Privacy Policy

Effective Date: 09/01/2023

This Privacy Policy applies to all online and mobile services and related websites, applications, and content linking to or posting this Privacy Policy (collectively, the “Platform”) that are provided by Momenti, Inc. (“Momenti”, “we” or “us”). This Privacy Policy describes how we use, store, disclose, and process information that we may obtain about individuals age 13 and over and entities who or that register for, access, and/or use the Platform (“you”).  

Capitalized terms that are not defined in this policy have the meaning given to them in our Terms of Service (https://momenti.tv/legal-terms).

1. Information We Collect.

We collect information about you when you create an account or use the Platform. We also collect information you share with us from third-party social network providers, and technical and behavioral information about your use of the Platform. We also collect information contained in the messages you send through the Platform and, if you grant us access, information from your phone book on your mobile device. More information about the categories and sources of information is provided below.

1.1. Information you choose to provide.

For certain activities, such as when you register, upload content to the Platform, or contact us directly, you may provide some or all of the following information:

• Registration information, such as age, username and password, language, and email or phone number.
• Profile information, such as name, social media account information, and profile image.
• User-generated content, including comments, photographs, livestreams, audio recordings, videos, and virtual item videos that you choose to create with or upload to the Platform (“User Content”). We collect User Content through pre-loading at the time of creation, import, or upload, regardless of whether you choose to save or upload that User Content, in order to recommend and provide other personalized recommendations.
• Your phone and social network contacts, with your permission. If you choose to find other users through your phone contacts, we will access and collect the names and phone numbers and match that information against existing users of the Platform. If you choose to find other users through your social network contacts, we will collect your public profile information as well as names and profiles of your social network contacts.
• Your opt-in choices and communication preferences.
• Information to verify an account, such as proof of identity or age.
• Information in correspondence you send to us.
• Information you share through surveys or your participation in challenges, sweepstakes, or contests, such as your gender, age, likeness, and preferences.

1.2. Information we obtain from other sources.

We may receive the information about you from other sources, such as the following:

• Social Media and Login Services. If you choose to link or sign up using a third-party social network or login service (such as Facebook, Twitter, Instagram, or Google), we may collect information from these third-party services, including your contact lists for these third-party services and information relating to your use of our Platform in relation to these third-party services. If you link your Momenti account to another service, we may receive information about your use of that other service. 
• Third-Party Services. We may collect information about you from third-party services, such as advertising partners, data providers, and analytics providers.
• Other Users of the Platform. Sometimes other users of the Platform may provide us information about you, including through their User Content or their customer service inquiries or other communications.
• Other Sources. We may collect information about you from other publicly available sources.

1.3. Information we collect automatically.

We automatically collect certain information from you when you use the Platform, including internet or other network activity information such as your IP address, geolocation-related data (as described below), unique device identifiers, browsing and search history (including content you have viewed in the Platform), your touch points on the screen on Momenti media or content, and Cookies (as defined below).

• Usage Information. We automatically collect information regarding your use of the Platform and any other User Content that you generate through or upload to our Platform, such as when and how long you access the Platform, the Momenti media or content, and/or the advertisements or User Content posted by others with which you interact. 
• Device Information. We collect certain information about the device you use to access the Platform, such as your IP address, user agent, mobile carrier, time zone settings, identifiers for advertising purposes, model of your device, device system, network type, device IDs, your screen resolution and operating system, app and file names and types, keystroke patterns or rhythms, touchpoints on Momenti media or content, battery state, audio settings and connected audio devices. Where you log in from multiple devices, we will be able to use your profile information to identify your activity across devices. We may also associate you with information collected from devices other than those you use to log in to the Platform. 
• Location Data. We collect information about your approximate location (city, state, and country), including location information based on your SIM card and/or IP address. With your permission, we may also collect precise location data (such as GPS).
• Image and Audio Information. We may collect information about the images, audio, and other content that are a part of your User Content, such as identifying the objects and scenery that appear, colors, the existence and location within an image of face and body features and attributes, the nature of the audio, and the text of the words spoken in your User Content. We may collect this information to enable special video effects, for content moderation, for demographic classification, for content and ad recommendations, and for other non-personally-identifying operations. 
• Messages. We collect and process (which includes scanning and analyzing) information you provide when you compose, send, or receive messages through the Platform’s messaging functionality. That information includes the content of the message and information about when the message has been sent, received and/or read, as well as the participants of the communication. Please be aware that messages sent to other users of the Platform will be accessible by those users and that we are not responsible for the manner in which those users use or disclose messages.
• Metadata. When you upload or create User Content, you automatically upload certain metadata that is connected to the User Content. Metadata describes other data and provides information about your User Content that will not always be evident to the viewer. In connection with your User Content the metadata can describe how, when, where, and by whom the piece of User Content was created, collected, or modified and how that content is formatted. It also includes information, such as your account name, that enables other users to trace back the User Content to your user account. Additionally, metadata includes data that you choose to provide with your User Content, such as any hashtags used to mark keywords to the video and captions.

1.4. Cookies.

We and our service providers and business partners use cookies and other similar technologies (such as web beacons and flash cookies) (“Cookies”) to automatically collect information, measure and analyze which web pages and advertisements you click on and how you use the Platform, enhance your experience using the Platform, improve the Platform, provide you with advertising on the Platform and elsewhere across your devices, and measure the effectiveness of advertisements. Cookies enable us to provide certain features and functionality on the Platform. Web beacons are very small images or small pieces of data embedded in images, also known as “pixel tags” or “clear GIFs,” that can recognize Cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. To learn how to disable Cookies, see the “Your choices” section below. Further general information about Cookies and how they work is available at www.allaboutcookies.org.

We and our service providers and business partners may link your contact or account information with Cookies indicating your activity on and off our Platform across all your devices, using your email or other log-in or device information. 

We allow selected third parties to place Cookies through the Platform to provide us with better insights into the use of the Platform or user demographics or to provide relevant advertising to you. These third parties may collect information about a user’s online activities over time and across different websites when he or she uses our Platform. Our service providers and business partners may use this information to display advertisements on our Platform and elsewhere online and across your devices tailored to your interests, preferences, and characteristics. We are not responsible for the privacy practices of these service providers and business partners, and the information practices of these service providers and business partners are not covered by this Privacy Policy.

We may aggregate or de-identify the information described above. Aggregated or de-identified data is not subject to this Privacy Policy.

1.5. Do Not Track.  

The Platform currently does not use technology that responds to “do not track” signals from your browser. For more information about Do Not Track, visit www.donottrack.us. 

2. How We Use Your Information.

As explained below, we use your information to improve, support and administer the Platform, to allow you to use the functionalities of the Platform, and to fulfill and enforce our Terms of Service (https://momenti.tv/legal-terms). We may also use your information to, among other things, promote the Platform, show you suggestions, and customize your ad experience.

We generally use the information we collect about you:

• To fulfill requests for products or services, Platform functionality, support and information for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes and to solicit your feedback.
• To customize the content you see when you use the Platform. For example, we may provide you with services based on the country settings you have chosen or show you content that is similar to content that you like or with which you interacted.
• To send promotional materials from Momenti or on behalf of our affiliates and trusted third parties.
• To improve and develop our Platform and conduct product development.
• To measure and understand the effectiveness of the advertising we serve to you and others and to deliver advertising.
• To make suggestions and provide a customized ad experience.
• To support the social functions of the Platform, including to permit you and other users to connect with each other through the Platform and for you and other users to share, download, and otherwise interact with User Content posted through the Platform.
• To use User Content as part of our advertising and marketing campaigns to promote the Platform.
• To understand how you use the Platform, including across your devices.
• To infer additional information about you, such as your age, gender, and interests.
• To help us detect abuse, fraud, or illegal activity on the Platform.
• To prove your identity in order to use certain features (such as livestream or verified accounts) or to ensure that you are old enough to use the Platform (as required by law), or in other instances where verification may be required.
• To communicate with you, including to notify you about changes in our Platform.
• To facilitate sales, promotion, and purchases of products and services and to provide user support.
• To announce you as a winner of our contest, sweepstakes, or promotions if permitted by the promotion rules, and to send you any applicable prizes.
• To enforce our terms, conditions, and policies, including our Terms of Service (https://momenti.tv/legal-terms).
• With your permission, to provide you with location-based services, such as advertising and other personalized content.
• To inform our algorithms.
• To combine all the information we collect or receive about you for any of the foregoing purposes.
• For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

3. How We Share Your Information.

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect for business purposes. Specifically, we may reveal information about you to unaffiliated third parties in the following scenarios: 

3.1. With your consent or direction.

We may share your information with others if you request or authorize it. For example, if you use a third-party service (such as Facebook, Google, or Twitter) to log in to the Platform or to share information about your usage on the Platform with others, such third-party service may be able to collect information about you, including information about your activity on the Platform, and they may notify your connections on the third-party service about your use of the Platform, in accordance with their privacy policies. If you choose to allow a third-party service to access your Momenti account, we will share certain information about you with the third party. Depending on the permissions you grant, the third party may be able to obtain your account information and other information you choose to provide.

If you choose to engage in public activities on the Platform, you should be aware that any information you share may be read, collected, or used by other users. You should use caution in disclosing personal information while using the Platform. We are not responsible for the information you choose to submit or post.

3.2. To help complete a transaction for you.

We may share information about you with others to help complete a transaction for you, including, for example to process payments, provide information, respond to your inquiries, fulfillment, delivery and other similar services. 

3.3. Legal compliance.

We may share information about you with others if the information is provided to comply with the law, applicable regulations, governmental or quasi-governmental requests, court orders or subpoenas, to enforce our Terms of Service or other agreements or policies, or to protect our rights, property or safety or the rights, property or safety of our users or others (such as to a consumer reporting agency for fraud protection); 

3.4. Corporate transactions. 

We may share all of the information we collect in connection with a substantial corporate transaction, such as a transfer or sale of the Platform or our assets, or a merger, consolidation, or bankruptcy involving Momenti. Specifically, in the event that some of our assets are acquired by another party in the context of any of the foregoing corporate transactions, customer information will likely be one of the transferred assets.

3.5. Service providers, business partners, and agents.

We share the information listed above with our outside vendors and other service providers, business partners, and agents to perform business operations on our behalf and for business purposes, including research, payment processing and transaction fulfillment, database maintenance, administering contests and special offers, technology services, deliveries, sending communications, advertising, analytics, measurement, data storage and hosting, disaster recovery, search engine optimization, marketing, and data processing. These service providers, business partners, and agents may include:

• Payment processors and transaction fulfillment providers. These entities may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically, but they would not receive your message data.
• Customer and technical support providers. These entities may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically.
• Research providers. These entities may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically, but they would not receive your payment information or message data.
• Cloud providers. These entities may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically.
• Advertising, marketing, and analytics vendors. These entities may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically, but they would not receive your payment information or message data.

3.6. Within our corporate group and as otherwise described in this Privacy Policy

We may share all of the information we collect with any parent, subsidiary, or other affiliate of our corporate group, and as otherwise described in this Privacy Policy.  

We may share your non-private, aggregated or de-identified information with third parties without restriction.

4. Children’s Privacy.

4.1. Children under 13 years old. 

The Platform is not designed or intended to be attractive to use by children under the age of 13. We do not knowingly collect information from children under the age of 13.  If you are under 13, please do not use the Platform or submit any information to us.

4.2. Content removal for California users under 18 years old.

Users of the Platform who are California residents and are under 18 years old may request and obtain removal of User Content they posted by contacting us at: [email protected]. All requests must be labeled “California Removal Request” in the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material; for example, materials that you have posted may be republished or reposted by another user or third party.

5. Accessing Your Information and Your Choices.

5.1. Accessing your information.

If you have registered for an account with us, you may access, review, and update certain personal information that you have provided to us by logging into your account and using available features and functionalities.

5.2. Cookies choices.

You may be able to control some of the information we collect by adjusting the browser settings on each of your devices to refuse or disable Cookies. If you choose to refuse, disable, or delete Cookies, some of the functionality of the Platform may no longer be available to you. Without this information, we are not able to provide you with all the functionality on the Platform.

5.3. Advertising choices.

Depending on the version of the Platform you are using, you may be able to decide whether you see certain types of interest-based advertising on the Platform by visiting your account settings.

You may be able to manage third-party advertising preferences for some of the third parties we work with to serve advertising across the Internet by using the choices available at https://www.networkadvertising.org/managing/opt_out.asp and https://www.aboutads.info/choices. 

Your device may have controls that determine what information we collect or how we can use that information. For example, you can control whether we can use your mobile advertising identifier for advertising through settings on your Apple and Android devices.  

5.4. Email choices.

You can opt out of marketing or advertising emails by using the “unsubscribe” link or mechanism noted in any marketing or advertising emails from us. This will not prevent us from sending you emails about your transactions with us or your Momenti account.

5.5. Location information choices.

If you previously chose to share precise location information through the Platform, you can prevent your device from sharing precise location information (e.g. GPS location information) with the Platform at any time through your device’s operating system settings. 

6. Security.

We use reasonable technical, administrative, and physical measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. However, no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Accordingly, we cannot guarantee that any information about you collected through the Platform, whether during transmission or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others who do not have your authorization. 

Please also note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.

You play a part in protecting your information by not sharing your login information with others.  If we receive instructions using your login information, we will consider that you have authorized the instructions.

7. Data Processing, Storage and Cross-Border Data Transfers.

While the Platform is maintained on servers located in the United States and information is generally stored within the United States, Momenti may transmit your data to our servers or data centers outside of the United States for storage and/or processing. If you are using our Platform from outside the United States, please be advised that your information is transferred to our U.S. servers.  Disclosing your personal information to us pursuant to this Privacy Policy is at your own risk. We strive to comply with laws of jurisdictions in which we maintain operations but we make no representations that the practices described in this Privacy Policy are compliant with laws outside those jurisdictions that apply to the collection, security, use and disclosure of personal information.

8. Your Data Privacy Rights.

In certain situations, and subject to applicable law, you may have certain rights in relation to your personal information as described below.

8.1. California residents.

8.1.1. Your California Privacy Rights (Shine the Light).

California residents are permitted by California law to request, once per calendar year, information about the manner in which we share certain categories of information with others for their marketing purposes during the prior calendar year. We do not share your personal information with third parties for their direct marketing purposes. 

8.1.2. California Consumer Privacy Act Rights.

At this time Momenti is not required to comply with the California Consumer Privacy Act (CCPA). We will update this Privacy Policy when we qualify for coverage under the CCPA.

8.2. Nevada residents.

We do not transfer personal information for monetary consideration.  If you would like to tell us not to sell your information in the future, please email us at [email protected] with your name, postal address, telephone number and email address with “Nevada do not sell” in the subject line.

8.3. Colorado, Connecticut, Virginia, and Utah residents.

We are currently not subject to the Colorado Privacy Act, the Connecticut Personal Data Privacy Act, the Utah Consumer Privacy Act, or the Virginia Consumer Data Protection Act. If we become subject to any of these laws in the future we will update this Privacy Policy accordingly.

8.4. European Union and United Kingdom residents.

These terms apply to Personal Information collected by Momenti if you are an EU or UK resident. “Personal Information” as used in this section means any information that enables us to identify you either, directly or indirectly. Where Momenti processes Personal Information about you, such information is controlled by Momenti, Inc., which is headquartered at 200 Varick St, Ste 802, New York, NY 10014.

Personal Information of EU or UK residents collected by Momenti may be transferred for processing in third countries, such as the United States. Where required by applicable law, we will ensure that such transfers are undertaken pursuant to an appropriate safeguard such as the EU Commission’s Standard Contractual Clauses and/or the UK International Data Transfer Agreement.

We process your Personal Information for purposes described in this Privacy Policy where we have a legal basis under applicable European and UK data protection law. Such legal bases may include: (i) where processing is necessary for performance of a contract with you; (ii) where processing is necessary for our legitimate interest (e.g. in maintaining the Platform and responding to enquiries); or (iii) where processing is done with your consent (which can be withdrawn at any time). We will store your Personal Information, in a form that permits us to identify you, for no longer than is necessary for the purpose for which the Personal Information is processed. We will generally ask for your consent in line with the applicable law before sending you direct marketing communications related to third party products and services. You can choose to stop receiving direct marketing communications from us at any time by following the “Unsubscribe” link at the bottom of any promotional email.

Under European and UK data protection laws, in certain circumstances, residents in those jurisdictions may have the right to: 

• Request access to any personal information we hold about you (“Subject Access Request”) as well as related information, including the purposes for processing the personal information, the recipients or categories of recipients with whom the personal information has been shared, where possible, the period for which the personal information will be stored, the source of the personal information, and the existence of any automated decision making;
• Obtain without undue delay the rectification of any inaccurate personal information we hold about you;
• Request that personal information held about you is deleted;
• Prevent or restrict processing of your personal information; and
• Request transfer of personal information directly to a third party where this is technically feasible.

Also, if you believe that Momenti has not complied with its obligations under this Privacy Policy or European or UK law, you have the right to make a complaint to an EU (or UK) Data Protection Authority, such as the UK Information Commissioner’s Office. 

You can exercise any of these rights by contacting us using the Contact Us page or at [email protected].

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We aim to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.  

9. Links to Other Sites.

We may permit others to advertise on or through the Platform or to post a link to their websites. We do not endorse these sites and are not responsible for other sites or their privacy practices. Please read their privacy policies before submitting any information.

10. Changes to this Privacy Policy.

We may update this Privacy Policy from time to time. The Privacy Policy in effect at the time you use the Platform governs how we may use your information. If we make material changes to the Privacy Policy, we will notify you by updating the “Effective Date” above and posting the new Privacy Policy on this page and providing any other notice required by applicable law. We recommend that you review the Privacy Policy each time you access or use the Platform to stay informed of our privacy practices.

11. Governing Law.

This Privacy Policy or any dispute with you over privacy or the terms contained in this Privacy Policy will be governed by the law of the state of New York, USA, without reference to its conflict of law provisions.

If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.

12. Contact Us.

Questions, comments and requests regarding this policy should be addressed to: Momenti, Inc. 200 Varick St. Ste 802, New York, NY 10014. [email protected].