Modumate Privacy Policy

Last Revised on May 31, 2019

Welcome to the Privacy Policy for Modumate, Inc. (“Company,” “we” or “us“). This Privacy Policy describes how we collect, use and disclose information about you (“Information”) related to your use of and access to the website located at www.modumate.com and related subdomains (the “Website”) and any related mobile application (the “App”)_operated by or on behalf of Modumate, Inc. (“Company”, “we” or “us”), together with any software, content, tools, features and functionality offered on or through the Website and the App (collectively, the “Services”). Please read this Privacy Policy carefully. For purposes of this Privacy Policy, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

1. TYPES OF INFORMATION WE COLLECT

When you use the Services, we may collect Information in the following categories:
- “Personal Information,” which means information that identifies you (whether directly or indirectly), such as your name, postal address, email address and telephone number; and
- “Non-Personal Information,” which means information that does not directly or indirectly identify, and cannot reasonably be used to identify, If Non-Personal Information is directly or indirectly associated with Personal Information, this Non-Personal Information is then treated as Personal Information.

Information we may collect about you includes:
- Registration details you provide when you create an account, such as your name, address, email address, telephone number, birthdate, employer, job title, architectural certifications, username and password.
- Information you provide when you access or use the Services and each time you interact with the Services or otherwise with us, for example, when you update Information in your control panel, communicate with us by telephone or email, and order or download This includes your payment Information. We also store Information about the services you purchase through the Services, such as the service specifications, date of purchase, and details relating to any support issue.
- Information you provide in public forums through the Services, including using our review, comment, post or similar functionality.
- Usage, viewing and technical Information, including your IP address or device identifier when you use the Services. If you access your account from a mobile device, that mobile device may also provide us with details of your location. Most mobile devices allow you to disable this functionality.

WE COLLECT YOUR INFORMATION

- We collect Information you provide to us when you: register with us; input Information into the Services; create user generated content; request products, services or information from us; participate in public forums or other activities through the Services; respond to customer surveys; or otherwise interact with us or the

- We collect Information through unique identifiers (such as IP address or your mobile device advertising identifier).

- We use “cookies” and other technologies to collect data that enable us to better understand and improve the usability, performance and effectiveness of our Cookies are files sent to your browser and stored on your computer. We use cookies to gather general Information about your use of the Services, the files you have designated for backup, the configuration of your computer and your computer’s interaction with the Services, and stores this Information in log files. We use this Information to understand traffic on and downloads from our Services, enabling us to improve the Services, provide the best online experience possible, and improve our customer service. We use the following types of cookies on our site:
• Strictly necessary cookies – These cookies are essential in order to enable you to navigate and use our Services. Without these cookies, certain Services you have asked for cannot be provided.
• Performance cookies – These cookies collect Information about how you use the Services. These cookies don’t collect Personal Information and are only used to improve how the Services work.
• Functionality cookies – These cookies allow the Services to remember choices you make, such as your preferences, to provide enhanced, more personal features.
• Other Technologies – We may also use other Internet technologies, such as web beacons or pixel tags and other similar technologies, to deliver or communicate with cookies and analyze your use of the Services. We or our service providers also may include web beacons in e-mail messages so that we know when you have opened an email message received from the Company.

- You may disable cookies by changing the settings on your browser, phone and/or device. Check your browser or device’s help or support menu for further information. Remember that if you disable cookies it is likely to affect how the Services work and you may not be able to access or use certain features of the Services. Unless you have adjusted your setting so that it will refuse cookies, our Services will place cookies when you log on to the Services.

- We use third parties’ analytic and tracking tools to better understand who is using the Service, how people are using the Service and how to improve the effectiveness of the Service and its content, and to help those parties serve more targeted advertising to you across the Internet or help us serve more targeted advertising to you. Those third party companies may use cookies, pixel tags or other technologies to collect and store Non-Personal Information such as time of visit, pages visited, time spent on each page of the Service, device identifiers, type of operating system used and other website(s) you may have visited. They might combine Information they collect from your interaction with Service with Personal Information they collect from other sources. We do not have access to, nor control over, third parties’ use of cookies or other tracking technologies.

Online Tracking
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. The Company and the Services do not recognize DNT.

3. USE OF YOUR INFORMATION BY THE COMPANY

The ways in which we may use your Information include the following:
- To provide you with the Services and other products and services you request.
- To administer your Modumate
- To communicate with you about your account or transactions with us and send you details or updates about features of the Services or changes to our policies.
- To process payments.
- To create anonymized and aggregated data sets that may be used for a variety of functions, including research, internal analysis, analytics, and other functions.
- To ensure consistency with local law and choices and controls that may be available to you.
- To personalize content and experiences.To detect, investigate and prevent activities that may violate our policies or be illegal.
- To optimize or improve the content, products, services, and features of the Services.
- To personalize and improve the Services and user experiences, to increase the functionality and user friendliness of the Services, to deliver content or features that match user profiles or interests.
- To monitor and analyze the Services usage and trends and otherwise measure the effectiveness of the services.
- To send you offers and promotions for our other products and services.

4. SHARING YOUR INFORMATION WITH OTHER COMPANIES

We will not share your Personal Information outside the Company except in the following limited circumstances which you consent to:
- When you allow us to share your Personal Information with a third party, such as directing us to share your Personal Information with third-party sites or platforms, or when you post personal Information on areas of the Service that are viewable by the public or certain third parties.
- When we contract or partner with a third party to provide services on our behalf, which we do for Services development and maintenance, payment processing and certain notifications and analytics. We require all third parties to process your data in accordance with this Privacy Policy and as permitted by applicable data protection laws.
- Additionally, we may allow some vendors to market products and services through our Service and may provide them only with Non-Personal Information and anonymized information to do so.
- In connection with the sale of a business (including merger, acquisition, or sale of all or a material portion of its assets, change in corporate control, or insolvency or bankruptcy proceedings).
- To enforce our Terms of Service or rules, to ensure the safety and security of our users and third parties, to protect our rights and property and the rights and property of our users and third parties, to comply with legal process, including judicial warrant, rule, order or subpoena or requests from law enforcement, or in other cases if we believe in good faith that disclosure is required by law or regulation.

In addition, we may share Non-Personal Information and anonymized and aggregated data sets with third parties, alone or in combination with the Non-Personal Information of other users.

5. PUBLIC VENUES AND SEMI-PUBLIC VENUES OF THE SERVICES.

If you use a message board, comment function, conversation pages, blogs, social community environments, profile pages, or other public or semi-public venue or forums of the Services, you will be identified on those venues by the username you submit

6. YOUR CONTROLS AND CHOICES

We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your Information. Your controls and choices may include:You may correct, update and delete your registration account.You may change your choices for newsletters and alerts.You may choose whether to receive from us offers and promotions for our products and services.You may request access to the Personal Information we hold about you and that we amend or delete it.You may exercise your controls and choices, or request access to your Personal Information, by modifying your profile or by contacting us at support@modumate.com or following instructions provided in communications sent to you. Please be aware that, if you do not allow us to collect Personal Information from you, we may not be able to deliver certain products and services to you, and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific Personal Information about you that we process or retain, please contact us at support@modumate.com.

7. THIRD PARTY WEBSITES AND LINKS

Our Services may contain links to other online platforms operated by third parties. We do not control such other online platforms and are not responsible for their content, their privacy policies, or their use of your Personal Information. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Services. Please keep in mind that Information you post on public or semi-public venues may also be viewable by other users of the Services and/or users of those third-party online platforms without limitation as to its use by us or by a third party. When you provide Information to a third-party online platform, the Information you provide may be separately collected by that third-party. The Information the third-party online platform collects is subject to the third-party online platform’s privacy practices. Privacy choices you make on the third-party online platform will not apply to our use of the Information we collect directly through our Services. We expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.

8. CHILDREN’S PRIVACY

We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under 13 years of age, we will make commercially reasonable efforts to delete such information from our database. If you are the parent or guardian of a child under 13 years of age who has provided us with Personal Information, you may contact us to request it be deleted.

SECURITY, INTEGRITY AND RETENTION

- Please note that Information you send to us electronically may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential Information to us. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required, or for the establishment, exercise or defense of legal claims, or for legitimate businesses purposes, or as provided by law.
- To provide secure credit card processing when ordering from us, orders placed through our Services are processed through a payment gateway which operates under its own privacy policy. . To learn more about our policies with respect to third parties, please see Section 7. To learn more about our credit card processing vendors and their respective privacy and other policies which apply when you make a payment through their services, please review the terms of those third parties’ privacy policies.

10. UPDATING THIS PRIVACY POLICY

We may modify this Privacy Policy from time to time in which case we will update the “Last Revised” date at the top of this Privacy Policy. If we make changes that are material, we will use reasonable efforts to attempt to provide notice to you and, where required by applicable law, we will obtain your consent. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on the Services, or by other means, consistent with applicable law. However, it is your sole responsibility to review the Privacy Policy from time to time to view any such changes. The updated Privacy Policy will be effective as of the time of posting, or such later date as may be specified in the updated Privacy Policy. If you do not accept and agree to this Privacy Policy, including any changes, then you must not access or use the Services.

11. YOUR CALIFORNIA PRIVACY RIGHTS

This Privacy Policy describes how we may share your Information for marketing purposes. It applies to all users of the Services, including California residents. If you are a user of this service and a California resident under the age of 18, you may request to have your posted content or Information removed from the publicly-viewable portion of this web site by emailing your request to support@modumate.com or contacting us directly. Content or Information may not be removed from our systems or databases. In certain situations, content or Information cannot be removed. As a California resident, you may contact us with any questions or to request a list of third parties to whom we may disclose Information for such third parties’ marketing purposes and the categories of Information we may disclose. See How to Contact Us below.

12. HOW TO CONTACT US

Any questions or concerns regarding the use or disclosure of Personal Information should be directed to the Company at support@modumate.com.   You may contact us regarding the Services or this Privacy Policy at: 600 California Street, 11th Floor, San Francisco, California 94108, by phone at 415-858-7110 or by e-mail at support@modumate.com.

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