MomMed APP Privacy Agreement

MomMed Privacy Agreement

Last Update: June 28, 2024

Thank you for using Mommed's products and services. We are committed to protecting your privacy by adhering to this policy.

Mommed is committed to being your exclusive companion during pregnancy and early parenting. We specialize in providing high quality products and creating a supportive community for mothers. Our carefully curated product range covers essentials for preparation, pregnancy, breastfeeding and parenting.

The MomMed app provides women with customized essential services including cycle tracking, pregnancy planning, educational resources and user forums. We aim to use these services in conjunction with a supportive platform to guide women through each stage. (collectively, the "Platform"). The Platform and its related services, products, sub-applications within the Platform, stand-alone applications, software programs and content associated with the Platform are collectively referred to herein as the "Service".

This Privacy Policy ("Policy") sets out the basis on which your data will be processed, collected, used and disclosed when you access or use the Service and other related services, products, software programs and content provided by us, including any other service that displays this Policy. For more information about the scope of this Policy, please see the section "How this Policy applies".

Please read the following carefully to understand our methods and practices for handling your information. For the purposes of this Policy, we use the terms "information", "personal information" and "personal data" to refer to information relating to an identified or identifiable natural person. We also use the term "Business Workbench Owner" to refer to an account owned by (i) a business entity or (ii) a third party using the account for non-personal purposes.

How does this policy apply?

Under some data protection laws, one party is the controller or processor of data. Generally, we are the controller for the information described in the "Categories of Information We Collect and Use" section; however, in certain circumstances, we are the processor. For example, we are the processor when a commercial workbench owner invites you to create an account for their business purposes and you use the Service as an authorized user of their workbench ("Authorized Commercial User Account"), and that commercial workbench owner is the person you generated when you logged into the Authorized Commercial User Account. We are the processor when an Authorized Business User Account is used on the Service ("Authorized Business User Account"), and such Business Workbench Owner is the controller of the Workbench Data generated when you log into your Authorized Business User Account. Such data and any other data over which the Commercial Workbench Owner has control is referred to herein as "Commercial Workbench Owner Controlled Data". Please note that this Policy does not cover the processing of Commercial Workbench Owner Controlled Data unless the Commercial Workbench Owner, as the data controller, shares such data with us. Such processing is primarily covered by the Commercial Workbench Owner's Privacy Policy, a separate agreement between the Commercial Workbench Owner and Mommed for the provision of, access to, and use of the Service, and/or an employment agreement (or any agreement that may be substituted for an employment agreement) entered into between you and the Commercial Workbench Owner.

Please note that the data controlled by the Commercial Workbench Owner does not include Workbench data generated when you log into your personal account, even if you interact with the Workbench associated with the Commercial Workbench Owner. In addition, Mommed will automatically convert your authorized Business User Account to a Personal Account when the Business Workbench Owner terminates your authorized Business User Account. If you continue to use the Service by logging into a personal account, we will generally act as the controller of the data (including Workbench data) associated with that personal account.

Types of information we collect and use

We collect and use the following categories of information when you access the Platform or use the Service:

Account Data. In order to create an account, you or the Commercial Workbench Owner may provide us with your name, photo, phone number, email address, password information and/or similar account details. In addition, if you use a paid version of the Service or a feature of the Service that partially supports purchases (e.g., purchasing food or in-car services), we will collect billing details from you or the Commercial Workbench Owner, including credit card information, bank information, and/or billing address.

Workbench Data. We collect and process content generated by you on the Platform and while using the Service, including:

Any messages, documents, photos, files or other content that you upload, view, edit, share or comment on;
Your uploaded address book and contacts, if you choose to provide them;
Schedules that you create, edit or are invited to;
audio as well as video data, including data generated when you use voice messaging and conferencing services, and any associated transcript data; and
Search queries and instructions.

Managing and Interacting with Data. We also collect and process data to manage, deliver, optimize and market the Service. Some of this data is collected automatically, including data automatically collected by our service providers and third party vendors. Management and Interaction Data includes:

Metadata and inferred information related to your use of the Service, such as your online status, chat details, the features and embedded content you interact with, the types of files you share, and the third-party integrations you use (if any);
Internet activity, cookies and similar tracking technologies, such as data automatically logged by our servers, such as your web requests, IP address, browser type and settings, referring/exit pages and URLs, number of clicks, date and timestamp information, language preference, and other such information;
Data about your online activity on the Website and connected devices and across third party websites over time, such as where you click, how long you visit a page, your page scrolling, mouse hovering, and other data to help us better understand your experience and provide you with the best possible user experience;
data about the device you use to access the Service and related device activity, such as mobile carrier, device ID and operating system version; and
Data about your communications with us, for example, when you provide us with feedback or contact us with questions or comments via our chat box or phone service (including on social media).

Location Data. We collect and process your location information, including rough location information (e.g., city, state, country, and/or zip code) based on your SIM card, IP address, or other device information. With your permission, we also collect your precise location and Global Positioning System (GPS) data. You can turn off GPS and location information in your system settings. If you choose to share your location with us and consent to our use of this data, we will process this information in order to provide you with relevant location-based services.

Third Party Data.Mommed allows the integration of other services and applications with the Service. If you use an integrated third party service, we may receive and process data from that third party (and may share certain data with that third party, including the data described above) in order to provide the integrated service.

This Policy does not apply to the third party's processing of information generated by any third party integrated service that you use through our Services. When using integrated applications and services on Mommed, please be sure to review the legal documents of the relevant third-party provider, including, but not limited to, service agreements and privacy policies.

Additional Commercial Workbench Owner Controlled Data. We may receive information (including data from the categories described above) that we collect and process only when the Commercial Workbench Owner chooses to use specific available features of those accounts and when the Commercial Workbench Owner gives instructions. For example, the Business Workbench Owner may enable features related to (i) time and attendance, approval, health reporting and logging features; (ii) enterprise directory services; (iii) third-party integration services; and/or (iv) precise geo-location services, including locations obtained through cellular base station triangulation. As set out in the section "How this policy applies", we are a processor of data controlled by the Commercial Workbench Owner and the Commercial Workbench Owner (and not Mommed) must ensure that it has an appropriate legal basis (including, where necessary, your consent) before collecting, using and disclosing such data.

How we use information

In addition to the purposes set out above, we may use, process and/or disclose your information for the following purposes, including:

To administer, operate and provide the Service;
To provide user support and to respond to, resolve and process questions, requests, applications, complaints and feedback from you;
Investigating and helping to prevent security issues and abuse, and helping to improve the security of the Service, including using automated systems to analyze content such as documents, instant messages, and emails to detect abuse, such as spam, malware, and illegal content;
To better understand your interests and needs in order to personalize your experience with the Service;
To analyze and study how you interact with our websites and applications;
Continuously improving the Service and products, including adding new features and performance;
To comply with applicable laws, regulations, codes of conduct, guidelines or rules, or to assist any governmental and/or regulatory authorities in enforcement and investigations as required by applicable laws and regulations or legal process;
To communicate with you, including to notify you of service information regarding changes to the Platform or the Service;
To send marketing and promotional materials by us or on behalf of our affiliates and commissioned third party business partners;
To evaluate and understand our marketing activities and the effectiveness of such activities;
To enforce our terms, conditions and policies;
To fulfill any other purpose for which you provided the data;
To third parties, including our business partners, third party service providers and agents located in and outside of the United States, as well as relevant government and/or regulatory authorities, for the purposes set out above;
To fulfill any other business purposes related to or connected with the above.

Combined Information

Unless otherwise prohibited by law, we may combine the information we collect when you use the Service with information we obtain from other sources, both online and offline, and use the combined information for the purposes described above.

Aggregation and De-Identification of Information

We may aggregate and/or de-identify any information collected through the Service so that such information is no longer associated with you or your device ("Aggregated/De-identified Information"). We may use the Aggregated/De-Identified Information for any number of purposes, including, but not limited to, research and marketing purposes, and may share such data with any third party of our own choosing.

Legal Basis

If you are an individual from the European Economic Area ("EEA"), the United Kingdom, Switzerland, or any country that requires notification of the legal basis for data processing, we collect and process data in accordance with the European General Data Protection Regulation ("GDPR") and the respective applicable data protection laws of those countries. The legal basis on which we collect and use your information as described above under the provisions of the European General Data Protection Regulation ("GDPR") and the respective applicable data protection laws of those countries will depend on the particular type of information and the particular context in which we collect it. Nevertheless, some examples of the legal bases on which we rely to process data are set out below:

Where we have obtained your consent;
Where it is necessary to use your information to fulfill our obligations under a contract between us and you;
Where it is necessary to use your information for our legitimate interests or the legitimate interests of others (for example, to operate the Service; to provide security for the Service; to prevent fraud; to analyze the use of the Service and improve it; and for similar purposes); and
when it is necessary to use your information to comply with applicable legal obligations.

How we share your information

We may disclose your information (including data you choose to share with us through third-party integration systems with Mommed Email, such as Gmail) to the following third parties, at our sole option, or at the direction of the owner of your business workstation, if any, including, but not limited to, those that may process your information on our behalf for one or more of the purposes set out above and here. Third Parties:

Service Providers and Third Party Vendors

We may disclose your information to service providers that support our business, such as cloud service providers and other third party technology providers. These service providers and vendors help us provide, administer and support the Service, including, but not limited to, research, payment processing and transaction fulfillment, information systems maintenance, data processing and storage, analytics, measurement and disaster recovery.

Commercial Workbench Owners and their Designated Third Parties

We will share certain information about you with Commercial Workbench Owners or any third party designated by such Commercial Workbench Owners only if you are an authorized user of a Commercial Workbench Owner.

Third Party Integration Systems

We may share certain data with third party integration systems if you allow the third party integration system to access your account, information, and any content you choose to use in connection with such third party integration system.

Our Corporate Group

We may also share your information with other members, subsidiaries or affiliates of Mommed in order to provide, maintain and optimize the Service.

Sale or Merger

As we continue to grow our business, we may purchase, merge with or partner with other companies. In such transactions (including the preparation of such transactions), information may be among the assets transferred. If some or all of our assets are sold or transferred to a third party, user information may be included in the transferred assets.

Legal Enforcement

We may disclose your information when we believe it is necessary or appropriate to: comply with applicable laws and legal process; respond to requests from the public and government agencies; protect our and/or our affiliates', your or others' rights, privacy, safety or property; and/or allow us to pursue available remedies or limit the damages we may sustain.

Where you have given your consent

Based on your consent or your instructions, we may share your personal information for other purposes.

International Data Transfers

International data transfers are necessary for us to provide the Service and to fulfill our contractual obligations to you in connection with the Service. We share your personal data globally with companies in our business group in order to carry out the activities described in this policy. We may also subcontract the processing of data involved in the Service or share your personal data with third parties located in other countries. We will do so on the basis of permitted legal bases and exceptions and will comply with the requirements under applicable law relating to such transfers. Our servers are located in Europe and your information may be processed on servers located outside of your country of residence. Data protection laws vary from country to country, and the laws of some countries provide more safeguards than others. Regardless of where your information is processed, we will apply the protections described in this policy. Where required by applicable law, we will provide adequate protection for your personal data in a number of ways, including, where appropriate, on the basis of a formal decision by a country that is able to ensure adequate protection of personal data, or by complying with model contractual clauses.

When you are an authorized user of the Commercial Workbench Owner, your Commercial Workbench Owner will determine which servers will process and store your information. Your Commercial Workbench Owner may also choose to share your information with parties located outside of your country of residence. Your Commercial Workbench Owner will protect your personal data and comply with the requirements of applicable laws regarding such transfers.

Participation in Data Privacy Frameworks

Mommed complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) as set forth by the U.S. Department of Commerce, the U.K. Extension of the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF). mo