Privacy Policy

This Privacy Policy applies to our interactions with you across various platforms, including the below (collectively the “Services”):

• Websites and Mobile Applications: This includes any interaction you have with our websites and any associated mobile applications.
• Events: When you attend events such as or trade shows, webinars, and others where we participate or present, we may collect personal information from and about you.
• Phone, Text, Chat and Email Communications: Personal information may be collected when you communicate with us via phone, text, chat, or email, such as call logs, email addresses, and the content of the communications.
• Social Media: We collect likes, comments, and direct messages through interactions on our social media pages and other third-party social media sites such as Facebook, YouTube, LinkedIn, Instagram, and Twitter. 
• Online Advertisements and Emails: If you view our online ads or emails, we may collect information about your interaction with these communications, such as click-through rates and preferences.
• Authorized Service Providers: We may also collect information through third-party service providers who are authorized to act on our behalf, including marketing firms and payment processors.

As further described below, we collect personal information directly from you, automatically through your use of the Website, and from other, third-party sources. To the extent permitted by applicable law, we may combine the information we collect from publicly available or third-party sources.

Personal information We Collect Directly From You. While the personal information we collect varies depending upon your use of the Services and our interactions with you, in general, we may collect the following personal information directly from you:

• Contact Information. When you contact us, we collect your name, email address, phone number, postal address.
• Purchases and Payments. You may be required to provide financial and bank information prior to purchasing the services. Please note, we do not store financial and bank information.  Such information is securely processed and stored by our Payment Providers (currently Stripe). For more information regarding the payment processor’s privacy practices, please review the policies provided by such provider.
• Account Information. When you register for an account with us, we collect your name, email address, password, and any other information used in connection with accessing your account.
• Communications and Interactions. When you send email, text message, call, or otherwise communicate with us and with members of our team, we collect and maintain a record of your contact details, communications, and our responses.
• Responses and Feedback. If you participate in our surveys or questionnaires, we collect your responses and feedback, such as user satisfaction or other information related to your use of the Website, and any other information you so choose to provide.
• Marketing and Promotions. We collect your email, name, phone number, preferences. If you participate in promotions we offer, we collect your name and other information related to the activities available through the Services.
• Inferences.  We may generate inferences about you based on other personal information we collect such as your preferences, behaviors, contact information, and demographics information. 
• Preferences. We also may collect information about your preferences, including communications preferences.

Personal information We Collect Automatically. We and our third-party providers automatically collect personal information related to your use of the Website, including using cookies and other similar technologies. The personal information we may automatically collect includes the below categories of information (collectively, “Usage Data”):

• Device and Browsing Information. When you visit the Website, we may collect IP address, browser type, domain names, access times, date/time stamps, operating system, language, device type, unique ID, Internet service provider, referring and exiting URLs, clickstream data, and similar device and browsing information.
• Activities and Usage. We also collect activity information related to your use of the Website, such as information about the links clicked, searches, features used, items viewed, time spent within the Website, your interactions with us within the Website, and other activity and usage information.
• Location Information. We may also collect or derive location information about you, such as through your IP address. If you choose to enable location-based sharing with us through your device settings, we may collect precise location information to provide content that is more relevant to your location and to otherwise improve your interactions with the Website. You may turn off location data sharing through your device settings.  
• Video viewing data.  We may collect internet protocol (IP) address and your activity and history regarding your interactions with videos contained on the Website.

For more information about our use of cookies and other similar technologies, please see the “USE OF COOKIES AND OTHER TECHNOLOGIES” section below.

We use your personal information for various purposes, including:

• Providing Information, Products, or Services. To fulfill your requests for information, products, or services, such as processing orders and providing customer support.
• Transaction Management. To manage transactions, such as tracking and processing payments.
• Website and Support. To allow you to maintain your account with us, provide and operate the Website, communicate with you about your use of the Website, respond to your inquiries, and to otherwise run our day-to-day operations.
• Analytics and Improvement. To better understand how users access and use the Services, and for other research and analytical purposes, to develop the Services and its features, and for internal quality control and training purposes.
• Communicate With You. To respond to your inquiries, send you requested materials and newsletters, as well as information and materials regarding the Services and offerings. We also use this information to send administrative information to you, for example, information regarding the Website and changes to our terms, conditions, and policies.
• Marketing and Promotions. For marketing and promotional purposes. For example, to send you information about the Services, such as newsletters and other marketing content that you sign up to receive.  If you do not wish to receive promotional e-mails from us, you may opt out at any time by following the unsubscribe directions in the email or contactins us.  If you opt out of a promotional e-mail, we may still send you transactional and administrative emails about this privacy notice or about the products or services you have purchased.
• Research, Development, and Surveys. To administer surveys and questionnaires, such as for market research or user satisfaction purposes and to develop new products and services, including market analysis and product testing.
• User-Generated Content. To enable you to post and share content, such as reviews, comments, forum posts, and other submissions, and to publish this content within the Moddy community.
• Security and Protection of Rights. To protect the Services and our business operations, and to protect our rights or those of our stakeholders; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or act regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms and Conditions. 
• Compliance and Legal Process. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
• Auditing, Reporting, and Other Internal Operations. To conduct financial, tax, and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions, and to maintain appropriate business records and enforce company policies and procedures.
• General Business and Operational Support. To assess and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions such as financings, and to administer our business, accounting, auditing, compliance, recordkeeping, and legal functions.

We may share your personal information for the purposes described above and as follows:

• Affiliates and Subsidiaries. We may disclose the personal information we collect to our corporate affiliates and subsidiaries. We may also partner with other businesses to offer our products, and we may disclose personal information to those business partners as necessary to facilitate your orders or requests.
• Vendors and Service Providers. We may disclose the personal information we collect to service providers who perform functions on our behalf, such as IT and website hosting, marketing, and marketing research providers, customer support, data storage, analysis and processing providers, auditors, consultants, and legal counsel.
• Business Partners (as defined below). We may also disclose your Usage Data to marketing and advertising networks, data analytics providers, and other companies who provide marketing or analytics services on our behalf. 
  
  • Joint Marketing Arrangements. To share information with trusted partners with whom we jointly offer products, services, or promotions, so they can market and provide relevant offerings to you. These partners may include affiliates, co-branded program partners, and other organizations with whom we have a formal marketing relationship.
• Payment Providers: We may provide paid products and/or services within the Services. When we do, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their own privacy notice. 
• In Support of Business Transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may disclose or transfer the personal information we have collected from you with or to the other company. We may also disclose certain personal information as necessary prior to the completion of such a transaction or other corporate transactions such as a financing or restructuring, to lenders, auditors, and third-party advisors, including attorneys and consultants.
• Compliance and Legal Obligations. To comply with our legal and compliance obligations and to respond to the legal process. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.
• Security and Protection of Rights. Where we believe doing so is necessary to protect us, our rights and property, or the rights, property, and safety of others. We may also disclose personal information related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, recordkeeping, and legal functions.
• Aggregate and Deidentified Information. Notwithstanding anything else in this Privacy Policy, we may use, disclose, and otherwise process aggregate and deidentified information related to our business and the Website with third parties for quality control, analytics, research, development, and other purposes. 
• Other Disclosures. We may disclose personal information in other ways not described above, but will notify you and, if necessary, obtain your consent.

A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you’ve visited. The only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites.

We and our third-party providers use cookies and other technologies to collect Usage Data. We may allow third parties to collect this Usage Data on our behalf and to retain and use this Usage Data themselves. We use this Usage Data to, for example, analyze and understand how you access, use, and interact with us through the Website, to identify and resolve bugs and errors in the Website, to assess, secure, protect, optimize, and improve the performance of the Website, for marketing and advertising purposes, analytics purposes, and to personalize content in the Website. We may also aggregate such information to analyze trends, administer the Website, and gather broad demographic information.  

We use the term “Business Partners” to refer to our Third-Party Advertisers, Marketing Partners, and Analytics Providers, as detailed below:

Third Party Analytics & Marketing Partners.  We use third party tools, which are operated by third party companies, to analyze ad traffic and usage of the Website. These tools collects data about your interaction with the Website via the cookies and through the standard implementation. This data may be used for purposes including delivering banner advertisements and other advertising tailored to your interests when you visit certain websites. 

• Google Analytics.  We use Google Analytics on the Website to help us analyze traffic and improve services. For more information on Google Analytics’ processing of personal information, please see https://www.google.com/policies/privacy/partners/. 
  
  • You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Preferences Manager.  You can find out more about how Google uses cookies in advertising and opt-out via the following links: Google Display Network (DoubleClick) & Google Analytics Opt-out Browser Add-on.

‍Cross-Device Tracking. We and our providers may use the information we collect about you within the Website and on other third-party websites and services to help us and these third parties identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.) to interact or engage with us or the Website.

UNITED STATES PRIVACY LAWS

This section describes state specific consumer rights afforded to residents of those states who have enacted comprehensive privacy laws (“State Privacy Laws”).  Not all of the State Privacy Laws are effective as of the date of this Privacy Policy, and several do not apply to Moddy; however, even where we are not subject to a particular State Privacy Law, we will endeavor to honor applicable privacy rights requests to the extent we are able under the circumstances, but this is a courtesy only and does not otherwise subject us to or make us liable under these laws, to the extent permitted.  Any terms defined in the applicable State Privacy Laws that we use here have the same meaning as the applicable State Privacy Law. 

Information We Collect

As more fully described above, we collect (and have collected within the last twelve (12) months) the following categories of personal information:

• Identifiers
• Commercial information
• Internet or other electronic network activity
• Geolocation data
• Inferences

Disclosure of personal information to Third Parties and Other Recipients 

‍

Sales and Sharing of personal information; Use for Targeted Advertising

Certain state laws, including the California Consumer Privacy Act, define "sale" as disclosing or making available personal information to a third-party in exchange for monetary or other valuable consideration, and “sharing” or “targeted advertising” as disclosing or making available personal information to a third-party for purposes of cross-contextual behavioral advertising. 

We sell and “share” or use for targeted advertising the following categories of personal information: name, email, address, and Usage Data. We disclose these categories to our Business Partners (as described above) for purposes of marketing and advertising. We do not sell or share or use for targeted advertising personal information about individuals we know are under age 16.  For more information regarding your opt-out rights, see the below Your Privacy Rights and Choices.

Your Privacy Rights and Choices

Residents of states with generally applicable privacy laws may have the following rights regarding their personal information, subject to certain exceptions and qualifications under their respective state laws.

• Access and Data Portability. You have the right to request details about the personal information we have collected about you, such as whether we have collected personal information about you, the categories of sources, the purposes for which we have collected the personal information, the categories of recipients, and the specific pieces of personal information we have collected. You may also have the right to receive a copy of your personal information in a readily usable format.
• Correction. You may have the right to request we correct incorrect or inaccurate personal information, subject to restrictions regarding the determination of accuracy of the existing personal information.
• Deletion. You may have the right to request deletion of your data unless an exception applies.
• Opt-Out of Sale, Sharing, or Targeted Advertising. You have the right to opt-out of “sales” and “sharing” of your personal information, and to opt-out of the use of your personal information for “targeted advertising” as those terms are defined under applicable state privacy laws. You may exercise this right via the Do Not Sell or Share My Personal Information link at the bottom of our webpage.
  
  • You have the right to opt-out of “sales” and “sharing” of your personal information or use for targeted advertising by using an opt-out preference signal. If the Website detects that your browser or device is transmitting an opt-out preference signal, such as the “global privacy control”—or GPC — signal, we will opt that browser or device out of the use of cookies or other tools on our site that result in a “sale” or “sharing” or use for targeted advertising of your personal information. If you come to the Website from a different device or from a different browser on the same device, or if you clear your cookies, you will need to opt-out again, or use an opt-out preference signal, for that browser and/or device as well. To learn more about the Global Privacy Control, please visit: https://globalprivacycontrol.org/#download

• Limit Use and Disclosure. We do not collect nor engage in uses of sensitive personal information that would trigger a right to limit use and disclosure of sensitive personal information under applicable state privacy law.
• Opt-Out of Profiling with Legal or Significant Effects. You may have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. However, we do not engage in such activities as described under applicable state privacy law, so there is no need to exercise this right.

Right to Non-Discrimination

We may not discriminate against you because you exercise any of your privacy rights contained in this Privacy Policy including, but not limited to:

• Denying goods or services to you;
• Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• Providing a different level or quality of goods or services to you; or
• Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Verifying Requests

You may request to exercise your rights of access, deletion, or correction by contacting us as described in the Data Requests section below. To help protect your privacy and maintain security, we will take steps to verify your identity before processing your request.  If you request access to or deletion of your personal information, we may require you to provide any of the following information: name, email address, telephone number, or postal address, and account information. When you make such a request, you can expect the following: 

• As required under applicable law, we will verify your identity. You will need to provide us with your email address and full name.  We may ask for additional information if needed.
• We will confirm that you want your information accessed, corrected, and/or deleted.
• We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the Website or phone number listed below.
• We will respond to your request within 45 days upon receipt of your request. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
• In certain cases, a request for access, correction, or deletion may be denied. For example, if we cannot verify your identity, the law requires that we maintain the information, or if we need the information for internal purposes such as providing services or completing an order. If we deny your request, we will explain why we denied it and delete any other information that is not protected and subject to denial.

Authorized Agents

You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us as described in the Data Request section below to make a request on your behalf. Even if you choose to use an agent, we may, as permitted by law, require:

• The authorized agent to provide proof that you provided signed permission to the authorized agent to submit the request;

• You to verify your identity directly with us; or
• You to directly confirm with us that you provided the authorized agent permission to submit the request.

Appeal Process

If you have made a request to access, correct, or delete your personal information under a state privacy law with an appeal right, and we have declined to take action, you may appeal our decision within 45 days of the denial. When you make such an appeal, you can expect the following:

• We will verify your identity. You will need to provide us with your email address and full name.  We may ask for additional information if needed.

• We will review your appeal and respond in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decision, within 45 days upon receipt of your appeal. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.

• In certain cases, an appeal may be denied. For example, if we cannot verify your identity, the law requires that we maintain the information, or if we need the information for internal purposes such as providing Services or completing an order. If we deny your appeal, we will explain why we denied it and provide you with a method to contact your state’s Attorney General to submit a complaint.

Data Requests

To exercise your data rights described above, you can contact us via: legal@moddy.ai