Privacy Policy
Last modified: 5/3/2018
Introduction
Mom365, Inc. ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit our websites, including, but not limited to, BabyPortraits.com and Mom365.com (our "Websites") and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
• On these Websites;
• In e-mail, text and other electronic messages between you and these Websites;
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy;
• Through enrollment in various Mom365 programs and services;
• When you interact with Company’s representatives and employees, including, but not limited to the Company’s customer service department and hospital photographers; and
• When you participate in telephone, paper and online polls, surveys, contests and sweepstakes.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not provide information and/or not to use our Websites; however, you may be unable to purchase products and services from us and may be unable to use certain portions of the Websites. By providing us with information and/or accessing or using these Websites, you agree to this privacy policy. This policy may change from time to time. Your continued use of these Websites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. However, we will treat your Personal Information in accordance with the Privacy Policy that was in place at the time we collected your information.
This Privacy Policy covers:
Children Under the Age of 13
Our Websites are not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Websites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on these Websites or on or through any of its features/register on the Websites, make any purchases through the Websites, use any of the interactive or public comment features of these Websites or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.
If you believe we might have any information from or about a child under 13, please contact us at customercare@mom365.com.
Information We Collect About You and How We Collect It
We collect several types of information from you, including information:
• by which you may be personally identified, such as name, postal address, e-mail address, telephone number, baby’s name, baby’s birth date, images, and other applicable birth event statistics ("personal information"); and
• about your internet connection, the equipment you use to access our Websites and usage details.
We collect this information:
• Directly from you when you provide it to us; it is never obtained from hospital records or medical files.
• Automatically as you navigate through the websites. Information collected automatically may include usage details, IP addresses and information collected through cookies, and other tracking technologies.
Mom365 obtains consent for the collection, use and/or disclosure of Personal Information at the time of collection.
Information You Provide to Us. The information we collect through our representatives and/or on or through our Websites may include:
• Information that you provide to representatives, including, but not limited to, Personal Information.
• Information that you provide by filling in forms on our Websites. This includes information provided at the time of registering to use our Websites, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Websites.
• Records and copies of your correspondence (including e-mail addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Websites.
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Websites, or transmitted to other users of the Websites or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Websites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
• Details of your visits to our Websites, including traffic data, location data and other communication data and the resources that you access and use on the Websites.
• Information about your computer and internet connection, including your IP address, operating system and browser type.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Websites and to deliver a better and more personalized service, including by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Websites according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Websites.
The technologies we use for this automatic data collection may include:
• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites.
• Flash Cookies. Certain features of our Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. Pages of our Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
• You can opt-out for Internet-Based Advertising with NAI by clicking here.
• We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see: http://www.networkadvertising.org/managing/opt_out.asp
Third-party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Websites are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
• To process product orders and returns.
• To present our Websites and its contents to you, including enrollment in and registration for Mom365 programs and services.
• To provide you with information, products or services that you request from us.
• To communicate information and special offers from Mom365.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Websites or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Websites.
• To better understand and analyze your needs and preferences.
• To develop, enhance, market and provide products and services to meet those needs and preferences.
• To notify you if you win a contest or sweepstakes, and to provide the contest or sweepstakes prize to you.
• To Ship products to those individuals that provide product reviews to or on behalf of Mom365.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
We may also use your information to communicate special offers from third-party corporations or other organizations (“Partners”) that have an agreement with Mom365 to provide promotional offers and discounts to you.
If you do not want us to use your information in this way, please notify us in writing via email at customercare@mom365.com or Mom365, Attn: Privacy Officer, 3613 Mueller Road, St. Charles, MO 63301.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
In addition, the Company provides customers who have photographs taken while in the hospital a web page on Mom365.com for their baby that may also be linked to the birth hospital’s home page. Customers must provide consent to this service prior to a Baby Portrait Page being posted to the Baby Portrait Page® section of Mom365.com. (A “Baby Portrait Page” is a page on the Website where photographs and information about a particular customer’s baby is posted.) The following information may be displayed on a Baby Portrait Page: parents’ first names, baby’s first name, middle name and last initial; weight; length; place of birth; and date and time of birth. Depending on the hospital where your photographs were taken, you may have the option to password your Baby Portrait Page using the “edit Baby Info” link within Baby Portrait Page, or the My Account link in the Website header. When the Baby Portrait Page is password protected, only those individuals whom you invite to view the Baby Portrait Page are able to do so.
Disclosure of Your Information
We may disclose aggregated information about our users and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Mom365's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Mom365 about our Websites users is among the assets transferred.
• To third parties to market their products or services to you if you have provided consent to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• Mom365’s “Mom365 Community” and other online communities may be run on platforms operated by third parties (e.g. Ning.com). The Mom365 Community is currently operated by Ning.com. Thus, when you register for Mom365 Community, any information you provide is given to both Mom365 and Ning.com. Ning.com’s privacy practices may vary from those of Mom365, so we encourage you to carefully review Ning.com’s Terms of Service and Privacy Policy.
We may also disclose your personal information:
• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms and conditions or terms of sale and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Mom365, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data or logging into the Websites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to customercare@mom365.com.
• Promotional Offers from the Company. If you do not wish to have your e-mail address/contact information used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or logging into the Websites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to customercare@Mom365.com. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, product service experience or other transactions.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by checking the relevant box located on the form on which we collect your data or logging into the Websites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to customercare@mom365.com.
You have the right to request us free of charge, rectification and erasure of your personal data by sending an e-mail to customercare@mom365.com. This same email address can also be used to object to the processing of your personal data.
Apart from the above, you can always get an overview of your own personal details and personal settings and adjust them if necessary by logging in and adjusting your account settings.
We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Websites and visiting your account profile page. You may also request access to Personal Information held by Mom365 by contacting Mom365 at the address provided at the end of this policy. Mom365 may request sufficient information from you (including passwords) to verify your identity and the existence, use and disclosure of Personal Information held by Mom365.
You may challenge the accuracy and completeness of the Personal Information contained in the Mom365 database and have it amended as appropriate. Mom365 amends the Personal Information contained in the Mom365 databases to address inaccuracies or incompleteness of the Personal Information when you notify Mom365 of such inaccuracies or incompleteness. When Mom365 does not resolve a challenge to your satisfaction, the Mom365 database will reflect the unresolved challenge. If Mom365 does not provide access to all the Personal Information it holds about you, it will provide the reasons for denying such access to you.
We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Websites, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Websites, including User Contributions, is governed by our terms of use.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to customercare@mom365.com or write us at the mailing address at the end of this Policy.
Data Security
We have implemented administrative, technical and physical safeguards designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Mom365 protects Personal Information regardless of the format in which it is held. Further, any payment transactions will be encrypted.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Websites like message boards. The information you share in public areas may be viewed by any user of the Websites. You agree to immediately notify Mom365 of any unauthorized use of your password or username or any other breach of security.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.
Cookies, Google Analytics and DoubleClick for Publishers
Our Website's makes use of cookies. A cookie is a small text file that is stored on your computer, tablet or phone via your browser. The cookies we use are necessary for the technical operation of our Website's, to give you a better experience on our Website's and ensure faster and easier use of our Website's.
We have implemented the following Google cookies:
- Google Display Network Impression Reporting
- Demographics and Interests Reporting
- DoubleClick DART Cookies
Google, as a third-party vendor, uses cookies to serve ads on our Website's. Google’s cookies enable it to serve ads to users based on previous visits to our Website's and other sites on the Internet.
You may opt-out of the use of DART cookies by visiting the Google Ad and Content Network privacy statement. Other cookie settings can be regulated in your browser. However, the exact procedure differs per browser. We recommend that you follow the instructions and/or use the help function of your browser to change the desired cookie settings. Please note that in some cases you may not be able to use all functions of our Website's, when using more strict cookie settings.
We honour do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
The information Google collects is anonymised as much as possible. The information is transferred to and stored by Google on servers in the United States. Google states that the SafeHarbor principles it follows are in line with the SafeHarbor program of the US Department of Commerce.
Retention Period
We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law.
Hyperlinks of Third Party Sites
Our Website's may contain links to third party websites. This Privacy and Cookie Statement does not apply to websites of third parties and Mom365, Inc accepts no liability with regard to the way in which these third parties handle your personal data. We therefore advise you to consult the privacy statement of all websites you visit.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will attempt to notify you by e-mail to the e-mail address specified in your account and/or through a notice on the Websites home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Websites and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
Mom365 Attn: Privacy Officer 3613 Mueller Road St. Charles, MO 63301
Or by emailing us here