This Privacy Policy (the “Policy”) will provide information to you regarding how We collect and use your personal data (which some jurisdictions refer to as “personal information”), and about choices you have concerning our use of such personal data. Please read this Policy carefully. From time to time, We may revise this Policy to address new issues or changes to our website or practices. We reserve the right to make changes to our Policy at any time. We will provide notice to you of these changes on our website. Please check this Policy periodically to see if there have been any revisions.

Effective: September 2019
Last Updated: February 2024
Revisions: Policy restatement

SCOPE OF THIS NOTICE

This Policy applies to individuals who interact with Virtual Marketing Strategies, Inc. d/b/a Momentum Life Sciences as consumers (“you”) that interact with us through our websites, apps, or through the use of any of our products and Services (together, the “Services”). This Policy explains how your personal data is collected, used, and disclosed by Momentum Life Sciences acting on our own behalf and on behalf of our clients, and by third parties acting on our behalf of Momentum or its clients (collectively “Momentum”, “We”, “Us”). It also tells you how you can access and update your personal data and make certain choices about how your personal data is used.

This Policy covers both our online and offline data collection activities, including personal data that We collect through our various channels such as websites, apps, third-parties, customer service, and events where this policy is provided to you. Please note that We might combine personal data from different sources (website, offline event), including by combining personal data that were originally collected by Momentum affiliates, business partners, and clients. We also may combine data from third parties with data We already have.

In some instances, if you do not provide personal data to Us, We may not be able to provide you with certain Services. We will indicate to you when this is the case, for example, by stating so on our registration forms.

By using our website or any of our Services, you agree with the terms of this Privacy Policy and our Terms of Use.

1. PERSONAL DATA & INFORMATION WE COLLECT ABOUT YOU

We collect information, including personal data, about you. “Personal data” generally means information that can reasonably identify a particular consumer or household. In the previous twelve months, We have collected various types of information and personal data, including:

Identifiers, including certain data defined as “personal information” in the California Customer Records law or as a protected classification under California or federal law. This data includes:

• Personal Contact Data: Any data you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number.
• Certain Data from Your Computer/Mobile Device: Data about the computer system or other technological device that you use to access our website or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet and other online identifiers. If you access a Momentum website or app via a mobile device such as a smartphone, the collected data will also include, where permitted, your phone’s unique device ID, advertising ID, and other similar mobile device data.
• Demographic Data & Interests: Any data that describes your demographic or behavioral characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g., ZIP code), and household or lifestyle data. This may include data about your health, medical conditions, nutrition, and exercise habits and goals. It may also include data about work status or professional credentials. In some cases, this could include data that you give Us about someone else. If you are a health care professional, We may collect data about your practice.

Third-Party or publicly available data: Any data that you share publicly on a third-party social network or data that is part of your profile on a third-party social network and that you allow the third-party social network to share with Us.

2. HOW, WE COLLECT PERSONAL DATA ABOUT YOU

We collect personal data directly from you when you choose to provide it to Us. We collect data when you inquire or register on and use our website or apps. We collect data when you sign up for our emails. We collect data from printed or digital registrations and similar forms that We collect via, for example, postal mail, and other promotions or events. We collect data if you fill out a survey or use other tools on your website or apps. We also collect data if you contact Us through our website or apps, via email, or through social media.

We also use automatic data collection tools, such as:

Google Analytics, cookies, and tracking technologies. We use Google Analytics tools other embedded tracking technology like web beacons, which automatically collect users’ browsing information when they use our website. You will find other parties’ trackers on our website. Other parties like our analytics and advertising partners place code with cookies or web beacons embedded in them to collect anonymous data related to users visiting the website. At any time, you can prevent the use of cookies in the future by activating the appropriate setting in your browser to refuse to accept browser cookies.

Web Beacons: Pages of our website and our emails 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 email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Keystroke and Cursor Tracking/Logging: We or our service providers may keep track of and/or collect the keystrokes, mouse clicks, and cursor movements of website visitors but, this information is anonymous and, at the time of collection, we do not directly associate or attempt to associate this information with you as an identifiable individual. If you sign up to receive our emails (e.g., through the popup box that appears) we then do have the ability going forward to associate the keystroke and cursor information with the email address you provide. We use this information solely for customer experience within the website.

Other Sources: We get data about you from other sources. For example, our affiliates and business partners may give Us data about you. Social media platforms may also give Us data about you. We may get data about your interactions with our ads on third-party sites.

3. PERSONAL DATA OF CHILDREN

We do not knowingly solicit or collect personal data from children below the age of 13. If you are a parent or legal guardian and think that your child under 13 has given Us data, you can contact Us in writing or by email as provided below under the section titled “CONTACT”. Please mark your inquiries “COPPA Information Request.” In the past twelve months, We have not knowingly sold the personal data of minors under the age of 16 without affirmative authorization.

4. USES FOR YOUR PERSONAL DATA

The following paragraphs describe the various purposes for which We collect and use your personal data, and the different types of personal data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.

Customer service.  We use your personal data for customer service purposes, including responding to your inquiries. This typically requires the use of certain personal contact data and information regarding the reason for your inquiry (e.g., status, technical issue, question/complaint, general question, etc.).

Marketing and Communications. We may use your personal data to provide you with information about our Services. This can be done via email, ads, SMS, phone calls, and postal mailings to the extent permitted by applicable laws.

Employment. We may use your personal data to determine your eligibility for employment with our company or otherwise process your job applications. We may verify your references, qualifications, and/or conduct a criminal records check for certain vetting purposes, where permissible and in accordance with applicable law.

Third-party social networks. We use your personal data when you interact with third-party social networking features, such as “Like” functions, to serve you with advertisements and engage with you on third-party social networks. You can learn more about how these features work and the profile data that We obtain about you and find out how to opt out by reviewing the privacy notices of the relevant third-party social networks.

Personalization. With your consent (where required), We may use your personal data (i) to analyze your preferences and habits; (ii) to anticipate your educational needs based on our analysis of your profile;

(iii) to improve and personalize your experience on our website and apps; (iv) to ensure that content from our website/apps is optimized for you and for your computer or device; (v) to provide you with targeted advertising and content; and (vi) to allow you to participate in interactive features, when you choose to do so.

General business purposes (e.g., internal or market research, analytics, security). In accordance with applicable laws, We use your personal data for other general business purposes, such as conducting internal or market research and measuring the effectiveness of advertising campaigns. We reserve the right, if you have Momentum accounts, to reconcile those accounts into one single account. We also use your personal data for management and operation of our communications, IT, and security systems.

Legal, Security, and Safety Reasons. We may use your personal data for legal, security and safety reasons. We may use your personal data to carry out legitimate interests (or those of a third party) or other valid legal bases. We will comply with the laws that exist and apply when using your personal data.

5. DISCLOSURE OF YOUR PERSONAL DATA

The following paragraphs describe how We disclose your data.

Service providers. We share data with our service providers. These external companies help Us run our business (e.g., fraud detection and identity verification, website operation, market research, support Services, promotions, website development, data analysis, CRC, etc.).

Analytics Providers. We use Google Analytics or other analytics services to help us understand the use of our website and Services.

Sharing personal data for legal reasons or due to merger/acquisition. In the event that Momentum or its assets are acquired by, or merged with, another company including through bankruptcy, We will share your personal data with any of our legal successors. We will also disclose your personal data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety, or property, or the public; or (v) to enforce the terms of any agreement or the terms of our website.

Disclosure of Aggregated Non-Personal Data. We may disclose aggregated, non-personal data received from providing the Services, including information that does not identify any individual, without restriction.

Selling/Sharing of Data. In the past twelve months, we have not disclosed information obtained from consumers to certain third parties in exchange for monetary or other consideration or for purposes of cross-contextual behavioral advertising. We have not sold personal data of children under the age of 16. Information on opting out of our data collection and advertising practices can be found within the U.S. State Privacy Rights section.

6. DATA PROTECTION AND RETENTION

We use reasonable and appropriate administrative, technical, and physical security measures as required by applicable law. The transmission of information via the Internet is not completely secure, and despite our efforts to protect your personal data, We cannot guarantee the security of the data during transmission through our website/apps. It is important that you also play a role in keeping your personal data safe and secure, including making make use of any privacy settings or controls We provide you in our website/apps.

Retention of personal data. We keep personal data as long as it is necessary or relevant for the practices described in this Policy. We also keep personal data as otherwise required by law.

7. TRANSFER AND STORAGE OF DATA

Information We collect about you may be transferred, processed, and/or accessed by Us in the United States, or another country where We or our service providers operate. Please be aware your personal data may be transferred to, and maintained on, computers located outside of your state or country where privacy laws may differ from and may not be as protective as those where you live.

8. OPT OUT OPTIONS

We strive to provide you with choices regarding the personal data that you provide to Us. The following mechanisms give you the following control over your personal data:

Advertising, marketing, and promotions. You can opt out of marketing emails by following the instructions provided in each such communication. Please note that even if you opt out from receiving marketing communications, you will still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g., account confirmations, password changes, etc.), and other important non-marketing related announcements.

Cookies and Web Tracking Technologies. You may limit the automatic collection of information by cookies and tracking technologies, including the collection of personal data about your online activities over time and across third-party websites or online Services, by opting-out of such collection. Download the opt-out browser extension, located for Google here, to opt-out of the automatic collection of browsing and device data.

Do Not Track Signals. CalOPPA requires Us to let you know how We respond to web browser Do Not Track (“DNT”) signals. DNT is a privacy preference you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on DNT, see here. Because there currently isn’t an industry or legal standard recognizing or honoring DNT signals, We don’t respond to them at this time.

9. THIRD-PARTY WEBSITES AND SERVICES

We may link to third-party website or apps, including social media platforms on our Services. This Policy does not apply to, and We are not responsible for, the privacy practices of these third-party websites or apps. Please read their privacy policies carefully. Momentum disclaims any liability for any third party’s use of your personal data obtained through using the third-party’s website or apps.

Our website or apps may also include third-party content that collects data. This includes data collected by cookies, pixels, or other tracking tools. We do not control these third parties or their tracking tools.

10. U.S. STATE PRIVACY RIGHTS

Several states, including California, Colorado, Connecticut, Virginia, Utah, and any other state with consumer data protection laws give consumers certain rights in regards to their personal data. Although some of these rights apply generally, certain rights will only apply to limited individuals or circumstances. To the extent that these laws apply to you, you may exercise the following rights:

Know & Access. You may request, up to two times each year, that We disclose to you the personal data that We collect, use, disclose, and sell about you. In response to a verified request, We will provide (1) the categories and specific pieces of personal data that We have collected, (2) the categories of sources from which that data is collected, (3) the business or commercial purpose for collecting it, (4) the categories of third parties with whom We shared (including sold, as applicable) that data, and (5) the business or commercial purpose for sharing including selling, as applicable) that data.

Data Portability. If you request a copy of your personal data We will provide it in an easily accessible format.

Delete. You may request that We delete any personal data that We have collected from or about you. Note that there are some reasons We will not be able to fully address your request, such as if We need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, to use the data for solely internal purposes, or to comply with a legal obligation.

Right to Correct Information. You may request We correct or rectify inaccurate information or personal data We have collected about you.

Right to Limit Use of Information for Advertising. You may opt-out of our use of your personal data for advertising purposes.

Right to Opt-Out. If We disclose your personal data to third parties for their direct marketing purposes, you may opt out of such disclosure.

Opt out of Targeted Advertising or Profiling. Right to opt-out of the use of automated decision-making technology, including profiling. Please note We do not currently use these technologies.

Limit the Use and Disclosure of Sensitive Data. Right to limit our use of sensitive personal data We collect (if any) to what is necessary to perform the Services.

Right to Non-Discrimination. You have the right to not experience discrimination from Us for exercising the rights listed in this section. What We mean by discrimination is denying you access to our Services or limiting the quality of our Services. However, limiting use of, or deleting, your personal data may restrict the purposes or uses that rely on that information. If you need further assistance, you can contact Us through one of the channels listed below under “CONTACT”.

Right to Appeal. Right to appeal our decision (if We decline to honor your request; likely due to an exception in the law).

To take advantage of any of these rights, or if you have any questions or concerns, please contact Us at 317.805.6600 or privacy@momentumls.com. For verification purposes, We may request your first and last name, email address and any email address you may have used when registering or inquiring with Momentum, phone number, including any other phone number used at registration/inquiry, and a physical mailing address. If someone else will be making the request on your behalf, please provide a notarized letter that verifies that individual’s identity and authorizes him/her to make this request on your behalf. Please mail the notarized letter at the address provided below in “CONTACT”. We value your privacy and will not discriminate in response to your exercise of your privacy rights. We will respond to your access or deletion request within 45 days of receipt of your request, after proper verification, unless We need additional time, in which case We will let you know.

Nevada Privacy Rights. Nevada residents have the right to opt-out of the sale of their personal data by, emailing Us (see our contact information below) and including “NV Sale Opt Out Request” in the subject line. Please note We will take reasonable steps to verify your identity and the authenticity of the request. We will respond to your request within the time required by law.

11. CONTACT

If you have any questions or concerns about our privacy policies, please contact Us.

Valerie Kinman at 317.805.6641 or privacy@momentumls.com. You may also write to Us at:

Momentum Life Sciences, 500 Pennsylvania Pkwy, Suite 100, Indianapolis, IN 46280.