Privacy Policy

Last Updated: August 22, 2017

Momus™ Privacy Policy

Thank you for visiting the Momus™ Meme Studio native mobile application for mobile phones or the website located at www.Momus.com (the “App”). The App is an Internet property of Momus Labs, LLC (“we,” “our” or “us” or “Momus™”). This Momus™ Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when an end-user visitor to the App (“User,” “you” or “your”): (a) accesses or uses the App; (b) accesses, uploads, views and/or comments on any of the feed, posts, text, images, video and/or other information pertaining to memes and other subject matter shared, posted, displayed, linked to and/or discussed on the App (the “Content”); (c) accesses interactive features made available on the App (“Interactive Services”); (d) accesses links to, posts to or otherwise interacts with other social media pages/accounts on third party social media websites, such as Facebook®, Instagram® and Twitter® (collectively, “Social Media Pages”) and other third-party owned and/or operated websites and mobile applications, such as Reddit® (collectively with Social Media Pages, the “Third-Party Sites”); and/or (e) utilizes the various contact and registration forms made available on the App as a means to access the App or contact Momus™ (collectively, the “Contact and Registration Services,” and together with the App, Content, Interactive Services, Social Media Pages and Third-Party Sites, the “App Offerings”).

Capitalized terms not defined herein shall have the meanings set forth in the Momus™ Website Terms of Service (“Terms of Service”). IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE APP OFFERINGS.

 

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Instagram® is a registered trademark of Facebook, Inc. (“Instagram”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Reddit® is a registered trademark of Reddit, Inc. (“Reddit”). Please be advised that Momus™ is not in any way affiliated with Facebook, Instagram, Twitter or Reddit, and the App Offerings are not endorsed, administered or sponsored by Facebook, Instagram, Twitter or Reddit.

 

Your California Privacy Rights

If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: Momus@Momus.com or send us mail to: 555 Eighth Avenue, Suite 1802, New York, NY 10018.

 

Personal Information Collected

For the purposes of this Privacy Policy, “personal information” shall mean individually identifiable information from or about an individual. We collect personal information when you access certain of the App Offerings and complete the required registration or information request form and/or otherwise provide such information to us. Where a User attempts to utilize the Contact and Registration Services, that User may be required to submit, and Momus™ may collect, some or all of the following information about the User, including your name, birthday, sex, e-mail address, telephone number, location, username for the App, usernames for third party services (such as Twitter, Facebook and Instagram), information pertaining to your use of the App, including a credit card number, and any other information collected via the Contact and Registration Services form. You may create a personal profile, interact with other users, publish photos, images and text, and transmit information through various channels. We collect and store this information and may use the information as you interact with the App and as otherwise set forth in this Privacy Policy. When Users update information, we keep a backup copy of the prior version for a reasonable period of time.

Use of Personal Information

Other than as set forth in this Privacy Policy, Momus™ will never share, sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes. By making that personal information available to Momus™, you grant Momus™ the right, subject to applicable state and federal law, to use that personal information to contact you by telephone, e-mail and to send you various marketing messages that contain promotional offers from Momus™, as well as marketing communications and targeted advertising offers from Momus™ third party partners, that Momus™ believes may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message, or see the “Opt-Out/Unsubscribe” section below.

Where you submit personal information, Momus™ may use your name, username, e-mail address, and/or phone number or personal information that you make available to respond to any inquiries made by you or to send you notifications regarding the App, including but not limited to announcements, alerts regarding postings by other users or App-related notifications to personalize your experience with the App and to facilitate the delivery of the applicable App Offerings to you, including to respond to any inquiries made by you.

You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the App Offerings, and to keep you informed of our other products and services.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.

We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the App Offerings and/or to contact you when necessary in connection with your use of the App Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the App Offerings. We may also combine the information we have gathered about you with information from other sources.

We may use your personal information to launch a mailing list for the App and/or the App Offerings. By signing up for an account, you may be placed on the mailing list. From time to time, we may e-mail you new features and other news regarding the App Offerings. You will be given the option of opting out of the mailing list via a link contained within e-mails on the mailing list. In addition, if you do not wish to receive marketing communications, please contact us at the e-mail address provided below.

By submitting your personal information by and through the App Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the App Offerings, and your consent simply allows Momus™ to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Momus™ of the Phone Number Change via e-mail at: Momus@Momus.com, or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past personal information: (A) in the event that we believe that the App Offerings are being or have been used in violation of the Terms of Service or to commit unlawful acts; (B) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (C) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Momus™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via e-mail and/or a prominent notice on the App of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.

You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.

 

Non-Personal Information Collection and Use

IP Addresses/Browser Type

We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the App. This non-personally identifiable information may include, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the App Offerings and to enable us to personalize your App experience. We also may use this information in the aggregate to analyze usage of the App Offerings.

Cookies

When a User visits the App, we may send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable User’s computer. A Cookie is a piece of data stored on your hard drive or mobile device containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the App, which would include, but not be limited to, to make your experience quicker; to store information so you will not have to re-enter it during that visit or a future visit; to provide custom, personalized content, information, and overall experience; or to measure advertising campaigns and to monitor their effectiveness. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the App Offerings, including for storing User preferences and tracking App-User trends (such as pages opened and length of stay at the App).

Most Internet browsers and mobile phones are initially set up to accept Cookies, but you can reset your browser or mobile phone to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser or mobile phone. Even in the case where a User rejects a Cookie, he or she may still use the App Offerings; provided, however, that certain functions of the App Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.

Behavioral Tracking

When you use any of the App Offerings, we may collect location data. We would first request permission for our App’s collection of your location from your device per the permission system on your mobile device. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this may limit your ability to use certain features of our App Offerings. Additionally, disabling our App’s collection of your location from your mobile device will not limit our ability to approximate location from your IP address. If you permit the App to access location services through the permission system on your mobile device, we may also collect your location of your device when the App is running in the foreground or background. You will have the ability to disable this function on your mobile device.

Neither Momus™, nor any third party, uses cookies, pixels or other tracking technology on the App for purposes of tracking Users’ activities after they leave the App. Nevertheless, most Internet browsers and mobile phones contain a “do-not-track” setting. In general, when a “do-not-track” setting is active, the end-user’s Internet browser or mobile phones notifies other websites or mobile applications that the end-user does not want his/her Information and online behavior to be tracked and used, for example, for behavioral advertising.

 Aggregate Data

Momus™ reserves the right to transfer and/or sell aggregate or group data about Users of the App Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of App Offerings Users as a group, without disclosing personally identifiable information.

Interactive Services/Social Media Pages/Third-Party Sites

The App is designed to help account holders share information with others. By default, your name and e-mail address are available for purposes of searching by users of the App. Any information that you post or upload, including your name, photographs, other images, text, comments, and expressions of ‘liking,’ will be publicly displayed to those who follow you and may be viewable by anyone on the App or on third-party platforms, including Social Media Pages, to where your content is linked. Further, Momus™ may choose, from time to time, to promote your Content to some or all of the user of Momus™. All sharing of information is done at your own risk, and individuals may disclose this information to third parties without the control of Momus™.

If you engage in any interaction with Momus™, other users or any third party on any Social Media Pages, Third-Party Sites or via the Interactive Services, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages, Third-Party Sites and/or Interactive Services, as applicable, can be read, collected and/or used by other users of these mobile applications/websites/services (depending on your privacy settings associated with your accounts with the applicable Third-Party Sites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where Momus™ responds to any interaction on such Social Media Pages or Third-Party Sites, your account name/handle may be viewable by any and all members/users of Momus™ social media accounts.

We are not responsible for the personal information or any Content that you choose to submit on, link to, or download from any Social Media Pages, Third-Party Sites or via the Interactive Services. The Social Media Pages and Third-Party Sites operate independently from Momus™ and we are not responsible for such Social Media Pages’ or Third-Party Sites interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Pages and other Third-Party Sites with which you interact to help you understand the privacy practices of the Social Media Pages and other Third-Party Sites. If you have questions about the security and privacy settings of any Social Media Pages or Third-Party Sites that you use, please refer to their applicable privacy notices or policies.

This App may contain links to Third-Party Sites, including, without limitation, the Social Media Pages. Momus™ is not responsible for the privacy practices or the content of such websites or mobile applications. In some cases, you may be able to make a purchase through one of these Third-Party Sites or otherwise access and/or download Content from a Third-Party Site. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such Third-Party Site. These Third-Party Sites have separate privacy and data collection practices and Momus™ has no responsibility or liability relating to them.

Security

We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where we ask Users to enter sensitive information, if ever, and when we store and transmit such sensitive information, that information is encrypted with advanced TLS (Transport Layer Security).

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third party agents who need User personal information to perform a specific job are granted access to User personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the App, other App Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Third party advertisers have no access to your personal information unless you choose to share it with them. This Privacy Policy does not cover the use of cookies or other tracking technologies by advertisers. Third party advertisers may serve advertisements that appear on the App directly to users and, in so doing, automatically receive a user’s IP address or other information. Third party advertisers may also download cookies to your computer or mobile phone, or use other technologies such as JavaScript and “web beacons” (also known as “1×1 gifs”) to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer or mobile phone each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser or mobile phone saw their advertisements and determine which advertisements are clicked. Momus™ does not have access to or control of the cookies that may be placed by the third-party advertisers.

Minors

Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the App. Momus™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Momus™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Opt-Out/Unsubscribe

To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: Momus@Momus.com.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for App Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving App Offerings-related and/or inquiry response-related messages from Momus™, you must cease requesting and/or utilizing the App Offerings and/or cease submitting inquiries to Momus™, as applicable.

Deleting, Modifying and Updating Your Information

At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by e-mailing us at: Momus@Momus.com. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your personal information may terminate your access to certain of the App Offerings. If you wish to continue using the full complement of App Offerings, you may not be able to delete all of the personal information that we have on file for you.

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Transfer of Personal Information Internationally

If you are visiting the App from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the App and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

 

Changes to this Privacy Policy

Momus™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the App that we are changing our Privacy Policy. If the manner in which we use personal information changes, Momus™ will notify Users by: (a) sending the modified policy to our Users via e-mail, to the extent we have collected an email address; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices in general, you may e-mail us as at: Momus@Momus.com; or send us mail to: 555 Eighth Avenue, Suite 1802, New York, NY 10018.

Filing a Complaint with the Federal Trade Commission

To file a complaint regarding our privacy practices, please Click Here.