Last updated: [•], 2022
LIMITATIONS ON USE BY MINORS
Our Service is generally intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Service. The Service is not designed or intended to attract, and is not directed to, children under thirteen (13) years of age. If we obtain actual knowledge that we have collected personal information through the Platform from a person under thirteen (13) years of age, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form. Furthermore, if you are under sixteen (16) years of age, then you (or your parent or legal guardian if you are under age 13) may at any time request that we remove content or information about you that is posted on the Platform. Please submit any such request (“Request for Removal of Minor Information”) to either of the following:
- By mail: Moment Management, Inc. (Moment), Attn: Privacy Officer, 6 Hughes, Suite 200, Irvine, CA 92618, with a subject line of “Removal of Minor Information. If you send by mail, please send by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking.
- By email: firstname.lastname@example.org, with a subject line of “Removal of Minor Information”
For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body of the request:
- The nature of your request
- The identity of the content or information to be removed
- The location of the content or information on the Platform (e.g. by providing the URL)
- That the request is related to the “Removal of Minor Information”
- Your name, street address, city, state, zip code and email address, and whether you prefer to receive a response to your request by mail or email.
We will not accept any Request for Removal of Minor Information via telephone or facsimile. Moment is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.
Please note that we are not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Moment to maintain the content or information; when Moment maintains the content or information on behalf of your Providers (as defined in our Terms) as part of your electronic medical record; when the content or information is stored on or posted to the Site by a third-party other than you (including any content or information posted by you that was stored, republished or reposted by the third-party); when Moment anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.
The foregoing is a description of Moment’s voluntary practices concerning the collection of personal information through the Service from certain minors, and is not intended to be an admission that Moment is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
PROTECTED HEALTH INFORMATION
When you set up an account with Moment, you are creating a direct customer relationship with us that enables you to access and/or utilize the various functions of the Platform and the Service as a user. As part of that relationship, you provide information to us, including but not limited to, your name, email address, shipping address, phone number and certain transactional information, that we do not consider to be “protected health information” or “medical information”.
The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).
COLLECTION OF INFORMATION
We collect any information you provide when you use the Service, including, but not limited to:
- Personally identifying information such as your name and contact data such as your e-mail address, phone number, and billing and physical addresses
- Your login and password and other account (” Account”) registration details
- Demographic data (such as your gender, date of birth and zip code)
- Computer, mobile device and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exist web pages, web page requests, cookie information, hardware attributes, software attributes)
- Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram)
- Usage activity concerning your interactions with the Service and/or third-party websites, networks or applications accessed through the Service (e.g., viewing habits, viewing preferences, viewing history, number of clicks on a page or feature, amount of time spent on a page or feature, identify of third-party websites, networks, etc.)
- Billing, payment and shipping information
- Electronic signature
- Photographic or video images submitted for identification or non-diagnosis or treatment purposes, including photographs of your driver’s license or passport
- Information about third-parties that you refer to us (e.g., name, email, and/or other contact information, relationship)
- Statements or content (e.g., comments, videos, photographs, images) and information about such statements or content, which you submit or publish on or through the Service or which are accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram)
- Any other information you provide when you contact or communicate with us
If you use your mobile device to visit, access or use the Service, then additional categories of information that we collect may include
- Your name associated with your mobile device
- Your telephone number associated with your mobile device
- Your geolocation
- Your mobile device ID information
- With your express consent, your contacts and/or contact information (e.g., names, telephone numbers, physical addresses, email addresses, photos) stored on your mobile device
- With your express consent, information about third-party software applications on your mobile device (including, without limitation, general software apps, downloadable software apps, social media apps)
We also collect certain medical information on behalf of the Medical Groups and your Providers, which may include, but is not limited to:
- Health and medical data you submit for diagnosis or treatment purposes, including information in any questionnaires or surveys you complete for these purposes
- Previous doctors or other healthcare providers you visited
- Date of visit
- Images or videos you share for diagnosis or treatment purposes
- Communications with Providers
We may also receive information about you from our partners. For example, as part of our identity verification process, our vendor may send us information they have independently collected, such as your name, age, and estimated location. Our marketing partners may also send us information about you, even if you have not visited or registered on our Website.
Moment does not collect or create biometric information about you. To use some of our services, however, we may be required to verify your identity. If you are asked to submit proof of identity (such as a driver’s license or passport) we may share that with our identity verification partner. Moment may receive information extracted from your photos, such as information from your driver’s license and a confidence score regarding the validity of your identity document. We use this information to help verify your identity.
HOW INFORMATION IS COLLECTED
Moment might collect personal and non-personal information directly from you when you visit, access or use the Service; when you register with or subscribe to the Service or any products or services available through the Platform; when you “sign in,” “log in,” or the like to the Service; when you allow the Service to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Service) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Moment asks you for such information, such as, for example, when you process a payment through the Service, or when you answer an online survey or questionnaire. In addition, if you or a third-party sends Moment a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Website and/or the mobile application, then Moment may collect any personal or non-personal information provided therein or therewith.
In addition to the information we collect directly from you, we may also collect certain information from the medical group and/or providers who provide treatment or other services to you in connection with the use of our Service. This information may include, but is not limited to, diagnoses, treatment plans (including prescription details) and notes, and is accessible and visible through certain components of the Service.
We may also receive information from third-parties that pay for your care or provide you with treatment, laboratory care or prescription medication, which may include, for example, your prescription history and laboratory test results.
Finally, Moment might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
- Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device. Cookies can be set by the website owner (i.e., us), or they can be set by third-parties (e.g., Facebook, Google, etc.) Cookies are used to help us speed up your future activities or to improve your experience by remembering the information that you have already provided to us. Third-party cookies may also be used to enable analytics (e.g. Google Analytics) or advertising functionality (e.g., ad re-targeting on third-party websites) that enables more customized services and advertising by tracking your interaction with our Service and collecting information about how you use the Service.
- Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
- Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities.
- Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Website and/or the mobile application, and deactivated or deleted when the user disconnects from the Website.
- Analytic tools and services, which are sometimes offered by third-parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking. Examples of the analytic tools and services which we might use include Google Analytics. Moment may also use other third-party analytic tools and services.
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Platform might not function properly.
By visiting, accessing or using the Service, you acknowledge and agree in each instance that you are giving Moment permission to monitor or otherwise track your activities on the Service, and that Moment may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies. Notwithstanding the foregoing, Moment does not permit third-parties or third-party cookies to access to any communications you have with the Providers, or medical information that you submit to the Providers for diagnosis and treatment purposes.
USE OF INFORMATION
In connection with providing the Service, we and our third-party affiliates and service providers may use your information, subject to the limitations addressed in the Protected Health Information Section above, for a number of purposes, including, but not limited to:
- Verifying your identity;
- Confirming your location;
- Administering your account;
- Fulfilling your requests;
- Processing your payments;
- Facilitating your movement through the Service;
- Facilitating your use of the Service and/or products or services offered through the Service;
- Communicating with you by letter, email, text, telephone or other forms of communication, including on behalf of your provider(s) to facilitate telehealth Services;
- Providing you with information about Moment, the labs, the pharmacies, the medical groups, the providers and/or their businesses, products and services by letter, email, text, telephone or other forms of communication;
- Providing you with customer support;
- Providing you with information about third-party businesses, products and services by letter, email, text, telephone or other forms of communication;
- Developing, testing or improving the Service and content, features and/or products or services offered via the Service;
- Identifying or creating new products, services, marketing and/or promotions;
- Promoting and marketing Moment, the Service, and the products and/or services offered via the Service;
- Improving user experiences with the Service;
- Analyzing traffic to and through Service;
- Analyzing user behavior and activity on or through the Service;
- Conducting research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Moment, the Service or products and services offered via the Service;
- Monitoring the activities of you and others on or through the Service;
- Placing and tracking orders for products or services on your behalf;
- Protecting or enforcing our rights and properties;
- Protecting or enforcing the rights and properties of others (which may include you);
- When required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
- Moment believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Moment, a user of the Service, which may include you, or anyone else who may be harmed by such activities or to further Moment’s legitimate business interests).
We may de-identify your information and use, create and sell such de-identified information for any business or other purpose not prohibited by applicable law.
DISCLOSURE OF INFORMATION
Subject to the limitations described in the Protected Health Information section above, we may disclose your information to third-parties in connection with the provision of our Service or as otherwise permitted or required by law. For example, we may disclose your information to:
- Other entities within the Moment corporate family;
- Our third-party and service providers (collectively “vendors”) that provide services to enable us to provide the Service, such as the hosting of the Service, data analysis, IT services and infrastructure, customer service, e-mail delivery, and other similar services;
- Our vendors that provide services to enable us to run our business and administrative operations, such as legal and financial advisory services, auditing services, analytics and similar services;
- Our vendors that provide services to enable us to promote and advertise the Service and the products and/or services offered via the Service, such as ad platforms or ad-retargeting services, as well as comply with contact removal requests or requirements, such as mailing list removal services, do not call registries, and similar services;
- The labs, pharmacies, medical group or its providers to enable them to provide services to you via the Service and to collect payment on their behalf;
- Vendors as we believe necessary or appropriate to comply with applicable laws; and
- To a third-party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock with such third-party.
We may de-identify your information and disclose such de-identified information for any purpose not prohibited by applicable law.
We may retain your information for as long as necessary to comply with legal obligations, resolve disputes and/or enforce agreements; and/or as long as needed to provide you with the products and/or services of the Service offered by Moment. We may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Moment or as required by law.
Similarly, the third-party affiliated professional entities, medical groups and providers may retain your information for as long as they believe necessary; as long as necessary to comply with their respective legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the medical groups and providers. The medical groups and providers may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by the medical groups or providers or as required by law.
In connection with any transaction that you conduct through the Service (e.g., the purchase or sale of any products or services on or through the Platform), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Moment without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third-parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by Moment’s third-party online payment processing vendor.
SUMMARY OF INFORMATION PRACTICES
Category of Personal Information Collected
Categories of Sources
Categories of Third-Parties with Whom We Share Personal Information
Full name, email address, phone number, account login and password, purchase information, billing address, physical address
You, our and third-party cookies and other tracking technologies on our website, and service providers.
Facilitating use of Services and/or products or services, processing payments, marketing, customer, or analytic services, protecting against malicious, deceptive, fraudulent or illegal activity, and enabling or effecting, directly or indirectly, a commercial transaction
Service providers, Medical Groups, Providers, Pharmacies, third-parties that assume control over all or part of the business in connection with a merger, acquisition, bankruptcy, or similar event, affiliates, professional advisors, law enforcement authorities, and those involved in legal proceedings, with consent
Unique identifiers or personal identifiers
IP address, online identifiers, mobile device ID, dates of medical visit
You, your mobile device, and our and third-party cookies and other tracking technologies on our website
Processing or fulfilling orders and transactions, debugging to identify and repair errors that impair existing intended functionality, providing customer or analytic services, and enabling or effecting, directly or indirectly, a commercial transaction
Service providers, Medical Groups, Providers, Pharmacies, data analytic providers, payment processors, affiliates, professional advisors, law enforcement authorities, and those involved in legal proceedings, with consent
Internet and other network activity
Your mobile devices and computers used to access our Site
Marketing, customer, or analytic services and enabling or effecting, directly or indirectly, a commercial transaction
Service providers, data analytic providers, affiliates
Gender, date of birth, zip code
You and our vendors
Marketing, customer, or analytic services, processing or fulfilling orders, transactions and identity verification
Service providers, data analytic providers, affiliates
Audio, electronic, visual, thermal, olfactory, or similar information
Electronic signature, photographic or video images
Identification verification or non-diagnosis or treatment purposes, on behalf of Medical Groups/Providers for diagnosis or treatment purposes
Medical Groups and Providers
Information about goods or services purchased, obtained, or considered
Your mobile device
Processing or fulfilling orders and transactions, marketing, customer or analytic services
Service providers, data analytic providers, affiliates
Health and Medical Information
Medical history and other information, symptoms, prescription history, insurance policy, insurance eligibility and coverage, laboratory test results, previous doctors visited
You or Medical Group and/or Providers
Processing or fulfilling orders and transactions
Medical Groups and Providers
Financial Information (Information under California Civil Code 1798.80)
Processing or fulfilling orders and transactions
Payment processors, buyers on Service, sellers on Service
Your mobile devices and computers used to access our Site, and our vendors
Confirming location and verifying identity
Medical Groups and Providers
Professional or Employment-related Information
Job history, educational history, employer
Applicants or non-applicant email addresses or signature blocks
Process and evaluate applications for positions with Moment
Service providers such as HR vendors
If you are a California resident, you have the right to know what personal information we collect, use, disclose or sell about you under the CCPA. Additionally, you have the right to access and delete your personal information.
To exercise these privacy rights and choices, please follow the instructions below:
How to request access to your personal information: You may request access to your personal information twice in a 12-month period. To do so, please email us at email@example.com with the subject heading “California Privacy Rights,” or call 949-680-1889. In response, we will produce a report detailing the personal information we have collected, disclosed, and/or sold about you. This report will be delivered by mail or electronically at your request. Note, we may not always be able to fully address your request, for example, if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response.
How to request deletion of your personal information: You may request that we delete the personal information it has collected and/or maintained about you. To do so, please email us at firstname.lastname@example.org or call 949-680-1889. Note, we may need to retain certain personal information as permitted by law, such as to complete the transaction for which the personal information was collected, maintain an electronic medical record for a medical group or provider, provide a requested good or service, detect security incidents, protect against malicious, deceptive, fraudulent or illegal activities, comply with legal obligations or to enable solely internal uses that are reasonably aligned with your expectations or lawful within the context in which you provided the information.
We reserve the right to charge a fee where permitted by law, for instance, if your request is manifestly unfounded or excessive. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Verification: Please note, we will take steps to verify your identity before fulfilling any of the above requests. We will verify your identity by matching two or three data points that you provide with data points that we maintain and have determined to be reliable for the purposes of verification (e.g., browser or device ID).
Authorized Agents: Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your or your minor child’s personal information. In order to designate an authorized agent to make a request on your behalf, you must provide written proof that you have consented to this designation unless the agent has power of attorney pursuant to California Probate Code sections 4000-4465. You must also verify your identity directly with us by providing a copy of your government issued identification.
Response Timing and Format: If you are a Moment customer with an online account, we will deliver our written response to that account online or via email. If you are not a customer or do not have an online account, we will deliver our written response by mail or electronically, at your preference. The response will also explain the reasons we cannot comply with a request, if applicable. Please note, that if you are submitting a request regarding information you provided to a medical group, a providers, or a pharmacy, your request should be directed to that entity.
Anti-Discrimination Right: We will not discriminate against you for exercising any of your CCPA rights. But note that some of the functionality and features available to you may change or no longer be available to you upon deletion of your personal information or opt-out of sale of your personal information.
We strive to use reasonable physical, technical and administrative measures to protect information under our control. However, you must keep your Account password secure and your Account confidential, and you are responsible for any and all use of your Account. If you have reason to believe that the security of your Account has been compromised, please notify us immediately in accordance with the “Contacting Us” section below.