Last Updated: July 9, 2018
Terms). The terms
Site) and other online or offline offerings (together with any and all future online and offline offerings operated by or on behalf of Mode, the
Mode complies with the requirements of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively
Privacy Shield), as set forth by the U.S. Department of Commerce and the Federal Trade Commission (
FTC), regarding the collection, use, and retention of Personal Information transferred from the European Economic Area and Switzerland to the United States. Mode has certified to the Department of Commerce that it adheres to the Privacy Shield Principles and Supplemental Principles. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view Mode's certification, please visit https://www.privacyshield.gov/. A list of Privacy Shield participants is maintained by the Department of Commerce and is available at https://www.privacyshield.gov/list.
Additionally, Mode may protect information through other legally valid methods, including international data transfer agreements.
This Policy applies to all Mode's operating divisions, subsidiaries, affiliates, and branches, including its U.S. affiliates certified under the Privacy Shield and any additional subsidiary, affiliate, or branch of Mode that we may subsequently form.
Mode collects Personal Information regarding its current, prospective, and former clients, customers, users, visitors, and guests (collectively
Individuals). The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with Mode and the requirements of applicable law. Some of the ways that Mode may collect Personal Information include:
When you use the Sites or engage in certain activities, such as registering for an Account with Mode, responding to surveys, requesting Services or information, or contacting us directly, we may ask you to provide some or all of the following types of information:
We acquire, hold, use, and Process Personal Information about Individuals for a variety of business purposes, including:
You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 5 below.
Technologies) to automatically collect information through the Sites. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a
device) that allow us to record certain pieces of information whenever you visit or interact with our sites, services, applications, messaging, and tools, and to recognize you across devices.
Our uses of such Technologies fall into the following general categories:
If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
The Site may contain links to other websites and other websites may reference or link to our Site or other Services. These other domains and websites are not controlled by us, and Mode does not endorse or make any representations about Third-Party websites or social media platforms. We encourage our users to read the privacy policies of each and every 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.
Mode's Sites may include publicly accessible blogs, community forums, or private messaging features. The Site may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using our Site or other Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and 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.
All Personal Information collected via or by Mode is stored in the United States in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. With respect to transfers to our Agents, Privacy Shield requires that Mode remain liable should its Agents Process Personal Information in a manner inconsistent with the Privacy Shield Principles.
Do Not Track
Do Not Track (
DNT) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at http://www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and http://www.aboutads.info/choices/. You can also choose not to be included in Google Analytics at https://tools.google.com/dlpage/gaoptout.
Although Mode makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Mode is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others' privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual's privacy in the case in question or where it is commercially proprietary. If Mode determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Mode will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
By using the Site 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 Site. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing.
If you are an EU or Swiss citizen and feel that Mode is not abiding by the terms of this Policy, or is not in compliance with the Privacy Shield Principles, please contact Mode at the contact information provided above.
In addition, Mode has agreed to refer unresolved complaints related to Personal Information to JAMS Privacy Shield Dispute Resolution Program. For more information and to submit a complaint regarding Individual data to JAMS, visit https://www.jamsadr.com/eu-us-privacy-shield. The services of JAMS are provided at no cost to you.
You may also have a right, under certain conditions, to invoke binding arbitration under Privacy Shield; for additional information, see https://www.privacyshield.gov/article?id=ANNEX-I-introduction. The FTC has jurisdiction over Mode's compliance with the Privacy Shield.
In providing the Services, Mode serves as an electronic information conduit that permits customers to transmit, route, or switch information. In doing so, Mode's customers, and not Mode, determine the purposes and means of processing personal data transmitted through Mode's network. As the Privacy Shield Principles do not impose secondary liability, Mode may rely on its subscribers to comply with legal requirements underlying the Principles with respect to such processing.
The following capitalized terms shall have the meanings herein as set forth below.
Accountmeans an account for the use of Mode's services created by Mode or by a Mode user.
Agentmeans any Third Party that Processes Personal Information pursuant to the instructions of, and solely for, Mode or to which Mode discloses Personal Information for use on its behalf.
Personal Informationis any information relating to an identified or identifiable natural person ("Individual"). Additionally, it includes fifteen (15) of the sixteen (16) supplemental principles described in the Privacy Shield: (1) sensitive data, (2) journalistic exceptions, (3) secondary liability, (4) performing due diligence and conducting audits, (5) the role of the data protection authorities, (6) self-certification, (7) verification, (8) access, (10) obligatory contracts for onward transfers, (11) dispute resolution and enforcement, (12) choice timing of opt-out, (13) travel information, (14) pharmaceutical and medical products, (15) public record and publicly available information, and (16) access requests by public authorities. The ninth supplemental principle, human resources data, is not applicable to this Policy.
Processingmeans any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
Sensitive Personal Informationis a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes Personal Information regarding EU residents that is classified as a
Special Category of Personal Dataunder EU law, which consists of the following data elements: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual's sex life; or (8) information relating to the commission of a criminal offense.
Third Partyis any company, natural or legal person, public authority, agency, or body other than the Individual, Mode or Mode's Agents.