Owner and Data Controller (“We”)
Momentpin Limited (Company Number SC573358)
27 Kilbirnie Place
Owner contact email: firstname.lastname@example.org
MomentPin™ is committed to expanding the boundaries of social networks through innovation and change, by integrating family values into a social network so as to create safety, security and a real sense of belonging within our digital lives and beyond.
MomentPin™ is planned to become the premier social network platform solving today’s issues of user safety, privacy and control. It will enable adults to create child accounts to allow them to connect and develop their social network skills through the concept of a Social Sandpit™. MomentPin has been designed for users from birth to beyond, a trusted platform on which users can interact with confidence and trust.
MomentPin has spent years maturing the concept and since June 2017 started building the technology. An improved beta version was developed for both iOS and Android phones which provides the core features and has been released end of September 2018.
The Service is directed to Adults and children
Momentpin is directed to both adults and children. We design our processing with children in mind from the outset and use a data protection by design and by default approach. We make sure that our processing is fair and complies with the data protection principles. As a matter of good practice, we use data protection impact assessments (DPIAs) to help us assess and mitigate the risks to children. If our processing is likely to result in a high risk to the rights and freedom of children then we shall completed a DPIA. We take children’s views into account when designing our processing.
The Service can/may be directed to children under the age of 13
Momentpin can be directed to children under the age of 13 under parental control.
We design our processing with children in mind from the outset and use a data protection by design and by default approach. We make sure that our processing is fair and complies with the data protection principles. As a matter of good practice, we use data protection impact assessments (DPIAs) to help us assess and mitigate the risks to children. If our processing is likely to result in a high risk to the rights and freedom of children then we shall completed a DPIA. We take children’s views into account when designing our processing.
Momentpin does not require children to disclose any more information than is reasonably necessary to participate in our Services.
Parents may review the personal information about their child collected by Momentpin – if any – outlined in the rest of this policy, ask for its deletion and request any further collection or use to be omitted by contacting the Owner. We design our processes so that, as far as possible, it is as easy for a child to get their personal data erased as it was for them to provide it in the first place.
Parents may also agree to the collection and use of their child’s information, but still not allow disclosure to third parties, unless disclosure is integral to the Service.
We regularly review available age verification and parental responsibility verification mechanisms to ensure we are using appropriate current technology to reduce risk in the processing of children’s personal data.
Types of Data collected
Among the types of Personal Data that Momentpin collects, by itself or through third parties, there are: first name, last name, phone number, company name, address, email address, city, field of activity, date of birth, Usage Data, website, Approximate location permission (non-continuous), Calendar permission, Contacts permission, Microphone permission, Phone permission, SMS permission, Storage permission, Social media accounts permission, Camera permission, Precise location permission (continuous), Reminders permission, gender, Cookies, geographic position, unique device identifiers for advertising (Google Advertiser ID or IDFA, for example), various types of Data, country, state, province, ZIP/Postal code, picture, marital status, billing address, shipping address, language and profile picture.
Momentpin may also collect special category data which includes racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, information on an individual’s health or sex or sexual orientation.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using Momentpin.
Unless specified otherwise, all Data requested by Momentpin is mandatory and failure to provide this Data may make it impossible for Momentpin to provide its Services. In cases where Momentpin specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Users are responsible for any third-party Personal Data obtained, published or shared through Momentpin and confirm that they have the third party’s consent to provide the Data to the Owner.
Mode and place of processing the Data
Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of Momentpin (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
- Users have given their consent for one or more specific purposes.
Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
When offering our Services to UK and EU children on the basis of consent, we make reasonable efforts (taking into account the available technology and the risks inherent in the processing) to ensure that anyone who provides their own consent is at least 13 years old. We make all efforts to ensure that a child understands what they are consenting to, and we do not exploit any imbalance of power in the relationship between us;
When offering our Services to UK and EU children on the basis of consent, we obtain parental consent to the processing for children who are under the age of 13 and make reasonable efforts (taking into account the available technology and risks inherent in the processing) to verify that the person providing consent holds parental responsibility for the child.
- provision of Data is necessary for the performance of a contract or agreement with the User and/or for any pre-contractual obligations thereof;
When offering our Services to UK and EU children and relying on ‘necessary for the performance of a contract’, we consider the child’s competence to understand what they are agreeing to, and to enter into a contract.
- processing is necessary for compliance with a legal obligation to which the Owner is subject;
- processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
- processing is necessary for the purposes of the legitimate interests pursued by the Owner or third party.
When offering our Services to UK and EU children and relying upon ‘legitimate interests’, we take responsibility for identifying the risks and consequences of the processing and put age appropriate safeguards in place.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.
Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
- Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
- Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfil such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon an accountancy restriction or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Contacting the User, Content commenting, Device permissions for Personal Data access, Backup saving and management, Handling activity data, Hosting and backend infrastructure, Interaction with online survey platforms, Location-based interactions, managing contacts and sending messages, Infrastructure monitoring, Social features and Registration and authentication.
Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.
Device permissions for Personal Data access
Depending on the User’s specific device, Momentpin may request certain permissions that allow it to access the User’s device Data as described below.
By default, these permissions must be granted by the User before the respective information can be accessed. Once the permission has been given, it can be revoked by the User at any time. In order to revoke these permissions, Users may refer to the device settings or contact the Owner for support at the contact details provided in the present document.
The exact procedure for controlling app permissions may be dependent on the User’s device and software.
Please note that the revoking of such permissions might impact the proper functioning of Momentpin Application.
If User grants any of the permissions listed below, the respective Personal Data may be processed (i.e. accessed to, modified or removed) by Momentpin.
Approximate location permission (non-continuous)
Used for accessing the User’s approximate device location. Momentpin may collect, use, and share User location Data in order to provide location-based services.
The geographic location of the User is determined in a manner that isn’t continuous. This means that it is impossible for Momentpin to derive the approximate position of the User on a continuous basis.
Used for accessing the calendar on the User’s device, including the reading, adding and removing of entries.
Used for accessing the camera or capturing images and video from the device.
Used for accessing contacts and profiles on the User’s device, including the changing of entries.
Used for accessing and recording microphone audio from the User’s device.
Used for accessing a host of typical features associated with telephony. This enables, for instance, read-only access to the “phone state”, which means it enables access to the phone number of the device, current mobile network information, or the status of any ongoing calls.
Precise location permission (continuous)
Used for accessing the User’s precise device location. Momentpin may collect, use, and share User location Data in order to provide location-based services.
Used for accessing the Reminders app on the User’s device, including the reading, adding and removing of entries.
Used for accessing features related to the User’s messaging including the sending, receiving and reading of SMS.
Social media accounts permission
Used for accessing the User’s social media account profiles, such as Facebook and Twitter.
Used for accessing shared external storage, including the reading and adding of any items.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
Backup saving and management
This type of service allows the Owner to save and manage backups of Momentpin on external servers managed by the service provider itself. The backups may include the source code and content as well as the data that the User provides to Momentpin.
Amazon Glacier (Amazon)
Contacting the User
Contact form (Momentpin): By filling in the contact form with their Data, the User authorizes Momentpin to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.
The Personal Data collected includes address, city, company name, date of birth, email address, field of activity, first name, last name and phone number.
Phone contact (Momentpin): Users that provided their phone number might be contacted for commercial or promotional purposes related to Momentpin, as well as for fulfilling support requests. The Personal Data collected includes phone number.
Content commenting services allows Users to make and publish their comments on the contents of Momentpin.
Depending on the settings chosen by the Owner, they may get MomentPin application notifications of comments on the same content. Users are responsible for the content of their own comments.
Comment system managed directly (Momentpin)
Momentpin has its own internal content comment system. The Personal Data collected includes email address, first name, last name, Usage Data and website.
Device permissions for Personal Data access
Momentpin requests certain permissions from Users that allow it to access the User’s device Data as described below.
Momentpin requests certain permissions from Users that allow it to access the User’s device Data as summarized here and described within this document. The Personal Data collected includes Approximate location permission (non-continuous), Calendar permission, Camera permission, Contacts permission, Microphone permission, Phone permission, Precise location permission (continuous), Reminders permission, SMS permission, Social media accounts permission and Storage permission.
Handling activity data
This type of service allows the Owner to use the activity data collected by your device in order for Momentpin to operate or to provide specific features. This may include movements, heartbeat, change in altitude or data about the surroundings.
Depending on what is described below, third parties may be involved in the activity tracking. Most devices allow for the User to control which Data is accessed or stored.
Activity data tracked by your device (Momentpin)
Momentpin uses some activity data tracked by your device to operate or to provide specific features. The Personal Data collected includes date of birth and gender.
Hosting and backend infrastructure
This type of service has the purpose of hosting Data and files that enable Momentpin to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of Momentpin. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.
Amazon Web Services (AWS) (Amazon)
This type of service allows Momentpin to monitor the use and behaviour of its components – so its performance, operation, maintenance and troubleshooting can be improved.
Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of Momentpin.
Crashlytics (Google Inc.)
Firebase Crash Reporting (Google Inc.)
Interaction with online survey platforms
This type of service allows Users to interact with third-party online survey platforms directly from the pages of Momentpin.
If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service.
SurveyMonkey Widget (SurveyMonkey Inc.)
Non-continuous geolocation (Momentpin): Momentpin may collect, use, and share User location Data in order to provide location-based services. Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, the User’s location data may be tracked by Momentpin.
The geographic location of the User is determined in a manner that isn’t continuous, either at the specific request of the User or when the User doesn’t point out its current location in the appropriate field and allows the application to detect the position automatically. The Personal Data collected includes geographic position.
Geolocation (Momentpin): Momentpin may collect, use, and share User location Data in order to provide location-based services. Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, the User’s location data may be tracked by Momentpin. The Personal Data collected includes geographic position.
Managing contacts and sending messages
This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
Mailgun (Mailgun, Inc.)
Registration and authentication
By registering or authenticating, Users allow Momentpin to identify them and give them access to dedicated services. Depending on what is described below, third parties may provide registration and authentication services. In this case, Momentpin will be able to access some Data, stored by these third-party services, for registration or identification purposes.
Direct registration (Momentpin)
The User registers by filling out the registration form and providing the Personal Data directly to Momentpin. The Personal Data collected includes address, billing address, city, country, date of birth, email address, first name, gender, language, last name, marital status, phone number, picture, profile picture, province, shipping address, state, various types of Data and ZIP/Postal code.
Social features: Inviting and suggesting friends (Momentpin)
Momentpin may use the Personal Data provided to allow Users to invite their friends – for example through the address book, if access has been provided – and to suggest friends or connections inside it. The Personal Data collected includes various types of Data.
Further information about Personal Data
Access the address book: Momentpin may request access to your address book.
Push notifications: Momentpin may send push notifications to the User.
Privacy Shield participation: data transfers from the EU to the United States
The Owner participates in and complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union to the United States. The Owner has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.
What does this mean for the European User?
The Owner is responsible for all processing of Personal Data it receives under the Privacy Shield Framework from European Union individuals and commits to subject the processed Personal Data to the Privacy Shield Principles.
This, most importantly, includes the right of individuals to access their personal data processed by the Owner.
The Owner also complies with the Privacy Shield Principles for all onward transfers of Personal Data from the EU, which means that it remains liable in cases of onward transfers to third parties.
The Owner is further required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Dispute resolution under the Privacy Shield
In compliance with the Privacy Shield Principles, the Owner commits to resolve complaints about its collection or use of the User’s Personal Data. European Union individuals with inquiries or complaints regarding this Privacy Shield policy should first contact the Owner at the contact details supplied at the beginning of this document referring to “Privacy Shield” and expect the complaint to be dealt with within 45 days.
In case of failure by the Owner to provide a satisfactory or timely response, the User has the option of involving an independent dispute resolution body, free of charge.
In this regard, the Owner has agreed to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel with regard to data transferred from the EU. The User may therefore contact the Owner at the email address provided at the beginning of this document in order to be directed to the relevant DPA contacts.
Under certain conditions – available for the User in full on the Privacy Shield website (https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint) – the User may invoke binding arbitration when other dispute resolution procedures have been exhausted
Unique device identification
Momentpin may track Users by storing a unique identifier of their device, for analytics purposes or for storing Users’ preferences.
User identification via a universally unique identifier (UUID)
Momentpin may track Users by storing a so-called universally unique identifier (or short UUID) for analytics purposes or for storing Users’ preferences. This identifier is generated upon installation of this Application, it persists between Application launches and updates, but it is lost when the User deletes the Application. A reinstall generates a new UUID.
The Rights of Users
Users may exercise certain rights regarding their Data processed by the Owner. In particular, Users have the right to do the following: –
- Withdraw their consent at any time.Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data. This right is particularly relevant if a User gave their consent or parental consent was obtained when the User was a child.
- Object to processing of their Data.Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
- Access their Data.Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and seek rectification.Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
- Restrict the processing of their Data.Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
- Have their Personal Data deleted or otherwise removed.Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
- Receive their Data and have it transferred to another controller.Users have the right to receive their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
- Lodge a complaint.Users have the right to bring a claim before their competent data protection authority.
Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
When considering marketing children; we take into account their reduced ability to recognise and critically assess the purposes behind the processing and the potential consequences of providing their personal data. We take into account sector specific guidance on marketing, such as that issued by the Advertising Standards Authority, to make sure that children’s personal data is not used in a way that might lead to their exploitation. We stop processing a child’s personal data for the purposes of direct marketing if they ask us to. We comply with the direct marketing requirements of the Privacy and Electronic Communications Regulations (PECR).
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
Additional information about Data collection and processing
The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of Momentpin or the related Services. The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
Additional information about User’s Personal Data
System logs and maintenance
For operation and maintenance purposes, Momentpin and any third-party services may collect files that record interaction with Momentpin (System logs) use other Personal Data (such as the IP Address) for this purpose.
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
How “Do Not Track” requests are handled
Momentpin does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honour the “Do Not Track” requests, please read their privacy policies.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
Personal Data (or Data)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Information collected automatically through Momentpin (or third-party services employed in Momentpin), which can include: the IP addresses or domain names of the computers utilized by the Users who use Momentpin, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
User (or You)
The individual using Momentpin or the individual who sets up Momentpin on behalf of another.
Data Processor (or Data Supervisor)
Data Controller (or Owner or We)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of Momentpin. The Data Controller, unless otherwise specified, is the Owner of Momentpin.
Momentpin (or this Application)
The means by which the Personal Data of the User is collected and processed.
The service(s) provided by Momentpin as described in the relative terms (if available) and on this application.
European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Small piece of data stored in the User’s device.
Content that is banned from being posted on Momentpin.
Content that depicts participation in or advocates for the sexual exploitation of children, including (but not limited to)
Engaging in any sexual activity involving minors / children
Soliciting, displaying, sharing, or viewing imagery of nude, sexualized, or sexual activity with minors / children
Arranging real-world sexual encounters or obtaining sexual material from any minor / children directly
Adults soliciting minors / children
Minors soliciting minors / children
Displaying nudity to minors / children
Minors / children soliciting adults
Using our products and site functionality with the intention of sexualizing minors / children
Content (including photos, videos, real-world art, digital content, and text) that depicts
Any sexual activity involving minors / children
Minors / children in a sexual fetish context
Minors / children with sexual elements, including (but not limited to):
Focus on genitals
Presence of aroused adult
Presence of sex toys
Staged environment (for example, on a bed) or professionally shot (quality/focus/angles)
Open-mouth kissing with minor / children or adult
Content (including photos, videos, real-world art, digital content, and verbal depictions) that shows minors in a sexualized context
Content that depicts child nudity where nudity is defined as
Visible genitalia (even when covered or obscured by transparent clothing)
Visible anus and/or fully nude close-up of buttocks
Uncovered female nipples for children older than toddler-age
No clothes present from neck to knee for children older than toddler-
Digitally-created depictions of nude minors / children, unless the image is for health or educational purposes
Latest update: September 28, 2018