internet, electronic network activity and device information relating to you.
- We may use this information to operate our sites and provision them to you, personalize your use of our sites, measure, and to track and analyze trends and usage in connection with your use or the performance of our sites.
- We generally collect this information from you directly, although we may collect information from referring websites or from our information technology, security and site hosting providers.
- We may disclose this information to our service providers, affiliates, and operational vendors.
- We do not sell this information or use this information for targeted advertising or cross-context behavioral advertising.
See below for more detail about our data practices relating to Website Visitors.
| Categories Collected
The personal information we collect may include: |
Sources of Collection
We may collect your personal information from: |
Business Purpose
The purposes of our collection, use and disclosure include to: |
Categories of Third Parties to Which Personal Information is Disclosed
We may disclose your personal information to: |
| Identifier Information (such as your internet protocol (IP) address and online identifiers) |
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| Geolocation Information (such as the general location of your device or computer) |
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| Internet or Other Electronic Network Activity Information (such as your session replays on our sites, time zone setting, auth0 logs, pages visited, pages viewed, events and page loads, browser plug-in types and versions) |
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| Device Information (such as your operating system, platform, device type and other information about the devices that you use to access the sites) |
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Current or Prospective Business Partners
If you are an employee of one of our customers, vendors or other entity and who is involved in our relationship with your employer, or if you engage with us as a proprietor of your own business:
- We may collect business identifier information as well as information business account log-in and password, which is considered “sensitive” under California privacy law.
- We may use this information to administer and facilitate our relationship with you or your employer and to secure our networks, systems and databases against external threats
- We generally collect this information from you directly, although we may collect business identifier information from referrals or publicly available databases.
- We may disclose this information to our service providers, operational vendors, business partners and joint marketing partners.
- We do not sell your information for money, but we may disclose your e-mail addresses and contact information to other businesses, including our joint marketing partners when we host webinars and events with them, in exchange for non-monetary benefits. We do not use your information for targeted advertising or cross-context behavioral advertising.
See below for more detail about our data practices relating to current or prospective business partners.
| Categories Collected
The personal information we collect may include: |
Sources of Collection
We may collect your personal information from: |
Business Purpose
The purposes of our collection, use and disclosure include to: |
Categories of Third Parties to Which Personal Information is Disclosed
We may disclose your personal information to: |
| Business Identifier Information (such as your name, e-mail, phone number, fax number, physical address and job position information) |
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| Sensitive Identifier Information (such as your log-in account and password information) |
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Deidentified and Aggregated Information
We may process your personal information into aggregated, anonymized or de-identified form for any purpose. Aggregated, anonymized or de-identified information is information that can no longer reasonably identify a specific individual and is no longer “personal information.” We will only maintain and use this type of information in deidentified form and we will not attempt to reidentify this information, except for the purposes of validating our deidentification process.
3. COOKIE POLICY
What is a cookie?
A cookie is a small text file that is placed on your hard drive by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. There are several types of cookies:
- Session cookies provide information about how a website is used during a single browser session while a user is visiting a website. Session cookies usually expire after the browser is closed.
- Persistent cookies remain on your device between different browser sessions for a set amount of time in order to enable the website to remember user preferences, settings, or actions across other sites. A persistent cookie will remain on a user’s device for a set period of time specified in the cookie.
- First-party cookies are cookies set by the operator of the website you are visiting.
- Third-party cookies are cookies set by third parties that are different from the operator website you are visiting.
Our collection of cookies
We group the cookies that we collect into the following categories based upon their function:
| Category | Description |
| Strictly Necessary Cookies | These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information. |
| Performance Cookies | These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance. |
Web beacons, pixels, tags and scripts
These technologies may be used on our sites or in our emails to help us to deliver cookies, count visits, understand usage of our sites, campaign effectiveness and determine whether an email has been opened and acted upon.
Do Not Track
Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. Most modern web browsers give you the option to send a Do Not Track signal to the websites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a website should respond to this signal, so we do not take any action in response to this signal. Momentum does not have a mechanism in place to respond to DNT signals. Instead, in addition to publicly available external tools, we offer you the choices described in this Cookies Policy to manage the collection and use of information about you.
How to Restrict Cookies
You can visit our Privacy Preference Center at any time by clicking the cookie icon on the bottom left-hand corner of the Website to set your cookie preferences. You can opt-out of non-essential cookie collection by disabling all non-“Strictly Necessary Cookies.”
Also, your browser may include information on how to adjust your settings. Alternatively, you may visit the U.S. Federal Trade Commission’s website www.consumer.ftc.gov to obtain comprehensive general information about cookies and how to adjust the cookie settings on various browsers.
You can control and delete these cookies through your browser settings through the following:
- Google Chrome
- Mozilla Firefox
- Safari
- Opera
- Microsoft Internet Explorer
- Microsoft Edge
- Safari for iOS (iPhone and iPad)
- Chrome for Android
Or you can also use the following cookie management and disposal tool from Google Analytics by downloading and installing the browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout.
Please be aware that restricting cookies may impact the functionality of the Website. Additional general information about cookies, including how to be notified about the placement of new cookies and how to disable cookies, can be found at www.allaboutcookies.org.
4. PERSONAL INFORMATION RELATING TO CHILDREN
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on our Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, use any of the interactive features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us by using the information provided under Contact Us. Please delete all Momentum related cookies and restrict further collection of cookies using the methods outlined in How To Restrict Cookies.
5. HOW LONG WE RETAIN YOUR INFORMATION
We may retain your personal information for a period of time that is consistent for us to perform our Services, as well as to comply with applicable law, applicable statute of limitations and our data retention practices. We may also retain your personal information as we believe is reasonably necessary to comply with legal process or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems, to assist with investigations, to enforce other applicable agreements or policies or to take any other actions consistent with applicable law.
6. MARKETING AND PROMOTIONAL COMMUNICATIONS
You may opt-out of receiving marketing and promotional messages from us, if those messages are powered by us, by following the instructions in those messages. If you decide to opt-out, you will still receive non-promotional communications that are necessary in the performance of our Services.
People have different privacy concerns. Our goal is to be clear about what information we collect and how we use it, so that you can make meaningful choices regarding the personal information you provide to us. The below mechanisms may provide you with control over your personal information as you browse the Internet:
- Privacy Preference Center. You can visit our Privacy Preference Center at any time by clicking the cookie icon on the bottom left-hand corner of the Website to set your cookie preferences. You can opt-out of non-essential cookie collection by disabling all non-“Strictly Necessary Cookies.”
- Tracking Technologies. You can set your browser to refuse all or some browser cookies (including cookies associated with our services), or to alert you when cookies are being sent. To learn how you can manage your cookies on our Website, please see How To Restrict Cookies.
- Google Ads. View and edit your preferences about the Google ads shown to you on Google and across the web, such as which categories might interest you, using Ads Settings. You can also visit that page to opt out of certain Google advertising services.
- Profile Information. Take out any of your personal information associated with any Momentum profile.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website at optout.networkadvertising.org.
7. LINKS TO OTHER SITES
This Website has links to other websites. Once you link to another site, you are subject to the privacy policy of the new site and its operator. We encourage you to carefully review the privacy policy of each entity to which you provide information.
8. SECURITY
We understand that the safety of your personal information is extremely important to you. Accordingly, we work hard to protect Momentum and individual’s about whom we collect personal information from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
9. YOUR DATA RIGHTS
What Data Rights Do You Have?
There are a number of U.S. states that provide specific data rights to residents of those jurisdictions regarding their personal information. This section of this Policy describes the rights available to those individuals who are entitled to them. If you have questions, or want more information about how to exercise your data rights, please contact us using the information provided under the section titled Contact Us.
If you a resident of California, you have access to special data rights and disclosures that are described in this Policy under a separate section titled Data Rights For California Consumers.
If you are a consumer living in Colorado, Connecticut, Montana, Nevada, Oregon, Texas, Utah or Virginia, you have the following rights with regards to your personal information. These rights are explained in further detail below.
| Colorado, Connecticut, Montana Virginia, Texas | Oregon | Nevada | Utah | |
| Confirmation of Personal Information Processing | X | X | X | |
| Access to Personal Information | X | X | X | |
| Correction of Personal Information | X | X | ||
| Portability of Personal Information | X | X | X | |
| Deletion of Personal Information | X | X | X | |
| Opt-Out of Targeted Advertising using Personal Information | X | X | X | |
| Opt-Out of Sale of Personal Information | X | X | X | X |
| Opt-Out of Certain Profiling Using Personal Information | X | X | ||
| List of third-parties that have received personal data disclosures | X |
- Right to Confirmation and Access: You have the right to confirm whether or not we are processing your personal information and to access such personal information. The general categories of personal information that we collect, process and disclose are listed in the general Policy under the section: What Information We Collect And Disclose And For What Purposes. If you wish to access the specific pieces of personal information that we process about you, please submit a request as directed in the section titled How To Submit A Data Rights Request.
- Right to Correct: You have the right to request that we correct inaccurate personal information that we maintain about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.
- Right to Delete: You have the right to request that we delete the personal information that we maintain about you.
- Right to Portability: You have the right to request to receive your personal information that you have requested in a portable and readily usable format, to the extent technically feasible.
- Right to Opt-Out of Sale/Targeted Advertising: You have the right to request to opt out of the sale of your personal information or our processing of your personal information for purposes of targeted advertising. We do not process your personal information for the purposes of targeted advertising.
- Right to Opt-Out of Profiling: You have the right to request to opt out of automated profiling of you that produce legal or similarly significant effects concerning you. Applicable state laws allow you to opt out of the application of automated profiling when it relates to substantive decision making, such as denial of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health-care services, or access to essential goods or services. However, we do not profile individuals in manner that produces legal or similarly significant effects on those individuals. Therefore, we do not offer a way to opt-out of profiling and neither do we look for or process any online browser preference or opt-out signals that purport to opt-out of profiling.
- Right to Information About Third Parties. Oregon residents may have the right to request, at our option, a list of specific third parties, other than natural persons, to which the Momentum has disclosed either your personal information or any personal information in general.
How We Process Data Rights Requests
Once we receive your request to exercise a right, we will confirm receipt and begin to evaluate, and if appropriate, process the request. Please note that:
- We may require that you provide additional information to confirm your identity, including providing us with at least two or more pieces of personal information to match against personal information that we currently maintain about you. We reserve the right to reject your request if we are unable to verify your identity to a sufficiently high level of certainty. The information you provide to verify your identity will only be used for verification purposes, and a record of your request, including certain information contained within it, will be maintained by us for our files.
- To authenticate any request to correct personal information, you may be required to provide authentication information.
- Certain laws or other legal requirements might prevent some personal information from being deleted.
If you fail or refuse to provide the necessary information, we may not be able to process your request. If we reject a request for any reason, we will inform you of the basis of the rejection. We may not be able to comply with your request for a number of reasons, including:
- you do not live in a state that grants you the specific right that you have requested;
- the information that you’ve requested is not subject to the regulation that grants you the right to make a request in relation to your personal information;
- we are prevented or exempted by law, regulation or rule from complying with your request;
- we do not maintain your personal information in a manner that is connected to your identity;
- we are not able to comply with your request without incurring disproportionate burden or expense; or
- if complying with your request conflicts with the integrity of our Services, the ability to administer our Website, to administer our business and related relationships or to establish, defend or administer legal claims.
If any of the above reasons apply, we will let you know in our response to your request.
Submitting A Request Through Browser Controls Or An Authorized Agent
We recognize the Global Privacy Control (GPC) browser setting that allows individuals to automatically signal their opt-out of the sale of their online browsing personal information or sharing of their personal information for the purposes of targeted advertising. You can opt-out of this sale or share by activating the opt-out preference signal or Global Privacy Control (GPC) on your browser.
Further, you may designate an authorized agent to make a request to “out-opt” of sale, profiling or targeted advertising, as those rights are described above. An authorized agent should make a request through the same mechanisms that are available to individuals as described in this policy. The request should clearly identify that the request is being made by an authorized agent and must include evidence of authorization. If we receive a request from an individual or an entity purporting to making the request on behalf of another individual, we can only comply with the request if we are able to sufficiently authenticate both the identity of the individual as well as the authorized agent’s authority to act on that individual’s behalf. California has special rules regarding submitting requests through agents, so please review the appropriate disclosure in the section titled Data Rights For California Consumers.
Appeals And Complaints
If you disagree with our decision to reject your request or to any portion of our request, you have the right to appeal our refusal within a reasonable period of time. If you wish to appeal, please clearly and plainly describe your basis of disagreement with our decision by responding through the same means by which we communicated our refusal or by submitting your appeal through the information provided under Contact Us. We will review your appeal and either change our decision or reject your appeal, and in either case, we will provide a written explanation of the reason for the decision. This decision will be final. However, if you still disagree with our decision, you have the right to submit a complaint to your attorney general of your state of residence. Your attorney general will have an online portal with details regarding how to submit complaints. For example:
- If you are a resident of Colorado, the Colorado Attorney General can be contacted through the means described here.
- If you are a resident of Connecticut, the Connecticut Attorney General can be contacted through the means described here.
- If you are a resident of Montana, the Montana Attorney General can be contacted through the means described here.
- If you are a resident of Oregon, the Oregon Attorney General can be contacted through the means described here.
- If you are a resident of Texas, the Texas Attorney General can be contacted through the means described here.
- If you are a resident of Virginia, the Virginia Attorney General can be contacted through the means described here.
10. DATA RIGHTS FOR CALIFORNIA CONSUMERS
The California Consumer Privacy Act (“CCPA”) provides the residents of California with the right to request the data rights as described in this section. For more information, or if you have questions, you can contact us using the information provided under Contact Us.
- Right to Know: California residents have the right to know what personal information we have collected about them, including the categories of personal information, the categories of sources from which the personal information is collected in the past 12 months, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about them. The categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for which we collect personal information and the categories of third parties to whom we disclose personal information are found in the general Policy under the section titled What Information We Collect And Disclose And For What Purposes.
California residents have a right to know if we are “selling” or “sharing” (which is a term used under California law to address the sharing of information for cross context behavioral advertising purposes) their personal information, what categories of personal information are “sold” or “shared,” and to whom. We do “sell” some personal information, as this term is defined by California law. Please review the disclosures in the section titled What Information We Collect And Disclose And For What Purposes for more information. We do not “share” your personal information.
- Right to Delete: California residents have the right to request the deletion of their personal information maintained by us.
- Right to Correct: California residents have the right to request that we correct inaccurate personal information that we maintain about them. However, we reserve the right to delete your inaccurate personal information instead of correcting it, if permitted by the CCPA.
- Right to Non-Discrimination: California residents have the right to not be discriminated against due to the exercise of their CCPA privacy rights. However, note that the exercise of certain privacy rights may make it so that we are no longer able to provide you with certain services or communications. For example, if we delete all of your personal information, we cannot send you e-mails or other communications.
- Right to Opt-Out: California residents have the right to opt-out of the “sale” or “sharing” of their personal information. You can submit a request to opt-out of the “sale” of your personal information as described in the How To Submit A Request section of this Policy. We do not “share” your personal information.
We recognize the Global Privacy Control (GPC) browser setting that allows individuals to automatically signal their opt-out of the sale of their online browsing personal information or sharing of their personal information for the purposes of targeted advertising. You can opt-out of this sale or share by activating the opt-out preference signal or Global Privacy Control (GPC) on your browser..
- Right to Limit Use and Disclosure of Sensitive Personal Information: California residents have the right to direct a business to limit its use and disclosure of their “sensitive” personal information. California residents can request that a business limit its use or disclosure of their “sensitive” personal information to that use or disclosure which is necessary to perform the services or provide the goods reasonably expected by an average consumer, or to those uses or disclosures otherwise authorized by California law. However, we do not use or disclose your “sensitive” personal information for any purpose other than for the specific purposes described under the CCPA regulation § 7027(m) and always in a manner reasonably necessary and proportionate for these permitted purposes. For information on how we use or disclose your “sensitive” personal information, please see the applicable disclosures in the section titled: What Information We Collect From You And For What Purposes.
- Right to Make Requests Through an Authorized Agent: California residents can designate an authorized agent to make a request under the CCPA on their behalf. California residents can designate an authorized agent to make requests under the CCPA on their behalf relating to the residents’ personal information. Only you as a California resident, or a person you have designated in writing as your authorized agent, may make a consumer request related to your personal information. If you wish to have an authorized agent make a verifiable consumer request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your authorized agent, such as a power of attorney pursuant to California Probate Code sections 4000 to 4465. We will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we have collected personal information. We can deny any request made by a purported authorized agent who does not submit proof that they has been authorized by the California resident to act on the California resident’s behalf.
11. HOW TO SUBMIT A REQUEST
You can submit your request to exercise your data rights through the below:
- Filling-out the Privacy Request Form;
- E-mailing us at [email protected]; or
- Calling us toll-free number at 1-(844)-441-9869 PIN: 644144.
12. CHANGES TO THIS PRIVACY POLICY
As we provide more services and/or functionality on our Website and as privacy laws and regulations evolve, it may be necessary to revise or update our Privacy Policy. It is our policy to post any changes we make to our Policy with a notice that the Policy has been updated on the Website home page. If we make material changes to how we treat our users’ Personal Information, we will notify you through a notice on the Website home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this Privacy Policy to check for any changes. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.
13. CONTACT US
To submit questions you can contact us by:
- E-mailing us directly at [email protected].
INTERNATIONAL PRIVACY POLICY
The above general Policy still applies to those individuals who reside outside of the United States or who have had personal information collected by Momentum, Inc. or its agents (“Momentum”, “us,” “we” or “our”) in a country other than the United States. However, due to various international regulations, those individuals may be entitled to additional disclosures and rights. This International Privacy Policy (the “International Policy”) supplements the above general Policy, but where the provisions of the general Policy and this International Policy cannot be construed consistently, this International Policy will govern.
Please note that by visiting the Website or by having personal information collected by us, your personal information is being stored or processed in the United States where our data center and servers are located and operated. The United States may not have privacy laws that are as strong or comprehensive as the privacy laws in your own country. Your personal information may also be stored in a multi-tenant cloud environment hosted by our service providers.
Depending on your country of residence, you may have data rights as provided by various laws, regulations and codes, which can include the Canadian Personal Information Protection and Electronic Documents Act, the European Union General Data Protection Regulation, the UK Data Protection Act 2018, the Swiss Revised Federal Act on Data Protection 1992 and Ordinance on the Federal Act on Data Protection, the New Zealand Privacy Act 2020, the Japanese Amended Act on Protection of Personal Information or the Australian Privacy Act 1988, among others.
THIS INTERNATIONAL POLICY APPLIES TO ALL PERSONAL INFORMATION ABOUT YOU THAT WE COLLECT, HOLD, USE AND DISCLOSE, REGARDLESS OF THE WAY IN WHICH WE COLLECT IT (I.E. WHETHER THROUGH THE WEBSITE, THE SERVICES OR OTHERWISE).
Our International Policy includes:
- Collection Of Personal Information
- How We Use Personal Information
- The Basis On Which We Process Your Personal Information
- Obtaining Consent
- Third-Parties
- Limitations
- Retention Of Personal Information
- International Transfer Notice
- Access And Rights To Your Personal Information
- Response Time
- Costs
- Identifying You In Connection With Requests
- Opt-Out And Unsubscribe
- Accuracy
- Safeguards
- Contact Us
1. COLLECTION OF PERSONAL INFORMATION
You can find specific details about the personal information that we collect about you in the section titled What Information We Collect And Disclose And For What Purposes of the general Policy. Where we are the data controller with regards to the personal information that we process, you may exercise your rights as a data subject, including the right to object to the processing of your personal information when it is processed based on legitimate interests, as described in this International Policy. However, when providing services to our customers, we primarily collect and process your personal information as a processor or service provider on behalf of our customers. This means that we collect, process and disclose your personal information at the direction of our customers. Where we are collecting your personal information on behalf of another entity (i.e., we are not the data controller), we will provide you with the identity of the data controller to the extent we are required to do so by law.
2. HOW WE USE PERSONAL INFORMATION
As a general matter, we collect your personal information to perform our Services and administer our Website. You can find specific details about the purposes for which we collect personal information about you in the section titled What Information We Collect And Disclose And For What Purposes.
3. THE BASIS ON WHICH WE PROCESS YOUR PERSONAL INFORMATION
We will only collect and process your personal information as is reasonably necessary for, or directly related to, one or more of our functions or activities, including for administering our Website or providing our Services to you or our customers. You can find specific details about the purposes for which we collect personal information about you in the section titled: What Information We Collect From You And For What Purposes of the general Policy.
Where required by law, we rely on the following legal grounds to process your personal information:
- Performance of a contract: We may need to collect and use your personal information to enter into a contract with you or to perform a contract or provide services that you have requested from us.
- Consent: Where required by law, we will obtain your explicit consent for collecting and processing of your personal information.
- Legitimate interests: We may use your personal information for our legitimate interests of detecting and preventing fraud, maintaining the security of Momentum’s network and information systems or engaging in direct marketing of our products and services.
4. OBTAINING CONSENT
Except when otherwise permitted by law or binding regulation, we will obtain the requisite consent from you prior to collecting and, in any case, prior to using or disclosing your personal information for any purpose other than as disclosed in this International Policy. You may provide your consent to us orally, in writing, by electronic communication, through your actions or any other means reasonably capable of conveying your consent. Generally, we will seek to obtain your explicit consent if we collect, use or disclose sensitive personal information about you. However, your refusal to provide consent for collection (or your withdrawal of previously given consent) or to give your personal information when requested, can have negative consequences. For example, if you do not give consent for our collection of cookies, then the Website will not remember your preferences. In another example, if you do not provide your personal information when requested we may not be able to provide you with requested materials, disclosures or Services.
5. THIRD PARTIES
We remain responsible for all personal information communicated to other entities for processing on our behalf. As such, we ensure that other entities that are engaged to provide products or services on our behalf and are provided with personal information are required to observe the intent of this International Policy by having comparable levels of security protection or, when required, by assuring us (through a confidentiality agreement) that they will not use or disclose the personal information for any purpose other than the purpose for which the personal information was communicated. You can find specific details about to whom we disclose your personal information in the section titled What Information We Collect And Disclose And For What Purposes.
6. LIMITATIONS
We only collect the personal information necessary to fulfill the purposes identified to you prior to or at the time of collection, or any other reasonable and legitimate purposes or as required by law. We do not use or disclose your personal information, except for the purposes for which it was collected, or new purposes to which you have consented, or as required or otherwise permitted by applicable law. We do not, as a condition of providing the Website or performing the Services, or as an administrative or management requirement, require consent to the collection, use or disclosure of personal information beyond what is reasonably required for such purposes, or to comply with our obligations under applicable law or regulation.
7. RETENTION OF PERSONAL INFORMATION
We may keep a record of your personal information, including correspondence or comments, in a file specific to you. We will utilize, disclose, or retain your personal information only for as long as necessary to fulfill the purposes for which it was collected and for legal or business requirements. We will establish minimum and maximum retention periods and procedures for maintaining and destroying your personal information. When personal information is retained to make a decision about you, we will retain such information for the period required in order to comply with our internal data retention policies.
8. INTERNATIONAL TRANSFER NOTICE
Please note that your personal data may be disclosed to our affiliates and service providers located in countries other than your country of residence, such as the United States, Costa Rica, the United Kingdom, and Germany. These entities may disclose your personal data in response to valid demands or requests from governments, regulators, courts and law enforcement authorities in their jurisdictions or countries.
Our service providers located in other countries are authorized to process your personal data to:
- facilitate your use and our provision of the Website;
- facilitate the provision of our Services to our customers;
- store and host data;
- provide administrative and operational services to us;
- measure, track and analyze trends and usage in connection with your use of or the performance of our Website and Services; and
- market and advertise our Services.
When we transfer or store personal data outside countries that require legal protection for international data transfer, we will ensure that an adequate level of protection is provided by the destination country, enter into written data processing agreements with recipients that require them to provide an adequate level of protection, or rely on other legally-approved transfer mechanisms. You can obtain more information about our policies and practices regarding our use of service providers by contacting our privacy office at [email protected].
If you are a resident of the UK, Switzerland or EEA, we will:
- Process your personal data in a territory which the European Commission (or its equivalent in Switzerland or the UK) has determined provides an adequate level of protection for personal data;
- Implement appropriate safeguards to protect your personal data, including transferring it in accordance with applicable transfer mechanisms, such as the following:
- Enter into data processing agreements with recipients that require them to provide an adequate level of protection, or relying on other legally-approved transfer mechanisms.
9. ACCESS AND RIGHTS TO YOUR PERSONAL INFORMATION
There are a number of data privacy laws that provide specific data subject rights to residents of certain jurisdictions. This section of this International Policy describes the rights available to those individuals who are entitled to them. Not all individuals about whom we possess information will have access to these rights and we may not be able to provide these rights to everyone due to legal and jurisdictional limitations. We may not be able to comply with your request for a number of reasons, including:
- you do not live in a jurisdictions that grants you the specific right that you have requested;
- the information that you’ve requested is not subject to the regulation that grants you the right to make a request in relation to your personal information;
- we are prevented by law, regulation or rule from complying with your request;
- we are not able to comply with your request without incurring disproportionate burden or expense; or
- if complying with your request conflicts with the integrity of our services or the ability to administer our business, to administer our business and related relationships or to establish, defend or administer legal claims.
If any of the above reasons apply, we will let you know in our response to your request. Note that we may be required to gather additional information from you in order to process your request. We will only use this information in the context of evaluating and responding to your request. If you fail or refuse to provide the necessary information, we may not be able to process your request. Subject to the exceptions provided by applicable law or regulation, and depending on your country of residence, you may have the following rights regarding your personal information:
- if we process your personal data based on your consent, you have the right to withdraw your consent at any time for further processing;
- you have the right to request access to, rectification or deletion of your personal data;
- you have the right to object to the processing of your personal data;
- you have the right to request us to transfer your personal data to another controller; and
- you have the right to request us to restrict the processing of your personal data.
You can submit your request to exercise your data rights through the below:
- Filling-out the Privacy Request Form; or
- E-mailing us at [email protected].
Finally, you have the right to raise a complaint with us or the appropriate data protection authority of your country of residence if you feel that our processing of your personal information violates your individual rights, is not in line with this International Policy or violates the privacy principals, laws or regulations of your country of residence.
- You can contact our privacy office by using the information provided under Contact Us. We will promptly investigate any complaint and will respond within the timeframes describe in this International Policy.
- If you are a resident of the European Union, you can find your appropriate data protection authority by following this link.
- If you are a resident of Switzerland, you can contact your data protection authority through the information provided in this link.
- If you are a resident of the United Kingdom, you can contact your data protection authority through the information provided in this link.
- If you are a resident of Australia, you can contact your data protection authority through the information provided in this link. You can view the Australian Privacy Principles through this link.
- If you are a resident of Canada, you can contact your data protection authority through the information provided in this link.
10. RESPONSE TIME
We will make every reasonable effort to respond to your written request not later than 30 days after receipt of such request. We will advise you in writing if we cannot meet your request within this time limit. When applicable, you have the right to make a complaint to the appropriate supervisory authority, as detailed in this International Policy, with respect to this time limit.
11. COSTS
We expect to be able to respond to your request without charge as a general matter. However, where allowed by law, we reserve the right to collect a reasonable charge when you request the transcription, reproduction or transmission of such information. We will notify you, following your request of the appropriate amount that will be charged. You will then have the opportunity to withdraw your request.
12. IDENTIFYING YOU IN CONNECTION WITH REQUESTS
We may require that you provide to us additional information to identify yourself before we provide information about the existence, use or disclosure of your personal information in our possession. Any such information that you provide to us shall be used only for this purpose.
13. OPT-OUT AND UNSUBSCRIBE
You may opt-out of receiving marketing and promotional messages from us, if those messages are powered by us, by following the instructions in those messages. If you decide to opt-out, you will still receive non-promotional communications that are necessary to maintain the existing business relationship between you and Momentum, to the extent there is one. We use remarketing services to advertise on third party websites to you after you visited the Website. We and our service providers use cookies to inform, optimize and serve ads based on your past visits to our Website. We only engage in remarketing with your consent through the acceptance of a cookie banner when you access appropriate webpages. You can opt-out of this marketing by deleting all Momentum related cookies and restrict further collection of cookies using the methods outlined in How To Restrict Cookies.
14. ACCURACY
We will use reasonable efforts to ensure that your personal information is kept as accurate, complete and up to date as possible. We do not routinely update your personal information in our possession, unless such a process is necessary. In order to help us maintain and ensure that your personal information is accurate and up to date, you must inform us, without delay, of any change in the data that you have provided to us. You can at any time, challenge the accuracy or completeness of the personal information we have about you, subject to the exceptions provided by applicable law. If you demonstrate that the personal information we have on you is inaccurate or incomplete, we will amend the personal information as required. Where appropriate, we will transmit the amended data to third parties to whom we have communicated your personal information.
15. SAFEGUARDS
We use security safeguards appropriate to the sensitivity of personal information to protect it from loss or theft, as well as unauthorized access, disclosure, copying, use or modification. These safeguards include physical measures, such as restricted access to offices and equipment, organizational measures, such as security clearances and publishing this policy to appropriate personnel with instructions to act in accordance with its principles (for example, limiting access on a “need to know” basis), and technological measures, such as the use of passwords and/or encryption.
16. CONTACT US
To submit questions or to inquire about or submit a request relating to data rights, our privacy office can be contacted at [email protected].