What information we collect and why
How we use your information
Our rights and your rights, including the rights to contact and submission of content
What information we can retain
How we maintain security
INFORMATION USES, SHARING & DISCLOSURE
When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this policy. We rely on a number of legal basis to use your information in these ways. These legal bases include where:
necessary to perform the contractual obligations in our Terms of Service and in order to provide the services to you;
you have consented to receipt of marketing, which you can revoke at any time;
necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims;
necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, customers, or partners;
you have expressly made the information public;
necessary in the public interest; and
occasionally necessary to protect your vital interests, or those of others.
Note that we principally rely on consent (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising or service provision purposes.
Where we process your information based on legitimate interests, we do so as follows:
PROVIDING AND IMPROVING OUR SERVICES
We may use your information to improve and customise our Services, including sharing of your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. We request to access contact details in order to provide you with the means of contacting other customers or users.
This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. This includes customer service requests and service ticketing as a way of storing information to improve on our services. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users and obtaining insights into usage patterns of our Services.
KEEPING OUR SERVICES SAFE AND SECURE
We may also use your information for safety and security purposes, including sharing of your information for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Services, including enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kind.
We respect your privacy. 1616 Media Ltd will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy.
We use your information to provide and improve the Services and our products, for identification and authentication, for targeted online and offline marketing including through industry tools, to contact customers or interested parties, and for general research and aggregate reporting.
LEGAL AND SAFETY
We may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations any of our policies in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage.
Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).
If we receive a lawful, verified request for a customer’s records or information in one of the limited circumstances described in the previous paragraph, we may disclose personal information, which may include, but may not be limited to, a customer’s name, phone number and email address.
We also need to engage third-party companies and individuals (such as payment processors, research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to us not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like processing payments and helping us keep our Service operating and secure.
We can speak only for ourselves; this policy does not apply to the practices of third parties that we do not own or control or individuals that we do not employ or manage. If you provide your information to others, different practices may apply to the use or disclosure of the information that you provide to them. We do not control the privacy policies of third parties.
We are not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these third parties are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.
We value Customer, user, and potential Customer/User Feedback and take it very seriously, and we may, from time to time, solicit feedback. All feedback is our exclusive property, and no provider of feedback has a claim to any form of compensation, monetary or otherwise, in exchange for providing it.
We may, in our sole discretion, use, share, or incorporate feedback in whatever form or derivative we may decide into the products or services, without limitation. We retain all rights to such Feedback on a worldwide basis in perpetuity.
All 1616 Media Ltd material, as defined in the Terms of Service, is owned by us or our licensors or service providers, and is protected by copyright, trademark, trade secret, and other intellectual property laws. For as long as you adhere to this Agreement and maintain a valid Account, we grant you a non-transferable, non-sublicensable, non-exclusive, revocable, limited purpose right to access and use our Materials for consumer to consumer messaging from the Be Momentful application.
SUBMISSION OF YOUR PERSONALISED CONTENT
Where you are able to edit, add or upload Content in order to personalise Moments, you agree that you are solely responsible for all Content you submit, provide, or share, including any legal or other consequences for submitting, providing, or sharing it, including that you have obtained any necessary licenses, rights, consents and permissions, and as such you agree that none of the aforementioned Content will in any way violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person, business, organization, or entity.
You agree that 1616 Media Ltd is not responsible for any violations of Third Party intellectual property rights in any Content that you submit, upload, or otherwise add to Be Momentful. You further agree to pay all royalties, fees, and any other monies owed relating to the use of such Content.
You grant 1616 Media Ltd a non-exclusive license to view and use the Content you upload in order to provide the Services to you, including, but not limited to, troubleshooting.
This use may include, without limitation, the right to host, cache, store, or otherwise format your Content. 1616 Media Ltd may request access to your Content to use for marketing purposes. You are under no obligation to grant this request, and we will not use your Content in any marketing materials without your prior permission.
You agree that we may monitor the Application, Site and Services, and may, where reasonable or necessary, disclose information to satisfy our legal obligations, protect 1616 Media Ltd or its Customers, or operate or improve the Product or Services.
We reserve the right to monitor the security and preserve the integrity of our Site, applications, resources, data, Materials, customer content, and intellectual property (yours, ours, and Third Parties’). By using the Services, you agree that we may, with or without prior notice or notification, for any reason, and at our sole discretion, immediately suspend your access to the Services and/or terminate this Agreement.
Reasons may include, but are not limited to, security threats, intellectual property violations, attempts (whether successful or not) to access unauthorized data or other Material or Content, or the presence of Content or pages that in any way violate these Terms or place ourselves, our Customers, business, affiliates, partners, or licensors at risk, as determined solely by us.
Suspension of use and access is not a breach of this Agreement by 1616 Media Ltd, and your Account/Content/pages may be reinstated when the threat or risk has been remedied, at our sole discretion. We disclaim all liability for suspending the Site or Services, removing or requesting the removal of Content or pages, or terminating this Agreement, and you have no claim to any form of compensation or damages arising from such action.
You agree that we may gather and publish anonymous, Aggregate Data, based on your browsing, sending and receiving use of the Services. This data will not incorporate any Personal Information.
INFORMATION COLLECTED OR RECEIVED
In the course of providing our Services, we collect or receive your personal information in a few different ways. Often, you choose what information to provide, but sometimes we require certain information for you to use and for us to provide you the Services.
REGISTRATION, ACCOUNT SETUP, SERVICE USAGE
In order to use the Services, you need to provide us with a valid mobile phone number, and for Services that require registration, a name associated with your account that you can choose and that represents your identity on Be Momentful. You may review, change, or remove that name through your account settings. You need to provide this information to enable us to provide you with the Services.
Depending on which services you choose to use, additional information, such as billing and payment, may be necessary to buy and send Moments.
In addition to cookies, there are also plug-in technologies used by us to improve Be Momentful and its services including the functionality, ease of use, speed and optimisation of our websites and application.
By choosing to use our Services after having been notified of our use of Cookie Technologies in the ways described in this Policy, and through notice and unambiguous acknowledgement of your consent, you agree to such use.
You may provide your name and other personal information (such as birthday) in connection with your account and activity. You can edit or remove this information through your account settings.
Be Momentful automatically receives and records information from your browser or your mobile device when you visit the Site or use the Apps or use certain other Services, such as your IP address or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Services.
This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyse and understand how the Services work for customers and visitors, and to provide advertising, including across your devices, and a more personalised experience for customers and visitors.
We may also automatically collect device-specific information when you install, access, or use our Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers.
We may collect information about your territorial use of the Services for advertising, analytics, to serve content and to protect the Services, including your IP address, browser information (including referrers), device information and, when enabled by you, location information provided by your device).
We may receive or obtain information (for example, an email address or IP address) about a person who is not yet a registered customer (a “user”) in connection with certain Be Momentful features, such as when a user chooses to subscribe to a Be Momentful newsletter, engages in a transaction, receives a Moment or makes a support request out of app. User information is used only for the purposes disclosed when it was submitted to us or to facilitate action authorised by the user.
CHOICE AND CONTROL
We know that our customers value having control over their own information, so we give you the choice of providing, editing or removing certain information, as well as choices about how we contact you. You may change or correct your Be Momentful account information through your account settings or via advanced account services (for change of number, merger, closure or deletion of your account, which may require additional authentication):
Your name – the name that others see when you send a message, can be edited in settings
Your mobile number – can only be changed in writing through advanced account services
Your email address – validates advanced account services requests
Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) data access and portability (including the right to obtain a copy of your personal data you provided to Be Momentful, via your settings); (ii) data correction (including the ability to update your personal data, in many cases via settings); (iii) data deletion (including the right to have us delete your account except information we are required to retain, by contacting us); and (iv) withdrawal of consent.
MESSAGES FROM US
On occasion, we may need to contact you. Primarily, these messages are delivered by email or by push notifications, and every account is required to keep a valid contact method on file to receive messages. We may also contact you by telephone to provide customer support or for transaction-related purposes if you request that we call you.
Additionally, and with your consent, we may send you an SMS (or similar) message or other communication in order to provide you with customer support or to provide you with information about products and features that you may find of interest.
Some messages from us are service-related and necessary for customers. You agree that we can send you non-marketing emails or messages, such as service updates, confirmation of account, notification of an order, service availability, modification of key features or functions, and correspondence with our Be Momentful support team.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you receive notice of and agree (in most jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing communications through the opt-out link at the foot of the email.
RECEIVING A MOMENT
Certain features of the Services, especially sending a Moment, may require a message notification by 1616 Media Ltd to the recipient on your behalf, or to notify you that you have a message on behalf of another sender. You hereby agree to indemnify us and hold us harmless for any failure to have or obtain all necessary consents regarding the receipt of electronic communications, email, or commercial electronic messages to a recipient.
You acknowledge and agree that 1616 Media Ltd is not responsible or liable for any Third Party content linked to from the Site or Services. This includes but is not limited to quality, usefulness, and intellectual property rights. You agree that 1616 Media Ltd is not responsible or liable for any alleged or real damages or losses incurred through the use of Third Party content, goods, or services. Your use of Third Party content is solely at your own risk.
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password. It is important that you protect against unauthorised access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services.
ENCRYPTION AND OBFUSCATION
All message panes sent when sending a Moment are obfuscated and encrypted over the air. These are not visible or accessible except in exceptional circumstances.
We will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account remains (i.e. for the lifetime of your Be Momentful customer account), as described in this policy, or as needed to provide the Services to you. If you no longer want us to use your information to provide the Services to you, you may close your account. We will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy.
You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your Be Momentful app settings or by contacting us. Upon request, we will provide you with information about whether we hold any of your personal information. By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account.
In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. Please ensure you've read the options you have under the "Choice & Control" section above. If you need further assistance, you can contact us by clicking here. We will respond to your request within a reasonable timeframe.
If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.
Where you have provided your consent, you have the right to withdraw your consent to our processing of your information and your use of the Services. You can also request to delete your account. This deletion is permanent, and your account and any associated information cannot be reinstated.
We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, (iii) posting an update in the version notes on the Apps’ platform or (iv) On our website. We encourage you to check back regularly and review any updates.