[[ Privacy Policy ]]

Effective date: [[ January 14, 2021 ]]

At MOMA Wellness, LLC, we are serious about your privacy. We aim to provide a safe and enjoyable online experience for all of our website visitors at www.momawellness.com (the “Website” or “Site”). We understand that you are concerned about the use and sharing of your personal information. To help you stay informed about the collection, use, and disclosure of the Information we receive from you and other users of this website, we have prepared this Privacy Policy.

This Website is owned and operated by MOMA Wellness, LLC a Texas Limited Liability Company (“Company” “us” “our” or “we”) within the United States of America.

By continuing to use this Website, or otherwise accepting the Terms of Service (via checkbox, opt-in, pop-up or clicking an email link) you understand and agree to be bound by both this Privacy Policy, as well as the Terms of Service of this Website.

Information We May Collect on the Website

In today’s technology age, it is inevitable that the websites you visit will learn certain information about you, and our Website is no different. On our Website, we will from time to time request certain information about you, and we may also collect other information automatically with no action on your part. It is important that you understand that we will only collect and process your personal data and information when we have a lawful bases for doing so. We will have a lawful bases to collect and process your data if you provide us with consent, if we enter into a contractual relationship that allows us to collect and/or process your data, or if we otherwise have a legitimate interest in processing your personal data.

  • Information You May Provide Voluntarily
    Personal Information. We may ask you for your name, address, email address, phone number and/or other identifying information about you when you interact with our Site and/or request information from our Website, sign up for a newsletter or email list, respond to a survey, register for a webinar, masterclass, challenge or other online, virtual or in person event provided through this Site, purchase a product or service, take a quiz, questionnaire and/or assessment, or sign up for a subscription and/or membership.                                                                                            Billing Information.

    If you make a purchase and/or order a product or service through our Website, we will maintain certain information about the products or services you purchase. In addition, you will be asked to provide your personal payment information necessary to process your payment when you checkout (such as a debit or credit card number, PayPal, or possibly your e-check data). Along with this information, you will need to provide other information such as expiration dates, a security code for the card, your billing address, the name on the card, and your bank routing number and account number in the event of an e-check.

    In almost all situations, this information will be processed and captured by various third-party vendors, including but not limited to certain payment processors and merchant account providers (such as Stripe and PayPal). Any third-party vendors that we use will be doing so in compliance with their own business terms and conditions, including their own privacy policies, which highly recommend you to also review and accept prior to using those third-party services. Your billing information will not be retained directly by the Company.

 

Information We May Collect Automatically.
We may collect additional information from you in addition to the voluntarily provided information described above.

Activity Regarding Your Use of Our Website. We collect the details of how you used our info products, content and services. The following information regarding your computer or device hardware and software may be collected based on how, when and where you access our Website: Internet Protocol (“IP”) addresses, your operating system, the browser you are using, browser language,  the device you may be using, whether your device is a laptop, tablet or smartphone, device event information such as crashes, system activity, and hardware settings, URL’s you visit, dates and times you have accesses the Website, information about the sites that referred you, universally unique identifiers (“UUID”), advertising identifier (“IDFA”), internet carrier and country location, hardware and processor information, the type of network you use, cookies that may uniquely identify your browser or your user account and other related data.

Information We Collect from Your Use of Services. We may collect information about the Company Products and Services that you use and how you use them. This information includes:

  • Information You Provide. We may collect information provided by you while using our Services.
  • Computer, Tablet, or Mobile Telephone Information. We may collect device-specific information such as your hardware model, operating system version, unique device identifiers, device sensors and mobile network information including phone number. We may associate your device identifiers or phone number with your Company Account. We will comply with the usage/license restrictions and requirements applicable to the device from which the information comes.
  • Information from Wearables: If and when you connect your wearable fitness tracker, heart rate monitor, pedometer or other wearable technology (“Wearable”) with the Site, we may collect information about your steps, fitness activities, exercise frequency, sleep, and information about nutrition, such as calorie intake, nutritional statistics, blood pressure, and other biometric data. You may disable this integration through your device.
  • Location Information.The large majority of our services do not depend on your location; however, some services may be location dependent. When you use a location-enabled service through our Site, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.
  • Local Storage.We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

Information from Other Sources. We may obtain information about you from affiliates, partners, and other third parties. This information may be used to provide services to you and to provide analysis about you in comparison to people who are demographically similar to you. We may combine the information we obtain from third parties with information that we have collected about you.

Cookies. In order to deliver a better web experience for you, we may use various technologies including sending one or more cookies or anonymous identifiers to your device. Cookies are electronic files that contain small amounts of data about your visit to our Website. They are stored on the hard drive of your computer or mobile device and will remember your web-browsing preferences for when you return to a certain website, including ours. Some of the core functions that Cookies perform include remembering your log-in names and passwords, saving the contents of your online shopping carts, and storing images on the websites you visit to decrease load times. We may also use cookies and/or anonymous identifiers when you use or click links from our partners or affiliates, and when you use, click or interact with Company products, services, offers or features that may appear on other websites or virtual or online platforms. We may make use of both persistent cookies (which stay on your computer or mobile device until they are deleted) and session cookies (that terminate or expire after you close your web browser). The purpose of these cookies is to improve your overall experience with our Website. Many web browsers, including Chrome, Safari and Firefox, will allow you delete the existing cookies on your Computer and/or set your preferences such that your computer or mobile device will not accept incoming cookies. However, turning on this function may interfere with your ability to use the Website as it was optimally intended. See the section “Managing Your Cookies on a Web Browser and/or Mobile Device” below for information about your choices for how to manage these cookies. For further information also see our Cookie Policy.

Third-Party Analytics. In order to evaluate, track, and aggregate visitor data, we may use various third-party analytics services (including Google Analytics, or other such services). These services allow us to evaluate how you and other visitors use our Website and improve our services and user experience accordingly. Some of the information these services can provide include data regarding how much time you spend on certain pages, what pages on our Website receive the most traffic, how visitors click through our Website, as well as general geographic data about our Visitors, the source of referred traffic, popular keyword searches, and other related information. In order to help analyze and collect this data, these services will use cookies, pixels, and other related technologies.

By consenting to this Privacy Policy, you consent to allowing the collection and review of this data as it relates to your activities by the analytics providers we contract with, provided this information is used in the lawful manner and for the legal purposes we have described herein.

For more information on Google Analytics, as well as for information on how to opt out from certain data collection practices, visit: https://policies.google.com/technologies/cookies

Retargeting Ads / Pixels

Have you ever been to a website to look for a certain product, and then everywhere you go on the web you see images and ads related to that product? Those are called “retargeting ads”. When you visited the original website containing the product or service you were interested in, that website has what is called a retargeting pixel on in that is activated when you visited that site. In the same way we may, from time to time, collect information about your visits to our website in order to share relevant and timely advertising content to you in the future. Typically, these ads will be run through certain third-party marketing platforms operated by websites such as Google, Facebook, Instagram, YouTube, or Pinterest, among others. You may notice advertisements from our Company on these third-party sites based on the data we collect about you during your visit to our Website.

Here is more information about each of these website ad platforms, with relevant links showing how you may opt-out of seeing personal ads on these sites.

Google Analytics

As stated previously, we use Google Analytics on our Website. Analytics Advertising Features is a collection of features that takes advantage of the Google advertising cookies, which allows us to:

  • Create Remarketing Audiences based on specific behavior, demographic, and interest data, and share those lists with Google Ads
  • Use demographic and interest data in our Analytics reports
  • Create Segments based on demographic and interest data

If you wish to opt-out of seeing personalized advertisements on the Google platform, please visit: https://support.google.com/accounts/answer/2662922?hl=en

If you are interested in learning more about how Google uses cookies in its advertising platforms and how you can control or block your information, visit: https://policies.google.com/technologies/ads

You may also personalize the ads you see on the Google platform:

https://support.google.com/ads/answer/2662856

There is a wealth of information online that is constantly being updated with regards to how Google uses and shares your information. We encourage you to read Google’s Privacy Policy in full and learn as much as you can about how to protect your private information.

Google Adwords

From time to time, we may utilize Google Adwords to promote our products and services. If you wish to control what ads you see, or otherwise opt-out from seeing our ads, please visit this help article for instructions on how to do so: https://support.google.com/accounts/answer/2662856

Facebook Custom Audience

We are able to create a custom advertising audience that shows ads to only certain people on Facebook and Instagram. This advertising program works by us uploading a list of names and email addresses to Facebook to create a custom audience. If you have a Facebook account and would like to opt-out so that we do not share your information with Facebook, please visit email us at [email protected] and provide your name and email address and a brief message to remove you from our custom Facebook audience so that we may remove you from our custom audience.

Other Advertising Services

The list of services above may not be all inclusive of the programs we participate in to create personalized and custom advertising services. As we join other programs, this privacy policy will be updated accordingly.

Accessing, Changing and Deleting Your Personal Information

Depending on what information you provide, and how you provided it, you may be able to access, review and change this information directly on the Website, or by emailing us directly at [email protected]. You may opt-out of any marketing emails at any time by clicking the “unsubscribe” link located on the bottom of any marketing-related email you receive from the Company. If you purchase products or services via our Website or over the Phone, you will receive an email from us automatically that confirms the purchase; you are unable to opt-out of these types of automatic emails. If you send a request to delete or remove your personal information from our database, we will make our best efforts to accommodate those requests in a timely fashion. However, there may be occasions where we may not be able to modify or completely remove your information.

How We Use and Share Your Information

As mentioned above, we have a lawful purpose for all of the information we collect and process. Here is a list of some of the various ways we may use your information; To:

• Inform you of relevant and timely offers for our products and services by email, text message (if you’ve opted in to text messaging which may be subject to additional rates and or charges by your mobile phone service provider), or by phone or social media
• Improve the quality and content of information on our Website, including our services and/or product offerings;
• Process and deliver your electronic order, administer our online courses, events and other programs, and otherwise provide a high level of service and customer support to you;
• Provide timely replies and responses to your emails, comments and other requests or correspondence, including providing ongoing customer service in response to any issues or concerns you may have about our Website or our products, services and/or features;
• Keep you informed of not only our own products and services, but also those of certain third parties that we determine would be of interest or valuable to you;
• Solicit and request your feedback through email surveys and telephone calls; and,
• Fulfill our legal and/or contractual obligations to you.

You should also be aware that your credit card company or banking provider may also collect and retain certain information about you and the purchases you make when you transact on our Website. Unless we have your explicit permission, we will not otherwise provide any additional personal information to your credit card company except as outlined elsewhere in the Privacy Policy.

From time to time, the information you provide to us may be shared with certain affiliates, agents, joint venture partners, other businesses which we have common control over, current or potential business partners, third-party businesses or vendors who assist in administering our services or programs, or to other businesses or vendors who assist us in providing core business functions such as customer service, technical support or to administer our ads and marketing correspondence. We will limit the information provided to these businesses to only what is required for them to perform their core functions or as otherwise permitted by law.

We may share your data with potential buyers of our business or other potential transferees as may result from a bankruptcy or other liquidation of our business.

If you are delinquent in your legal and contractual obligations to the Company, we may share your information with our attorneys or a court of law in order to collect on a debt you owe us and otherwise enforce our legal rights.

Although it is unlikely, there may come a time when we are obligated or compelled to disclose your personal information as a result of a legal process, investigation, court order, or subpoena. We may be otherwise required to disclose your personal data in order to reasonably protect the interests of the Company, its property, the Website, or the overall safety of visitors, others, or the public at large.

Managing Your Cookies on a Web Browser and/or Mobile Device

Each web browser or mobile device is slightly different, but all will provide a mechanism for you to manage and control the cookies that are stored on your machine. Please visit the help section of your browser or do a quick web search for “how to manage cookies on [insert name of your web browser or mobile device]” as a way to find up to date and step by step instructions to clear out cookies on your device.

Sharing Your Information In Live, Online or Virtual Communities

When you choose to participate in group or community courses, events, webinars, challenges, conference calls, web meetings (like zoom), call-in shows etc., or otherwise participate in online forums, chat rooms, or even make or submit comments on any course, event, webinar, blog, live or virtual meeting or social media post, you are voluntarily making your Personal Information (like your name and photo, and possibly other information) available to numerous third parties in a live, phone, virtual or online environment. It is important that you understand that when you engage in these types of activities, your information can be recorded, viewed, copied, used, collected and/or saved by individuals other than employees or agents of the Company. We cannot and will not be held responsible or liable for any unauthorized or even illegal use of your personal information that is shared by you and collected in this manner. Please, for your own safety, be aware of when and how you share your personal information with others including those that you do not know and whom you may not have a trusting relationship with either live, virtual, online or in any other type of community environment. You are under no circumstances REQUIRED to make posts or comments in or on any of the platforms, environments, communities or other forums the Company provides, supports or makes available to you and others.

A Note About Email

Email is not secure. We will never transmit sensitive data such as full credit card numbers, social security numbers, etc. over email and expect that you will not do so either. If you provide any personal information to us via email, we cannot guarantee its safety and will not be responsible if it is intercepted or stolen by third parties.

Our Privacy Policy Regarding Children

Our products and services are not directed to individuals under the age of 18 and we do not and will not knowingly collect any information from any individual who is under the age of 18. If you become aware that a child has provided us with their personal information, please contact us at [email protected]. If we otherwise become aware that a child under the age of 18 has provided us with their personal information, we will take all reasonable steps to delete their information from our servers and database as soon as possible.

Third-Party Websites

We cannot and do not control, nor are we responsible for the privacy practices of the vendors we have chosen to work with. From time to time, within our content, products and services, we may provide links to affiliates, sponsors, business partners, advertisers, vendors, or other websites and resources that we believe could be beneficial to you. If you decide to visit those sites, please understand that you alone are responsible for reviewing the terms of service and privacy policies of any site you visit, including those suggested or introduced by us.

For Residents of California

Do Not Track Notice

We hereby disclose, pursuant to the California Online Privacy Protection Act, that we do NOT currently honor “do not track” signals issued by browsers or other third-party sources.

For Minors in California

If you are a minor, under the age of 18, and you have provided personal information or content to us in some manner, you have the right to request that we delete that information pursuant to the “California Eraser Law.” You may contact us at [email protected] to make such a request.

Protecting and Keeping your Information Secure

At MOMA Wellness, we work hard to protect our users, Site and databases from unauthorized access and from unauthorized alteration, disclosure or destruction of any information we hold. However, no matter how hard we try, or how much we invest in cyber-security, it is unfortunate that there are no guarantees of security when it comes to the transmission and storage of electronic data online.

We store all of your data on our internal servers and/or computer hard drives.

• We encrypt our Site, info products and online services using SSL.
• We take physical security measures to guard against unauthorized access to your personal information
• We review our information collection, storage and processing practices, including our physical security measures, to guard against unauthorized access to our Site and all private data.
• We restrict access to your personal information to MOMA Wellness employees, contractors and agents who need to know that information in order to manage or process it for us, or to provide a requested service using that information. Anyone with authorized access to your personal information is subject to strict contractual confidentiality agreements and obligations and may be disciplined or terminated if they fail to meet these agreements or obligations.
• We keep Personal Information housed on servers in the United States. If you are located outside of the United States, see sections “If you are from Outside the U.S.” and “The European Union and GDPR”.
• We store Personal Information for as long as required to accomplish the purpose or purposes for which it was collected under applicable law. Where there is no legal, fiscal, administrative, or contractual requirement to retain the data for a longer or shorter period, data will be destroyed within seven (7) years of its collection. However, for certain customers or clients, we may keep your data for longer or shorter periods of time depending on your frequency of engagement with the Site and/or the Company and/or based on the products, services and or memberships you have purchased through our Website. In addition, we may keep your data for longer periods of time if you are regularly engaging with the correspondence or emails we send you.

Notwithstanding the above, we cannot guarantee the absolute security of your personal information. We may work with other third-party vendors on various projects related to managing our databases, operating the Website, standard operating procedures and protocols, overall web security, etc. There is always the possibility that your personal information, while being transmitted to or from us over the Internet, could be intercepted.

A Note About HIPAA

MOMA Wellness, LLC provides general information as it relates to health and wellness, however we are NOT a health care provider, therefore any personal information we collect about you is NOT considered PHI (protected health information), thus the personal information you provide to us as described in this privacy policy is NOT covered under U.S. Federal HIPAA laws, nor is the personal information you provide to us nor the data we collect about you as described in this privacy policy subject to HIPAA regulations. See our Terms and Conditions for more information. Also see https://www.hhs.gov/hipaa/for-individuals/index.html for more information about Federal HIPAA laws and your rights.

Additionally, we do NOT bill to any private or public health insurance plans including Medicare or Medicaid. We also do NOT transmit any personal information to any health insurance companies. We do NOT accept, and you may NOT use, your FSA (flexible spending account) nor HSA (health savings account) plan as forms of payment. Since we are NOT a health care provider, we cannot and do NOT create itemized receipts for you to send to your health insurance provider for reimbursement, nor may you send your receipts for ANY purchases made from the Company or through the Site (including for products, services or memberships) to your health insurance company for reimbursement. See our Terms and Conditions for more details. If you have any questions or concerns about this please feel free to send us an email at [email protected]. We make every effort to respond as quickly as we can to all of our clients’ questions and concerns.

If you are from Outside the U.S.

Our Company, our Website, and all data that we store on servers and via third parties are all located in the United States. Even though the information we provide online is available worldwide, the internet laws of the United States shall govern all issues and matters related to this Website and information and materials it provides, whether paid or free. By using our Website and providing your personal information, you understand and expressly authorize the transfer of your Personal Data to the United States of America.

The European Union and GDPR

Residents of the European Union (hereafter the “EU”) receive additional protections by virtue of the General Data Protection Regulation (the “GDPR”) which went into effect in 2018. Residents of the EU have a number of enumerated rights, which include the right:
• to transparent information (i.e. to know what information we collect from you);
• to object to the collection or processing of certain information;
• to withdraw consent, even after it has been given, without affecting the lawfulness of the processing of your data prior to withdrawing your consent;
• to access your data and information;
• to rectification, i.e. to modify or update your information;
• to erasure or to be forgotten by requesting that your information is deleted;
• to data portability; and,
• to restrict processing of your data.
Our website and the products and services we provide are directed towards citizens and residents of the United States of America. However, all of our website visitors, regardless of where they may be when they access our Website, are afforded the rights and protections outlined above.
If you are located outside of the United States, information we collect (including cookies) are processed and stored in the United States. By using any parts of the Site or making any product, service or membership purchase or participating in any programs provided by us and providing information to us, you consent to the transfer to and processing of the information in the United States, which currently lacks an adequacy decision with the European Commission.

Our lawful basis for collecting your data is described previously in this privacy policy. Where consent forms the basis for collecting your date, please note that you may withdraw your consent at anytime by clicking on the “unsubscribe” link in the email and/or otherwise contacting our office at [email protected] to have your information updated, corrected, deleted or to obtain a copy of the information for your records.

If you have any questions or concerns or otherwise feel that we are not properly complying with any relevant data protection regulations, we invite you to reach out to us via email at [email protected] with the following information:

• Your Name;
• Your Country of Origin; and,
• A brief summary of your question or concern.

We make every effort to respond as quickly as we can to all of our clients’ questions and concerns.

Changes to Our Privacy Policy

From time to time we may update this Privacy Policy to both protect our Website Visitors and comply with an ever-changing global regulatory environment. Please remember to review this policy frequently when you visit our Website. We will never change our policies to make the safeguarding of your personal information less protective than it has been in the past. You are deemed to have accepted this Policy and any amendments thereto when you continue to access this Website and/or by purchasing or using or participating in or with our products and services. We will update the date at the top of this page whenever we make any changes to this policy.

Contact Information

If you need to contact us with questions or concerns regarding any part of this privacy policy, you may do so by emailing us directly at [email protected]. Please put “privacy policy” in the subject line of your message.