Privacy Policy

Momento Market Privacy Policy

We, Momento Market, Inc. (the “Company” or “We”) respect your (the “User” or “You” or “Your” or “Yourself”) privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information, including Personal Data, We may collect from You or that You may provide when You visit our sites or use of our services, products, tools or applications (the “Sites” or “Services) or our third party partner’s sites or services. By accessing the Services, and/or setting up an account or providing your information, You are hereby agreeing to the Momento Market Privacy Policy (“Privacy Policy”), regardless of how you access or use the Services, in addition to any applicable terms and conditions of the Service. The Privacy Policy addresses the Company’s practices for Processing, collecting, using, sharing, maintaining, protecting, and disclosing any information collected by the Company in Your use of the Services. This Privacy Policy is designed to help you obtain information about our privacy practices and to help you understand your privacy choices when you use our Services.

DEFINITIONS

Account means a Momento Market account or, as applicable, Your use of the Services.

Device Information means data that can be automatically collected from any device used to access the Sites or Services. Such information may include, but is not limited to, your device type; your device ID; your device’s network connections; your device’s name; your device’s IP address; information about your device’s web browser and the internet connection being used to access the Sites or Services; Location Information; information about apps downloaded to your device.

Location Information means information that identifies with reasonable specificity your location, for example your county or neighborhood. We do not determine your location through longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation, but may obtain other Location Information, either directly or via our third-party partners like Google that would be able to further identify you when paired with other Personal Data we may obtain.

Personal Data means personal information that can be associated with an identified or identifiable person. “Personal Data” can include name, postal address (including billing and shipping addresses), telephone number, email address, payment card number (partial or full), other financial account information, account number, date of birth. In certain instances we may have access to other Personal Data from our third-party partners, such as government-issued credentials (e.g., driver’s license number, national ID, Social Security number and Taxpayer ID), where you have agreed to allow us to access that Personal Data under the privacy policy applicable to such third-party partner’s service (e.g., Stripe). Personal Data does not include information that does not identify a specific User.

Process or Processing means any method or way that we handle Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, and consultation, disclosure by transmission, disseminating or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data.

Technical Usage Data means information we collect from your phone, computer or other device that you use to access the Sites or Services. Technical Usage Data tells us how you use the Sites and Services, such as what you have searched for and viewed on the Sites and the way you use our Services, including your IP address, statistics regarding how pages are loaded or viewed, the websites you visited before coming to the Sites and other usage and browsing information collected through Cookies.

GENERAL

We process your personal data for various purposes and based on several different legal bases that allow this processing. For example, we process your personal data to provide and improve our Services, to provide you with a personalized user experience on our Services, to contact you about your account and our Services, to provide customer service, to provide you with personalized advertising and marketing communications, and to detect, prevent, mitigate and investigate fraudulent or illegal activity. We also share your information with third parties, including service providers acting on our behalf, for these purposes. In addition, we may share your personal data in order to fulfill our contract with you under our Terms of Service.

WHAT PERSONAL DATA DO WE COLLECT?

We may collect information about you when you visit our Sites or use our Services, including the following:

Registration and use information – When you register for or use our Services, or otherwise provide information to us, we will collect Personal Data as necessary to offer and fulfill the Services you request. Depending on the Services you choose, we may require you to provide us with your name, postal or shipping address, telephone number, payment information, email address and identification information to establish an Account or use the Services. We may also require you to provide us with additional Personal Data as you use our Services.
Transaction and experience information – When you use our Services or access our Sites, we collect information about your transactions, as well as other information associated with the transaction, which may include bid history, offer history, payment information, Device Information, Location Information and Technical Usage Data. Your personal data may be processed by one or more of these companies in connection with your transactions.
Information that you choose to provide us to obtain additional Services or specific online Services – If you request or participate in an optional Site feature, or request enhanced Services or other elective functionality, we may collect additional information from you if you provide it to us.
Information about you from third-party sources – We obtain and Process Personal Data from third-party partners and service providers in connection with your use of our Service, including payment processors, partners and data and service providers. For example, we may collect certain account information when you use our third party payment processors, e.g. Stripe.
Other information we collect related to your use of our Sites or Services – We may collect additional information from or about you when you communicate with us, contact our customer support teams or respond to a survey.

WHEN DO WE RETAIN PERSONAL DATA

We retain Personal Data for our business purposes, to provide the Services and to fulfill our legal or regulatory obligations. We may retain Personal Data for longer periods than required by law if it is in our legitimate business interests and not prohibited by law. If your Account is closed, or you ask us to delete your information, we may take steps to mask Personal Data and other information in accordance with law. We reserve at all times our ability to retain and access Personal Data for so long as required to comply with applicable laws, and in such cases, we will continue to use and disclose such Personal Data in accordance with this Privacy Policy and law.

HOW DO WE PROCESS PERSONAL DATA?

We may Process your information for the following reasons:

To operate the Sites and provide the Services, including to:
authenticate your access to an Account;
communicate with you about your Account, the Sites or the Services;
create an account communication between your Account and a third-party account or platform;
initiate a transaction, purchase and/or payment;
evaluate applications, and compare information for accuracy and verification purposes; and
keep your account and payment information up to date.
To manage our business needs, such as monitoring, analyzing, and improving the Services and the Sites’ performance and functionality. For example, we analyze User behavior and perform research about the way you use our Services.
To manage risk and protect the Sites, the Services and you from fraud by verifying your identity. We may use Personal Data, Device Information, Technical Usage Data and Location Information from our Sites and websites to help detect and prevent fraud and abuse of the Services.
To market to you about our products and Services and the products and services of unaffiliated businesses. We may also Process your Personal Data to tailor the marketing content and certain Services or Site experiences to better match our understanding of your interests on our Sites and other third-party websites.
To advertise to you. We may use your Personal Data and other information collected in accordance with this Privacy Policy to provide a targeted display, feature, or offer to you on third-party websites. We may use cookies and other tracking technologies like pixels to obtain analytics through third-party analytics companies or tools. . We do not sell your Personal Data for these purposes or via these means, but rather use it to be able to identify you and serve you relevant advertisements for our Services.
To comply with our obligations and to enforce the terms of our Sites and Services, including to comply with all applicable laws and regulations.
To respond to your requests, for example to contact you about a question you submitted to our customer service team.

DO WE SHARE PERSONAL DATA?

We may share your Personal Data or other information about you with others as described in this section of the Privacy Policy. We may share your Personal Data or other information for the following reasons:

With our business partners for our legitimate business persons: We may share Personal Data with our business partners to offer additional features or services to you. For example, we may share your Personal Data with certain club partners in connection with relevant transactions. In certain jurisdictions, we are required to obtain your consent to do so, but not all jurisdictions impose these requirements.

With other companies that provide services to us: We may share Personal Data with third-party service providers that perform services and functions at our direction and on our behalf. These third-party service providers may, for example, provide you with Services, assist in processing transactions, allow us to send you advertisements for our products and Services, provide customer support, send email marketing on our behalf, etc. We do not sell your information to these third-party service providers.

In aggregated, anonymous form to provide data to third parties for our benefit: We may provide aggregated statistical data to third-parties for our own analytics and business purposes. This data will not personally identify you or provide information about your specific use of the Sites or Services. We do not share your Personal Data with third parties for their marketing purposes without your consent.

With the other parties to transactions when you use the Services, such as payment processors and their service providers: We may share information about you and your Account with the other parties involved in processing your transactions. This includes payment processors and their service providers. The information might include:

Personal Data, payment information and Account information necessary to facilitate and/or authenticate the transaction;
information to help resolve disputes and detect and prevent fraud; and
aggregated data and performance analytics to help us and our merchants better understand user behavior and to help us enhance user experiences.

With other third parties for our business purposes or as permitted or required by law: We may share information about you with other parties for our business purposes or as permitted or required by law, including:

if we need to do so to comply with a law, legal process or regulations;
to law enforcement authorities or other government officials, or other third parties pursuant to a subpoena, a court order or other legal process or requirement applicable to Us;
if we believe, in our sole discretion, that the disclosure of Personal Data is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity;
to investigate violations of or enforce a user agreement or other legal terms applicable to any Service;
to protect our property, Services and legal rights;
in connection with shipping, payment and related services for purchases made using a Service;
to help assess and manage risk and prevent fraud against us, our Users and fraud involving our Sites or use of our Services, including fraud that occurs at or involves our business partners, strategic ventures, or other individuals and merchants;
to banking partners/payment processors as required by card association rules;
to credit reporting and collection agencies;
to companies that we plan to merge with or be acquired by; and
to support our audit, compliance, and corporate governance functions.

With your consent: We also will share your Personal Data and other information with your consent or direction, including if you authorize an account communication with a third-party account or platform.

HOW DO WE WORK WITH OTHER SERVICES?

For the purposes of this Privacy Policy, an “account communication” with such a third-party is an interaction (communication) between the Services and a non-Momento Market account, merchant, payment instrument, or platform. As set forth throughout this Privacy Policy, We and certain third-party may exchange your Personal Data and other information directly for various purpose related to our Services and as otherwise described in this Privacy Policy.

As set forth throughout this Privacy Policy, we may receive information from the third-party about you and your use of the third-party’s service. For example, we may have access to your purchases, account balance and transactional information. We will use all such information that we receive from a third-party via an account communication in a manner consistent with this Privacy Policy. Information that we share with a third-party based on an account communication will be used and disclosed in accordance with the third-party’s privacy practices.

HOW DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES LIKE PIXELS

When you visit our Sites or use our Services, we and our business providers may use cookies and other tracking technologies like pixels (collectively, “Cookies”) to recognize you as a User and to customize your online experiences, the Services you use and perform analytics; and to mitigate risk, prevent potential fraud, and promote trust and safety across our Sites and Services.

HOW DO WE PROTECT YOUR PERSONAL DATA?

We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, access controls to our data centers, and information access authorization controls. While we are dedicated to securing our systems and Services, you are not responsible for securing and maintaining the privacy of your password(s) and Account/profile information and verifying that the Personal Data we maintain about you is accurate and current. We are not responsible for protecting any Personal Data that we share with a third-party based on an account communication that you have authorized.

We have appointed a data protection officer to oversee the protection of your personal data. You can direct any inquiries to our data protection team directly at privacy@acmomento.com. If you have any questions or complaints regarding this Privacy Policy or our handling of personal data, you can contact us at privacy@acmomento.com. This applies regardless of whether we have appointed a data protection officer in your country or not.

DATA TRANSFERS

Some recipients of your personal data are located outside your country or have offices in countries where data protection laws may provide a different level of protection than the laws in your country. When transferring personal data to such recipients, we provide appropriate safeguards.

We may transfer your personal data to recipients who may be located anywhere in the world for the purposes set forth in this Privacy Policy. We will only transfer your personal data from the European Economic Area (EEA), United Kingdom or Switzerland to third countries, i.e. countries outside the EEA, on the basis of appropriate safeguards or if otherwise authorized by applicable law. We provide the necessary safeguards, e.g. through the conclusion of data protection contracts adopted with the recipients, or through other measures provided for by law.

STORAGE AND ERASURE

Your personal data will be stored by us and our service providers in accordance with applicable data protection laws to the extent necessary for the processing purposes set out in this Privacy Policy. Subsequently, we will delete your personal data in accordance with our data retention and deletion policy or take steps to properly render the data anonymous, unless we are legally obliged or permitted to keep your personal data longer (e.g. for legal compliance, tax, accounting or auditing purposes, or to detect and prevent fraudulent or illegal activity). In Europe, the retention periods are generally between 6 and 10 years. As far as legally permissible or required, we restrict the processing of your data instead of deleting it (e.g. by restricting access to it). This applies in particular to cases where we may still need the data for the execution of the contract or for the assertion of or defense against legal claims, or where such retention is otherwise required or permitted by law. In these cases, the duration of the restriction of processing depends on the respective statutory limitation or retention periods. The data will be deleted after the relevant limitation or retention periods have expired.

RIGHTS AS A DATA SUBJECT

In certain jurisdictions in which we operate, as a data subject, you have the right to access, rectification, erasure, restriction of processing and data portability with regard to your personal data. In addition, you can withdraw your consent and object to our processing of your personal data on the basis of our legitimate interests. You can also lodge a complaint with a supervisory authority. To exercise any of these rights, please contact us at privacy@acmomento.com.

DATA SECURITY

We protect your personal data through technical and organizational security measures to minimize risks associated with data loss, misuse, unauthorized access and unauthorized disclosure and alteration.

CAN CHILDREN USE OUR SERVICES?

The Sites and Services are not directed to children under the age of 13. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use our Sites and Services. If we obtain actual knowledge that we have collected Personal Data from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us immediately if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13.

CHANGES TO THIS PRIVACY POLICY

We may revise this Privacy Policy from time to time to reflect changes to our business, the Sites or Services, or applicable laws. The revised Privacy Policy will be effective as of the published effective date.

You may contact us if you have general questions about our Privacy Policy and practices or questions about your Account/profile information or Personal Data.

We want to make sure your questions go to the right place:

Click privacy@acmomento.com to contact us.

RIGHTS IN THE EUROPEAN UNION

If you are accessing the Services from the European Union, certain rights and guidelines apply to you. For example, you may wish to view, delete, restrict, correct or receive a copy of the personal information collected about you in a structured, machine-readable format. Where we process your information with your consent, you may withdraw it at any time. You also have a right to (i) object to processing based on legitimate interests or (ii) ask from which source the personal data originates and if applicable, whether it came from publicly accessible sources. Should you wish to exercise these rights, you may send an e-mail to privacy@acmomento.com. Please indicate your country of residence in your correspondence. If you have unresolved concerns, where applicable, you may also have the right to complain to data protection authorities.

Third-party Processors. In the event that we process information in the European Union through a third-party processor, we have entered into contractual arrangements with such third parties to ensure compliance with European Union regulations related to your personal information and data privacy.

Data Security. We have taken certain physical, administrative, and technical steps to help safeguard the information we collect from and about our users of our service.

Data Transfer and Storage. For individuals based in the EU, by using the service you consent to certain personal information being transferred to, stored on servers in, the United States (a country which is not per se regarded as providing an appropriate level of data protection in the EU) and is subject to the laws of the United States, where the data protection and other laws may differ from those of other countries. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate.

Data Retention. We will retain your personal information for as long as we need it to deliver the services to you and a reasonable period thereafter to respond to requests or questions from you, to protect our legal rights, to analyze and improve our services, as necessary to comply with legal requests and as otherwise disclosed in our Privacy Policy.