Privacy Policy

ModeSens Inc. (“ModeSens”) knows that you care how information about you is used and shared. This notice describes ModeSens’s privacy policy for our web site and mobile application (the “Site”) including all online services and functions associated with the Site (the “Services”).

This policy applies to information we collect:

On our Site.
In email, text, and other electronic messages between you and our Site.
Through the mobile applications you download from an “app store” compatible with your mobile device, which provide dedicated non-browser-based interaction between you and our Site.

It does not apply to information collected by:

ModeSens offline or through any other means, including on any other Site operated by any third party (including our affiliates and subsidiaries); or
any third party including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you consent to this Privacy Policy. This Privacy Policy may change from time to time (see Changes in This Privacy Policy). Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

Data Controller

ModeSens is the data controller of your Personal Data. At this time, ModeSens is not required to appoint a Data Protection Officer or a representative in the EU, and has elected not to do so.

Protection of Minors

Our Site is not intended for children under 18 years of age. Children under the age of 18 are not permitted to register on this Site or use any functionality for which registration is required. We do not knowingly collect any information from children under the age of 18. We will remove any information about a child under the age of 16 if we become aware of it. If you believe we might have any information from or about a child under 18, please contact us at [email protected] or contact us at through the contact information listed below.

Registration

You must register on this Site in order to use certain of the Site’s online services and functions, such as our blogs. If you just want to browse the Site, registration is optional.

During registration, you will be required to provide contact information, consisting of an email address and password.

You can select any username you want, except that your username cannot be an impersonation, the same or confusingly similar to a famous trademark, or be a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of the functions of the Site. ModeSens reserves the right to reject or remove any username that does not meet applicable standards.

Data We Collect

We collect several different types of information from and about users of our Site. Specifically, we process information:

By which you may be personally identified, such as name, postal address, email address, telephone number, all or part of your credit card information (for payment processing only), and any other identifier by which you may be contacted online or offline.
That is about your use of our Site, such as Site traffic data, location data, logs, referring and exist pages, date and time of your visit to our Site, error information, clickstream data, and other communications data and resources that you use on our Site. This information does not individually identify you.
That is about you, but individually does not identify you such as your closet information, including your products likes, wants, and pictures of products.
About your internet connection, the equipment you use to access our Sites, and usage details.

We may collect this information directly from you when you provide it to us or automatically as you navigate through the Site.

The information you provide directly to us includes:

information that you provide us by filling out forms on our Sites, including information you provide at the time of registering to use our Sites, filling out your closet information, liking/wanting products on our Site, posting material and providing us with pictures of products, or requesting further services.
when you contact or correspond with us and may make a record of your communications.
Your responses to surveys that we may ask to determine the popularity of products.
Details of transactions you carry out through our Sites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Sites.
Your search queries on the Sites.

The personal data we collect from you is required to enter into a contract with ModeSens (specifically, our terms of use), for us to perform under the contract, and provide you with our products and services. If you refuse to provide such personal data or withdraw your consent to our processing of personal data, then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.

As you navigate through and interact with our Site, we may use automatic data collection technologies (including cookies) to collect information about your equipment, browsing actions, and patterns. Specifically, we collect and process details of your visits to our Sites (traffic data, location data, logs, referring/exit pages, date and time of your visit to our Sites, error information, clickstream data, and other communication data. We also collect information about your computer and internet connection, specifically your IP address, operating system, and browsing type.

The information we collect automatically may include personal data or we may associate it with personal data we collect in other ways or receive from other parties. It helps us to improve our Site and to deliver a better and more personalized service by enabling us to:

estimate our audience size and usage patterns;
store information about your preferences, allowing us to customize our Site according to your individual interests;
speed up your searches; and
recognize you when you return to our Site.

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. ModeSens use cookies on the Site. You must consent to our use of non-essential cookies. Essential cookies and other similar technologies used by us enable you to navigate the Sites and use its services and features. Without these essential cookies, the Sites will not perform smoothly and we may not be able to provide the Sites to you or provide you with certain services or features of our Sites.

ModeSens uses both “session ID cookies” and “persistent cookies.” Session cookies are essential and ModeSens uses session cookies to make it easier for you to navigate the Site. A session ID cookie expires when you close your browser. If you check “remember me on this computer” when logging in to the Site, ModeSens also sets a persistent cookie to store your username passwords, so you do not have to enter it more than once. ModeSens also uses non-essential persistent cookies to track and target the interests of users to enhance the experience on the Site. The persistent cookie is removed when you uncheck the “remember my email address” check box, and you may change your choice to accept these cookies at any time by logging into your account and changing your preferences.

Your web browser allows you to control and limit cookies on your computer. If you reject cookies, you may still use the Site, but your ability to use some areas or functions of the Site may be limited.

With your consent, some of ModeSens’s business partners (such as advertisers) use cookies on the Site. ModeSens has no access to or control over these cookies. This privacy policy covers the use of cookies by ModeSens only and does not cover the use of cookies by any ModeSens’s business partners.

ModeSens may use social plugins on the Services, for instance plugins of the social networks such as Facebook, Twitter, Google+, Pinterest and Tumblr, and may feature icons, like the “thumbs up” icon or text like “Recommend”, “Like” or “Comment”. Your browser may create a connection to the servers of such social networks and/or transmit data to such servers when you view a page on the Site. If you use the plugin functionality (e.g. click the “Like” button or make a comment), this information is also transmitted directly to the social network by your browser and may be stored there. This Privacy Policy does not cover the practices of these third party social networks.

Special Categories of Information

ModeSens does not ask you to provide, and we do not knowingly collect, any special categories of personal data from you, including personal data that reveals your racial or ethnic origin, political opinions, religious, philosophical beliefs, or trade unions membership, or the processing of data concerning your health or data concerning your sex life or sexual orientation or history of criminal convictions.

Automated Decision Making

ModeSens does not use your Personal Data with any automated decision making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.

Email from ModeSens for Newsletters and Announcements

With your consent, ModeSens may use your username and email address to provide you with email newsletters and announcements. If you do not wish to receive these kinds of communications, you can unsubscribe using the unsubscribe link provided in email. ModeSens also offers you the option to change your choice to receive from newsletters and announcements by return email or by changing your profile on the Customer Profile page on the Site.

Product Information and Offers

With your consent, the email address information that you provide on the Site may be used to contact you about other product and service offers from ModeSens. ModeSens may also use that information to let you know of additional products and services from other companies that you might be interested in. If you wish to receive these kinds of communications, you can opt into these communications by checking the appropriate email offer announcements boxes during registration. In addition, you can choose not to receive such information by opting-out on the Customer Profile page on the Site.

Significant Announcements by Email

ModeSens may also use your registered name and email address to provide you with significant announcements about Site functions or Services that you are registered to use, about this Site, about any user account you may create, about fulfillment of a specific transaction you have requested, or about other significant developments that may affect your use of the Site. You cannot opt-out of this kind of email without deleting your account.

Additional Information for Specific Purposes

This Site may request additional information from you on product order forms or other online transaction forms. Such forms may require you to provide contact information (such as name and mailing or shipping address) and payment information (such as credit card number and credit card expiration date). Information that you provide in this way may be used for billing and accounting purposes, for recording products and services that you have licensed, bought, or downloaded, and to fill your orders. ModeSens may use this contact information to communicate about orders, products, services, or fees or charges.

ModeSens may use an outside shipping company to ship orders and uses a credit card processing company to process payments for goods and services. These companies have access to user information in order to perform their functions.

ModeSens may partner with other third parties to provide specific goods or services. When you sign up for such goods or services, ModeSens will share names or other contact information that is necessary for the third party to provide these goods or services. ModeSens does not authorize third party providers to use personally identifiable information except for the purpose related to these goods or services.

ModeSens may share your information in other circumstances with your consent, for example when you have chosen to link an account with the Services with a social media network like Facebook.

Communications with Others

The Site may allow you to contribute to one or more blogs or communicate by means of online functions.

Nothing requires you to disclose your identity to others. If you choose to disclose your identity to third parties using any Site function or service, you do so at your own risk. ModeSens is not responsible for the privacy or security of any information, personal or otherwise, that you may choose to communicate or exchange using the functionality of the Site.

Each item of information or any materials you contribute for such purposes are your “Public Content.” Public Content must be content and information that you have a right to disclose and transfer and must not violate any other person’s privacy or intellectual property rights.

Feedback to ModeSens

ModeSens has feedback functionality on the Site that allows you to submit comments, suggestions, or bugs found. ModeSens may collect your name or username and email address in order to follow up with you or thank you for a suggestion.

Anonymous Data

ModeSens may share aggregated demographic and usage information with its partners and advertisers. This aggregated information is not linked to any personal information that can identify any individual person, such as names and email addresses.

Links

This Site may contain links to other sites. ModeSens is not responsible for the privacy practices of such other sites. ModeSens encourages users to be aware when they leave the Site and to read the privacy statements of sites that collect personally identifiable information. This privacy policy applies only to information collected on this Site.

Sharing Personal Information

ModeSens will not sell, share, or rent information obtained on this Site other than as discussed in this privacy policy.

Personal information you provided on ModeSens will be private and will not be visible to others. Closet information including product likes, wants, and pictures will not be shared by default. You may make this information public so that ModeSens can use your closet information for promotion inside or outside ModeSens by changing your closet setting in your profile. If you do not wish to share closet information to public or any other party, you can set your closet as private in profile setting.

Business or Asset Transfer or Sale

ModeSens may be sold, might sell, or buy businesses or assets of businesses, or ModeSens might merge with another business. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that ModeSens, a line of business of ModeSens, or substantially all the assets of ModeSens are transferred, customer information may well be one of the transferred assets. ModeSens will make reasonable effort to provide notice on the Site and to notify you via email to the most recent email address that you have provided to ModeSens of any such change in ownership or control of your personal information.

Release of Information for Legal Reasons

ModeSens may release information concerning your use of ModeSens (including, but not limited to, posted Public Content, registration information, and network records) when it believes in good faith that such release is appropriate to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant or court order), to protect against fraudulent, abusive or unlawful use of the ModeSens, to protect ModeSens's rights or property, enforce any contract between you and ModeSens, or if ModeSens reasonably believes that a situation involving danger of death or injury to any person requires disclosure.

Do not track signals

We do not track you over time and across third-party websites or other online services for any purpose. Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such signal is broadcast or received.

Your California Privacy Rights

Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the Company has disclosed personal information during the preceding year for direct marketing purposes and a disclosure of the shared information. Alternatively, the law provides that if the company has a privacy policy that provides you with an “opt-out” choice for use of your personal information by third parties for marketing purposes, the Company may instead provide you with information on how to exercise your disclosure choice options.

This Site qualifies for the alternative option. Its privacy policy provides you with information on how you may opt-out from the use of your personal information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your personal information during the preceding year for marketing purposes.

If you are a California resident and request information about how to exercise your third party disclosure choices, send a request to the following email address: [email protected].

European Union Privacy Rights

If you are a resident of the European Economic Area (“EEA”), in order to provide our Site, products, and services to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an adequate level of protection for your Personal Data.

By using our Site, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data that you provide directly to us on our Site.

If you are a resident of the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

Consent. By using our Site or Mobile Application, you consent to our collection, use, and sharing of your Personal Data as described in this privacy policy. If you do not consent to this privacy policy, please do not use the Site or Mobile Application;
Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your rights and freedoms and we do not process your Personal Data if your rights and freedoms outweigh our legitimate interests. Specifically, our legitimate interests are to: facilitate communication between ModeSens and you; detect and correct bugs and to improve our Sites; safeguard our IT infrastructure and intellectual property; detect and prevent fraud; promote and market our business; perform risk assessments; and develop our product and services;
To Fulfill Our Obligations to You under our Contract. We process your Personal Data in order to fulfill our obligations to you pursuant to our Contract with you to deliver our goods and services to you.
As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspection, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

European Union data protection laws may provide you with certain rights with regards to our processing of your Personal Data.

Access and Update. You can review and change your Personal Data by logging into the Site and visiting your “Account” page. You may also notify us through the contact information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. Please note that if you request access to your Personal Data other than through our Sites, you may be charged a fee subject to a maximum set by applicable law. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
Restrictions. You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing, but we have retained it as permitted by law.
Portability. To the extent the Personal Data you provide ModeSens is processed based on your consent, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used, and machine-readable format.
Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account, and we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.
Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods below. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements.

Data Security

We have implemented measures designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Sites. Any transmission of personal data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Data Retention Periods

ModeSens will retain your personal data for the entire time that you keep your account open. After you close your account, we may retain your personal data:

for as long as necessary to comply with any legal requirement;
on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

Changes in This Privacy Policy

If ModeSens decides to change its privacy policy, ModeSens will post those changes on ModeSens’s Site so ModeSens’s users can remain aware of what information ModeSens collects, how ModeSens uses it, and under what circumstances, if any, ModeSens discloses it.

Annotation

The ePrivacy directive requires an affirmative opt in for the use of cookies (other than essential cookies).
As originally drafted, this is not compliant with the requirements of GDPR to permit a user to receive services without consenting to marketing emails. Marketing emails are only permitted upon affirmative, opt-in consent.
GDPR requires an affirmative opt in for these types of communications.
GDPR requires opt-in consent and privacy by default.