Definitions. The following terms shall be defined as set forth below.
a. “Content” has the same meaning as set forth in the End User Licensing Agreement to which specific reference is made;
b. “Cookies” refers to small data files that may convey to SERVICE PROVIDER anonymous information about how you browse the SERVICE;
c. “Device Identifiers” are small data files or related structures stored on or associated with a mobile device which identify your specific mobile device and includes without limitation data stored in connection with hardware, operating systems, or other software, or information sent directly to SERVICE PROVIDER by the device;
d. “Location Data” includes GPS coordinates, latitude, longitude, or similar information regarding the location of your mobile device;
e. “Mobile Device” includes without limitation mobile telephones, iPhones, tablets, iPads, Androids, and any similar technology or item;
f. “Non-Personally Identifiable Information” includes non-private and/or aggregated information that does not identify a user (including without limitation anonymous usage data and platform types);
g. “Persistent Cookies” refers to cookies that remain on a hard drive after a web browser is closed to be used by the browser on subsequent visits to the SERVICE;
h. “Personal Identifying Information” refers to information that includes a user’s name or otherwise could be deemed by a reasonable person to identify a user or distinguish a user from all other users;
i. “Session Cookies” refers to cookies that are temporary and disappear after a web browser is closed;
j. “SSL” means secure socket layer technology;
k. “User” means any person who access or uses the SERVICE; and,
l. “You” means any user of the SERVICE.
Information SERVICE PROVIDER Collects & Uses. SERVICE PROVIDER uses the information you provide to (i) operate, maintain, and offer the features and functionality of the SERVICE, (ii) analyze how the SERVICE is used, (iii) diagnose service or technical problems, (iv) maintain security, (v) personalize content, (vi) store and remember information to help you more efficiently access your account, (vii) monitor metrics including without limitation the total number of visitors, traffic, and demographic patterns, and (viii) track content and users so as to comply with all applicable law, rules, and regulations, including without limitation that Digital Millennium Copyright Act.
Information Provided by Users. You are providing information about yourself such as your name and email address. We collect this information if you sign up for the SERVICE, follow us on social media and related sites such as Facebook and Twitter, or download or apply for any applications offered by SERVICE PROVIDER through any third party site or network. Depending on your settings and authorizations on the SERVICE, the information you choose to provide will be viewable by and accessible to third parties.
Email. We may use your email address to send you notices related to the SERVICE (including notices required by law). Notices may include marketing materials. You may opt out of receiving marketing materials via email to email@example.com. Communication by email may be public, including your name, email address, the content of any messages you send to the SERVICE, and the content of any message the SERVICE sends to you. You agree to be contacted by email as opposed to postal mail.
Invitation. If you use any invitation service to invite third parties to the SERVICE, you will be asked to provide that party’s email address and automatically send that party an email invitation. SERVICE PROVIDER stores the information needed to send in the email, to register the third party if that third party accepts the invitation, and to track the metrics associated with any invitation service we might offer.
Content. You also provide information in the content that you post on the SERVICE. This content and metadata may be accessed by other users based on your security settings and authorizations. SERVICE PROVIDER can, but is not obligated to, monitor content posted on the SERVICE. It can remove any information that you post for any reason or no reason. Except for content viewable in accordance with your authorizations and security settings, SERVICE PROVIDER and its agents and employees will not view your content except to (i) maintain, provide, or improve the SERVICE, (ii) provide assistance to you and resolve support requests, or (iii) comply with or avoid violation of applicable law or otherwise cooperate with law enforcement, all in SERVICE PROVIDER’s sole discretion.
Cookies. When you use the SERVICE, we may send one or more cookies to your computer to uniquely identify your browser and let SERVICE PROVIDER help you log in faster and enhance site navigation. Persistent cookies may be removed per your web browser’s instructions. You can also set your web browser to refuse all cookies or to indicate when a cookie is being sent. Some SERVICE features may not function properly if the ability to accept cookies is disabled.
Log Files. When you use the SERVICE our servers automatically record certain information sent by your web browser. These server logs may include information such as your web request, IP address, browser type, referring/exit pages, URLs, number of clicks, how you interact with links on the SERVICE, domain names, landing pages, pages viewed, mobile carrier, and similar information.
Clear Gifs Information. We may employ clear gifs (also known as “web beacons”) to track online usage patterns. We may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting and improve the SERVICE.
Location Data. When you use the SERVICE by or through a mobile device, SERVICE PROVIDER may access, collect, monitor, and/or remotely store location data. Location data may convey to SERVICE PROVIDER information about how you use the SERVICE. It does not collect or provide us with personally identifying information about you; however, location data may be used in conjunction with personally identifying information. Some features of the SERVICE may not operate properly if use or availability of location data is limited or disabled.
Device Identifiers. When a user accesses the SERVICE by or through a mobile device, SERVICE PROVIDER may access, collect, monitor, and/or remotely store one or more device identifiers. SERVICE PROVIDER may use device identifiers to improve the SERVICE. The device identifier may provide SERVICE PROVIDER with information about how you use the SERVICE but it does not collect or share personally identifying information. However, a device identifier may be used in conjunction with personally identifying information and may remain on your device to speed up the login process and enhance navigation on the SERVICE. Some aspects of the SERVICE may not function properly if the availability and use of device identifiers is limited or disabled. SERVICE PROVIDER may access, collect, and store device identifiers once the user enables the SERVICE.
Third Party Tools. SERVICE PROVIDER may use third party tools (e.g. Google Analytics or similar tools) to study SERVICE usage and performance. Many of these tools collect the information sent by your web browser as part of a web page request (including cookies and your IP address). These tools receive the information provided to SERVICE PROVIDER and use it as governed by their own privacy policies.
Using Your Information (User). SERVICE PROVIDER will display your information on the SERVICE in accordance with your authorizations and security preferences. The information that you provide for inclusion on the SERVICE should reflect how much you want others to know about you. Consider this carefully before disclosing any information and recognize that the more content you provide the less anonymous you may be. You can review and revise your user information at any time. SERVICE PROVIDER may share or disclose information with your consent.
Sharing Information with Third Parties. SERVICE PROVIDER may share your personally identifying information with third parties for the purpose of providing the SERVICE. Information may also be stored in locations outside of SERVICE PROVIDER’s direct control. SERVICE PROVIDER may share your information with a third party application with your consent including without limitation when you access the SERVICE through such third party application. SERVICE PROVIDER is not responsible for any third party’s use or disclosure of your information. You should only use applications that you trust and that have privacy policies that you consider acceptable.
Business Transfers. As SERVICE PROVIDER develops its business, it may buy or sell assets or make certain offerings. Customer information is generally one of the transferred assets. Information may also be transferred or assigned in the event of a divestiture, merger, or dissolution.
Non-Personally Identifiable Information. SERVICE PROVIDER may use non-personally identifiable information with third parties for any purpose whatsoever.
Information Security. SERVICE PROVIDER takes commercially reasonable measures to protect the security of user data.
a. SERVICE PROVIDER and/or its vendors use SSL for the encrypted transmission of sensitive information including credit card numbers;
b. Back Up. SERVICE PROVIDER and/or its vendors continuously and regularly backup your data to help prevent loss and assist in recovery;
c. Common Web Attacks. SERVICE PROVIDER and/or its vendors protect against common web attack vectors, host data in secure data centers, and implement firewalls and access restriction on their servers to secure their network.
d. Notification of Breach. In the event personal information is compromised as a result of a security breach, SERVICE PROVIDER will promptly notify those users whose information is reasonably believed to have been affected.
Disclaimer of Warranties. No method of electronic transmission or storage is completely secure. The SERVICE is provided “AS IS” and SERVICE PROVIDER makes no warranty, express or implied, concerning the security or integrity of any user data. All implied warranties, including without limitation the implied warranties of merchantability or fitness for a particular purpose, are hereby disclaimed.
No Obligation to Provide Information. You are not obligated to provide any information to SERVICE PROVIDER. However, the failure to provide SERVICE PROVIDER with certain information may limit or otherwise impact the services available on the SERVICE.
Children’s Privacy. The SERVICE is not intended for use by anyone under the age of 13 years. SERVICE PROVIDER does not knowingly collect or solicit personal information from anyone under the age of 13 years or knowingly allow such persons to register for the SERVICE. If SERVICE PROVIDER learns that it has collected personal information from a child under the age of 13 years without verification of parental consent, SERVICE PROVIDER will promptly take steps to remove that information. If you believe that SERVICE PROVIDER has or may have information from or about a child under 13 years of age, please contact SERVICE PROVIDER at firstname.lastname@example.org.
Discussion Rooms, Blogs, Etc. Any information posted in a discussion room, group room, blog, or the like is considered publicly accessible and the user should not post any information it wishes to keep confidential.
SERVICE PROVIDER reserves the right to change this Policy from time to time and in its sole discretion. The modifications will take effect immediately upon posting on the SERVICE website.
GDPR PRIVACY NOTIFICATION
This GDPR Privacy Notification (‘Notification’) applies to persons protected under the European Union’s General Data Protection Regulation (‘GDPR’) effective May 25, 2018.
Who is collecting user data?
Momentary Ink and its vendors, including Shopify (ecommerce), Mailchimp (marketing), Facebook Messenger (communications), and Recart (screenshots) collect user data in the provision of Momentary Ink’s services.
What is the contact information for the data controller?
Who is the data protection officer?
Momentary Ink does not currently have a data protection officer.
What data is being collected?
Momentary Ink and/or its vendors collect your name, credit card information (including the card number, expiration date, CVV code, and any other information necessary to process payments), shipping address, billing address, email address, Facebook Messenger handle, and phone number.
What is the legal basis for collecting the data?
Momentary Ink uses the data it collects to process and fulfill orders in compliance with our contractual obligations, both express and implied.
How will the data be used?
Momentary Ink uses the data to process and fulfill orders and disseminate marketing materials.
Where will the data be stored?
Data may be stored by Mometary Ink, Shopify, Mailchimp, Recart, and/or Facebook on their respective proprietary servers.
Where can you learn more about your rights?
For information about your rights pursuant to GDPR, please visit http://oliverclarity.com/gdprpublic.
To what email address should users send notice of a violation?
Is any of the data used for automated decision processing?
No. We will not use your data for any automated decision-making purpose.
Is any of our data shared internationally?
Momentary Ink, which has access to your data, is based in the United States. Except for the vendors noted above, and only to the extent they operate outside of the United States, your data will not be shared internationally.
Your rights under the GDPR.
1. You have the right to be informed how your personal information is being used.
2. You have the right to know what information is being held about you and how it is processed.
3. You have the right to have incomplete or inaccurate information corrected.
4. You have the right to be forgotten, i.e. to have your information deleted or removed without providing a specific reason for the request.
5. You have the right to restrict processing of your personal data.
6. You have the right to data portability, i.e. to retain and reuse your data for personal reasons.
7. You have the right in certain circumstances to object to the use of your personal data (including direct marketing, historical and scientific research, or performances of tasks in the public interest).
8. You have the right to decline automated decision and profiling.
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
This privacy notice applies only to California residents in compliance with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
We collect personal information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a specific consumer or device (“personal information”). We may collect the following categories of personal information from consumers within the last twelve (12) months:
Name, alias, physical address, unique identifiers, URL or IP address, email, account name, Social Security number, driver's license number, passport number, or similar identifiers
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Name, signature, Social Security number, physical description, address, telephone number, passport number, driver's license or state identification card number, insurance policy, education, employment, employment history, bank account, credit/debit card, other financial information, medical information, health insurance information
C. Protected classification characteristics under California or federal law.
Age, race, color, ancestry, national origin, ethnicity, citizenship, religion, creed, marital status, medical conditions, disability, gender, pregnancy, sexual orientation, military status, genetic information
D. Commercial information.
Ppersonal property, purchases, purchasing or consuming histories or tendencies
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, (e.g. fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data)
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
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 maintained by an educational institution (e.g. grades, transcripts, class lists, schedules, identification codes, financial information, or disciplinary records)
K. Inferences drawn from other personal information.
Profiles reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
The following do not constitute personal information:
- Publicly available information from government records;
- De-identified or aggregated consumer information; and,
- Information excluded from the CCPA's scope.
We may obtain personal information from the following sources:
- Directly or indirectly from our clients or their agents;
- Directly and indirectly from activity on our website; and,
- From third-parties that interact with us in connection with the services we perform.
Using Personal Information
Collected personal information may be used for one or more of the following business purposes:
- For stated reasons;
- To provide information, products or services;
- To provide email alerts, event registrations and other notices;
- To comply with or enforce contractual rights;
- For billing and collections;
- To improve our website;
- For research and analysis;
- To protect the rights, property or safety;
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- Per any notice provided on the website or elsewhere; and,
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect or use personal information for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose personal information to a third party for business purposes pursuant to a contract requiring the recipient to keep that personal information confidential and not use it for any purpose except as stated in that contract. We may disclose your personal information for a business purpose to our affiliates, service providers, and third parties you authorize. In the preceding twelve (12) months:
- We have not sold any personal information; and,
- We have disclosed the following categories of personal information for a business purpose: personal and customer information related to running ads and retargeting.
Your Rights under the CCPA
The CCPA provides California residents with rights regarding their personal information.
You have the right to ask us to disclose 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, we will disclose to you:
- The categories of personal information we collected about you;
- The categories of the sources of the personal information we collected about you;
- Our business or commercial purpose for collecting or selling that personal information;
- The categories of third parties with whom that personal information was shared;
- The personal information we collected about you (also called a data portability request); and,
- If we sold or disclosed your personal information for a business purpose:
- The personal information categories each category of recipient purchased; and,
- The personal information categories disclosed to each category of recipient.
You may request that we delete any of your personal information that we collected and retained, subject to certain exceptions. Upon receipt and confirmation of your verifiable request, 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 providers to:
- Complete any transaction for which we collected the personal information, provide goods or services, fulfill contract obligations, or otherwise act pursuant to our ongoing business relationship with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation; and,
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Your Rights
To exercise your CCPA rights , please submit a verifiable consumer request to us by either:
- Visiting momentaryink.com or emailing email@example.com
Only you or an authorized representative registered with the California Secretary of State can make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your children. You may only make a verifiable consumer request for access or data portability twice within a 12-month period.
The verifiable consumer request must:
- Provide enough information so we can reasonably verify you are the person about whom we collected personal information (or an authorized representative); and,
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity (or the authority to make the request) and confirm that the personal information relates to you. You are not required to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Responding to Information Requests
We try to respond to a verifiable consumer request within 45 days of receipt. If more time (up to 90 days) in required, 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.
If applicable, the response will explain any reasons we cannot comply with a request. 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.
There is no fee to process a response unless the request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will explain our decision and provide you with a cost estimate before completing your request.
Unless authorized by the CCPA, we will not discriminate against you for exercising any of your CCPA rights, including denying you goods or services; charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; providing you a different level or quality of goods or services; and suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
We may change this policy at our discretion. Notice will be provided by email and on our website.
Please contact us with questions or comments about this policy at:
1025 Hamilton Street
Philadelphia, PA 19123
Revised September 16, 2020