Terms and Privacy

MOMSENSE PRIVACY POLICY

Version Date: October 3rd 2015

GENERAL

Momsense Inc (“Company” or “we” or “us” or “our”) respects the privacy of the users (“user” or “you”) who use our application which provides measurements for breastfeeding volumes (“Application”).

The following privacy policy (“Privacy Policy”) is designed to inform you, as a user of the Application, about the types of information that Company may gather or collect from you in connection with your access to the Application. It also is intended to explain the conditions under which Company uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you access the Application, however, the current version of this Privacy Policy will apply. Accordingly, each time you access the Application you should check the date of this Privacy Policy (which appears at the beginning of this document) and review any changes since the last time you accessed the Application.

The Application is hosted in the United States of America (“United States” or “U.S.”) and is subject to U.S. state and federal law. If you are accessing the Application from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by accessing the Application, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your access to the Application and your agreements with us. Any persons accessing the Application from any jurisdiction with laws or regulations governing personal data collection, use and disclosure different from those of the jurisdictions mentioned above may only use the Application in a manner lawful in their jurisdiction. If your access to the Application would be unlawful in your jurisdiction, please do not access the Application.

BY ACCESSING THE APPLICATION, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

CHILDREN

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides personal information through the Application represents to us that he or she is 13 years of age or older. If we learn that personal information has been collected from a listener under 13 years of age through the Application, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a user of the Application or has otherwise transferred personal information to us through the Application, please contact Company using our contact information below to have that child’s personal information deleted.

GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
Users of the Service Generally

“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name, email address or telephone number that, without more, can be directly associated with a specific person.

Company gathers from users of the Application Non-Personally-Identifying Information of the sort that devices, depending on their settings, may make available. That information includes, a user’s Internet Protocol (IP) address, operating system, browser type, device information (such as your mobile device ID), model and manufacturer.

Company collects and analyzes Non-Personally-Identifying Information gathered from users of the Application to help Company better understand how the Application is being used, how to promote the Application, and for the delivery of targeted advertising. By identifying patterns and trends in usage, Company is able to better design the Application to improve users’ experiences, both in terms of content, advertising and ease of use. From time to time, Company may also release the Non-Personally-Identifying Information gathered from the Application users in the aggregate, such as by publishing a report on trends in the usage of the Application.

Cookies

A “Cookie” is a string of information which assigns you a unique identification that is stored on your device, and that the user’s device provides each time the user launches the Application or submits a query to the Application. We use cookies in the Application to keep track of services you have used and activities you have performed, to record, if applicable, registration information regarding your login name and password, to record your use preferences, if applicable, to keep you logged into the Application, if applicable, and to facilitate purchase procedures, if applicable. Company also uses Cookies to track the pages that users visit and activities performed during each Application session, both to help Company improve users’ experiences and to help Company understand how the Application is being used. As with other Non-Personally-Identifying Information gathered from users of the Application, Company analyzes and discloses in aggregated form information gathered using Cookies, so as to help Company, its partners and others better understand how the Application is being used.  USERS WHO DO NOT WISH TO HAVE COOKIES PLACED ON THEIR DEVICES SHOULD SET THEIR DEVICES TO REFUSE COOKIES BEFORE ACCESSING THE APPLICATION, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE APPLICATION MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. USERS WHO REFUSE COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

Beacons

A “Beacon” is an object that is embedded in a page that is usually invisible to the user and allows operators to check whether a user has viewed a particular page or an email. Company may use Beacons on the Application and in emails to count users who have visited particular pages, viewed emails, and to deliver co-branded services. Beacons are not used to access users’ Personally-Identifying Information; they are a technique Company may use to compile aggregated statistics about the Application usage. Beacons collect only a limited set of information including a Cookie number, time and date of a page or email view, and a description of the page or email on which the Beacon resides. You may not decline Beacons, however, they can be rendered ineffective by declining all Cookies or modifying your device setting to notify you each time a Cookie is tendered and permit you to accept or decline Cookies on an individual basis.

Advertising

We may either directly or through third-party companies serve ads to you when you access the Application. Advertisers may use information about your visits to and use of the Application (including, without limitation, stations accessed, listening habits, and location of accessing telephone number) that are contained in Cookies in order to provide advertisements about goods and services that may be of interest to you. We also allow advertisers to choose the characteristics of listeners who will be presented with their advertisements and we may use any of the non-personally identifiable attributes we have collected to select the appropriate audience for those advertisements.

If you are accessing the Application via the Internet, then using a tool created by the Network Advertising Initiative, you can opt out of several third party ad servers’ and networks’ Cookies simultaneously. If you would like more information about this practice and to know your choices about not having this information used by these companies, please follow the following link:http://networkadvertising.org/managing/opt_out.asp. Please contact us if you would like to know the identity of the third-party advertising companies we are currently using to serve ads.

Aggregated and Non-Personally-Identifying Information

We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Application. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Application and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop content and services that we hope you and others will find of interest and to target content and advertising.

Geo-Location Information

Unless we have received your prior consent, we do not access or track any specific location-based information from your mobile device at any time while downloading or using the Application.  However, based upon your IP address, the telephone number that you use to access the Application, WiFi network data or cell tower triangulation, we may record general non-specific locations. However, we may also automatically collect anonymous information about you when you have geographical location tools on your Internet-enabled device which have not been disabled. We may also collect anonymous information about you whenever you deliberately interact with one of our ads containing a quick response code or follow instructions to send a text, or visit a URL. If you have geo-location tools on your Internet-enabled device which you have not disabled, we automatically receive information on your device’s location.

Push Notifications

We may send you push notifications if you choose to receive them for other service-related matters. If you wish to opt-out from receiving these types of communications you may request to have them stopped at any time on your mobile device.

Mobile Analytics

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your mobile device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from.

COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
Information Collection

As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company may collect Personally-Identifying Information from and about the Application users. Much of the Personally-Identifying Information collected by Company about users is information provided by users themselves when (1) registering for the Application, (2) logging in with social network credentials, (3) participating in polls, contests, surveys or other features of the Application, or responding to offers or advertisements on the Application, (4) communicating with us, or (5) signing up to receive newsletters or other communications. That Personally-Identifying Information may include each user’s name, address, email address, and telephone number. We also may request information about your interests and activities, your gender, age, date of birth, language preference, hometown and other demographic information, and other relevant information as determined by Company from time to time.

We store Personally-Identifying Information and linked Non-Personally-Identifiable Information that we gather about you through the Application, through social media, through linked social media applications, or that you give to us voluntarily in any other way, and we may use it in accordance with this Privacy Policy.

BY REGISTERING WITH OR USING THE APPLICATION, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.

Online Postings

We may provide areas or features on or via the Application where you can post reviews, provide audio or other content during interactive sessions, and other information relating to your activities on or via the Application. Such postings are governed by our End User License Agreement. Also, whenever you voluntarily disclose personal information on publicly-viewable pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION.

Company Communications

We may occasionally use your name and email address to send you notifications regarding new services or products offered by Company that we think you may find valuable. If we have obtained proper authorization, we may also contact you via email, telephone, text or push notification. We may also send you service-related announcements from time to time through the general operation of the Application. Generally, you may opt out of receiving such communications, though we reserve the right to email you notices about your account even if you opt out of all voluntary email notifications.

Social Media

We may provide you the option to connect your account, if applicable, on the Application to your account on some social networking sites (such as via Facebook Connect) for the purpose of logging in, uploading information or enabling certain features on the Application. When logging in using your social network credentials, such as your Facebook account, we may collect the Personally-Identifying Information you have made publicly available in Facebook, such as your name, profile picture, cover photo, username, gender, friends network, age range, locale, friend list, and any other information you have made public. We may also obtain other non-public information from the social network with your permission. Once connected, others may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your account on the Application to your account on any social networking site, you hereby consent to the continuous release of information about you to us. We will not send any of your account information to the connected social networking site without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and our collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.

Company Disclosures

Company will disclose Personally-Identifying Information under the following circumstances:

General Use

We use the Personally-Identifying Information in the data we maintain about you, and other information we obtain from your current and past activities in connection with the Application to: deliver the products and services that you have requested, manage your account, if applicable, and provide you with customer support, communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties, develop and display content and advertising tailored to your interests on the Application and other sites, resolve disputes, troubleshoot problems, measure consumer interest in our services, inform you of updates, customize your experience, detect and protect us against error, fraud and other criminal activity, enforce our End User License Agreement, and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally-Identifying Information to identify users using multiple listener IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made through the Application, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

CONTESTS, GIVEAWAYS AND SURVEYS

From time to time, Company may offer users the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy. From time to time, Company may also ask users to participate in surveys designed to help Company improve the Application. Any Personally-Identifying Information provided to Company in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.

COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY

Third parties are under no obligation to comply with this Privacy Policy, with respect to Personally-Identifying Information that users provide directly to those third parties or that those third parties collect for themselves. These third parties include advertisers, providers utilities, widgets and a variety of other third party applications that may be accessible through the Application. Company neither owns nor controls the third-parties and applications accessible through the Application. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties. Before visiting a third-party, or using a third party application, whether by means of a link on the Application, directly through the Application, or otherwise, and before providing any Personally-Identifying Information to any such third party, users should inform themselves of the privacy policies and practices (if any) of the third parties, and should take those steps necessary to, in those users’ discretion, protect their privacy.

SECURITY

We take security of your Personally-Identifying Information seriously and use reasonable electronic, personnel, and physical measures to protect it from loss, theft, alteration, or misuse.  However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third party circumvention of any privacy settings or security measures.

PRIVACY POLICY CHANGES

Company may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Company’s Privacy Policy will be reflected in the Application and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account, if applicable. Users should regularly check this page for any changes to its Privacy Policy. Company will always post new versions of the Privacy Policy in the Application.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.

DO NOT TRACK POLICY

The Application does not respond to “Do Not Track” signals or mechanisms.

CONTACT

If you have any questions regarding our Privacy Policy, please contact our privacy officer at:

Privacy Officer

Momsense Inc
info@mymomsense.com

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