Privacy Policy

 Last Updated: July 24, 2022 

OMG Moments, a California corporation (“Company”, “we”, or “us”), is committed to protecting your privacy and maintaining your trust. This Privacy Policy explains how we collect, use, disclose and protect your information when you use our services (“Services”), such as when you visit our website at omgmoments.com  or any website of ours that links to this Privacy Policy, or when you engage with us in other related ways, including any sales, marketing or events. We also provide information on privacy rights, how to exercise these rights and how to contact us with any questions. Capitalized terms that are not defined in this Privacy Policy shall have the meanings ascribed to them in our Terms of Use (the “Agreement”).  

By using our Services, you consent to the data practices described in this Privacy Policy. If you do not want your information processed in accordance with this Privacy Policy in general, or any part of it, you should not use our Services. 

  1. 1. Personal Information We Collect and Why
  2. 2. How Your Personal Information is Used
  3. 3. Sharing Your Personal Information
  4. 4. Cookies
  5. 5. Keeping Your Personal Information Secure
  6. 6. Security Breaches
  7. 7. Your Rights and Choices About Your Personal Information
  8. 8. Personal Information Retention
  9. 9. Children
  10. 10. Links to Third-Party Websites, Services and Products
  11. 11. Using Our Service Outside of the United States
  12. 12. California Users’ Privacy Rights
  13. 13. Changes to Our Privacy Policy
  14. 14. How to Contact Us
  1. Personal Information We Collect and Why 

“Personal Information” is any information that can identify or is linked to a specific individual, including, without limitation, your name, mailing address, e-mail address, telephone number, credit card number, debit card number, bank account number, demographic, location and household information.  We collect the following types of Personal Information about you: 

Personal Information you provide us directly  

We may request certain Personal Information when you register for a Company account or when you contact us directly, such as a login, your first and last name, mailing address, phone number, birth date and e-mail address. 

We also collect any feedback you send us and may collect Personal Information you provide in User Material you post through the Services, such as text and photos you upload through the Services. We use this Personal Information to operate, maintain and provide the features and functionality of the Services to you, to communicate with you, and to address any concerns you may have about the Services. 

You are not required to provide this information.  Please be aware, however, that if you do not provide the Personal Information requested, you may not be able to fully access or use our Services. 

Personal Information we receive from third parties 

We may receive Personal Information about you from third parties. For example, if you access our Services through a third-party connection or log-in, such as by linking your social media account to our Services, that third party may pass certain Personal Information about your use of its service to us.  This information could include, without limitation, the user ID connected to your account with that service (e.g., your Facebook or Twitter usernames), any information that you have allowed the third party to provide us, and any information you have made publicly available on that service.  

We encourage you to continuously review, and if necessary, adjust your privacy settings on third-party services before linking or connecting them to our Services.  You may also unlink your third-party account from the Services by changing your settings on the third-party service. If you unlink your third-party account, we will no longer receive Personal Information collected about you in connection with that third-party service.   

 Personal Information we collect from you automatically 

We may collect certain Personal Information automatically when you use the Services, such as your IP address, type of browser, the date and time you visit, information regarding the links you click on our Services, the content you view, how you navigate the Services, and other customary server log information used to help us measure traffic and usage trends for the Services.  We may also collect certain Personal Information to understand where you are located in order to provide you with personalized content and undertake aggregated data analytics. We may collect your precise or approximate location: (i) from you when you directly provide or confirm you location with us; (ii) by inferring the location from your IP address; and (iii) from our third-party service providers. 

Personal Information derived from cookies and taken from other similar technologies  

 When you use our Services, we and our third-party service providers will send cookies – small data files that are placed on your computer or mobile device when you visit the Services – and other similar technologies to your computer that uniquely identifies your browser.  These cookies allow us to help you log in to the Services faster, enhance your navigation of our website, remember your preferences and generally improves the content and offerings across our Services. They also provide us with information about how you use the Services (e.g., the pages you are on, the content you view, and the links you click) and allow us and our third-party service providers to track your usage of the Services.  

You can control or reset your cookies and similar technologies through your web browser, which will allow you to customize your cookie preferences and to refuse all cookies or to indicate when a cookie is being sent. However, certain features of the Services may not function properly if these cookies are refused, disabled, or deleted. For more information on how we use cookies and other similar technologies and how you can control them, please read Section 4 (Cookies) below. 

  1. How Your Personal Information is Used 

In addition to the purposes of collection described above, we use the Personal Information we collect about you for the following business purposes: 

  • For providing you with our Services – We use the information you provide us to better provide you use of our Services. This includes allowing you to log in to the Services, operating and maintaining the Services, giving you access to your designs and billing you for transactions that you make via the Services.  
  • To communicate with you about our Services – We use your contact information to send Services-related communications, such as communications regarding technical issues, transactional announcements, security concerns or administrative matters.  We may send e-mails concerning any material change to this Privacy Policy and/or the Agreement, notification of an actual or reasonably suspected security breach that affects your Personal Information stored by or for the Company, or public relations announcements.  
  • For improving our Services – We use information about you to help us improve our Services and our users’ experience, including by monitoring aggregate metrics such as total page views, average amount of time spent on the Services, traffic, and demographic patterns. 
  • For providing customer support services – We use information about you and that you provide to our customer support service team to resolve technical issues you experience with the Services and to ensure that we can fix and improve the Services for all our users. 
  • For personalizing your experience – We use information you provide us to remember your preferences and identifying you or your device whenever you use our Services.  
  • For advertising and marketing purposes – We use information about you, including cookies information and other similar technologies information we (and our third-party service providers) collect from you automatically, to serve and measure the effectiveness of advertising and marketing on the Services and third-party sites and platforms. 
  • For security measures, enforcing our terms and conditions and preventing fraudulent activities – We use information about you to protect the integrity of our Services, our privacy and security and that of third parties, enforce this Privacy Policy and our Agreement and/or our other applicable terms and policies, and to prevent fraud and other illegal activities.  
  • For matters that you have specifically provided your consent to – From time to time, we may seek your consent to use your information for a particular purpose. Where you have provided your consent to our using your information, we will use it for that particular purpose. Where you no longer want us to use your information for that particular purpose, you may retract your consent to this use. 
  1. Sharing Your Personal Information 

Who Your Personal Information is Shared With 

We share your Personal Information with third-party service providers so that we can provide the Services to you in an efficient and safe manner and to facilitate our legitimate interests. These third-party service providers will only be provided with access to your Personal Information as is reasonably necessary for the purpose that we have engaged such third-party service provider.  Furthermore, we will require all our third-party service providers to agree to this Privacy Policy and any applicable laws.  

Some of the third parties which we may share your Personal Information with include third-party service providers who assist us with business functions such as the following: 

  • Billing and payment processing – We work with Shopify to help process credit card transactions and other payment methods made through the Service. Shopify will store certain Personal Information about you. Please refer to its privacy policies to learn more about how Shopify uses your Personal Information. 
  • Zendesk for Customer support services;  
  • Uploadcare for file processing and uploading; and  
  • Amazon Web Services for hosting and storage. 

Who You Can Choose to Share your Personal Information and User Material With 

Any Personal Information or User Material that you disclose on a voluntary basis for posting publicly to the Services becomes available to be seen, collected and used by the public. When you set your profile to public or make Personal Information or User Material public, your information becomes publicly available worldwide, potentially searchable by other users and can be indexed by search engines. If you or the Company remove information that you posted to the Services, copies may nonetheless remain viewable in cached and archived pages of the Services, or if other users have copied or saved that information. 

Sharing With Other Third Parties 

We may also share Personal Information with third parties in certain circumstances, such as the following: 

  • Collaborating with other Users on the Services – The Services enable Users to communicate and collaborate with each other. Our servers may record, and we may retain records of the content of any such user-to-user communications. 
  • As required by law and in order to protect our rights – We may share your Personal Information outside of the Services if such sharing is required by law or, in our good faith belief, sharing is reasonably necessary to: (i) comply with legal process, such as a court order or a subpoena; (ii) cooperate with law enforcement; (iii) enforce this Privacy Policy, our Agreement, or other applicable terms and policies; (iv) respond to an emergency situation; or (v) protect the rights, property or safety of the Company, its users, or the public. 
  • Sale or transfer of all or part of our business – We may transfer your Personal Information as part of our assets if we (or parts of our business) are sold, transferred to, merged with, or acquired by, a third party.  Upon such transfer, the privacy policy of the acquiring entity may govern the use of your Personal Information. You will be notified by email and/or a prominent notice on the Services if such a transaction takes place and be given notice of any material changes to the way we handle your Personal Information under the acquiring entity’s privacy policy. 
  • You Have Provided Consent – We may share your Personal Information to other third parties you have consented to our sharing of it for a particular purpose. 
  1. Cookies 

Cookies are small bits of information that are stored by your computer’s web browser to collect standard Internet log information and visitor behavior patterns.  When you use the Services, we may collect information from you automatically through cookies or similar technology. For further information, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.  

How We Use Cookies 

We use cookies in various ways to improve your experience with the Services including the following: 

  • Keeping you signed in on your account; 
  • To enhance the ease of use of the Services; and 
  • To gather statistics on how you use the Services. 

What Types of Cookies We Use 

While there are a variety of cookie types, we use the following: 

  • Functionality Cookies – We (and our third-party service providers) use this type of cookie so that we recognize that you are on our website and so that we can retain your previously chosen preferences. This type of cookie could include your preferences selected on your account and the location you are in. Both first-party cookies, which are served directly by us to your device, and third-party cookies, which are served by a third party on our behalf, are used. 
  • Targeted Cookies – We use this type of cookie to collect information about your visit to our website, the content you viewed, the links you followed and information pertaining to your internet browser, device, and your IP address.   

How to Manage Cookies 

You may be able to refuse or disable cookies by adjusting your web browser settings.  Because each web browser is different, please refer to the instructions provided by your web browser (usually provided in the “help” section of every browser).   

Useful links for browsers: 

Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies  

Google Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en  

Firefox: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored  

Opera: https://help.opera.com/en/latest/web-preferences/#cookies  

Please note that if you choose to refuse, disable, or delete these cookies, some functionalities of the Services may no longer be available to you. 

  1. Keeping Your Information Secure 

Protecting the security of your Personal Information is important to us.  We take reasonable measures to help protect Personal Information from loss, theft, unauthorized access, misuse, disclosure, alteration and destruction.  However, you should understand that no data storage system or transmission of data over the Internet can be guaranteed to be one hundred percent (100%) secure. As a result, while we strive to protect your Personal Information, we cannot guarantee or warrant the security of any information you provide us or we collect about you.  To protect the security of your Personal Information, we take reasonable steps to verify your identity before granting you access to your account. You can help us to keep Personal Information about you accurate by providing us with notice of any change to your e-mail address, mailing address or phone number. 

Furthermore, please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.  

  1. Security Breaches 

Should any Personal Information under our control be compromised due to a breach of security, the Company will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose Personal Information may have been compromised and take other reasonable measures, in accordance with applicable laws and regulations. 

  1. Your Rights and Choices About Your Personal Information 

You have certain rights and choices with respect to your Personal Information we maintain about you. We will process your request as set forth below, however, our data retention policies and legal and audit obligations may require us to maintain some of your information (e.g., to be able to contact you to fulfill your requests). 

You Control Your Account Information and Settings 

You may access, update and delete your account information, if any, and your Personal Information contained therein, by logging into your account and changing your profile settings.  If you have any questions about reviewing or modifying your account, you may contact us directly at help@omgmoments.com.  

Unsubscribing and Opting Out of Communications 

You have the option to discontinue receiving communications from us. You may also withdraw your consent at any time to our collection, use and disclosure of your Personal Information subject to legal or contractual obligations and on reasonable notice. If you decide to withdraw your consent to our collection, use and disclosure of your Personal Information, we may not be able to provide you with all the services you may request or require from the Company. 

  1. Personal Information Retention 

To the extent permitted by applicable law, we may retain your profile information and User Material for a commercially reasonable time after termination or deactivation of your account with us, and for as long as we have a valid purpose to do so. In particular, we will retain your Personal Information in order to comply with our legal and audit obligations, in addition to backup and archival purposes.    

  1. Children 

Our Services are not intended to be used by individuals under the age of eighteen (18).  We do not knowingly collect Personal Information from such individuals without parental consent and require our customers to fully comply with applicable law in the data collected from children under the age of eighteen (18).  If you are a parent or guardian and believe your child has provided us with Personal Information without your consent, please contact us by using the information in Section 14 (How to Contact Us) below, and we will take measures to delete such Personal Information from our systems.  

  1. Links to Third-Party Websites, Services and Products 

The Services may contain links to websites, services or products offered by third parties outside the Company.  We do not control these third-party websites, services or products.  Accordingly, we are not responsible for the practices employed by websites, services or products linked to or from the Services, including the information or content contained therein.  When you navigate away from the Services to another website, this Privacy Policy will no longer apply to third-party websites, services or products, and any information that the third party collects from or about you will be governed by the privacy policies and practices of that third party.  You should always review and understand the privacy policies and practices of third parties before disclosing any Personal Information to those third parties. In addition, you acknowledge that we are not responsible for, and we do not exercise control over any third parties that you authorize to access your User Material.   

  1. Using Our Services Outside the United States 

The Company is based in the United States. The Services are controlled and operated by us from the United States.  If you are located outside of the United States and use the Services or otherwise provide Personal Information, you understand and agree that any Personal Information that you provide or that we collect from you may be transferred to, stored and processed on servers located outside your resident jurisdiction, including the United States, or in any country in which we engage service providers. 

The data privacy and protection laws in the United States may not be as comprehensive as those in your jurisdiction.  By using the Services or otherwise providing us with your Personal Information, you acknowledge that you fully understand and consent to: (i) the transfer and storage of your Personal Information in servers located outside your resident jurisdiction and, to the extent you are a resident of a country other than the United States, that you consent to the transfer of such data to the United States; and (ii) the processing of your Personal Information in accordance with this Privacy Policy. 

If you are located in the EU or UK, this section applies to you. 

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your Personal Information. As such, we may rely on the following legal bases to process your Personal Information: 

  • Consent. We may process your information if you have given us permission (for e.g., consent) to use your Personal Information for a specific purpose.  You can withdraw your consent at any time. If you are located in the EU or UK and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/newsroom/article29/items/612080.  
  • Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved. 
  • Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person. 

If we are relying on your consent to process your Personal Information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us at help@omgmoments.com.  However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor when applicable law allows, will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

  1. California Users’ Privacy Rights 

This Section 12 applies only to California residents and describes how we collect, use and share Personal Information of such residents in the operation of our Services and such residents’ rights with respect to that Personal Information.   

Your California Privacy Rights 

California users of our Services have additional rights afforded to them under the California Consumer Privacy Act (CCPA). For purposes of this Section 12, “Personal Information” shall have the meaning ascribed in the CCPA. Notwithstanding the foregoing, this Section 12 shall not apply: (i) to information that has been exempted from the scope of the CCPA; (ii) except as otherwise required by the CCPA, to Personal Information we collect from individuals acting in their capacities as representatives of organizations solely in the context of conducting due diligence regarding, or providing or receiving product or service to or from, such organizations; or (iii) to Personal Information we collect, use and share on behalf of our customers as a “service provider” as defined under the CCPA for purposes of providing the Services to our customers.  We do not “sell” (as defined in the CCPA) the Personal Information of our users.  

If you are under eighteen (18) years of age, reside in California and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.). 

Categories of Personal Information We Collect 

For more details about the Personal Information the Company has collected during the preceding twelve (12) months, please see Section 1 (Information We Collect and Why).  For details on how we use that information, and who that information is shared with, please see Section 2 (How Your Information is Used) and Section 3 (Sharing Your Information). 

How to Exercise Your Rights 

The CCPA provides California consumers various rights with respect to the Personal Information we collect, including the right to (subject to certain limitations):  

  • Request to access the Personal Information we have about you; and  
  • Request that we delete all your Personal Information. 

California users may make a request by contacting us at help@omgmoments.com. We will authenticate your request using the email address associated with your Company account and if necessary, proof of residency.  

  1. Changes to Our Privacy Policy  

We may update this Privacy Policy from time to time to reflect our current practice and ensure compliance with applicable laws. If we change our Privacy Policy, we will update the “Last Updated” date at the top of this webpage.  We require that you review this Privacy Policy every time you use our Services to stay informed of the latest modifications. 

  1. How to Contact Us 

If you have any questions about this Privacy Policy or the Services, if you have a complaint, or would like to contact us, please contact us at help@omgmoments.com.