Effective May 1, 2023
• Who is collecting your information;
• What information is being collected;
• How your information is collected;
• How your information will be used, processed, and shared;
• Any personal information rights and how you can control your information; and
• How long your information will be retained.
1. What Information is Collected and How
We collect the following information:
• “Personal Information”, including, without limitation, your first and last name, email, postal address, telephone number or other information that, alone or in combination, can be used to identify you, that you provide when you create a customer account, purchase or subscribe to or products, contact us, or sing up for our news and offers;
- Information we collect automatically, including, without limitation:
- Usage Information. We may collect information about your usage of, and interaction with the Sites. For example, we may collect and store statistics and other information about the online activities of our users on an aggregated (collective) basis, including tracking the number of people who view each page to learn which features are the most popular.
- Device Information. We may collect information about the devices used to access the Sites. Such information includes the IP addresses of computers and mobile devices and information about your computers and mobile devices; other device features, including the type of browser, the type of operating system you use, your domain name, access time, referring website addresses, and page views.
- Log Information. When you access or use the Sites, our servers may automatically record certain log file information, such as your Internet Protocol (IP) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Sites.
- Information Collected by Cookies. We and our service providers may use various tracking technologies, including cookies, to collect information about you when you interact with our Sites, including information about your browsing. Cookies are small data files stored on your hard drive or in device memory that help us improve the Sites and your experience, see which areas and features of the Sites are popular and count visits. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability of certain features or the functionality of the Sites.
- Location information, when you visit the Sites, including location information provided by a computer or device interacting with the Sites. Location information is only used for security, monitoring, and troubleshooting purposes (most devices allow you to turn off location services); and
•General Information we collect when you interact with our Sites content or on 3rd party sites or platforms, such as social networking sites. This may include information such as “Likes”, profile information gathered from social networking sites, or the fact that you viewed or interacted with our content.
- Information that you provide to us, including, without limitation:
- Comments, reviews, or other information you post on the Sites;
- Account Registration. We may collect and store information about your user account and your use of the Sites through your account, for example the email linked to your account and your account username and password.
- Your Requests. We may collect personal information from you when you fill out a form for a specific request or otherwise choose to provide information through a “contact us” feature or other similar feature, for example, your name, address, email, and phone number.
- Other Information You Provide to Us. We collect information that you directly provide to us through any other means. This includes any submissions of information by you through the Sites.
When you provide Personal Information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you are consenting to our collection and use of your information for these specific uses only. If we ask for your Personal Information for a secondary reason, like marketing, we will either ask you directly for your express consent, or provide you with an opportunity to say no.
- Information that we collect from third parties
We do not collect or intend to process European Union (“EU”) General Data Protection Regulation special categories of personal data. Please do not send or submit any information related to racial or ethnic origin, religion or other beliefs, health, criminal background, or trade union membership.
Please see the “Explanation of Cookies and Other Technologies” and “Your Controls and Choices” sections for additional information regarding these tracking technologies and your choices.
2. Information Processing Basis; How We Use and Process Your Information
We process your information based on your consent and to fulfill our contractual obligations (e.g., to fulfill a product order).
We use and process your information in the following ways:
• To provide, maintain, and improve the Sites and our products, including to operate certain features and functionality of the Sites (e.g., to verify your identity when logging-in);
• To diagnose or fix technical problems;
- To provide customer service;
- To maintain appropriate records for internal administrative purposes;
- To comply with legal and regulatory requirements, required disclosures, and choices and controls that may be available;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
- To personalize online content and user experiences;
• To control unauthorized use or abuse of the Sites or otherwise detect, investigate, or prevent activities that may violate our policies or be illegal;
• To monitor and analyze trends, administer or optimize the Sites, monitor usage or traffic patterns (e.g., track user movement around the Sites), and gather user demographic information;
• To enhance the user experience;
• To allow us to better service you when responding to customer service needs;
• To communicate directly with you, including sending you newsletters, promotions and special offers, information about new products, technical notices, updates, security and support alerts, administrative messages, and responses to your communications. Your opt-out options for promotional communications are described in “Controls and Choices” below;
- To protect the rights and property of us and others;
- To investigate and enforce compliance with and potential breaches of our policies and procedures;
- To perform workforce analytics, data analytics, and benchmarking;
- To fulfill any purpose that, under the circumstances, would be reasonably expected by you to be employed;
- To fulfill any purpose with your consent or at your direction; and
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (“PCI-DSS”). All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
4. Sharing Your Information with 3rd Parties
• With our parent companies, subsidiaries, and affiliates;
• When we have a good faith belief that access, use, preservation, or disclosure of your information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, including lawful requests by public authorities (e.g., to meet law enforcement requirements), (b) enforce our Terms of Service or other applicable policies or agreements, or (c) protect against harm to the rights, property or safety of Momentous Performance, or any other 3rd party as required or permitted by law;
• With 3rd parties (e.g., our service providers and government entities) to detect, prevent, or otherwise address fraud, security, or technical issues;
- In connection with, or during negotiations of, any merger, acquisition, sale of assets of any business, and any other change of control transaction or business financing where we are a party to such transaction.
- In connection with enforcement of any agreement we may have with you.
- Between and among Company and any current or future parent, subsidiary, and/or affiliated company.
- With your consent or at your direction or as otherwise disclosed by us when you provide the information.
- For any other purpose disclosed by us when you provide the information.
Any information you post to the Sites is publicly available and can be read, collected, or used by other visitors to the Sites.
In general, our 3rd party service providers will only collect, use, and disclose your information to the extent necessary to perform services for us. However, certain 3rd party service providers, such as payment gateways and other payment transaction processors (e.g., PayPal and Google Pay), have their own privacy policies governing the information we are required to provide to them for your purchase transactions. For these providers, we recommend you read their privacy policies so you can understand how they will handle your Personal Information.
Further, certain providers may be located in or have facilities that are located in a different country than either you or us. If you elect to proceed with a transaction that involves the services of a 3rd party service provider, then your information may become subject to the laws of the country in which that service provider or its facilities are located. For example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then the Personal Information used for that transaction may be subject to disclosure under U.S. law, including the Patriot Act. You agree that you are providing freely given, specific, informed, and unambiguous consent to the transfer to and processing of your personal information in the United States.
5. Your Controls and Choices
Opt-Outs. We may provide you with the opportunity to “opt-out” of (a) disclosing your Personal Information to 3rd parties, except to a 3rd party that is performing services on our behalf and under our instruction as described in “Sharing Your Information with 3rd Parties” above; and (b) using your Personal Information for a purpose that is materially different from the purpose for which it was originally collected. If you decide to opt-out, we may not be able to provide certain features of the Sites to you.
Communication Preferences.If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in those communications. If you opt-out of promotional communications, we may still send you service-related communications.
Cookies and HTLM5. You can remove or block cookies using your Internet browser settings but the Sites may cease to function properly if you do. You may be able to manage cookies from your browser, depending on your browser version. Many browsers allow you to disable HTML5 local storage or delete information contained in HTML5 local storage using browser controls.
6. Personal Information Rights
You have the right to:
• Know what Personal Information we have about you;
• Ensure your Personal Information is accurate and relevant for the purposes it was collected;
• Make your Personal Information portable;
• Withdraw your consent to our processing of your Personal Information; and
• Have your Personal Information erased.
If you would like to review, correct, receive a copy of, or erase the Personal Information we have about you or withdraw your processing consent, please send your request using the “Contact Information” in Section 13 below. Requestors must identify themselves and specify the information to be accessed, corrected, or erased before we will process a request. Unless a legal exemption applies, we will respond to all such requests within 30 days. If we refuse your request, we will notify you of our reasons for the refusal to the extent required and how you may appeal the refusal. We do not charge for requests to correct, update, or erase your Personal Information.
7. Data Retention, Storage, and Security
The security of your Personal Information is important to us. To protect your Personal Information, we take reasonable precautions to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. If you provide Shopify with your credit card information, the information is encrypted using SSL (Secure Socket Layer) technology and stored with AES-256 encryption. However, no method of transmission over the Internet or electronic storage is 100% secure. Although we follow all PCI-DSS requirements and implement additional generally accepted industry standards, we cannot guarantee the security of the information you provide. We use reasonable security measures designed to safeguard the personal information under our control from unauthorized access, use, and disclosure. Despite these measures, the confidentiality of any communication or material transmitted to or from us via the Sites by Internet or email cannot be guaranteed. We encourage you to learn as much as you can about your privacy on the Internet.
If we learn of a security breach that may affect your data, we will notify you electronically so that you can take appropriate protective steps, as required under applicable law or at our discretion. We may communicate with you electronically regarding security, privacy, and administrative issues related to your use of the Sites. Depending on where you live, you may have a legal right to receive notice of certain security breaches in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) please email [email protected].
8. Children’s Information
We do not knowingly collect or solicit Personal Information from anyone under the age of 13 and the Sites are not intended for use by anyone under the age of 13. If we discover we have collected Personal Information from someone under the age of 13, we will delete that information. If you believe we have any information from anyone under 13, please contact us using the “Contact Information” in Section 13 below.
9. 3rd Party Sites
10. Explanation of Cookies and Other Technologies
This section provides more information about some of the technologies used on our Sites and how they work.
Pixel Tags and Similar Technologies. Pixel tags, web beacons, and clear gifs can be embedded in web pages, videos, or emails and allow a web server to read certain types of information from your browser, check whether and when you have viewed a particular web page or email message, and determine, among other things, the IP address of your computer and the URL of the web page from which the pixel tag was viewed.
HTML5 Storage. HTML5 local storage is similar to other cookies in that it is stored on a computer or device and can be used to store certain information about your activities and preferences. However, these objects are stored in different parts of your computer or device from ordinary browser cookies.
11. California Privacy Rights
12. Terms of Service, Notices, and Revisions
13. Contact Information
Momentous Privacy & Compliance Officer
2700 Rasmussen Road, Suite 100
Park City, UT 84098