Modo Privacy Policy

Effective Date: 6/1/20

This Privacy Notice (this “Notice”) describes the type of information that Modo Inc. (“Modo,” “we,” “us,” or “our”) collects through your use of our website, www.modocarts.com, and the corresponding online services made available in connection therewith (the “Site”). This Notice does not apply to information collected about you through any other means, including information collected by third parties or through non-electronic or offline means.

This Notice covers:

What Personal Information is collected by Modo through the Site.

How Modo uses this information.

With whom Modo may share Personal Information.

What choices are available to you with respect to the collection, use and sharing of this information.

What types of security procedures are in place to protect against the loss or misuse of this information.

By accessing or using the Site, or by clicking the “accept” button when you register to use the Site, you consent to our use of your Personal Information as described in this Notice. “Personal Information ” for purposes of this Notice is the information that identifies you as an individual or relates to an identifiable person.  This Notice is part of, and is governed by, Modo’s Terms & Conditions (“Terms”).

A. Information We Collect

We collect information from you in two ways. First, you provide us with certain information when you register for and use the Site. Second, we collect certain information automatically as you use the Site.

Information You Provide to Us

We may collect Personal Information from you when you when you register as a user, provide comments and suggestions, sign up for newsletters, post on user forums, order products and services, submit content, or send us feedback.  If you do not want us to collect this information, please do not provide it. We directly collect the following types of information that you provide to us:

Identifying information. We may collect Personal Information, including your name, email address, phone number, and mailing address.

User generated content. When you provide comments or feedback or make submissions using the Site, we may collect that content and associate it with you.

Customer service interactions. To ensure the quality of your interactions with our customer service representatives, we may monitor and record phone calls or other communications between you and our representatives.

Information We Automatically Collect from You When You Use the Site

We (or service providers on our behalf) may use technologies, including “cookies” and “web beacons,” to automatically collect information from you when you use the Site. Cookies are small amounts of data that are stored within your Internet browser, which saves and recognizes your browsing habits. We use both session cookies (which track a user’s progression during one site visit) and persistent cookies (which track a user over time).  Web beacons are web page elements that can recognize certain types of information on your computer or mobile device, such as the time and date you viewed a page, which emails are opened, which links are clicked, and similar information.

Information that may be collected by cookies and web beacons when you use the Site may include, without limitation:

web pages you visit; date and time of your visit to or use of the Site; usage and activity data related to the Site; browser type; Internet Protocol (IP) address used to connect your computer or mobile device to the Internet; your computer or mobile device and connection information, such as your browser type and version, operating system, and platform; and your device identifier.

We use cookies to help us provide you with a more personalized experience and to improve the Site and/or our products or services.

Most Internet browsers allow you to block or delete cookies and other similar technologies from your browser. If you do not agree to the use of cookies or similar technologies, please disable or delete them by following the instructions for your browser set out at the following link, http://www.allaboutcookies.org/, or use automated disabling tools where available.  However, if you reject or disable cookies, you may still use the Site, but your ability to use some features of the Site may be limited.

B. “Do Not Track” Requests

Your Internet browser and mobile device may allow you to adjust your browser settings so that “do not track” requests are sent to the websites you visit. IF YOU DO NOT WANT US TO AUTOMATICALLY COLLECT INFORMATION FROM YOU WHEN YOU USE THE SITE, EITHER NOW OR FOR FUTURE BROWSING SESSIONS, REFRAIN FROM USING THE SITE. WE DO NOT CURRENTLY RESPOND TO DO NOT TRACK (“DNT”) SIGNALS.

C.  How We Use the Information We Collect

We may use information collected from or about you for any of the following purposes:

developing, providing and improving Modo’s products and the Site; assisting with the provision of services and fulfillment of product orders; managing and verifying your account and the identity of users of the Site; contacting you when necessary about your account or your use of the Site; sending you information and promotional materials about our products and the Site, as well as our company in general; responding to support requests; complying with regulatory requirements for the maintenance of records; conducting internal reviews of the Site to help us better understand visitors’ and customers’ uses of the Site; protecting the security and integrity of the Site; complying with court orders and legal process, and to enforce our Terms and this Notice; and any other legal, business or marketing purposes that are not inconsistent with the terms of this Notice.

Modo also uses your Personal Information for interest-based and retargeting advertising. Interest-based advertising involves the collection of data across different web domains so we can deliver ads that are tailored to your interests. Our retargeting practices allow Modo to show you products we think you would be interested in based on your activity on the Site. You can read more about this type of data-driven marketing on the Network Advertising Initiative website, http://www.networkadvertising.org. 

We may combine information we collect about you through the Site with other information about you that we receive from third-party sources. By way of example and not limitation, we may use a change of address or other list service to ensure that our records for your account are accurate.

D.  How We Share Your Information with Third Parties.

We may share the Personal Information we collect in connection with the Site with third parties, as described below:

Third Parties Who Provide Products, Services or Information Through the Site

We may share your Personal Information with third parties who provide third party products or services or information through the Site.  Such third parties may use the information to fulfill product or service orders, develop and improve their products or services, and contact you about product or service orders, future products or services, or their company in general.

Service Providers

We may share your Personal Information with our third party distributors, vendors, suppliers and other service providers who provide services to us or on our behalf, such as operating and supporting the Site, website developers, hosting service providers, auditors, performing marketing or consulting services, and assisting us with the preparation and mailing of our business and marketing communications and with processing and fulfillment functions.

Third-Party Analytics Providers

We may share Personal Information with our advertising and analytics partners, such as Google Analytics. The privacy policy of these third party companies applies to their collection, use and disclosure of your information. These third parties may combine your information with the information of other consumers for purposes of conducting these studies and/or analytics. For more information about Google Analytics, including how to opt out, please go to: https://tools.google.com/dlpage/gaoptout.

Our Affiliates

We may share some or all your information with our subsidiaries and corporate affiliates, joint venturers, or other companies that are or may become under common control with us. We will require these entities to comply with the terms of this Notice regarding their use of your information.

Transfer or Assignment in Connection with Business Transfers or Bankruptcy

In the event of a merger, acquisition, reorganization, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your Personal Information and other information we have collected from users of the Site to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred user information will be subject to this Notice. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

Response to Subpoenas or Court Orders, or Protection of Our Rights

We may disclose your information to government authorities or third parties if:

you have given us permission to share your information; we are required to do so by law, or in response to a subpoena or court order; we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, or to protect our property or other rights, or those of third parties, or the public at large; or we believe that you have abused the Site by using the Site to attack or gain unauthorized access to a system or to engage in spamming or other conduct that violates applicable laws.

Aggregate Information

We may share aggregated or de-identified information without restriction. While this information will not identify you personally, in some instances third parties may be able to combine this aggregate information with other data they have about you, or that they receive from other third parties, in a manner that allows them to identify you personally.

E.  Your Choices

We provide the opportunity to opt out of receiving communications from us and our partners at the point where we request information about you. In addition, you may unsubscribe or opt out of receiving communications from us by clicking the unsubscribe link on any email marketing communication you receive.

You may also opt-out of our automatically collecting information from you, as described above.

F. How We Protect Your Information

We have implemented commercially reasonable measures designed to secure your Personal Information from unauthorized access, use, alteration and disclosure. However, the transmission of information via the Internet is not completely secure. You acknowledge that: (a) the limitations of the Internet are beyond our control; (b) the security, integrity and privacy of information and data exchanged between you and us cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Modo has no responsibility or liability for the security of information transmitted via the Internet.

G.  California’s Shine the Light Law

California Civil Code Section 1798.83, known as the “Shine The Light” law, permits any users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.

H.  European Union Privacy

If the processing of your Personal Information is subject to the General Data Protection Regulation 2016/679 (“GDPR”), we have additional obligations and you have additional rights under the GDPR.  These rights and obligations are as follows:

We will process your Personal Information to support our provision of the Site.  The lawful bases for processing your Personal Information may include: 

When you have given consent to our processing; When processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract; When processing is necessary to protect our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights; When processing is necessary for compliance with a legal obligation to which we are subject; and When processing is necessary to protect the vital interests of the data subject or of another natural person.

You have many rights with respect to our processing of your Personal Information.  Depending upon the lawful basis of processing, you may have the right to withdraw consent or object to our processing of your Personal Information.  You may further have the right to be informed about your Personal Information and how it is being processed, to access, correct and erase your Personal Information, to restrict further processing, and to obtain and reuse your Personal Information for your own purposes.  You also have the right to lodge a complaint with the relevant European Union supervisory authority.

If we transfer your Personal Information to a recipient in a country outside the European Economic Area, we will do so in compliance with applicable laws with respect to such transfer.

I.  Correcting/Updating Your Information

You may have the right to access the Personal Information we collect about you. You may also have the right to correct any errors contained in that information. For details, please email us at: privacy@Modo.com. 

J.  No Use by Children

The Site is not intended for users younger than 13. We do not knowingly collect contact information from children under the age of 13 without verifiable parental consent. If we become aware that a visitor under the age of 13 has submitted Personal Information without verifiable parental consent, we will remove his or her information from our files.

K.  Use of Information Outside Your Country of Residence

The Site is directed to users located in the United States. If you are located outside of the United States and choose to use the Site or provide your information to us, you should be aware that we may transfer your information to the United States and process it there. The privacy laws in the United States may not be as protective as those in your jurisdiction. Your consent to this Notice followed by your submission of information to us through or in connection with the Site represents your agreement to the transfer of your information to the United States.

L.  Changes to This Privacy Notice

We may change this Notice from time to time. If we decide to make a material change in this Notice, we will post it on this page. Your continued use of the Site after the posting of changes to this Notice will mean you accept these changes. In some cases, we may attempt to contact you through an email or other address you have provided, so we can give you choices about our using your information in a manner different from that stated at the time of collection. If we make any material changes in our privacy practices that affect your Personal Information that is already in our possession, we will apply those changes to that older information only with your consent or as otherwise allowed by law.

M.  Contact Us

If you have any questions about this Notice or our use of the information we collect from you in connection with the Site, email us at privacy@Modo.com.