Privacy Policy
This Privacy Policy, effective July 12, 2016, discloses the privacy practices for the Modus site and various related services (together referred to as the “site”). Modus, the provider of the site (referred to as “us” or “we”), is committed to protecting your privacy online. Please read the information below to learn about your privacy and your use of this site.
You acknowledge that this Privacy Policy is part of our Site Terms of Use, and by accessing or using our site, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use this site
We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an e-mail to the e-mail address listed by users and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a user, review this site and this Policy periodically and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.
1. What information do we collect from you?
In order to better provide you with our numerous services, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as requesting information, requesting a demo, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, company or employer, job title and department, telephone and facsimile numbers, and other personal identifying information. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
Non-Personally Identifiable Information: This refers to information that does not by itself personally identify you. We gather certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site’s Uniform Resource Locator (“URL”) that you just came from, which URL you go to next, what browser you are using, when you accessed our site, and your Internet Protocol (“IP”) address. An URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.
2. Where do we collect information from you and how do we use it?
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you:
(a) register for our services and register your e-mail address with us;
(b) request information from us; or
(c) send e-mail messages, submit forms or transmit other information by telephone or letter.
We may also collect information from you at other points on our site that state that such information is being collected.
In addition, we may also collect, or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information.
We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you or requested by you. We will also use Personally Identifiable Information to enhance the operation of our site, fill orders, improve our marketing and promotional efforts, statistically analyze site use, improve our product and service offerings, and customize our site’s content, layout, and services. We may use Personally Identifiable Information to process and deliver information to you, contact you regarding administrative notices, and alert you about new products or product updates. Of course, each of these communications will contain simple instruction on how you “opt-out” or cancel your subscription. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our site Terms of Use and this Privacy Policy.
3. With whom do we share your information?
We do not sell, trade, or rent your Personally Identifiable Information to others. We do provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personally Identifiable Information to operate our sites and to deliver services, such as demos and information you may request. For example, we must release your address information to the delivery service to deliver products that you ordered and provide order information to third parties that help us provide customer service.
We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We may also share business or personal information when we believe, in good faith, that release is necessary to comply with the law; to enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Modus, its affiliates, employees, users or others. This includes, without limitation, exchanging information with other entities for fraud protection. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may also provide Non-Personally Identifiable Information about our customers’ sales, traffic patterns, and related site information to third party affiliates, but these statistics do not include any Personally Identifiable Information. For example, these service providers may help us measure performance of our online campaigns or analyze visitor activity on our site. We may permit these service providers to use cookies and other technologies, such as Web beacons or pixel tags, to preform these services for us.
Except as set forth above, you will be notified when your business or personal information may be shared with third parties, and will be given the option to prevent the sharing of this information.
4. How can you update or correct your Personally Identifiable Information?
We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information online at any time by entering new and/or updated Personally Identifiable Information when requesting information or a demo on our site in accordance with instructions posted elsewhere on this site.
California Residents.
In addition, we are required by California law to provide California residents with specific disclosures about our privacy practices, including telling you about the information we share with third parties for marketing purposes. You may also access and correct your personal information and privacy preferences by writing us at:
Modus
7573 Slater Avenue, Suite P
Huntington Beach, CA 92647
USA
You may also contact us by e-mail at [email protected].
Please include your name, address, and/or e-mail address when you contact us.
Canada Citizens.
Any information collected by Modus is compliant with the Personal Information Protection and Electronic Document Act and with the Canadian Anti-Spam Legislation.
We encourage you to promptly update your Personally Identifiable Information if it changes or you no longer wish to receive a service or subscription. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this site. In addition, it may be impossible to completely delete your information without some residual information because of backups.
5. What are your choices regarding collection, use, do not track requests, and distribution of your information?
We may, from time to time, send you e-mail regarding our products and services. In addition, if you indicated upon sending your personal information that you are interested in receiving demos or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Modus (or agents working on behalf of Modus and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily request to no longer receive such offers and mailings.
You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case.
Modus does not respond to Do Not Track signals.
6. What security precautions are in place to protect against the loss, misuse, or alteration of your information?
At our site you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us. Your Personally Identifiable Information is protected in several ways, such as with firewalls, data encryption and physical security for our buildings, files and information contained therein. In addition, your Personally Identifiable Information resides on a secure server that only selected Modus personnel and contractors have access to via password. Your Personally Identifiable Information is encrypted, such as with the Secure Socket Layer (SSL) protocol, and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.
Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
7. Do we use “cookies”?
Our site uses cookies. By continuing, we assume we have your permission to use cookies as detailed herein. A cookie is a small data text file, which a Web site stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to us. The purpose of a cookie is to tell the Web server that you have returned to a specific page. When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. Our cookies store randomly assigned user identification numbers, the country where you are located. Cookies and other tracking technology this site may use cannot collect personal information. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.
We will collect and use Non-Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server. Some cookies, such as “_utma”, “_utmb”, “_utmc”, and “_utmz” are used by Google Anayltics to anonymously count visits to the site and tell us patterns about how you move around our site, enabling us to make the site better. You may opt-out of the use of this cookie by visiting Google’s Advertising and Privacy page: http://www.google.com/privacy_ads.html. In addition, cookies such as “_hstc”, “_hssc”, “_hssrc”, “hsfirstvisit”, “hsPagesViewedThisSession”, “hubspotutk”, “hubspot.hub.id”, “hubspotauth”, “hubspotauthcms”, “hubspotauthremember”, “_hs_opt_out”, “_hs_do_not_track”, “hs_testcookie” and “hubspotutktzo” are used by Hubspot also to count times and visits to the site, let you decide whether to receive notices about cookies or opt out of cookies, and tell us patterns about how you move around our site. You may opt-out of the use of this cookie by visiting Hubspot’s Advertising and Pricacy page: http://legal.hubspot.com/privacy-policy. Finally, we may also use other cookies, such as: AWSELB (used by Amazon to measure performance, https://www.amazon.com/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=468496); “_gauges_unique_hour”, “_gauges_unique_day”, “_gauges_unique_month”, “_gauges_unique_year”, and “_gauges_unique” (used by Gauges to measure performance, http://get.gaug.es/privacy/); “apex_product” (used by SalesForce as strictly necessary, http://www.salesforce.com/company/privacy/); and “no_id_mixpanel” (used by Mixpanel for telling us patterns about how you move around our site, enabling us to make the site better, https://mixpanel.com/privacy/). Other cookies for other services (such as Facebook, Twitter, AddThis, etc.) are set by the embedded content we don’t control. For more information about these cookies we advise you to check those services’ cookie policies. Having said all of that, most browsers will enable the use of cookies by default. If you do not want the site to set cookies on your device then you should not use the site, and you should delete any cookies that have been placed on your device after having visited the site. Alternatively, if you wish to opt-out of the use of cookies you will need to change your browser settings.
8. What should you know about privacy policies and data collection at any third party sites accessible from our site?
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices, such as cookies placed by third parties as discussed above. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties and we cannot control their collection of information.
9. What else should you know about your privacy online?
You must be at least 18 years old to have our permission to use this site. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age without verification of parental consent. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you become aware that a child has provided us with information, please contact us as set forth herein.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, e-mail address, etc.) in public areas linked to from our site, such in Facebook, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Please be careful and responsible whenever you’re online.
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us by sending a letter to:
Modus
Attn: Privacy Compliance Officer
7573 Slater Avenue, Suite P
Huntington Beach, CA 92647
USA
You may also contact us by e-mail at [email protected].
10. EU-U.S. Privacy Shield Info
Modus Group, LLC complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Modus Group, LLC has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/
Modus Group, LLC commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.
Jurisdiction: The Federal Trade Commission has jurisdiction over Modus Group, LLC’s compliance with the Privacy Shield.
User Arbitration: Users have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. For additional information please see: https://www.privacyshield.gov/article?id=ANNEX-I-introduction
Data transfer to third parties: Personal user data will not be transferred to third parties.
11. Location Data Usage for Product Users
For users of the Modus fleet tracking related products, location data from your mobile device is collected via the provided mobile application. This location data may be used to populate your vehicle trip information. The mobile applications collect this location data based on your acceptance of the location services functionality of your smartphone with the mobile application installed.
Users of the mobile application for post trip fleet functionality view of collected data via the installed telematics devices are not required to allow location services to be in use. All of the collected location data is stored encrypted and anonymized. The view of your collected location data is specifically to power the Modus fleet or telematics products that you are using.
The access to this collected data is controlled by you within the confines of the fleet product platform you have subscribed.