Privacy Policy

Modo Labs Privacy Policy

Table of Contents

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1. Overview

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 and its mobile application management services for businesses (such businesses, our and its mobile application management services for businesses (such businesses, our “Client(s)”, (such services, together with the Site, the “Service(s)”) to our users (“You”, “Your”). 

This Privacy Policy sets forth Modo Labs’ policy with respect to information, including personally identifiable data (“Personal Data”), and other information that is collected from Site visitors, information we gather in person, and users of the Services. 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 as set forth in this Privacy Policy.

1.1 This Privacy Statement Will Inform You

This Privacy Statement Will Inform you of the following:

• What personal information we gather about you when you are browsing our Site or using our Services;
• How we use and with whom we share the personal information we gather;
• Your ability to opt-out of future notification; and
• What security procedures we have in place to protect your personal information from loss, misuse, or alteration.

Use of Modolabs.com constitutes your consent to the terms of our Privacy Statement. Whenever you submit information via our Sites, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Statement.

Please note that our Site and Services contain various links to other unaffiliated third-party websites. Modo Labs is not responsible for the privacy practices, privacy statements, or content contained in or regarding these other unaffiliated third-party websites that do not include this Privacy Statement.

2. Personal Information

Whenever Modo Labs Collects Personal Data, we make an effort to provide a link to this Privacy Policy. 

When an individual provides us with their Personal Data it is done so voluntarily with their consent. Furthermore, the individual understands that use of their Personal Data is in accordance with this Privacy Policy and our legitimate interest in operating a business.

Modo Labs will only collect data that is necessary to fulfill our interest and we will only keep your Personal Data for a reasonable period of time to allow us to exercise our legitimate interest. If you provide Personal Data, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and 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.

There are a few ways in which you may explicitly and intentionally provide us with and consent to our collection of certain personal information:

2.1 Use of Data Collected

We use the aforementioned information collected to:

• Respond to customer service requests;
• Administer your account;

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

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

2.2 Personal Data That Modo Process Through The Service (Modo is the Data Processor)

We collect the following kinds of personal information from our Clients:

• Contact information such as Name, Email Address, etc.;
• Application registration information such as phone number; and
• Unique identifiers such as, username, account number or name, password.

2.3 Personal Data That You Provide Through The Site or In-Person (Modo as Data Controller)

We collect the following kinds of personal information from our Clients:

• Business Card contact information, such as:
  • Name;
  • Professional email address;
  • Business phone number;
  • Title; and
  • Name of your organization.
• IP Address associated with your device.

2.4 Overall Use of The Site

We use the aforementioned information collected to:

• To confirm/fulfill your request;
• To respond to customer service requests, your comments, or suggestions; and
• For direct marketing.

When you use our Site, we reserve the right to collect information about how the Site is being used in order to improve the performance of our Site and make our Site more useful to individuals. The information we collect during this activity is used to improve the performance of our Site, unless otherwise identified in this Privacy Statement. 

2.5 Request For Information or Registration For Webinars or Other In-Person Events

We may include links throughout our Site to provide you with the opportunity to contact us via email to ask questions, request information and materials, register or sign up for webinars or events, or provide comments and suggestions. We collect the contact information you provide in order to respond to your requests. You may also be offered the opportunity to have one of our representatives contact you personally to provide additional information about our products or services. We may request additional personal information from you, such as your name and telephone number, to help us satisfy your request. We also use this information for direct marketing. 

2.6 Non-Identifiable or Aggregated Data

When you interact with Modo Labs through the Site or Services, in addition to other information we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you.

Modo Labs may store such information itself or such information may be included in databases owned and maintained by Modo Labs affiliates, agents, or service providers. We may use such information and pool it with other information to track. In example:

• The total number of visitors to our Site;
• The number of visitors to each page of our Site;
• The domain names of our visitors’ internet service providers; and
• How our users use and interact with the services.

In an ongoing effort to better understand and serve the users of the Services, Modo Labs often conducts research on its customer demographics, interest and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. Modo Labs may share this non-identifiable and aggregate data with the business you work for and our affiliates, agents, and business partners, this data does not identify you personally. 

Modo Labs may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.

3. Use of Cookies, Other Tracking Technologies, and Gathering Of Statistical Data

We use “Cookies” and other statistical and tracking technologies as described in this Section in connect 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 Covered Sites.

3.1 ePrivacy Directive and General Data Protection Regulation (GDPR) – Cookie Law

As required by ePrivacy Directive in conjunction with GDPR regulations we adhere to the regulations as pertained and identified as the “Cookie Law” Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002. 

Modo provides the following information to the individual user in regard to the Cookies that are being used and the option to opt-out of any nonessential business required Cookies prior to the individual data being stored or obtained:

• Type;
• Usage; and
• Purpose.

As prescribed by the Directive, Modo Labs obtains voluntary informed consent before storing or accessing information on user’s devices. Moreover, Modo Labs maintains a Record of Consent which includes the following information:

• Who provided the consent;
• When and how consent was acquired from the individual user;
• The consent collection form they were presented with at the time of the collection; and
• In which conditions and legal documents were applicable at the time that consent was acquired.

Modo takes reasonable steps to ensure that any third-party vendor associated with the use of the website or application is adhering to the Cookie Law requirements and as such will provide pertinent information to the individual user so that a voluntary and informed consent may be obtained.

You may update your cookie settings using our consent manager: Manage consent.

3.2 We Use These Technologies in Four Ways

Below please find the Four way in which we use the data collected through Cookies when individual users voluntarily consent to providing their information:

3.2.1 To Provide a Product or Service

A cookie may be used to provide you with a specific product or service. For Instance, if you request a Site to remember your login password or remember your profile in a response to a blog post, the site will deposit a Cookie on your computer to facilitate that product or service. The information contained in these Cookies consists of random data that is used by our server to authenticate the browser requests to the server for that particular session. These cookies do not include any type of personal information. This bit of information is erased when you close your current browser.

If you choose not to accept a temporary cookie, you will not be able to navigate in these online applications. We also use a Cookie when you visit our Site and request documentation or a response from us. When you are filling out a form, you may be given the option of having our Site to deliver a Cookie to your local hard drive. You might choose to receive this type of Cookie in order to save time in filling out forms and/or revisiting our site.

3.2.2 To Facilitate Website Use

If a cookie is used, our Site will be able to remember information about your preferences and movement either until you exit your current browser window (if the cookie is temporary) or until you disable or delete the Cookie. Many users prefer to use Cookies in order to help them navigate a website as seamlessly as possible. The information contained in these temporary Cookies is a direction value that lets our software determine which page to display when you hit the back button in your browser. This bit of information is erased when you close your current browser.

Our Site includes “Widgets” such as the “share this” feature or other interactive mini programs that run on our Site. These Widgets features may collect your IP address and which page you are visiting on our Site and may set a Cookie to enable the Widget feature to function properly. Social media features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with such features are governed by the Privacy Policy of the Company providing it.

3.2.3 To Understand Our Visitors

When you visit our Site, our systems may automatically collect statistics in aggregate about visitor behavior. We may monitor statistics and other data such as how many people visit our Site, the user’s IP address, which pages people visit, how users interact with page content and functionality, from which domains our visitors come, which browsers people use and how they move about our Site. We use this data about your visit for aggregation purposes only. These statistics are used to help us to understand our visitors’ interests and improve the content and performance of our Site. We use this information for statistical and marketing purposes.

We also use a cookie when we track traffic patterns on our Site. Analysis of the collected information by our tracking technologies allows us to improve our Site and the user experience. If you choose not to accept a persistent Cookie, you will still be able to use our Site. Even if you choose to receive this type of Cookie, you can always set your browser to notify you when you receive any Cookie, giving you the chance to decide whether to accept it in each situation in which one is sent. We may supplement this unidentified user data with other data to better understand our users. For instance, we may relate a user’s IP address to the company to which it relates to better understand our visitors’ interests.

3.2.4 To Advertise

Modo Labs is committed to protecting and respecting your privacy, and we’ll only use your personal information to administer your account and to provide the products and services you requested from us. From time to time, we would like to contact you about our products and services, as well as other content that may be of interest to you. You can unsubscribe from these communications at any time. By submitting a Demo Request, you consent to allow Modo Labs to store and process the personal information submitted above to provide you the content requested.

We may tailor our advertisements to certain users based on the user data and related information. You can opt-out of this tracking by accessing our Manage consent. You will need to invoke these opt-out procedures on each computer you use. 

All major internet browsers allow you to control Cookies. You can more about adjusting the browser controls at the following website: http://www.aboutcookies.org.

*Please Note: Modo does not control this website and is not responsible for its content. The link to this website is provided here for informational purposes only.

4. How We Use and With Whom We Share The Personal Information We Gather

Modo Labs uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. Furthermore, if you provide personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. 

Modo Labs and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the Service to help us improve the content and functionality of the Service, to better understand our users and to improve the Services. Modo Labs may use this information to communicate with you regarding the Services or to tell you about services we believe will be of interest to you.

4.1 Our Disclosure Of Your Personal Data and Other Information

Modo Labs is not in the business of selling your information. We consider this information to be vital part of our relationship with you. We will share your Personal Data with third parties only in the ways that are described in this Privacy Policy. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below.

4.2 Business Transfers

As we develop our business, we might sell or buy business or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets. If Modo Labs is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Data, as well as any choices you may have regarding your personal information.

4.3 Related Companies

We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Modo Labs, like many businesses, sometimes hires other companies to perform certain business-related functions. Such functions includes but is not limited to, an email service provider that sends out mailing information on our behalf and a hosting provider for maintaining our databased.

When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. In all cases, we review privacy and security documentation to provide reasonable assurance that entities have appropriate privacy programs. Modo Labs will always have a contract in place with any service provider to further provide assurance of privacy controls, including non-disclosure.

Upon notice, Modo Labs will take reasonable and appropriate steps to stop and/or remediate unauthorized or unlawful processing.

4.5 Lawful Requests/Legal Requirements

Modo Labs may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements; (ii) protect and defend the rights or property of Modo Labs; (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public; or (iv) protect against legal liability.

4.6 You Choices

You can use the Site without providing any Personal Data. This will require you to turn off cookies in your browser. In addition, if you choose not to provide any Personal Data, you may not be able to use certain Services, access certain resources, or register for webinars and other events.

4.7. Exclusions

This Privacy Policy does not apply to any Personal Data collected by Modo Labs other than personal Data collected through the Site, in-person, or Services. This Privacy Policy shall not apply to any unsolicited information you provide to Modo Labs through this 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 shall 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.

Modo Labs does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on this Site without their permission.

4.8. Public Areas

Our Site may offer publicly accessible blogs 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 removal of your personal information from our blog or community forum, contact us at info@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.

5. Information For Customers In Designated Countries

Section 5 only applies to individuals located in the European Union (EU) or Switzerland and overseas countries. It applies to Modo Labs’ role as both Data Processor for our customers and Data Controller for Direct Marketing.

5.1. Standard Contractual Clauses (SCC) – International Data Transfers (Privacy Shield)

As a result of the landmark judgment in the Schrems II case C-311/18, on July 16, 2020, the Court of Justice of the European Union (“CJEU”) has concluded that the Standard Contractual Clauses (“SCCs”) issued by the European Commission for the transfer of Personal Data to Data Processors established outside of the EU as valid. While at the same time invalidated the U.S. Privacy Shield Framework. This judgment affects only EU-US data transfers, the Privacy Shield Framework is still valid within the European Economic Area.

Modo Labs employ various physical, electronic, and managerial measures, including education and training of our personnel, that are designed to reasonably protect Personal Data 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 Data that is transferred internationally.

Modo Labs process Personal Data 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 Data 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 where it is inaccurate or has been processed in violation of the Principles. 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 Data 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. 

5.2. Legal Rights

With new Global, Regional and Local Privacy laws coming into effect, it is important for Modo Labs to make sure our Clients understand that they have the power to limit whom Modo Labs send their personal information to if the purpose for sending that data is outside the service requested by that customer.

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 at any time. 

Your local laws may permit you to request that we:

• Provide a copy of certain information we hold about you;
• Precent 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 Data from our Clients outside of sharing for the purpose of providing 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 user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to 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 Data accurate, current, & complete or you wish to have your name deleted from our mailing lists, please contact us as outlined immediately below Section 8 or contact our Article 27 European Representative.

Modo Labs, Inc.

Attn: Compliance Department

100 Cambridgepark Dr. Ste 200

Cambridge, MA 02140

Email: Info@modolabs.com

Phone: 1-888-663-6522 (Modo Lab)

We will respond to any request within forty-five (45) business days.

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

If Modo Labs intends on using any Personal Data 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 Data is collected.

5.3. 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 5.2 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.

Modo commits to cooperate with Data Protection Authority(ies) (DPA) and the Department of Commerce. If an individual submits a complaint to a DPA in the EU, the Department of Commerce has committed to receive, review, and undertake best efforts to facilitate resolution of the complaint and to respond to the DPA within 90 days.

5.3.1. U.S. Contacts

Individuals may file a complaint with the US Privacy Office in connection with Modo Labs processing of their Personal Data 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 EU or Swiss 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 Privacy Shield website for more information on conditions giving rise to binding arbitration; and
• Personnel who violate our Privacy Policies will be subject to disciplinary action.

5.3.2. International Contacts

For International Contacts there are two regions for which you will have representation. As such below you will find information for United Kingdom (UK) representation and European Union Economic Area (EEA) representation. Depending on your location please use the appropriate contract information for your needs.

5.3.2.1. UK Representative

VeraSafe has been appointed as Modo Labs’ representative in the United Kingdom for data protection matters, pursuant to Article 27 of the United Kingdom General Data Protection Regulation. If you are located within the United Kingdom, 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 data.

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

5.3.2.2. European Economic Area Representative

VeraSafe has been appointed as Modo Labs’ representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. If you are in the European Economic Area, VeraSafe can be contacted in addition to the Compliance Department at Modo Labs, only on matters related to the processing of Personal Data.

To make such an inquiry, please contact VeraSafe using this contact for: https://verasafe.com/pulic-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 Klimentská 46  Prague 1, 11002  Czech Republic

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, EU or Swiss individuals with residual privacy complaints may, at no cost to them, invoke a binding arbitration option before the Privacy Shield Panel.

5.3.2.3. 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 Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://verasafe.com/public-resources/dispute-resolution/submit-dispute/.

6. Our Security Procedures

Modo Labs takes reasonable steps to protect the Personal Data provide via the Site and Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. The security of your Personal Data 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 secure socket layer technology (SSL).

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 Info@modolabs.com.

7. Changes To This Privacy Statement

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

8. 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:

Modo Labs, Inc.

Attn: Compliance Department

100 Cambridgepark Dr. Ste 200

Cambridge, MA 02140

Email: Info@modolabs.com

Phone: 1-888-663-6522 (Modo Lab)

9. Review and Update On April 6, 2022

The Compliance Department shall review the Privacy Policy at a minimum annually. While regulations, laws, and judgments change sporadically, the Compliance Department will take all appropriate steps to ensure that when there is such a change that the Privacy Policy is reviewed and updated pursuant to the changes subject to the regulations, laws, and judgments.

Copyright 2022 Modo, Inc. PROPRIETARY and CONFIDENTIAL •
100 Cambridgepark Dr., Suite 200 • Cambridge, MA 02140 • +1-888-663-6522 (MODOLAB)
www.modolabs.com • @modolabs