Effective date: October 1, 2021
Last updated: October 20, 2021
SCOPE OF NOTICE
NOTICE TO CALIFORNIA RESIDENTS – CALIFORNIA SHINE THE LIGHT LAW
Residents of the State of California have the right to ask companies conducting business in California to provide them with a list of the types of personal information that we have disclosed during the preceding year to third parties for their direct marketing purposes, and the identity of those third parties. Note that Modulus does not disclose any personal information to third-parties for their direct marketing purposes.
NOTICE TO CALIFORNIA RESIDENTS – CALIFORNIA CONSUMER PRIVACY PROTECTION
Under the California Consumer Privacy Act (“CCPA”), if you are a California Consumer, or an authorized representative of a California Consumer, as defined by the CCPA, you have the following rights regarding your personal information collected during the 12 months before your request:
In order to exercise rights enumerated above, please contact us. We will attempt to verify your request by using information related to your account, if applicable, but in some cases additional information may be required. Subject to certain exceptions that may apply, if we are able to verify your request, we will accommodate your request in accordance with the CCPA. If we are unable to complete your requests fully, we will provide you additional information about the reasons that we could not comply with your request.
Authorized Agents. You may also designate an agent to make requests to exercise your rights under CCPA as described above. We will take steps to verify both (1) the identity of the person seeking to exercise their rights as listed above and (2) that your agent has been authorized to make a request on your behalf by providing us with a copy of a signed written authorization or a copy of a power of attorney.
Do Not Track. We do not respond to Do Not Track (DNT) signals at this time.
EU DATA SUBJECT RIGHTS
If you reside in the EU and The General Data Protection Regulation 2016/679(“GDPR”) is applicable to Modulus, you are entitled by law to access, correct, amend, or delete personal information about you that we hold. A list of these rights is below. If applicable, You may access your Services account to access, correct or delete the information you provided to us and which is associated with your account. For instructions on accessing your information or otherwise for assistance with these rights please contact us.
In the event that we refuse a request under rights of access, we will provide the individual with a reason as to why. Individuals in the EU have the right to complain as outlined below.
A list of your rights is below:
You may also have the right to make a GDPR complaint to the relevant Supervisory Authority as defined in GDPR. A list of Supervisory Authorities is available here. If you need further assistance regarding your rights, please contact us and we will consider your request in accordance with applicable law. In some cases our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
WHAT IS “PERSONAL INFORMATION”?
Personal information is information that we hold about you, and which identifies, or together with other information may identify, you.
INFORMATION WE COLLECT
Below are examples of the different ways we use and collect personal information:
Information that you provide to us:
Registration and Profile Information. When you sign up for the Services, Modulus may collect personal information that you provide to us including, but not limited to, your e-mail address, password, date of birth, contact information and other identifying information. This information is necessary for us to provide you the Services.
Communications. If you contact us, we may receive information you voluntarily share with us to help you resolve your problem or request. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Service. We will collect and receive any feedback, questions, comments, suggestions, ideas, or other information that you send to us (“Feedback”). This Feedback will be treated as non-confidential and non-proprietary and we may use it and share it with third parties.
Job Search Information. If you desire to apply for a job with us, you may submit your contact information and resume online through our website. We will collect the information you choose to provide on your resume, such as your education and employment experience. You may also apply through LinkedIn. If you do so, we will collect the information you make available to us on LinkedIn.
Information automatically collected when you use our Services:
When you use our Services, we use automatic technologies such as cookies to collect information about your browser, your device information, and other information about the way in which you connect to our Services. Cookies help us to personalize and maximize your online experience and time online. A cookie is a text file that is placed on your hard drive by a Web page server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to your computer and can only be read by a web server in the domain that issued the cookie to you. Cookies help us to personalize and maximize your online experience.
Information automatically collected includes:
Location and Activity Information. Information about your estimated location which may be deduced by various technologies including your IP address.
Usage Information. This includes information such as your browser name, the type of computer used as well as other technical information about how you connect to our Service. This information may include the operating system and the internet service providers utilized, mobile device information (phone model and version) and other related information.
Device Information. Information about the device you are using such as, model, operating system, application version number and browser, mobile network information, IP addresses, user names, email addresses and other device related properties.
Log Information. Server logs regarding how you use the Services, which may include: search queries, IP address, device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL, or cookies that may uniquely identify your browser.
Information from third party analytics providers:
HOW WE USE YOUR INFORMATION
To the extent EU data protection law applies to our processing of personal data about you as a user of our Services, we act as the "data controller". To the extent EU data protection law applies to our processing of personal data on behalf of a data processor or data controller, we serve as the "data processor".
We use your information in the following ways:
To Provide and Improve the Services, including use:
To Improve Customer Service. Information you provide helps us respond to your customer service requests and support needs more efficiently.
To Personalize Your Experience. We may use your de-identified information to understand how our Users as a group use the Service and resources provided on the Service.
To Verify Your Identity. We use your information to prevent fraud or other unauthorized or illegal activity on your account.
To Improve Our Services. We may study or use the information and feedback you provide to improve our Service.
To Tailor Promotional E-mails to Your Interests. To the extent permitted by applicable federal and state laws and regulations, we may use your information to send you e-mail that we think may be of interest to you.
To Tailor Advertising to Your Interests. To the extent permitted by applicable federal and state laws and regulations, we may use your information to show you ads that are more relevant to your interests.
To the extent permitted by applicable federal and state laws and regulations, your information may also be transferred to third parties who act for or on our behalf (including service providers who provide services on our behalf), for further study or processing in accordance with the purpose for which the information was originally collected or may otherwise be lawfully processed, such as services delivery, evaluating the usefulness of the Service, evaluating improvements upon or new uses for the Services, marketing, data management or technical support.
To Comply with Legal Requirements and Protect Our Rights
The legal basis for these uses is our legitimate uses in the performance of our contractual obligations; protection of our legal rights, compliance with legal obligations and protection of the rights of users and other individuals.
HOW WE SHARE INFORMATION COLLECTED
We share information collected about you with service providers that assist us with the provision of our Services, as well as in connection with a business transaction or as necessary to comply with our legal obligations.
With Service Providers
With our affiliates and in connection with a business reorganization
We may share your information with companies under common control with Modulus in the ordinary operation of our business. In addition, we would share your information if we are involved in a merger, acquisition, consolidation, change of control or sale of all or a portion of our assets or if we undergo bankruptcy or liquidation. The legal basis for this sharing is our legitimate interest in carrying out our business operations.
In order to comply with our legal obligations, protect our rights and those of others
We share your information, per your instructions, in order to prevent fraud or abuse to our Services, to protect your rights, to comply with our legal obligations and to protect our rights. The legal basis for this sharing is compliance with the law and our legitimate interest in the prevention of fraud, compliance with legal obligation and the protection of the rights of others.
Pursuant to your instructions: When requested, we will share or facilitate the sharing of your information with third parties pursuant to your instructions. We do not have any legal relationship with such parties. You are responsible for entering into separate contractual arrangements with such third parties binding them to comply with data protection obligations. These third party data processors are not sub-processors and we shall not bear any responsibility or liability for sharing information with such parties. The legal basis for this sharing is necessary for the performance of our contract with you.
Prevent fraud and abuse of the Services: We will share information to prevent or detect fraud or to address technical issues and if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the website infrastructure or the Services generally).
Protect your rights: We will share information in an emergency or to protect the safety of any person and if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.
We also process and share information in an aggregated, de-identified manner, where the information is shared as part of a statistical report and does not contain personal information. Please see the section “Cookies and Other technologies” below for information about the technologies that we and third parties use to collect information and to learn about options in connection with these.
HOW WE PROTECT USER INFORMATION
If Cardone learns of a security systems breach, we will notify you as required by applicable law so that you can take appropriate protective steps. You agree to receive notification of the breach electronically. We endeavor to provide notice to you of any security systems breach and efforts to restore our Service as required in accordance with applicable law. If you become aware of any breach of data security or have any other questions about the security of the Modulus Service, please contact us.
Where we require that you use a password to protect your information when using the Services, it is your responsibility to keep that login information secure.
We take reasonable precautions to protect your personal information. For example, when you register for my.cardone.com, your information is protected through the use of encryption and all personal information stored by us or for us is kept on a server in a secure environment. Only employees, our partners and any sub-contractors who need the information to perform a specific service are granted access to the information. All of our employees that have access to personal information are bound by confidentiality obligations. Please keep in mind that the Internet is not a 100% secure medium for communication, and we cannot guarantee that your personal information will always remain private when using the Services. While we strive to use commercially acceptable means to protect your information, we cannot ensure or warrant absolute security. Although we endeavor to provide reasonable security for your information, no security system can prevent all potential security breaches.
WHERE INFORMATION IS PROCESSED
WHAT CAN YOU DO ABOUT HOW WE USE YOUR INFORMATION?
Email communication: Users may opt out of receiving promotional email communication from Modulus via the "unsubscribe" link at the bottom of emails, or by sending an opt-out request to us at firstname.lastname@example.org with the word “unsubscribe” in the email subject line. We will continue to send you notifications necessary for the Services to this email address.
Deleting your account: You may request that we delete your Services account by writing us at email@example.com If you choose to delete your account, we will begin the process of deleting your account from our systems.
Cookies and other technologies:
HOW LONG DO WE KEEP YOUR INFORMATION?
We will retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.
THIRD PARTY LINKS
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site that is not explicitly intended for that purpose without our prior written consent.
Our name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
If you are a copyright owner, or are authorized to act on behalf of one, and you believe materials on Modulus' website or activities on its services infringe your rights in your copyright-protected work, please send us an appropriate notification of claimed copyright infringement that complies with 17 U.S.C. § 512 to: firstname.lastname@example.org.
Children under the age of 13 should not attempt to use or access our Service. Further, we never collect or maintain information from our Service from those we actually know are under 13, and no part of our Services are structured to attract anyone under 13. In the event that we learn that we have collected personal information from a child under 13 without parental consent, we will delete that information as quickly as possible. Please contact us for assistance if you believe we might have any information from or about a child under 13 using our Service.
HOW TO CONTACT US