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Mom365 Privacy Policy

Effective Date: January 30, 2012

Introduction

This Mom365 Privacy Policy describes the manner in which Mom365, Inc. (“Mom365”) collects, uses, maintains, discloses and otherwise manages information collected and controlled by Mom365, including Personal Information collected through the websites available at www.Mom365.com (the "Sites"). 

The Principles

Principle 1 - Accountability

1.1 The Mom365 Chief Information Officer, Chief Operating Officer and Vice President of Consumer Marketing oversee Mom365's compliance with the Mom365 Privacy Policy.  

Principle 2 - Identifying Purposes - Collection of Information

Mom365 collects Personal Information and non-personally identifiable information. 

“Personal Information” is  information about an identifiable individual, including but not limited to the following: first and last name, mailing address, e-mail address, phone number, baby's name, baby's birth date, and other applicable birth event statistics.

General Collection of Information

2.1 Mom365 collects Personal Information on its Sites and elsewhere through:

  • Mom365 representatives and employees;
  • Our customer service department;
  • Registration or participation in online forums and communities;
  • Telephone, paper and online polls, surveys, contests and sweepstakes;
  • Enrollment in various Mom365 programs and services; and
  • Other online and electronic activity with Mom365.

2.2 Mom365 collects Personal Information for the following purposes:

  • To process product orders and returns;
  • To process payments;
  • To process website search requests and enrollment in and registration for Mom365 programs and services;
  • To communicate information and special offers from Mom365 and/or third-party corporations or other organizations (“Partners”) that have an agreement with Mom365 to provide promotional offers and discounts to you;
  • To respond to requests for information about our products and services;
  • 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; and
  • To ship products to those individuals that provide product reviews to or on behalf of Mom365.

Additional Collection of Information Online

2.3 Mom365 also collects non-personally identifiable information from users of its Sites. Non-personally identifiable information is anonymous information that we do not associate with Personal Information.

2.4 One type of non-personally identifiable information that we collect (either directly, through the use of "cookies" or through the use of a third-party tracking system) is the IP address of the computer making the request. This IP address may be associated with your personal computer, or with a computer used by the portal through which you accessed the Internet, such as your Internet Service Provider or company network. IP addresses are not linked to Personal Information.

2.5  We also gather information about (1) the areas that users visit on the Sites, and (2) the links that users select from within the Sites to other areas of the World Wide Web or elsewhere online. Mom365 uses such information in the aggregate to understand how website visitors (as a group) use the services and resources provided on our Sites. This way, Mom365 knows which areas of its Sites are most popular, which areas need development and what technologies are being used so that Mom365 may continually improve its site and provide users with a positive online experience.

2.6 Our Site uses cookies. A "cookie" is a piece of information that a Site sends to your computer while you are viewing the Site to remember who you are the next time you visit the Site.

2.7  We use cookies on our Site to understand site usage and to improve the content and offerings on our Sites. For example, we may use cookies to personalize your experience on our Sites(e.g. to recognize you by name when you return to our Site). Many pages on our Site where you are prompted to log in or that are customizable require that you accept cookies to function properly.  You may set your Web browser to notify you when you receive a cookie. Should you decide not to accept cookies from our Site, you will limit the functionality we can provide.

Collection of Information from Photography Customers

2.8  All information collected by Mom365 is gathered directly from the Customer; it is never obtained from hospital records or medical files.

Principle 3 - Consent/Opt-Out

Mom365 obtains consent for the collection, use and/or disclosure of Personal Information at the time of collection. 

If you do not provide Personal Information to us, you may be unable to purchase products and services from us and may be unable to use certain portions of the Sites.

Principle 4 – Limiting Collection

4.1 We do not knowingly collect Personal Information from children under the age of 13.  

Principle 5 - Use, Disclosure and Retention

            General Use, Disclosure and Retention

Mom365 will only use or disclose Personal Information for purposes specified in this Privacy Policy or as you otherwise consent.

5.1 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.

5.2 In the course of processing a transaction with you, we may share some of your Personal Information with certain entities that we have contracted with to process and/or manage transactions, data management, and communications on our behalf. Such functions include package deliveries and credit card payment processing. Mom365 may give these companies access to your Personal Information only to the extent necessary to provide you with these specific services. 

5.3 We may use Personal Information to communicate information and special offers from Mom365 and its Partners.

5.4 Mom365 may also share your Personal Information from time to time with its Partners so that they can (a) inform you about their products, services, rewards and special offers, and (b) ship contest and sweepstakes prizes to you.

5.5 Mom365 may disclose Personal Information that it collects if, in its opinion, such disclosure is required to comply with legal process or procedure, for example, in response to a subpoena, search warrant or other governmental inquiry or order. It may also disclose such information in response to a law enforcement agency's request or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required or permitted by law. We may also disclose Personal Information to assist us in collecting a debt owed by you.

5.6 Mom365 may also transfer any Personal Information in the event that all or a portion of our business or assets are sold or transferred to a third party, including without limitation in the course of insolvency proceedings.

5.7 Mom365 does not otherwise trade, rent or sell Personal Information without your prior consent.

5.8 Mom365 may share non-personally identifiable information with its suppliers and other third parties for trend analysis and other statistical purposes.

            Additional Use of Information for Photography Customers

5.9 Mom365 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 Web Page being posted to the Baby Portrait Page® section of Mom365.com.  (A “Baby Portrait Page” is a page on the Sites where photographs and information about a particular Customer’s baby is posted.)

5.10 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 protect your Baby Portrait Page using the "Edit Baby Info" link within Baby Portrait Page, or the My Account link in the site header. When the Baby Portrait Page is password protected, only those individuals whom you invite to view Baby Portrait Page are able to do so.

Principle 6 - Accuracy

6.1 Mom365 updates Personal Information in its database if you provide updated Personal Information to Mom365.

6.2 You are responsible for informing Mom365 about changes to Personal Information, as appropriate.

Principle 7 – Safeguards

            General Safeguards

Mom365 protects Personal Information in its custody and control with reasonable administrative, technical and physical safeguards appropriate to the sensitivity of the Personal Information.

7.1 Mom365 has implemented administrative, technical and physical safeguards in an effort to protect the Personal Information in its custody and control against loss, theft, and unauthorized access, disclosure, copying, use or modification of Personal Information in our custody and control. Mom365 protects Personal Information regardless of the format in which it is held.

7.2 The methods of protection for Personal Information may include:

  • Physical measures, for example, locked filing cabinets and restricted access to offices;
  • Administrative measures, for example, employee confidentiality agreements, security clearances and limiting access on a "need-to-know" basis; and
  • Technological measures, for example, the use of passwords, firewalls and encryption.

7.3 Personal Information is stored on databases in Mom365 production facilities and at third-party database management and storage facilities in the U.S. Mom365 may in the future store information on storage facilities available on the Internet; this practice is commonly known as cloud computing.

7.4 We may provide your personally identifiable information to third parties who provide services to us or on our behalf. These third parties may provide a variety of services including, without limitation, delivering your order, providing or operating certain features of the Site (e.g., the online shopping cart), providing billing and/or payment services, and/or sending or coordinating the sending of marketing or other communications. 

7.5 Mom365 has appropriate training programs in place and provides employees with information about its policies and procedures for maintaining the privacy of Personal Information and the importance of maintaining the confidentiality of Personal Information.

7.6 Personal Information is disposed of or destroyed with care to prevent unauthorized parties from gaining access to the information.

            Online Safeguards

7.7 You may protect online access to your Account with a password you select. You alone are responsible for any and all activity that occurs on our Sites under such password. You agree to immediately notify Mom365 of any unauthorized use of your password or user name or any other breach of security. You agree to provide true, current, complete and accurate information as requested on any registration form to which our Sites may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

Principle 8 - Openness

Mom365 makes specific information about its policies and practices relating to the management of Personal Information readily available to you, through face-to-face interaction with Mom365 representatives and photographers, written materials, its Sites, and agents in its Customer Care Center.

Principle 9 - Individual Access

Upon request, Mom365 provides you with a general right of access to your Personal Information held by Mom365 and an account of its use and disclosure.

9.1 You can request access to Personal Information held by Mom365 by contacting Mom365 at the address provided in Section 10.2.

9.2 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.

9.3 You may challenge the accuracy and completeness of the Personal Information contained in the Mom365 database and have it amended as appropriate. When Mom365 does not resolve a challenge to your satisfaction, the Mom365 database will reflect the unresolved challenge.

9.4 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.

9.5 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.

Principle 10 - Challenging Compliance/Inquiries

10.1 A Customer may challenge Mom365's compliance with the above principles with the Chief Information Officer, Chief Operating Officer, Vice President of Consumer Marketing or any other individual identified by Mom365 who oversees Mom365's compliance with this Privacy Policy.

10.2 Please send inquiries about Mom365's Privacy Policy to Mom365 Customer Care Center:

Customer Care Center

Mom365
3613 Mueller Road
St. Charles, MO 63301
Or by calling: (800) 620-8479
customercare@Our365.com

Section 11 - Additional Terms that Apply Online

11.1 Mom365's Sites may have links to the sites of other companies such as Partners or other business partners, vendors and advertisers. The inclusion of any link does not imply Mom365's endorsement of any other company, its websites, or its products and/or services. Since their treatment of Personal Information may differ from ours, we encourage you to investigate their privacy practices and policies. We have no control over such websites and therefore have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose and otherwise treat your personal information.

Changes to this Policy

We may revise, modify, update, and/or supplement this Privacy Policy at any time at our sole discretion and without prior notice. Material changes to this Privacy Policy will be posted, along with their effective date, on our Sites. You should review the Privacy Policy periodically to monitor any changes. However, we will treat your Personal Information in accordance with the Privacy Policy that was in place at the time we collected your information.