Privacy Policy
Modwall, INC. (“Modwall“, “we”, “us”, and/or “our”) has developed relationships with our customers by acting with the utmost integrity. We are aware of the confidence you demonstrate when you provide us with personal information.
This Privacy Policy (this “Privacy Policy”) is posted to demonstrate our adherence to the practices common to the best websites online. We will treat your information with integrity and sensitivity. We respect the privacy of every individual.
1. CONSENT
By using our site, you consent to this Privacy Policy.
2. SCOPE
This Privacy Policy applies to personal information processed by us in our business, including on our websites, mobile applications, and other online or offline offerings (collectively, the “Services”).
3. PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect depend on whether you are a customer, visitor, contractor at one of our sites, employee of a contractor, or a job applicant, and the requirements of applicable law.
• Information You Provide to Us.
o Your Communications with Us. We collect personal information from you such as email address, profession, title, phone number, or mailing address when you request information about our Services, register for our newsletter or loyalty program, request customer or technical support, apply for a job or otherwise communicate with us.
o Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
o Social Media Content. We may offer forums, dashboards, portals, blogs, or similar social media pages or platforms. Any content you provide on these pages or platforms will be considered “public” and is not subject to privacy protections. By providing such information, including any pictures, photographs, video recordings, or other media, to us, you hereby provide your permission to use your name, likeness, image, voice, and/or appearance as such may be embodied in any such information, including pictures, photographs, video recordings, or other media. You agree that we have complete ownership of such information, including the entire copyright, and we may use such information for any purpose consistent with Modwall’s commercial and business purposes. Such uses include, but are not limited to, illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, internal and external presentations, advertisements, and any promotional or educational materials in any medium now known or later developed. You acknowledge that you will not receive any compensation for the use of such information, and you hereby release Modwall and its successors, affiliates, and assignees from any and all claims which arise out of or are in any way connected with such use.
o Conferences and Trade Shows. We may attend conferences and trade shows where we collect personal information from individuals who interact with or express an interest in Modwall and/or our Services. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected.
o Job Applications. We may post job openings and opportunities on the Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.
• Information Collected Automatically or From Others.
o Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your IP address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.
In addition, we may automatically collect data regarding your use of our Services, such as the types of content you interact with and the frequency and duration of your activities. We may combine your information with information that other people provide when they use our Services, including information about you when they tag you.
• Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising technologies.
o We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.
o Cookies. A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Modwall uses cookies to help Modwall identify and track visitors, their usage of Modwall website, and their website access preferences. Modwall visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Modwall’s websites, with the drawback that certain features of Modwall’s websites may not function properly without the aid of cookies.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
• Analytics.
We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/.
• Information from Other Sources.
We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your username, location, gender, birth date, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
4. HOW WE USE YOUR INFORMATION
We use your information for a variety of business purposes, including to:
• Fulfil our contract with you and provide you with our Services, such as:
o Managing your information and accounts
o Providing access to certain areas, functionalities, and features of our Services
o Communicating with you about your account, activities on our Services and policy changes
o Undertaking activities to verify or maintain the quality or safety of a service or device
o Processing your financial information and other payment methods for products or Services purchased
o Providing advertising, analytics, and marketing services
o Processing applications and transactions
o Allowing you to register for events
• Analyze and improve our Services pursuant to our legitimate interest, such as:
o Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
o Measuring interest and engagement in our Services and short-term, transient use, such as contextual customization of ads
o Undertaking research for technological development and demonstration
o Researching and developing products, services, marketing, or security procedures to improve their performance, resilience, reliability, or efficiency
o Improving, upgrading, or enhancing our Services or device
o Developing new products and Services
o Ensuring internal quality control
o Verifying your identity and preventing fraud
o Debugging to identify and repair errors that impair existing intended functionality
o Enforcing our terms and policies
o Complying with our legal obligations, protecting your vital interest, or as may be required for the public good
• Provide you with additional content and Services, such as:
o Furnishing you with customized materials about offers, products, and Services that may be of interest, including new content or Services
o Auditing relating to interactions, transactions, and other compliance activities
o Other purposes you consent to, are notified of, or are disclosed when you provide personal information.
5. DE-IDENTIFIED AND AGGREGATED INFORMATION.
Modwall may use personal information and other data about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, aggregated statistics about the behavior of visitors to its websites, information about the computer or device from which you access our Services, or other analyses we create. Modwall may display this information publicly or provide it to others. However, Modwall does not disclose personal information other than as described below.
6. HOW WE USE AUTOMATIC COLLECTION TECHNOLOGIES.
We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories:
• Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity, and improve security or that allow you to make use of our functionality.
• Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services.
• Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed.
• Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third party sites.
7. NOTICE REGARDING THIRD PARTY WEBSITES, SOCIAL MEDIA PLATFORMS, AND SOFTWARE DEVELOPMENT KITS.
The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
Our Services may include publicly accessible blogs, forums, social media pages, and private messaging features. By using such Services, you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes. In addition, social media buttons such as Facebook, Twitter, Instagram, LinkedIn, and YouTube (that might include widgets such as the “share this” button or other interactive mini programs) may be on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our site. Your interactions with these features apart from your visit to our site are governed by the privacy policy of the company providing it.
We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including analytics and advertising partners to collect your personal information for various purposes including to provide analytics services and content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
8. HOW WE DISCLOSE YOUR INFORMATION
Modwall discloses personal information only to the third parties listed below that (i) need to know that information to process it on Modwall’s behalf or to provide services available at Modwall’s websites, and (ii) that have agreed not to disclose it to others.
• Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers (processors) to whom we entrust personal information include IT and related services; information and services; payment processors; customer service providers; and vendors to support the provision of the Services.
• Business Partners. We may provide personal information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.
• Affiliates. We may share personal information with our affiliated companies.
• Advertising Partners. Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable, or otherwise of interest to you. If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.
• Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
• Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
9. YOUR PRIVACY CHOICES AND RIGHTS
• General. You have certain choices about your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use non- personal information regarding your activities on our Services and for other legal purposes as described above.
• Email and Telephone Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms or this Privacy Policy).
We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as required by applicable law.
• Mobile Devices. We may send you push notifications through our mobile application. You may at any time opt- out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.
• “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
• Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://var/web/site/public_html.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.
Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.
• Your Privacy Rights. In accordance with applicable law, you may have the right to:
o Access to/Portability of Personal Data about you consistent with legal requirements. In addition, you may have the right in some cases to receive or have your electronic Personal Data transferred to another party.
o Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information, or we may refer you to the controller of your personal information who is able to make the correction.
o Request Deletion of your personal information, subject to certain exceptions prescribed by law.
o Request restriction of or object to processing of your personal information, including the right to opt in or opt out of the sale of your Personal Data to third parties, if applicable, where such requests are permitted by law.
o If you would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws.
10. SECURITY OF YOUR INFORMATION
We take reasonable steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.
By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.
11. INTERNATIONAL DATA TRANSFERS
Some of those employees, contractors and affiliated organizations may be located outside of your home country. By using Modwall’s websites, you agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.
12. RETENTION OF PERSONAL INFORMATION
We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Modwall has collected about them and whether Modwall disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:
• CATEGORY OF PERSONAL INFORMATION COLLECTED BY MODWALL
o Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.
o Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, address, telephone number, driver’s license or state identification card number, insurance policy number, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Personal Information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
o Commercial information. Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
o Internet or other electronic network activity. Browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement.
o Geolocation data. Physical location or movements.
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above.
13. SALE OF PERSONAL INFORMATION UNDER THE CCPA
For purposes of the CCPA, Modwall does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.
14. ADDITIONAL PRIVACY RIGHTS FOR CALIFORNIA RESIDENTS
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth below.
Verification. To protect your privacy, we will take steps the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your name, the name of your employer, and some form of government-issued identification such as a copy of your passport or driver’s license.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth below. We will process such requests in accordance with applicable laws.
Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.
15. CHILDREN’S INFORMATION
The Services are not directed to children under 17 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
16. OTHER PROVISIONS
Supervisory Authority. If you are located in the European Economic Area or the UK, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
Privacy Policy Changes. Modwall may change its Privacy Policy from time to time and at our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. Modwall encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
17. CONTACT US
If you have any questions about our privacy practices or this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact us through our contact us page here.
18. DISCLAIMERS
NOTHING ON THE MODWALL WEBSITE IS INTENDED TO BE AN OFFERING OF THE SALE OF REAL PROPERTY IN ANY JURISDICTION. OFFERS TO SELL OR BUY REAL PROPERTY MAY ONLY BE MADE IN WRITING, SUBMITTED TO MODWALL, APPROVED BY MODWALL, AND SHALL ONLY BE EFFECTIVE AND ENFORCEABLE AGAINST MODWALL IF DULY EXECUTED BY AN AUTHORIZED SIGNATORY OF MODWALL.
THE MATERIALS AND INFORMATION CONTAINED ON THE MODWALL WEBSITE DO NOT CONSTITUTE AN OFFER OR A SOLICITATION OF AN OFFER FOR THE PURCHASE OR SALE OF ANY SECURITIES IN ANY COMPANY. TO THE EXTENT THAT ANY INFORMATION IS DEEMED TO BE A “FORWARD LOOKING STATEMENT” AS DEFINED IN THE RULES AND REGULATIONS OF THE SECURITIES ACT OF 1933, AS AMENDED, SUCH INFORMATION IS INTENDED TO FIT WITHIN THE “SAFE HARBOR” FOR FORWARD LOOKING INFORMATION AND IS SUBJECT TO MATERIAL RISK FACTORS WHICH MAY OR MAY NOT BE DISCLOSED HEREIN. THE MODWALL WEBSITE IS NOT INTENDED TO MAKE ANY INVESTMENT REPRESENTATIONS ABOUT MODWALL.
THE INFORMATION IN THE MODWALL WEBSITE IS PROVIDED AS A COURTESY TO EXISTING AND PROSPECTIVE MODWALL CUSTOMERS. THE MODWALL WEBSITE MAY ONLY BE USED FOR LEGAL PURPOSES.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE PROVIDE OUR WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND MODWALL MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED ON THE MODWALL WEBSITE.
19. MODIFICATIONS
Modwall reserves the right to update this Privacy Policy at any time and without notice. Any updates or amendments to these Terms will be found here.