Moomenti | www.moomenti.com | Minibar.world S.A. | 

 

 

Terms & Conditions (pages 1-8)

Privacy Policy (pages 9-17)

 

1.            Terms & Conditions

 

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.

 

Last update: November, 2021.

 

1.                ACCEPTANCE OF TERMS & CONDITIONS

 

These Terms & Conditions ("TC") consist of these TC, Moomenti's Privacy Policy and any supplemental terms, legal notices and other communications provided to you. 

 

These TC apply to your access and use of our mobile applications, websites, emails, text messages and social media accounts (collectively, the “Application”) provided by the company (“Moomenti" ”Minibar.world”, ”Minibari.world S.A”, ”Minibar.world LLC” “we”, “our” or “us”) and any feature, content, tools and services accessible by means of the Application or website.

 

The Application and these services are referred to as the “Service”.

 

These TC do not alter in any way the terms or conditions of any other agreement you may have with Moomenti for the Service (or any part thereof). If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept these TC on the entity’s behalf, and that the entity agrees to be responsible to Minibar.world S.A. if you violate these TC.

 

By accessing or using the Minibar.world. LLC. – www.moomenti.com – Minibar.world S.A. applications, social media accounts or any services provided by us, you (the user) agree to be bound by these TC.

 

 

Your use of the Service is conditioned upon the version of these TC in force at the time of your use. We reserve the right to change these TC at any time and you waive any right you may have to receive specific notice of such changes or modifications.

 

If you do not agree to all of these TC, do not access or use the website, application, social media accounts or any services provided by us. 

 

2.                PRIVACY POLICY

 

Please refer to our Privacy Policy below for information on how we collect, use and disclose personally identifiable information from our users.

 

3.                DEVICE USAGE TERMS AND CONDITIONS

 

You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider.

 

4.                REGISTRATION DATA ELIGIBILITY

 

To access certain areas and features of the Service, you may be required to register with the Service.

 

If you register, you will

 

(i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (the “Registration Data“);

(ii) maintain and promptly update the Registration Data, and any other information you provide to Moomenti, in order to keep it accurate, current and complete; and

 

(iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to the Service.

 

You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.

 

You may not use the Service if you are under 18 years of age (or the age of majority in your jurisdiction).

 

5.                GRANT AND RESTRICTIONS

 

Subject to the terms, conditions and limitations set forth in these TC, the Service grants you a non-exclusive, non-transferable and revocable license to use the Application on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by the Service that replace and/or supplement the original Application, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

 

You will:

 

(i) respect internal rules, policies and restrictions of the Moomenti location

 

(ii) have the capacity to be legally contracting and responsible

 

(iii) be of 18+ of age or have legal majority in your Country or State of residence

 

You will not do, and will not authorize or permit any third party to do, any of the following:

 

(i) distribute or make the Application available over a network where it could be used by multiple devices at the same time;

 

(ii) rent, lease, lend, sell, redistribute or sub-license the Application;

 

(iii) copy, de-compile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) or

 

(iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your right to use of the Application will immediately cease, and you will have infringed the copyright and other rights of the Service, which may subject you to prosecution and damages;

 

(v) alter, scrape, copy, or use the Moomenti listings for personal, commercial or informative purpose, without a specific agreement or affiliation collaboration.

 

The Service reserves all rights not expressly granted to you in these TC.

 

6.                CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS

 

In exchange for Moomenti providing you with access to the Service, you consent to the Service collecting and using technical data, personal information and related information in connection with your use of the Service, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Service and of software updates, product support and other services.

 

You also consent to our communicating with you about the Service.

7.                COMPATIBILITY WITH MOBILE DEVICES

 

Moomenti does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.

 

8.                CARRIER CHARGES

 

The Service requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.

 

9.                PRODUCT DESCRIPTIONS

 

The Moomenti Service attempts to be as accurate as possible. If you have reason to believe that an experience you booked through the Moomenti Service or other product or feature does not meet the claims advertised within the Service, you must contact Moomenti immediately (and in any case no later than two (2) business days following the check-in date or feature request date).

 

Your failure to contact us within this period may affect our ability to investigate and resolve your claim.

 

10.             MOOMENTI RATE

 

Our partner Hotels drive their own pricing policy and Moomenti does not influence such policy. As such, Moomenti makes no guarantee that the prices advertised through the Service represent:

 

(i) the lowest price for such an experience in every area on any particular day or

 

(ii) the published price for a similar access on another website or publication not affiliated with Moomenti in every area on any particular day,

 

(iii) the same price for a similar access available directly through the Hotel.

 

11.             SPECIAL REQUESTS

Special requests can be demanded directly to the location through the Application. If the location is unable to honor the special request, Moomenti takes no responsibility and assumes no liability.

 

12.             BOOKING LUXURY EXPERIENCES (« MOMENTS ») THROUGH THE SERVICE

 

When you book a Moomenti moment using the Service, you are representing the following:

 

(i) any payment information you supply is true and complete;

 

(ii) charges incurred by you will be honored by your debit/credit card company and

 

(iii) you will pay the posted price for the Moomenti moment, even if you are unable to consummate your Moomenti moment. Posted Moomenti rates include applicable taxes. We will not issue Value Added Taxes (VAT) invoices for any purchases made through the Service. You are responsible for paying the location directly for any upgrades or other not included incidental charges you make once you are at the location.

 

(iv) you will authorize the providing Hotel or property to verify your personal identification and make a copy of it (your photo ID) for security purpose.

 

(v) You agree to fully comply with the providing Hotel or property’s own rules and regulations, etiquette and dress code.

 

 

 

 

13.             OVER-BOOKINGS, CANCELLATIONS BY THE PROPERTY

 

If a location is unable to honor your reservation, contact us immediately, and we will work with you and the location to find you a suitable alternative solution (such as an available Moomenti moment at a different location).

 

14.             CANCELLATION - REFUND POLICY

 

When your Moomenti moment is cancellable and refundable, the Service will let you trigger this cancellation process.

 

Failure to trigger or complete this cancellation process in the Service indicates that your Moomenti reservation is non-refundable, non-cancellable. Moomenti will, at its own discretion, deal with valid cancellations reasons (against your will - such as medical, travel emergency) and on a one to one basis. If accepted, we may decide to partially or totally refund you, offer to reschedule your Moomenti reservation or credit your account of a similar value. Note that we would need to specifically arrange this with the Property and while we'll try our best it may result in it not being possible.

 

PROMOTIONS

Moomenti may offer special conditions and promotions on our Service. These will clearly be highlighted as such within the Application. 

 

15.             SERVICE FEES

 

All Service fees are included in the published prices. Moomenti may in some instances and in respect of the costs of running the Application and processing payments, charge a service charge upon the booking of a Moomenti moment (a “Service Fee”). In these cases you will be clearly informed before the payment and within the Application or Service that such Service Fee is being collected and added to your bill.

 

16.             ELECTRONIC COMMUNICATIONS

 

When you use the Service or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically.

 

We will communicate with you by email or providing notices via the Service.

 

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.

 

17.             USER GENERATED CONTENT AND YOUR CONDUCT

 

The Service may include forums and other interactive areas or services (“Interactive Areas”) in which you or other users can create, post or share content, materials, data, information, text, photos and/or other materials (“User Generated Content”). You are solely responsible for your use of such Interactive Areas and the User Generated Content you share. You hereby grant Moomenti - a perpetual, irrevocable license to use and display any User Generated Content you post, upload or otherwise provide to Moomenti.

 

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:

 

(i)            User Generated Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable.

 

(ii)           User Generated Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or that would otherwise create liability or violate any local, state, provincial, national or international law.

 

(iii)          User Generated Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right, or any other right, of any party.

 

(iv)          Unsolicited promotions, political campaigning or commercial messages (SPAM), or any chain messages or User Generated Content designed to deceive or trick a user of the Service.

 

(v)           Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

 

(vi)          Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without Moomenti 's express written consent.

 

(vii)         Scrapping, alter, copy/pasting, injecting or tweaking our Application, revenues, and information would be considered as breach our these TC and we reserve the right to take all legal actions against it.

 

You further agree that you are solely responsible for your conduct while using the Service and that you will not do any of the following in connection with the Service or its users:

 

(i)            Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner.

 

(ii)           Harass, threaten, or intimidate Service employees with inappropriate language or behavior;

 

(iii)          Collect any personally identifiable information about other users (except as specifically authorized by Moomenti), or intimidate, threaten, stalk or otherwise harass or cause discomfort to other users of the Service, our employees, partners or contractors.

 

(iv)          Use the Service for any commercial purpose.

 

(v)           Use the Service for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these TC or any other rules or policies established from time-to-time by Moomenti.

 

(vi)          Create an account, post any content, or otherwise use the Service if you are not at least 18 years of age or Adult Age in your State or Country.

 

(vii)         Modify, adapt, hack or emulate the Service.

 

Moomenti will moderate the User Generated Content and review/amend the content according to our User Generated Content and Conduct policies.

 

By using the Service, you agree and consent that your User Generated Content might be reviewed, altered, amended, and occasionally not published.

 

Moomenti takes no responsibility and assumes no liability for any user conduct or for any User Generated Content posted, stored or made available via the Service. Moomenti will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Service.

 

Your use of the Service, including any Interactive Areas, is at your own risk. Enforcement of the user content and conduct rules set forth in these TC is solely at Moomenti 's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by these rules.

 

18.             COPYRIGHTS & OWNERSHIP

 

The Service (including, but not limited to, the Application) contains the valuable proprietary content of Moomenti and our licensors and is protected by copyright and other intellectual property laws and treaties.

 

You will not use the Service (including, but not limited to, the Application) except in its intended manner in accordance with the terms and conditions of these TC.

 

All listing images, texts and materials are the property of their respective owners, i.e hotels, health clubs, Fitness Centers, spas, Pools, Lounges, gyms, or their authors, credited when possible or properly licensed.

 

All Trademarks, Service Marks are the property of their respective owners and Moomenti is not affiliated to them.

 

If you believe Moomenti is infringing your copyright, please let us know, we'll be glad to assist.

 

19.             TERMINATION OR MODIFICATION OF APPLICATION

 

Moomenti reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application) at any time without notice. In no event will Moomenti be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).

 

20.             TERMINATION

 

If you breach any of the terms or conditions of these TC or if Moomenti discontinues the Application, these TC will automatically terminate. In the event of the termination of these TC for any reason, the license granted to you in these TC will immediately terminate and you must immediately stop all use of the Service (including the Application) and destroy or erase all copies of the Application in your possession or control. All of the sections of these TC that by their nature should survive termination will survive any termination of these TC. For avoidance of doubt, the license section will not survive termination of these TC.

 

Any use of the Service after termination is unlicensed and is in violation of the copyright and other rights of Moomenti.

 

Moomenti and our affiliates reserve the right to refuse Service, terminate accounts, remove or edit content or cancel orders in our sole discretion.

 

21.             UNLAWFUL ACTIVITY

 

We reserve the right to investigate complaints or reported violations of these TC and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.

 

22.             DISCLAIMERS

 

You expressly acknowledge and agree that use of the Service (including, but not limited to, the Application) is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. to the maximum extent permitted by applicable law, the Service (including, but not limited to, the Application) is provided on an “as is” and “as available” basis. Moomenti disclaims any and all warranties and representations (express or implied, oral or written) with respect to these TC and the Service (including, but not limited to, the Application) whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all:

 

(i) warranties of merchantability;

 

(ii) warranties of fitness or suitability for any purpose (whether or not Moomenti knows, has reason to know, has been advised or is otherwise aware of any such purpose); and

 

(iii) warranties of non-infringement or condition of title.

 

Moomenti does not warrant that the functions contained in the Application will be accurate or meet your requirements, that the operation of the Application will be uninterrupted or error-free, or that defects in the Application will be corrected. no oral or written information, guidelines or advice given by Moomenti or our authorized representatives will create a warranty.

 

Morevover, you oblige yourself to respect the properties rules & local regulations, proper behaviour and etiquette in regard to security, attire and internal rules without limitation.

 

Moomenti shall never be responsible for your relationship with the property you accessed through the Service, for any conflict, litigation and such we would make all efforts to resolve them as a courtesy. 

 

23.             INDEMNIFICATION

 

You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to

 

(i) your conduct

 

(ii) your violation of these TC or your violation of the rights of any third party

 

(iii) any User Generated Content you share.

 

24.             LIMITATION OF LIABILITY

 

To the extent not prohibited by law, in no event will Moomenti be liable to you or any third party for any direct, incidental, special, indirect, consequential, exemplary or punitive damages whatsoever (including, but not limited to, damages for loss of profits, goodwill, business, contracts, revenue or anticipated savings; loss or corruption of data; business interruption or any other commercial damages or losses) arising out of or related to your use of or inability to use the Service (including, but not limited to, the Application), however caused, regardless of the theory of liability (contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory) and even if Minibar LLC. has been advised of the possibility of such damages. 

 

Moomenti does not warrant the accuracy, adequacy, completeness or timeliness of the information and services or the error-free use of the Service.

 

Moomenti does not represent or warrant that the Service (including, but not limited to, the Application) will be available or that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You shall be solely responsible for their adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

 

In no event, subject to mandatory applicable law, Moomenti, its directors, officers, employees and auxiliary persons shall be liable, including in the case of negligence, for any damages, losses or liabilities including without limitation, direct or indirect, special, incidental, consequential damages, losses or liabilities, in connection with the use of the Application, account hacking, users identity spoofing or the users’ reliance on or use or inability to use the information and Service on the Application, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. Furthermore, Moomenti disclaims all liability for any tampering with the users’ computer system by unauthorized parties.

 

25.             REPEAT INFRINGER POLICY

 

In accordance with applicable law, Moomenti has adopted a policy of terminating, in appropriate circumstances and at Moomenti’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Moomenti may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

26.             APPLICABLE LAW AND VENUE

 

The TC and your use of the Service, including, but not limited to, the Application will be governed by and construed in accordance with the laws of Switzerland, applicable to agreements made and to be entirely performed within the Canton of Geneva (Switzerland).

 

27.             MISCELLANEOUS

 

If any part of these TC is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these TC will continue in full effect. Only you and Moomenti are entitled to enforce these TC. No third party will be entitled to enforce any of the terms and conditions herein.

 

 

 

 

 

 

 

Privacy Policy

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY.

 

Last update: November, 2021.

 

This document represents a legal document that serves as our privacy policy ("Privacy Policy").

It governs the privacy terms of our mobile applications, website, emails, text messages, social media accounts and communications in general (the "Application") and any feature, content , tools and services accessible by means of the Application. The Application and these services are referred to as the "Services".

Our Privacy Policy is part of our Terms & Conditions.

(“Moomenti", "www.moomenti.com", "Minibar.world SA", "Company", "we", "our" or "us") takes your private information very seriously and follows all legal requirements and even more to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. 

We always seek to improve our Services, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information.

In this Privacy Policy, we use the word "Data" to describe all the information we collect that relates to you and your use of our Services. Data is broken into different categories, which we may refer to separately, but when we use the word Data, we mean all the different categories described in this Privacy Policy. The word Data does not include information that Hotels (defined below) may gather about you independently. Also, the term Data does not apply to de-identified, anonymized, and aggregated data that may be derived from Data, such as traffic patterns, search activity, and other information that cannot be reasonably connected with any individual ("De-identified Data"). We may use De-identified Data for our own purposes in any manner and without attribution or compensation to any person.

If we have a separate agreement with you and that agreement addresses how we handle Data, the terms of that separate agreement will control over any conflicting provisions of this Privacy Policy. The definition of Data in that separate agreement, if there is one, may differ from the definition we use in this Privacy policy, since the agreement will address particular interactions with a particular party.

With that exception, this Privacy Policy applies to everybody who interacts with us online or otherwise. If you have any questions about this Privacy Policy or how we handle your Data, please e-mail us at privacy@moomenti.com.

1.         DESCRIPTION OF SERVICES

Moomenti provides an Application through which certain third-party hotels ("Hotels") sell to users ("Users") specific Hotel products, services and events. Hotels are the sellers and issuers of the products, services and events and are solely responsible to Users for everything the Hotels do or fail to do in their relationship with Users, including the data the Hotels gather about Users in the course of that relationship. The term Data, as used in this Privacy Policy does not include any information Hotels gather about Users, and Moomenti is not responsible in any manner for the conduct or privacy practices of Hotels. We encourage you to review the privacy policy of any Hotel with which you interact.

2.         LAWFUL BASIS FOR PROCESSING

By accessing or using any of the Services or by otherwise interacting with us online, you consent to our use of your Data as described in this Privacy Policy. If our processing of your Data is based on your consent, you may withdraw your consent at any time, and we will cease collecting your Data. However, in some cases, this may result in your inability to receive partial or full access to the Services, and your withdrawal of consent does not limit our ability to use De-Identified Data for use by us in connection with our legitimate business efforts in the future. In addition, your withdrawal of consent does not prevent us from retaining and processing Data if we are required to do so by applicable law or in order to preserve legal claims. 

When you enter into an agreement with us, either by accessing the Services or by clicking "I Accept" or similar language online, we will process your Data for the purposes of fulfilling the terms of our contract with you. 

In all cases, we will comply with applicable law and we will cease processing your Data after the legal right or obligation or other necessity passes.

3.         INTENDED USERS

The Services are directed solely to persons 18 years of age.

4.         DATA WE COLLECT AND HOW WE USE IT

In the course of our relationship with you, we gather different categories of Data. We always have a lawful basis for gathering the Data, but that lawful basis might be different for different categories. Regardless, we never use the Data for any purpose other than the purpose for which we gathered the Data in the first place, unless we get your explicit consent. This section of our Privacy Policy describes the categories of Data we collect, the lawful basis for collecting that Data, and the uses we make of each category of Data.

A.         Registration Data

1.         Data Description: Registration Data consists of the name, e-mail address, and other contact information you provide us using the Services, both when you register your account and thereafter. Registration Data may also include the names and e-mail addresses of individuals accompanying you while using the products, services and events of a Hotel.

2.         Lawful Basis for Processing: Our lawful basis for processing Registration Data is our contract with you. We can only provide certain of the Services to you if we have the Registration Data, so we need to store and access that Registration Data during the term of our contract. Even when the Registration Data is not critically necessary to the provision of the Services, we may still process that Registration Data to facilitate our contractual interactions with you. The lawful basis for us to process Companion Data is our legitimate interest in providing the Services.

3.         How We Use It and Who We Share It With: Registration Data is accessible only to you and to us. We use it only to provide the Services to you. We will share the Registration Data with the Hotels which provide Services to you or to fulfill requests that you make of us. We may use your Registration Data to offer goods or services to you, but only on an opt-in basis after getting your specific consent.

B.         Engagement Data

1.         Data Description: Engagement Data consists of all the information you input or record using the Services, other than the Registration Data. It also includes all information that is proprietary to you regarding your use of the Services (other than the data that qualifies as "Usage Data" below) that is collected or processed by the Services. For example, Engagement Data includes the dates you book Hotels, pricing related to those bookings, and the options you select in that process.

2.         Lawful Basis for Processing: Our lawful basis for processing Engagement Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Engagement Data we receive from you.

3.         How We Use It and Who We Share It With: Your Engagement Data is accessible only to us, to you, and to the Hotels which provide Services to you. We do not share Engagement Data with other third parties, except at your specific request, but we may use Engagement Data to make inferences that help us provide and improve the Services, to prevent or identify fraud or other illegal activities, and to comply with applicable law. Both during the term of our agreement with you and thereafter, we may also use Engagement Data as De-Identified Data, and that De-Identified Data belongs solely to us to use in our sole discretion. To the extent we are required to delete any Engagement Data about you, we may still retain any De-Identified Data that may have originated as your Engagement Data.

C.         Usage Data

1.         Data Description: Usage Data consists of the following and similar information:

o   Information about your interactions with the Services, most commonly our mobile application and website, which includes the date and time of any requests you make.

o   The timing of the information you post to the Services including messages you send and/or receive via the Services and your interactions with our customer service team, but not including the content of those interactions and messages, which would be included as Engagement Data.

o   Technical data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Services, unique device IDs, device attributes, network connection type (e.g. WiFi, 4G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and application version.

o   Motion-generated or orientation-generated mobile sensor data (e.g. accelerometer or gyroscope), if any, required for the purposes of providing specific features of the Services to you.

2.         Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Usage Data we receive from you.

3.         How We Use It and Who We Share It With: Usage Data is accessible to us and to you. We do not share it with third parties, except at your specific request, but we may use Usage Data to make improvements to the Services. We may also use Usage Data converted to De-Identified Data, and that De-Identified Data belongs solely to us. To the extent we are required to delete any Usage Data about you, we may still retain De-Identified Data that may have originated as your Usage Data.

D.         Supplemental Mobile Data

1.         Data Description: Where applicable to the Services, Supplemental Mobile Data consists of the following and similar information:

o   Your precise mobile device location - If you give us permission to access your precise location, this enables us to access your GPS or Bluetooth to provide location-aware functionality in the Services. Please note that this does not include your IP address. We use your IP address to determine non-precise location, for example, what country you are in to comply with our licensing and other agreements;

o   The Company user profile includes age, gender, and other personal characteristics used for the purpose of delivering certain features; and

o   Your photos - If you give us permission to access your photos or camera, we will only access images that you specifically choose to share with us and metadata related to those images, such as the type of file and the size of the image. We will never scan or import your photo library or camera roll.

2.         Lawful Basis for Processing: Our lawful basis for processing Supplemental Mobile Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Supplemental Mobile Data we receive from you.

3.         How We Use It and Who We Share It With: We only use Supplemental Mobile Data when you specifically authorize it, and we only share it with those parties who are strictly necessary for the purpose you have authorized.

5.         PAYMENT DATA

We use Stripe.com, a third party payment processor to process payments made to us. Your Payment is highly secured, encrypted and in connection with the processing of such payments, we do not collect, store or retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is provided directly to our third party processor, Stripe, whose use of your personal information is governed by their privacy policy, which may be viewed at https://stripe.com/us/privacy.

6.         SPECIFIC INTERACTIONS WITH HOTELS

When our Users use the Services to book products, services and events with Hotels, the Data that is necessary to initiate that relationship is passed from Moomenti to the applicable Hotel. At that point, the Hotel may engage directly with our users and manage the relationship without any further involvement by Moomenti, except as necessary to ensure payments are correctly made and reporting is accurate. We may also allow you to include special requests (for example, “celebrating an anniversary”), and that Data will be passed along to the Hotel. To facilitate this legitimate interest and protect your Data, Moomenti and the applicable Hotel are considered joint controllers of your Data and are obligated to comply with applicable data privacy and protection laws in that capacity. Each Hotel's privacy policy governs any engagement you have individually with a Hotel after booking products, services and events through the Services.

7.         SHARING YOUR INFORMATION

Except where a specific limitation is noted above, we may share your Data as follows:

1.     At Your Instruction. If you request us to make your Data available to a third party (including with Hotels), and such request furthers the purposes of our Services, we will do so.

2.     Sharing with Vendors and Service Providers. In certain cases, we use the services of third-party vendors and service providers to assist us in providing the Services. We may share your Data with such vendors and service providers solely for that purpose, and we will require those parties to abide by our privacy policies or privacy policies substantially in consonance with ours.

3.     Third-Party Offers. We may allow other companies (including Hotels) to offer you their products and services, including offers through our Services, co-branded pages hosted by the third parties, or via email. Whether or not you decide to participate in any such offers is up to you. If you purchase a product or service on a co-branded page or email, or via a third-party offer on our Services that requires you to submit financial and personal information, you are also consenting to our delivery of this information to that party. The offer will notify you if any financial or personally identifiable information will be shared. Such third party will be authorized to use this information in keeping with our contractual relationship with them and in accordance with their own privacy policy and information practices. We do not control these third parties and you agree that we are not liable for their acts, or any failure to act on their part.

4.     Third-Party Advertising. We may use aggregated, statistical information to describe our membership and to establish advertising and other business relationships with third parties. We may serve you with targeted advertisements based on your personal or profile information, but we do not provide any of this personal or profile information to an advertiser or any third party with the exception of those uses expressly disclosed in this policy. However, if you click or view an ad on our Services then you consent to the likelihood that the advertiser will assume that you meet the targeting criteria, if any, used to display such ad, and as described above, you will be subject to the advertiser's privacy policy and information collection practices (if any).

5.     Third-Party Ad Servers. We may allow third-party ad servers or ad networks to display advertisements on the Services. Some of these ad networks may place a persistent cookie on your computer or use other technologies such as JavaScript and web beacons. Doing this allows them to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. We do not have access to or control over the cookies that may be placed by these parties on your computer, and we have no control over these parties' privacy policies or information collection practices (if any).

6.     Service Providers. We may sometimes use a third party to provide specific Services on our behalf, including sending e-mails to our members, conducting member surveys, processing transactions or performing statistical analysis of our Services. In these cases, we may provide certain personal information, such as your name and e-mail address and other financial information necessary for the service to be provided. However, these third parties are required to maintain the confidentiality of this information and are prohibited from retaining, sharing, storing or using this information for any other purposes.

7.     Internet Service Providers. We may provide certain portions of your Data, such as your email address or name, back to your internet service provider if we have an existing advertising relationship with them. This is done to allow them to target or discontinue your exposure to our advertisements, once you have become a participating member of our Services. As part of our agreement with your internet service provider, they will be required to maintain this information in a confidential manner and use it solely for the purpose described in this Privacy Policy.

8.     Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right to transfer that information in connection with such transactions without notice to you. We will not obtain your consent for such a transfer.

9.     Legal Disclosure. We may disclose your Information if required to do so by law or in the good faith belief that such action is necessary to conform to applicable law, comply with a judicial proceeding, court order or legal process served on us, protect and defend our rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our terms of service.

If we ever plan to use any Data in the future for any other purposes not identified above and we do not have a separate lawful basis for that processing, we will only do so after obtaining your specific consent.

Please note that we DO NOT sell your Data for any purpose.

8.         TECHNOLOGIES WE USE

The technologies we use for automatic Data collection may include the following:

·       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 Services. 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 Services.

·       Web Beacons. Pages of the Services 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).

·       Geolocation. We may use GPS (or other similar) technology when you use our Services, and more specifically any mobile application, to determine your current location. If you do not want us to use your location to provide you the Services, you can turn off your location services on your mobile device in your device's account settings.

·       Other Technologies. We may also use device identifiers, local storage, html modifiers, and different types of caching to help us understand the devices and users who access the Services. Those methods include device identifiers that are either hardware-based or software-based, persistent or non-persistent, and which may identify either a device or a software module within a device (such as a web browser).

9.         YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR DATA

We only use your Data for marketing purposes if you give us your specific consent. If, after giving your consent, you wish to stop receive marketing e-mails from us, please follow the instructions below. 

·       Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by sending a request for list removal to privacy@moomenti.com.

·       Any other disclosure of your Data: Except as provided in this Privacy Policy regarding De-Identified Data and except for Data that is processed by us pursuant to a lawful basis based on our legitimate interests and contracts with you or pursuant to our efforts to prevent or identify fraud or other illegal activities or to comply with applicable law, you may instruct us to cease disclosure or use of your Data by contacting us at privacy@moomenti.com.

We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages.

10.       YOUR RIGHTS REGARDING YOUR DATA

Under applicable data privacy, protection and other laws, you have certain rights related to your access and control of your Data. Such rights may include the following:

1.         The right to access, correct, update, or request deletion of your Data.

2.         The right to object to processing or restrict the processing of your Data. Please note that if you exercise this right, it may limit or eliminate our ability to provide you the Services.

3.         The right to request portability of your Data.

4.         The right to opt-out of marketing communications we send you. You can exercise this right by clicking the "Unsubscribe" or "Opt-Out" link found in these communications.

5.         The right to not be subject to a decision based solely on automated processing, including profiling, known as Automatic Decision Making. Please note that we currently do not employ any Automatic Decision-Making processes in providing the Services.

6.         The right to submit a complaint to any applicable regulatory authority about our processing activities.

We may use additional processes to verify your identity before we reveal or delete any of your Data, including two-factor or two-step authentication measures to ensure we can identify you.

This list may not include all of your rights under applicable laws. If you believe you have additional rights, please contact us using the methods in this Privacy Policy.

Further, although we currently do not process Data without consent, if we at any time in the future process Data without your express consent, you may opt-out or withdraw consent at any time.

Please note that exercising any of the above rights may limit or eliminate our ability to provide you the Services. If so, we may terminate the Services due to such requests.

We will try to comply with your request(s) as soon as reasonably practicable. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request.

Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages while continuing to use the Services.

To exercise any of these rights, or if you have any questions about our processing of your Data, please contact us at privacy@moomenti.com.

11.       SECURITY

The security of your Data is important to us. We use commercially reasonable efforts to store and maintain your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

All information you provide to us is stored on secure servers located in Europe and we will take reasonable steps to protect your information in accordance with this Privacy Policy, including:

·       Installing a secure firewall;

·       Use of anti-virus protection software;

·       Encrypting data; and

·       Performing regular backups.

Once we have given you (or you have chosen) a password to access the Application, you are responsible for keeping that password confidential. We ask that you do not give it to anyone else.

12.       THIRD-PARTY POLICIES

You may be able to access third-party websites and other tools and services or products via a link, or via our other tools. The privacy policies of these third parties are not under our control and may differ from ours. The use of any Data that you may provide to any third parties will be governed by the privacy policy of such third party or by your independent agreement with such third party, as the case may be. If you have any doubts about the privacy of the information you are providing to a third party, we recommend that you contact that third party directly for more information or to review its privacy policy.

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any offering, site or other products and Services used in connection with the Services. The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

13.       DATA RETENTION

We will keep your Data for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of De-Identified Data, account recovery, or if required by law. All retained Data will remain subject to the terms of this Privacy Policy. Please note that if you request that your Data be removed from our databases, it may not be possible to completely delete all of your Data due to technological and legal constraints.

14.       AMENDMENT OF THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice. Any change to this Privacy Policy will become effective on the date posted at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all Data that we have about you and your account. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Services signifies your acceptance of any changes.

 

15.       CONTACT US

You can help by keeping us informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at privacy@moomenti.com. If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures. 

OUR HEADQUARTERS ADDRESS:

MINIBAR.WORLD S.A.

93, Rue de Lyon

1203 Geneva

Switzerland

 

Moomenti is an on-demand reservation service to book luxury hotel facilities without being an overnight guest (pools, fitness centers, beach access, lounges, spa, special events and other Luxury facilities).

Luxury Hotels showcase their Services and sell directly to our community of existing and future Hotel guests. Luxury lovers are looking for new leisure options and if they are traveling they crave “a vacation in the vacation”. They become Moomenti users because they want a faster access to Luxury, an app that matches their digital habits and takes them faster where they really want to be.

 

Moomenti™ « Book your next Luxury moment »™ 

 

Minibar.world S.A. 2021 All Rights Reserved - All other trademarks and images are property of their respective owners.