Privacy Policy

Last Updated: August 7, 2024

At Modus, we take your privacy seriously. Please read this Privacy Policy (this "Policy") to learn how we treat your personal data. By using or accessing our Platform (including our website or our subscription platform) in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Policy.

Remember that your use of Modus's Platform is at all times subject to our Customer Terms and Conditions, or any other agreement memorializing our customer and vendor relationship (the "Terms"), which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms.

As we continually work to improve our Platform, we may need to change this Policy from time to time. We will alert you of material changes by placing a notice on the Modus website, by sending you an email and/or by some other means. Please note that if you've opted not to receive legal notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Platform, and you are still responsible for reading and understanding them. If you use the Platform after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

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What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Platform. "Personal Data" means any information that identifies or relates to a particular individual and also includes information referred to as "personally identifiable information" or "personal information" or "sensitive personal information" under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don't own or control or people we don't manage. Note that certain Personal Data we gather may vary depending on whether you are an enterprise customer, or an individual visiting our website.

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

Our Commercial or Business Purposes for Collecting Personal Data

Providing, Customizing and Improving the Platform

• Creating and managing your account or other user profiles.
• Processing orders or other transactions; billing.
• Providing you with the products, services or information you request.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the Platform.
• Improving the Platform, including testing, research, internal analytics and product development.
• Personalizing the Platform, website content and communications based on your preferences.
• Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws.

Marketing the Platform

• Marketing and selling the Platform.

Corresponding with You

• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Modus or the Platform.
• Sending emails and other communications according to your preferences.

Other Permitted Purposes for Processing Personal Data

In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Modus or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

You

• When you provide such information directly to us.
• When you create an account or use our interactive tools and Platform.
• When you voluntarily provide information in free-form text boxes through the Platform or through responses to surveys or questionnaires.
• When you send us an email or otherwise contact us.
• When you use the Platform and such information is collected automatically.
• Through Cookies (defined in the "Tracking Tools, Advertising and Opt-Out" section below).
• If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
• If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Platform, such as information regarding when you are logged on and available to receive updates or alert notices.

Third Parties

Vendors

• We may use analytics providers to analyze how you interact and engage with the Platform, or third parties may help us provide you with customer support.
• We may use vendors to obtain information to generate leads and create user profiles.

Third-Party Credentials

If you provide your third-party account credentials, such as your social network account credentials, to us or otherwise sign in to the Platform through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us if you elect to share such information.

How We Disclose Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a "sale" of your Personal Data. For more information, please refer to the state-specific sections below.

Service Providers

These parties help us provide the Platform or perform business functions on our behalf. They include:

• Hosting, technology and communication providers.
• Security and fraud prevention consultants.
• Support and customer service vendors.
• Photo printing and delivery partners.
• Payment processors. Our payment processing partner Stripe, Inc. ("Stripe") collects your voluntarily-provided payment card information necessary to process your payment. Please see Stripe's terms of service and privacy policy for information on its use and storage of your Personal Data.

Analytics Partners

These parties provide analytics on web traffic or usage of the Platform. They include:

• Companies that track how users found or were referred to the Platform.
• Companies that track how users interact with the Platform.

Legal Obligations

We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under "Other Permitted Purposes for Processing Personal Data" section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful business purposes, including to analyze, build and improve the Platform and promote our business, provided that we will not disclose such data in a manner that could identify you.

Tracking Tools, Advertising, and Opt-Out

The Platform use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, "Cookies") to enable our servers to recognize your web browser, tell us how and when you visit and use our Platform, analyze trends, learn about our user base and operate and improve our Platform. Cookies are small pieces of data — usually text files — placed on your computer, tablet, phone or similar device when you use that device to access our Platform. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).

Please note that because of our use of Cookies, the Platform does not support "Do Not Track" requests sent from a browser at this time.

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Platform. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Platform, maintain your preferences over time and recognize you when you return to our Platform. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Platform. They do this by collecting information about the number of visitors to the Platform, what pages visitors view on our Platform and how long visitors are viewing pages on the Platform. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Platform's content for those who engage with our advertising.

You can decide whether or not to accept Cookies through your internet browser's settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Platform and functionalities may not work.

To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit www.allaboutcookies.org.

Information about Interest-Based Advertisements

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Platform. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors ("Interest-Based Ads"). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Platform and/or services of third parties. Such information may be gathered through tracking users' activities across time and unaffiliated properties, including when you leave the Platform. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a "web beacon") from an ad network to you through the Platform. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

Data Security

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

Data Retention

We retain Personal Data about you for as long as necessary to provide you with our Platform or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

For example:

• We retain your profile information and credentials for as long as you have an account with us.
• We retain your payment data for as long as we need to process your purchase or subscription.
• We retain user device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.

Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under 18 years of age; if you are a child under the age of 18, please do not attempt to register for or otherwise use the Platform or send us any Personal Data. If we learn we have collected Personal Data from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided Personal Data to us, please contact us at hello@himodus.com.

State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties' direct marketing purposes; we do not currently disclose your Personal Data to third parties for direct marketing purposes.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

European Union, United Kingdom, and Swiss Data Subject Rights

Modus is not currently directly available to European Union or United Kingdom-based customers. If you reside in these geographies, you are not eligible to sign up for the Platform. If you are an employee or end user of a Modus Customer for whom Platform access has been purchased, please contact your employer for details about how Modus processes your personal data, pursuant to an applicable Data Processing Addendum with our Customer/your employer. Please do not attempt to provide us with Personal Data if you currently live outside of the United States. If you are an EU or UK based entity that wants to sign up for Modus, please contact our sales team to learn more.

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SMS / Text Messaging Policy

You may opt out of receiving SMS messages at any time by replying STOP to any message. For assistance, reply HELP or contact us at hello@himodus.com.

We do not share, sell, rent, or disclose SMS opt-in data or consent with third parties for marketing or promotional purposes. Your phone number and SMS consent are used solely for the purposes described in this section and in accordance with this Privacy Policy.

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Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

• hello@himodus.com