Summary

Unlike social networks, we built Moment Garden from the ground up to be private. Since 2010, our family owned and operated business has continued to put users' interest in front of profit and growth. Why? Because this is important to us and we entrust our precious moments here as well.

All of your moments are completely private. Nobody can see any of your moments unless you explicitly add them to your garden as a friends & family contributor.

You can remove any contributor's access at any time.

Our policy prohibits Moment Garden employees from viewing any users' moments. We must first ask you for permission before fixing bugs or performing development that would require us to view any private data.

Finally, we will not sell or share the content of your private moments. Most importantly, the data you upload is your data and you own it.

In short, we take your privacy very seriously.


Legally we must provide the fine details...

Privacy Policy

Moment Garden LLC ("us", "we", or "our") operates the https://momentgarden.com website and the Moment Garden mobile applications (together, or individually, the "Service"). This policy provides you with details on the information we collect from you and the uses we make of your personal information. If you do not want us accessing and/or using your personal information as described herein, please do not provide us with any. This policy may be updated from time to time without prior notice, so please check back periodically. If you continue to use or access the Service made available to you after such changes have been made, you hereby provide your consent to the changes.

We encourage you to read this privacy policy to learn more about what information of yours we might collect, how we use it, and how you can "opt-out" of certain communications and uses of your data. Additionally, this policy includes information about how we endeavor to protect your data. If you have any questions about our collection and use of your information, please contact us at support@momentgarden.com

What Information Do We Collect?

Personally Identifiable Information ("PII") - We collect certain PII you voluntarily provide to us, such as, but not limited to, your email address when you register, email and information sent through support channels or photos and other content posted to our service. We do not collect any PII unless you voluntarily share that information with us. We may use this information to contact you for support and as otherwise permitted by this privacy policy. If you contact us, we may keep a record of that correspondence. You may also choose to, in a manner consistent with our Terms, share information about your children or other family members including the name, birthdate, gender, and other such information about those persons. By choosing to share your PII or the PII of your family members with other users of the Service (e.g. by inviting other family and friends to your garden(s)), you agree that they may view or otherwise access the PII that you share with them and acknowledge that we cannot control and/or be liable for how they may use that information.

Non-Personally Identifiable Information ("Non-PII") - We may also collect certain Non-PII provided by you or a device on your behalf (e.g. your browser, phone, tablet, etc). This inforamtion includes, but is not limited to, "clickstream data", your IP address, your operating system, browser type and your activity on our site or app. We also may collect mobile device information such as, but not limited to model, make, carrier, user ID and information about the service you use. This data is used to help us improve the site and apps and ensure their health. We may also automatically collect information to ensure your session remains logged in though the use of "cookies". Finally, Non-PII data can be collected through Log Data on our server or we may use thrid party tools to collect this information as well (e.g. Google Analytics). The tools we use are standard, vastly accepted tools that exist on almost all websites and apps. This helps ensure the proper support and security of them meets our high standard.

How Do We Use The Information We Collect?

MOST IMPORTANTLY - We will NOT SELL, SHARE OR TRADE your personally identifiable information to any unrelated third parties, mass marketers or to other non-affiliated entities without your consent! Only the people you invite, will have access to view your gardens' data.

We use your PII and Non-PII collected through our service for the purposes described in our privacy policy or elsewhere on our site and apps. For example, we may use information we collect:

  • to provide our services or information you request, and to process and complete any transactions;
  • respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service;
  • to monitor and analyze site usage and trends, and to personalize and improve our site and our users' experiences on our site, such as providing ads, content, or features that match their profiles or interests, and to increase our site's functionality and user friendliness;
  • to send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, our site;
  • to provide our services or information you request, and to process and complete any transactions; and
  • for any other purpose for which the information was collected.

Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies: you have given consent to the processing of your personal data for one or more specific purposes;

  1. processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
  2. processing is necessary for compliance with a legal obligation to which we are subject;
  3. processing is necessary to protect the vital interests of you or of another natural person;
  4. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
  5. processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child

You may have certain rights under the Communications Act, Federal Trade Commission Act, and other state and federal statutes that may apply, and we our best to follow these statues.

How we may share your data

We may contract with third parties to supply [products and] services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.

We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymized and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.

In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.

What Happens If Our Business Changes Hands?

We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.

In the event that any of your data is to be transferred in such a manner, you will be contacted and informed of the changes. When contacted you will, however, be given the choice to have your data deleted from the new owner or controller.

How Can You Control Your Data?

When you submit information via Our Site, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details AND/OR by managing your Account from the app or website).

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to ensure your session remains logged in on the website or in the apps.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it

  • You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
  • You may withdraw your consent for Us to use your personal data at any time by contacting Us by contacting us via support, and We will delete Your data from Our systems. However, you acknowledge this may limit Our ability to provide the best possible products and services to you.
  • How Can You Access Your Data?

    You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please Contact Us for more details.

    How Can You Remove Your Data?

    You have the legal right to ask for us to delete personal data held by Us (where such data is held). Please Contact Us for more details.

    Service Providers and Third Parties

    We may employ third party companies and individuals to facilitate our Service (e.g. send email), to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.

    These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.

    Communications

    We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

    Compliance With Laws

    We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

    Business Transaction

    Our goal since we started Moment Garden in 2010 was to create a long, sustainable business we can use and enjoy with our family forever. However, we acknowledge we might not necessarily be able to operate this forever, and should some unforeen circumstances arrise the involvement of a merger or aquisition might be in the best interest of the business and/or users. Therefore, if Moment Garden LLC is involved in a merger or acquisition, your Personal Information may be transferred as a business asset. In such cases, we will provide notice before your Personal Information is transferred and/or becomes subject to a different Privacy Policy.

    Security

    The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

    However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

    International Transfer

    Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

    If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.

    Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

    Links To Other Sites

    Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

    We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

    Children's Privacy

    Our Service is designed for those 18 years of age and older. This Service is not intended for, and we do not knowingly collect information from anyone under the age of 18. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.

    Changes To This Privacy Policy

    This Privacy Policy was updated on June 10, 2018. We encourage you to periodically review the Service for the latest information on our privacy practices.

    Terms and Conditions

    Use of this Service is governed by, and subject to, the legal notices contained at the Terms and Conditions available at https://momentgarden.com/terms/. Your use, or access, of the Service constitutes your agreement to be bound by these provisions.

    Opting out

    You may request that we delete your PII by emailing your request to support@momentgarden.com and we will process your request right away. Additionally, you can delete your gardens and account at any time. We do our best to honor "do not track" signals or similar mechanisms transmitted by web browsers.

    Questions?

    Are you still reading this? If you are, pat yourself on the back, this stuff is important. Please feel free to contact us at support@momentgarden.com if you have any questions about our privacy policy.

    Contact Us

    If you have further questions about Moment Garden, our privacy, or our security, please feel free to email us and we'll respond right away!