PRIVACY NOTICE

BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE “PRIVACY POLICY”) AND THE TERMS AND CONDITIONS OF THE MODO.COM TERMS OF USE (THE “TERMS OF USE”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. This Privacy Policy applies to all users, including both users who are simply viewing the Website and users who are purchasing goods through the Website.

MODO.COM may, at its sole discretion, modify this Privacy Policy at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. This Privacy Policy was last modified as of March 31, 2011.

 

WHAT PERSONALLY IDENTIFIABLE INFORMATION DOES MODO.COM COLLECT?

USER PROVIDED INFORMATION

You may affirmatively provide MODO.COM with certain personally identifiable information (such as your name, email address, postal address, phone number, birthdate, and credit card information) when participating in various activities on the Website.

 

INFORMATION COLLECTED BY “COOKIES”

When you visit the Website, MODO.COM may send one or more “cookies” to your computer. A “cookie” is a small line of text that is stored with your Web browser, which MODO.COM uses to help provide better service to you. Your browser has options to accept, reject or provide you with notice when a cookie is sent. MODO.COM may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the Website, and to deliver content (which may include product offers) specific to your interests.

 

LOG FILE INFORMATION

MODO.COM’s servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

 

INFORMATION COLLECTED BY “CLEAR GIFS”

MODO.COM may employ “clear GIFs” (a.k.a. Web Beacons), which are used to track the online usage patterns anonymously (i.e., in a non-personally-identifiable manner). In addition, MODO.COM may also use clear GIFs in HTML-based emails sent to users to track which emails are opened by recipients.

 

HOW DOES MODO.COM USE PERSONALLY IDENTIFIABLE INFORMATION?

MODO.COM will use information you provide to process and fulfill your order, including to send you emails to confirm your order status and shipment. In addition, it may use personally identifiable information to deliver product offers and other content specific to your interests.

If you have not opted out from receiving emails from MODO.COM, it may use your email address or other personally identifiable information to send commercial or marketing messages. MODO.COM also may use your email address for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes). You cannot opt out of receiving emails for non-marketing or administrative purposes.

MODO.COM uses aggregated information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. In addition, MODO.COM may use “cookies” clear gifs and log file information to deliver product offers and other content specific to your interests, and remember information so that you will not have to re-enter it each time.

 

WILL MODO.COM SHARE PERSONALLY IDENTIFIABLE INFORMATION WITH OTHERS?

MODO.COM will not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out, except as set forth herein.

MODO.COM may provide personally identifiable information to employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on its behalf. In such circumstances, MODO.COM requires that these parties agree to protect the confidentiality of such information and to comply in all respects with this Privacy Policy.

MODO.COM may share your personally-identifiable information, including your name, address, email address, as well as a record of any transactions you conduct on the Website or offline with MODO.COM with third-party advertising partners and their service providers in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain websites. MODO.COM’s advertising partners will make the data provided to it anonymous.

MODO.COM may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.

In addition, MODO.COM may release personally identifiable information: (i) to the extent it has a good-faith belief that such action is necessary to comply with any applicable law, enforce any provision of the Terms of Use, protect itself against any liability, defend itself against any claims, protect the rights, property and personal safety of any user or protect the public.

 

IS MY INFORMATION SECURE?

MODO.COM has implemented security measures to protect personally identifiable information collected on the Website against loss, misuse or alteration. In addition, your account information is protected by a password for your privacy and security. It is important that you protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Moreover, despite the precautions described above, MODO.COM cannot and does not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted or accidentally disclosed, and it accepts no liability for any unintentional disclosure.

 

IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY

In the event that MODO.COM.com is acquired by or merged with a third party entity, it reserves the right to transfer or assign the information it has collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of MODO.COM’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, MODO.COM may not be able to control how your personal information is treated, transferred, or used.

 

CHILDREN’S PRIVACY

You must be 13 years and older to register to use the Website. As a result, MODO.COM does not collect information about children.

 

MISCELLANEOUS

These Terms of Use, together with the Privacy Policy and any other legal notices published by MODO.COM on the Web Site, constitute the entire agreement between you and MODO.COM concerning the Web Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MODO.COM’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE.

Most communications between MODO.COM and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and MODO.COM shall satisfy any legal requirements that such communications be in writing.