Modio LLC (“Modio”) Privacy Policy
By browsing, accessing Modio Services (as defined in the Modio Terms and Conditions (“TAC”) located at https://modio.tv/terms, or such other location as we may designate, or registering with Modio Services, you agree to be bound by the terms of this Modio Privacy Policy (“Privacy Policy”). In this Privacy Policy Modio is also referred to herein as “we,” “us,” “our” or “ourselves”). Any capitalized terms not defined in this Privacy Policy are defined in the TAC.
This Privacy Policy describes how we collect, use and share (if any) personally identifiable information (“PII”) you provide and/or is gathered about you by Modio in connection with your use of Modio Services, which PII includes (i) your name, address, e-mail address, credit card information, date of birth and/or telephone number, (ii) any other information you may submit in connection with Modio Services, which, when combined with other information, may identify you, and/or (iii) any information defined as PII under applicable law. This Privacy Policy also sets forth have we use your Content and Your Other Parties Content.
Collection, Retention, and Use of Information / Content
When you use Modio Services, we may collect and store (a) information about you (including without limitation, PII) and/or (b) your and/or Your Other Parties’ Content. We use the information and such Content to (i) fulfill your requests, (ii) provide Modio Services’s functionality, (iii) improve Modio Services’s quality, (iv) personalize your experience, (iv) track usage of Modio Services, (v) display relevant advertising, (vi) provide customer support, (vii) message you or Your Other Parties, (viii) back up our systems, (ix) share information with our affiliates or others in connection with the provision of Modio Services, (x) share information with third party service providers or partners who help us operate our business or provide services on our behalf, and (xv) for the other purposes set forth in this Privacy Policy.
You may from time to time update your PII associated with your registration, however, such information previously submitted by you to us may be retained by us for technical, legal or other reasons.
To facilitate the display of targeted or other advertising, we may share identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as an email address). You may be able to limit our sharing of some of this information through your mobile device settings.
In addition, we may use your PII or non-PII to set-up your account. If you believe that someone has created an unauthorized account depicting you or your likeness, you can request its removal at info@modio.tv.
Furthermore, you can invite your friends and/or colleagues to join Modio Services by providing us with their contact information, or by allowing us to access your contacts from your computer, mobile device, or third party sites, to select which friends or colleagues you want to invite. If you allow us to access your contacts, we may transmit that information to us to process your invitations.
When using Modio Services you are opting to receive messages/postings/text from Your Other Parties and us. We may track your actions in response to the messages/postings/text you receive from us or through Modio Services, such as whether you deleted, opened, or forwarded such messages/postings/text. If you exchange messages/postings/text with others through Modio Services, we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to the operation and use of Modio Services. In our sole discretion, we may not deliver messages/postings/text that we believe are objectionable. If you send or receive messages through Modio Services via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients a fee for texts that they receive.
We may also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. We may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business.
In addition, we may store information about your use of Modio Services, such as, without limitation, the pages you view.
We also may store information that your computer or mobile device provides to us in connection with your use of Modio Services, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs. In addition to other items, these could tell us the pages you visit, the features you use, dates and times, if you navigated from or navigate to another website, the address of that website; and information regarding your internet service provider. Once you log into Modio Services on your device, we may recognize your device to provide you with a personalized experience, independent of your device settings. You may be able to disallow our use of certain location data through your device or browser settings, for example by disabling “Location Services” for the Modio application in iOS privacy settings.
We may also use “cookies” and/or “web beacons” to track and analyze your use of the Web Site. “Cookies” are small data files with a unique identifier that we transfer to your computer’s hard drive or web browser and which collect and store data about your visit to the Web Site, which allows identification when you return to Modio Services. It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect the functionality of Modio Services for you. The method for disabling Cookies may vary by device and browser, but can usually be found in preferences or security settings.
“Web beacons” are small graphic files with unique identifiers contained in our web site or application that we use to track web site or application usage and traffic. In each case, we may combine such information collected with your PII in our data collection.
In addition, we may collect information about your activities on Modio Services through the use of clear GIFs, local shared objects, Flash cookies, or through other identifiers or technologies, including similar technologies as they may evolve over time.
You may use social networks or other online services to access Modio Services. When you do so, information from those services may be made available to us. By associating a social network account with Modio Services, you agree that we may access and retain that information in accordance with the policies of the social network or other online service and this Privacy Policy. For example, we may be able to access account or profile information that you have provided to the social network or information about your interactions with the social network to make information available to us (such as when commenting on a blog post or using a sign-on service, such as Facebook Connect).
Your personal information may be transferred to countries other than your own to process and store data in accordance with our Privacy Policy and to provide you with products and services. Some of these countries may not have the same data protection safeguards as the country where you reside. By using our products and services, you consent to us transferring your data to these countries. We are committed to ensuring your information is protected and apply safeguards in accordance with applicable law.
Additional Uses and Sharing of PII
We also reserve the right to send you certain communications relating to Modio Services, such as service announcements, administrative messages and any newsletters, without offering you the opportunity to opt out of receiving them.
Except as described below, or as otherwise described in this Privacy Policy, we do not share your PII with any third party, except in aggregate, non-personally identifiable form. This prohibition is specifically excluded from any collection and/or use of your PII from or by any third parties, such as third party web sites, for or to which a link is provided as part of Modio Services, (for which you specifically consent to the provision of your PII), or any PII that you elect to display or make accessible to third parties via the privacy settings on your account, or otherwise.
We do engage companies to help us provide products and services or information, such as credit card transaction processing companies for your account charges, and companies that help us either gather your information or communicate with you; all with whom we share your PII as required. Except as otherwise permitted by this Privacy Policy or the TAC, such companies are only allowed to collect and use your PII for the purposes for which we have engaged them or as required or permitted by applicable law or your account settings.
In addition, we may disclose your personal information to persons and entities who provide customer or technical support, but only for such purposes.
Any PII and your Content and/or Your Other Parties’ Content we share with third parties shall be only shared with third-parties who are subject to confidentiality and data restriction agreements at least as restrictive as set forth herein.
The input, posting and sharing of your PII by you on your profile is your responsibility and not the responsibility of us and are not covered by this Privacy Policy, and we shall not be liable for any of same.
You can close your Account per the account settings in your account. . We will remove your Content and your Other Parties Content from view and/or dissociate them from your Account, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information, including, without limitation, PII, to prevent, investigate, or identify possible wrongdoing in connection with Modio Services or to comply with legal obligations.
Other Disclosures
We reserve the right to also disclose PII and Content when we determine in good faith that such disclosures are required by law (for example, to comply with a court order), to enforce the TAC or the rules of Modio Services, to protect the safety and security of Modio Services, and/or to protect the safety, security and rights of the public, users of Modio Services, and/or Modio, its affiliates, and its and their owners, directors, officers, employees, representatives, contractors and/or agents.
Furthermore, we may disclose and transfer any PII and non-PII (including Content) collected hereunder in the sale, acquisition, merger, consolidation, or other change in the structure of all or part of Modio, its affiliates, and/ or its business. In any such event, we will request that the acquirer or other applicable third party remains obligated to treat your PII and Content in the manner required by this Privacy Policy.
Security of Information
We endeavor to maintain the security and confidentiality of your PII and Content in accordance with applicable industry standards, including administrative, digital and physical security measures to protect your information and Content from unauthorized access and improper use. That said, no security measures are impenetrable and so-called hackers or other third parties may intercept and misuse your PII and Content, including, without limitation, during transmission of same to and from Modio Services.
Minors
Modio Services is intended for general audiences and is not directed to minors (children) under the age of 13. We do not knowingly collect personal information or Content from minors under the age of 13. If you become aware that a child under the age of 13has provided us with personal information or Content without parental consent, please contact us at info@modio.tv. If we become aware that a minor under the age of13 has provided us with personal information or Content without parental consent, we take steps to remove such information and Content and terminate the minor’s Account and/or access.
California Residents: Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Modio to third parties for the third party’s direct marketing purposes. Pursuant to California Civil Code Section 1798.83 (c)(2), Modio does not share user’ personal information with third parties for those third party direct marketing use, unless a user elects Modio to do so. As a user of Modio Services, you agree that some of your PII and Content may available to others using Modio Services so that, with your permission, other users may contact you and interact and provide comments as to your Content. To make a request regarding California Civil Code 1708.83 or to receive further information regarding what is set forth in this paragraph, please contact us at:
Modio LLC
California Privacy Rights
info@modio.tv
Changes to this Privacy Policy
Any changes or revisions this Privacy Policy will be posted on our web site and/or application, and/or emailed to your current email address in your Account. Any such changes/revisions will apply only to PII collected after the effective date of such updated Privacy Policy (as noted in the posting/email), unless otherwise clearly stated in such update. It is your responsibility to frequently check this Privacy Policy for any updates
Contact us Regarding Privacy Issues.
You can contact us with questions or comments about our privacy practices or this Privacy Policy by emailing us at info@modio.tv.
This Privacy Policy was last updated and is effective as of October 16, 2016.