Modo Labs

Privacy Policy

1. Introduction

Welcome to the website (modolabs.com, the “Site”) and Services (as defined below) of Modo Labs, Inc., (“Modo Labs”, “Modo”, “We”, “Us”, and/or “Our”). This Site and the Services are operated by Modo Labs and have been created to provide information about our company, as well as its mobile application management services for businesses (the “Services”) (such businesses, our “Client(s)”) to our users (“You”, “Your”).

This Privacy Policy sets forth Modo Labs’ policy with respect to information, including Personal Information (as defined herein), and other information that we may collect from You.

This policy applies to information we collect:

On this Site
In e-mail and other electronic messages between You and the Site
Through our Service

It does not apply to information collected by us offline or through any other means, or by any third party. The use of information collected through our Service shall be limited to the purpose of providing the services for which the applicable Client has engaged Modo Labs. This Privacy Policy shall not apply to any unsolicited information You provide to Modo Labs through the Site or through any other means. This includes, but is not limited to, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”) All Unsolicited Information may be deemed to be non-confidential and Modo Labs shall be free to reproduce, use, disclose, distribute, and exploit such Unsolicited Information without Limitation or attribution.

This Privacy Policy will Inform You of the following:

What information we gather about You when You are browsing our Site or using our Services;
How we use and with whom we share the information we gather; and
What security procedures we have in place to protect Your information from loss, misuse, or alteration.

Please read this policy carefully to understand our policies and practices regarding Your information and how we will treat it. If You do not agree with our policies and practices, Your choice is not to use our Site or Services. Use of the Site or the Services constitutes Your consent to the terms of this Privacy Policy. Whenever You submit information via our Site and the Services, You consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.

Please note that our Site and Services contain various links to other unaffiliated third-party websites. This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Site or Services. Modo Labs is not responsible for the privacy practices, privacy policies, or content contained in or regarding these other unaffiliated third-party websites that do not include this Privacy Policy.

2. Children Under the Age of 16

Our Site is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Site or Service. We do not knowingly collect Personal Information from children under 16. If You are under 16, do not use or provide any information on this Site

3. Information We Collect About You and How We Collect It

We collect the following kinds of information from and about users of the Site and Service from You including information:

By which You may be personally identified, such as name, email address, telephone number, title, name of Your organization, Your username or account number for the Service, or the IP address associated with Your device (“Personal Information“);
About Your internet connection, the equipment You use to access our Site, and usage details.

We collect this information:

Directly from You when You provide it to us through the Site or Service.
Automatically as You navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.

3.1 Information You Provide To Us

The information we collect on or through our Site may include:

Information that You provide by filling in forms on our Site. This includes information provided at the time of registering to use our Services, asking questions, requesting information and materials about our Services, registering or signing up for webinars or events, or providing comments and suggestions. We may also ask You for information when You report a problem with our Site.
Records and copies of Your correspondence (including email addresses), if You contact us.
Your responses to surveys that we might ask You to complete for research purposes.
Your search queries on the Site.

When You provide us with Your Personal Information it is done so voluntarily with Your consent.

Modo may make available certain functionalities that allow You to utilize artificial intelligence, machine learning, or similar technologies through the Service (the “AI Features”). Your use of such AI Features is always optional.

Modo Labs will only collect data that is necessary to fulfill our interest and we will only keep Your Personal Information for a reasonable period of time to allow us to exercise our legitimate interest. If You provide Personal Information, You acknowledge and agree that such Personal Information may be transferred from Your current location to servers of Modo Labs and the authorized third parties referred to herein located in the United States. We value Your right to privacy, so we minimize the amount and types of data we collect and analyze.

3.2 Information We Collect Through Automatic Data Collection Technologies

When You navigate through and interact with the Site or Services, we may use various automatic data collection technologies to collect certain personally non-identifiable information, including:

Details of Your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that You access and use on the Site.
Information about Your computer and internet connection, including Your IP address, operating system, and browser type.

The information we collect automatically cannot be used to specifically identify You. We may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

Track the total number of visitors to our Site;
Track the number of visitors to each page of our Site;
Track the domain names of our visitors’ internet service providers; and
Understand how our users use and interact with the Site and Services.

3.2.2 Cookies

We use cookies and other statistical and tracking technologies as described in this section in connection with the operation of our Site. A cookie is a piece of information that our Site sends to Your browser, which then stores this information on Your system. Some cookies are deleted when You close down Your browser. These are known as session cookies. Others remain on Your device until they expire, or You delete them from Your cache. These are known as persistent cookies and enable us to remember things about You as a returning visitor to our Site.

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 Site. 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 Site.

You may update Your cookie settings at any time using our consent manager: Manage consent.

4. How We Use Your Information

Use of Your Personal Information is in accordance with this Privacy Policy and our legitimate interest in operating a business.

We use information that we collect about You or that You provide to us, including any Personal Information:

To present our Site and its contents to You.
To provide You with information, products, or services that You request from us.
To fulfill any other purpose for which You provide it.
To administer Your account and provide You with notices about Your account.
To respond to customer service requests.
To carry out our obligations and enforce our rights arising from any contracts entered into between You and us, and between us and our Clients.
To notify You about changes to our Site or any products or services we offer or provide through it.
To allow You to participate in interactive features on our Site.
To us improve the content and functionality of the Service, to better understand our users and to improve the Services.
In any other way we may describe when You provide the information.
For any other purpose with Your consent.

We may also use Your information to contact You about our own goods and services that may be of interest to You. Each marketing communication we send You will contain conspicuous instructions permitting You to “opt-out” of receiving future marketing communications. Note however, that as a user of the Service You cannot opt-out of some administrative communications that are reasonably necessary to use the Service, such as billing or service notifications.

4.1 Disclosure Of Your Information

We may disclose Personal Information (with the exception of phone numbers and opt-in consent) that we collect or You provide as described in this privacy policy:

To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Modo Labs’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Modo Labs about our Site users is among the assets transferred.

We may disclose Personal Information that we collect or You provide as described in this privacy policy:

To fulfill the purpose for which You provide it.
For any other purpose disclosed by us when You provide the information.
With Your consent.

We may also disclose Your Personal Information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Acceptable Use Policy and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Modo Labs, our customers, or others.

We will not share mobile information with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties for any reason.

Modo Labs does not sell Your information. We consider this information to be a vital part of our relationship with You. We will share Your Personal Information with third parties only in the ways that are described in this Privacy Policy.

5. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information. You can use the Site without providing any Personal Information. This will require You to turn off cookies in Your browser. If You disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. In addition, if You choose not to provide any Personal Information, You may not be able to use certain Services, access certain resources, or register for webinars and other events.

5.1 Requesting, Removing, and Correcting Your Information

Our Site may offer publicly accessible blogs, webinars, or community forums (“Public Areas”). You should be aware that any information You provide in these areas may be read, collected, and used by others who access them. To request a copy, removal, or correction of Your Personal Information from Public Areas, contact us at privacy@modolabs.com. In some cases, we may not be able to remove Your Personal Information, in which case we will let You know if we are unable to do so and why.

Modo Labs collects information under the direction of its Clients, and has no direct relationship with the individuals whose Personal Information it processes through the Service. Modo Labs works with its Clients to help them provide notice to their customers concerning the purpose for which Personal Information is collected.

An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the Client’s Administrator. If the Client requests Modo Labs to remove the data, Modo will respond to their request within 15 business days.

6. Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information.

To learn more about California residents’ privacy rights, see Section 6.1.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

Confirm whether we process their Personal Information.
Access and delete certain Personal Information.
Correct inaccuracies in their Personal Information, taking into account the information’s nature processing purpose (excluding Iowa and Utah).
Data portability.
Opt-out of personal data processing for:
targeted advertising (excluding Iowa);
sales; or
profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights please send an e-mail to privacy@modolabs.com

6.1 California Consumers: Your Rights Under the CCPA/CPRA.

You have the right under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), and certain other privacy and data protection laws, as applicable, to exercise free of charge:

Disclosure of Personal Information We Collect About You	You have the right to know, and request disclosure of: ● The categories of Personal Information we have collected about You, including sensitive Personal Information ● The categories of sources from which the Personal Information is collected ● The categories of third parties to whom we disclose Personal Information, if any –and– ● The specific pieces of Personal Information we have collected about You Please note that we are not required to: ● Retain any Personal Information about You that was collected for a single one-time transaction if, in the ordinary course of business, that information about You is not retained ● Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Information –or– ● Provide the Personal Information to You more than twice in a 12-month period
Right to Deletion	Subject to certain exceptions set out below, on receipt of a verifiable request from You, we will: ● Delete Your Personal Information from our records –and– ● Direct third parties to whom the business has sold or shared Your Personal Information to delete Your Personal Information unless this proves impossible or involves disproportionate effort Please note that we may not delete Your Personal Information if it is reasonably necessary to: ● Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by You, or reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform a contract between You and us ● Help to ensure security and integrity to the extent the use of the consumer’s Personal Information is reasonably necessary and proportionate for those purposes ● Debug to identify and repair errors that impair existing intended functionality ● Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law ● Comply with the California Electronic Communications Privacy Act ● Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained Your informed consent ● Enable solely internal uses that are reasonably aligned with Your expectations based on Your relationship with us ● Comply with an existing legal obligation –or– ● Otherwise use Your Personal Information, internally, in a lawful manner that is compatible with the context in which You provided the information
Right of Correction	If we maintain inaccurate Personal Information about You, You have the right to request us to correct that inaccurate Personal Information. Upon receipt of a verifiable request from You, we will use commercially reasonable efforts to correct the inaccurate Personal Information.
Protection Against Retaliation	You have the right to not be retaliated against by us because You exercised any of Your rights under the CCPA/CPRA. This means we cannot, among other things: ● Deny goods or services to You ● Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties ● Provide a different level or quality of goods or services to You –or– ● Suggest that You will receive a different price or rate for goods or services or a different level or quality of goods or services Please note that we may charge a different price or rate or provide a different level or quality of services to You, if that difference is reasonably related to the value provided to our business by Your Personal Information. We may also offer loyalty, rewards, premium features, discounts, or club card programs consistent with these rights or payments as compensation, for the collection of Personal Information, the sale of Personal Information, or the retention of Personal Information.

6.2 How to Exercise Your Rights.

If You would like to exercise any of Your rights as described in this Privacy Policy, contact us at www.modolabs.com or email us at privacy@modolabs.com.

Please note that You may only make a CCPA/CPRA-related data access or data portability disclosure request twice within a 12-month period.
If You choose to contact us directly by website/email/phone/in writing, You will need to provide us with:
Enough information to identify You (e.g., Your full name, address and customer or matter reference number)
Proof of Your identity and address (e.g., a copy of Your driving license or passport and a recent utility or credit card bill) –and–
A description of what right You want to exercise and the information to which Your request relates
We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.
Any Personal Information we collect from You to verify Your identity in connection with Your request will be used solely for the purposes of verification.

6.3 Personal Information We Sold or Shared.

We do not sell Your Personal Information and will not do so in the future without providing You with notice and an opportunity to opt-out of such sale or sharing.

6.4 Categories of Personal Information We Disclosed for a Business Purpose.

In the preceding 12 months, we have not disclosed for a business purpose any Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

7. Our Security Procedures

Modo Labs takes reasonable steps to protect the Personal Information provided via the Site and Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. The security of Your Personal Information and our Clients’ information is important to us. When You enter sensitive information (such as login credentials) we encrypt the transmission of that information using Transport Layer Security (TLS). However, no internet, email or other electronic transmission is ever fully secure or error free, so You should take special care in deciding what information You send to use in this way. If You have any questions about security on our Site, You can contact us at privacy@modolabs.com.

8. Information For Customers In Designated Countries

Section 8 only applies to individuals located in the European Economic Area (EEA) and United Kingdom (UK). It applies to Modo Labs’ role as both Data Processor for information about You provided to us by our customers, and Data Controller for Direct Marketing. This privacy policy does not apply to the Personal Information we process as a “data processor” on behalf of our customers. In those situations, the customer that we provide services to and with whom we have entered into a data processing agreement is the “Data Controller” responsible for your Personal Information, and We merely process your information on their behalf in accordance with Your instructions.

8.1. International Data Transfers outside the EEA and United Kingdom

Your Personal Information may be transferred and stored in countries outside the EEA or UK that are subject to different standards of data protection. Modo Labs employs various physical, electronic, and managerial measures, including education and training of our personnel, that are designed to reasonably protect Personal Information from loss misuse or unauthorized access, disclosure, alteration, or destruction. As such, Modo adheres to the Standard Contractual Clauses that outline the requirements in its contract with Organizations as part of Modo’s attempt to take reasonable steps to secure Personal Information that is transferred internationally.

Modo Labs processes Personal Information for only the limited and specific purposes, for which it was originally collected or authorized by the individual. To the extent necessary for such purposes, we take reasonable steps so that Personal Information is accurate, complete, current, and otherwise reliable with regard to its intended use.

An individual may contact Modo using information found in this Privacy Policy to amend or delete information. The individual will need to provide sufficient identifying information. We may request additional identifying information as a security precaution. In addition, we may limit, or deny, access to Personal Information where providing such access would be unreasonably burdensome or expensive in the circumstances, or where the rights of persons other than the individual would be violated.

8.2. Legal Rights

If You would like further information in relation to Your legal rights under applicable law or would like to exercise any of them, please contact us using the information below.

Your local laws may permit You to request that we:

Provide a copy of certain information we hold about You;
Prevent the processing of Your information for direct-marketing purposes (including any direct marketing processing based on profiling);
Update information which is out of date or incorrect;
Delete certain information which we are holding about You;
Restrict the way that we process and disclose certain information to Third Parties; and
Limit whom we share Your data with if that is outside the of the services we provide, though Modo Labs does not share Personal Information from our Clients outside of sharing for the purpose of providing the Services.

Each marketing communication we send You will contain conspicuous instructions permitting You to “opt-out” of receiving future marketing communications. Note however, that as a user of the Service You cannot opt-out of some administrative communications that are reasonably necessary to use the Service, such as billing or service notifications.

In addition to notices on our marketing communications, if at any time You wish not to receive any future marketing communications, keep Your Personal Information accurate, current, & complete or You wish to have Your name deleted from our mailing lists, please contact us as outlined immediately below or contact our Article 27 Representative listed in Section 8.3.

Modo Labs, Inc.

Attn: Compliance Department

1 Washington Mall #1056

Boston, MA 02108

Email: privacy@modolabs.com

Phone: +1-888-663-6522 (MODOLAB)

We will retain Your Personal Information for as long as Your account is active or as needed to provide You services. We will retain and use Your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will take reasonable steps to update or correct Personal Information in our possession that You have previously submitted via this Site or Services.

If Modo Labs intends on using any Personal Information in any manner that is not consistent with this Privacy Policy, You will be informed of such anticipated use prior to or at the time at which the Personal Information is collected.

8.3. Complaints

If You believe that we have infringed on Your rights, we encourage You to contact us so that we can try to address Your concerns or dispute informally. Our contact is referenced in Section 8.2 of this document.

Below You will find a breakdown between US and International contacts to file Your complaints. Modo Labs is a US based company and as such the US contact information is recommended. Additionally, we are also providing information for International contact to file a complaint.

8.3.1. U.S. Contacts

Individuals may file a complaint with the US Privacy Office in connection with Modo Labs processing of their Personal Information under the Standard Contractual Clauses process. With respect to any dispute relating to this statement that cannot be resolved through our internal processes:

If the dispute involves data collected in the contact of a business relationship, we will cooperate with the competent EEA or UK data protection authorities and comply with advice of such authorities. In the event that we or such authorities determine that we did not comply with this statement, we will take appropriate steps to address any adverse effects and to promote future compliance;
If the dispute involves other types of data, individuals may file a claim with Judicial Arbitration and Mediation Services (JAMS);
An individual may, under certain conditions, invoke binding arbitration. Please see the Data Privacy Frameworkwebsite for more information on conditions giving rise to binding arbitration; and
Personnel who violate our Privacy Policies will be subject to disciplinary action.

8.3.2. International Contacts

Below You will find information for UK representation and EEA representation.

8.3.2.1. UK Representative

VeraSafe has been appointed as Modo Labs’ representative in the UK. If You are located within the UK, VeraSafe can be contacted in addition to or instead of the Compliance Department at Modo Labs, only on matters related to the processing of Personal Information.

To make such an inquiry, please contract VeraSafe using this contact form:

https://verasafe.com/public-resources/contact-data-protection-representative or via telephone at: +44 (20) 4532 2003

Alternatively, VeraSafe can be contacted at:

VeraSafe United Kingdom Ltd.

37 Albert Embankment

London SE1 7TL

United Kingdom

8.3.2.2. European Economic Area Representative

VeraSafe has been appointed as Modo Labs’ representative in the EEA and Switzerland . If You are in the EEA, VeraSafe can be contacted in addition to the Compliance Department at Modo Labs, only on matters related to the processing of Personal Information.

To make such an inquiry, please contact VeraSafe using this contact for: https://verasafe.com/public-resources/contact-data-protection-representative or via telephone at: +420 228 881 031.

Alternatively, VeraSafe can be contacted at:

VeraSafe Czech Republic s.r.o.Rohanské nábřeží 678/23Prague 8, 18600Czech RepublicDatabox ID: eicpabq

VeraSafe Ireland Ltd.
Unit 3D North Point House
North Point Business Park
New Mallow Road
Cork T23AT2P  Ireland

If You do not receive timely acknowledgment of Your complaint, or if Your complaint is not satisfactorily addressed, please visit the VeraSafe website for more information and/or to file a complaint.

As a last resort and under limited circumstances, EEA or Swiss individuals with residual privacy complaints may, at no cost to them, invoke a binding arbitration option before the Data Privacy Framework Panel.

8.3.2.3. Dispute Resolution

Within the scope of this Privacy Policy, if a privacy complaint or dispute cannot be resolved through Modo Labs’ internal process, Modo Labs, has agreed to participate in the VeraSafe Data Privacy Framework Dispute Resolution Procedure. Subject to the terms of the VeraSafe Data Privacy Framework (DPF) Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to You. To file a complaint with VeraSafe under the Data Privacy Framework (DPF) Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://verasafe.com/public-resources/dispute-resolution/submit-dispute/.

9. Changes To This Privacy Policy

If a material change is made to this Privacy Policy and/or the way we use our customers’ Personal Information, we will post a prominent notice on our home page. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate Your agreement with the terms of such revised Privacy Policy.

10. Contact Modo Labs

Please also feel free to contact us if You have any questions about Modo Labs’ Privacy Policy or the information practices of this Site.

You may contact us as follows: