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Mode Privacy Policy

Last Updated July 22, 2022

Mode Analytics, Inc. (“Mode”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. Accordingly, this Privacy Policy describes the personal information and certain other information obtained through the Mode website (the “Site”) or through our data analysis product (the “Service”). Further, this Privacy Policy details how we use such information, the means by which we maintain it, and the choices you have about the information.

For the purposes of this Privacy Policy, the Site refers to the website located at https://mode.com.  

Note that by accessing this Site or the Service, you accept the practices and terms set forth in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site or the Service.

This Privacy Policy may change from time to time (see Changes below). Your continued use of the Service after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates. If you have any questions about our privacy practices, please contact us as set forth in the Contact Us section below.

Collection of Personal Information

When you visit the Site or use the Service, we may collect or receive personal information about you to provide the Service and operate our business. The types of personal information we may collect about you include:

  1. Information You Provide to Us Directly

    1. User Profile – When you sign up for a Mode account, we collect basic information about you. This includes information such as name, email address, and password. You may also set up your profile on the Service and submit certain information to be displayed on your profile. This may include a photo of you, a short bio, links to your presence on other social media sites, and other information you think other users might want to know about you. The information you submit for display in your profile, including any personal information, may be viewable by other users of the Service based on the type and configuration of your Mode account.

    2. Uploaded Content – As a registered user of the Service, you may upload data to the Service or post various queries, comments, analyses and other content on the data or work made available on the Service by other users. This content you provide to the Service (“Your Content”) will be viewable by other users of the Service in accordance with the privacy settings you specify when uploading, posting or otherwise creating Your Content on the Service in either Mode’s public or private function, as described in ourTerms of Service. If Your Content is posted in Mode’s public function, Your Content is deemed a contribution to the community, and Mode will treat such information as public information.

    3. Payment Information – When you register for the premium Service, which is described more fully in our Terms of Service, we may collect all the information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.

    4. Surveys or Promotions – From time to time, we invite our customers and users to participate in surveys, promotions or contests. When a customer or a user participates, we request certain personal information such as name and email address.

    5. Correspondence - If you correspond with us via email, we may gather in a file specific to you the information you submit. This includes information provided for support purposes.

  2. Information Collected Automatically We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Service. This information may include:

    1. Technical Information – We collect technical information associated with your activity on our Site and may include information related to your browser and operating system, IP address (the Internet address of your computer), unique device identifiers, and other information such as your device type.

    2. Site Usage Information – We collect information to better understand customer traffic patterns and Site usage. This may include the webpage that you were visiting before accessing our Site or mobile application, the pages or features of our Site or mobile application you browsed to inform us which part of our Site, app and Service you visit, and how much time you spend there.

    3. Site Preferences and Cookies – We collect information about your preferences to make your use of the Site more productive through the use of cookies. Cookies are intended to make using the Service and this Site easier by, among other things, saving your preferences for you. For details of how we use cookies for this purpose, please review our Cookie Policy.

  3. Information Collected From Third-Party Services We implement certain third-party offerings in the Service, enabling such third parties to collect information about you or your online activities across different websites and over time through your use of the Service. This includes enrichment information in support of direct marketing campaigns. Information collected may include, but is not limited to, personal information such as demographic data, social media profiles, and contact information.

Use of Your Personal Information

We may use the information we collect or receive about you for the following purposes:

  1. To Provide You With the Service We use your information to provide the Service to you. For example, we use credit card information to complete a transaction, and this information may be shared with third party vendors that process and fulfill your purchases. When you submit credit card numbers, the information is processed by our third party vendors.

  2. To Maintain, Improve, and Personalize the Service

  3. We use technical information about your visits for diagnostic and statistical purposes and to administer our Service. Your usage information is also used to analyze and improve our Site, to enhance and improve the quality of our Service, and to provide our customers with a better user experience. We may use your Site preferences in aggregate form to help diagnose problems with the Site and Service and to improve and personalize the Service. For example, we may use cookies to deliver content tailored to your interests. For Security Purposes We may use technical and site usage information to identify malicious or otherwise anomalous activity.  

  4. To Communicate with You We may also use the information you provide to communicate with you, provide recommendations, and promote the Service.  You may choose to opt out from receiving non-essential communications by using the opt-out mechanism within an email or by contacting us at privacy@modeanalytics.com. 

  5. For Our Business Purposes We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.

Sharing of Your Personal Information

We may disclose personal or other information collected about you through the Service or this Site in any of the following situations:

  1. Authorized Users of the Service  Your profile information, Your Content, and other technical information relevant to your use of the Service may be shared with other users of the Service depending on the type and configuration of your Mode Account, and your designation of Your Content (see Collection of Personal Information).  

  2. Affiliates and Service Providers  We may disclose information that we collect about you to our corporate affiliates, and to third-party contractors who perform services for Mode in connection with the Site and/or the Service. We contractually require these affiliates and third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. Information about you collected by third-party services integrated with the Site or the Service may be disclosed to such third parties.

  3. The Public  We may provide functionality that enables you to disclose personal information to the public. For example, any information submitted using Mode’s public function will be accessible not only by other Service users, but by the public. We do not control how other users or the public may use any personal information that you make available.

  4. In Aggregate  We may disclose the results of aggregated data derived from your use of the Site or the Service without restriction. Such aggregated information cannot be used to personally identify you.

  5. Corporate Transaction  We may disclose information about you as part of a merger, acquisition or other sale or transfer of all or substantially all of Mode's assets or business (or a potential corporate transaction).

  6. When Required by Law We may disclose information about you to the government or to third parties under certain circumstances when legally obligated to do so. We reserve the right to release information collected through the Service or this Site to law enforcement, public authorities or other government officials as deemed necessary in our sole discretion.

  7. Enforce our Terms  We may disclose any information that we believe is necessary to enforce or apply our Terms of Service and other agreements; or to protect the rights, property, or safety of Mode, our employees, our users, or others.

  8. With Your Consent  We may disclose information for any other purpose with your consent.

Security of Your Information

Security is very important to us. We encourage you to read our security documentation, available here.

To help protect the privacy of data we collect through the Service, we employ measures intended to be consistent with industry best practices for security and encryption of data transmission and storage. However, you should keep in mind that the Site and the Service are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. We process payments securely using an industry-standard payment gateway, and do not store any billing information on our own servers. Please also be aware that despite our best efforts to ensure the security of your data, we cannot guarantee that your information will be 100% secure. We are not responsible for the circumvention of any privacy settings or security measures contained in the Service.

Please recognize that protecting your personal information is also your responsibility. If you have reason to believe that the security of your account might have been compromised (for example, your password has been leaked), or if you suspect someone else is using your account, please let us know immediately by contacting security@mode.com.

Data Retention

Mode will retain your personal information only for as long as reasonably necessary for the purposes described in this Privacy Policy. Please be aware that we may also be required to retain your personal information for legal and accounting reasons. In addition, for our records, we may retain original and updated information for reasons such as technical constraints, dispute resolution, fraud prevention, troubleshooting and agreement enforcement, or in other cases where we reasonably believe that we have a legitimate reason to do so.

Your Rights and Choices

Various privacy laws grant privacy rights only to individuals within the scope of those privacy laws, and not to other individuals outside the scope. Mode is committed to complying with the requirements of all privacy laws; but at the same time, we believe that privacy is a right for every user, regardless of whether such user is covered by the mandates of specific privacy laws, and we therefore grant you the following rights:

  1. Right to Know – You have the right to know the personal information we collect, use, and disclose about you. This includes the right to know the categories of personal information that we have collected; the categories of sources; the business or commercial purposes for which we process your personal information; the categories of recipients with whom we have shared your personal information; and whether we have disclosed your personal information for a business purpose, and if so, the categories of personal information received by each category of third party recipient.

  2. Right to Access - You have the right to receive your personal information in a structured, commonly used and machine-readable format and the right to transmit your personal information to another service provider without hindrance from Mode.

  3. Right to Delete – You have the right to request that we delete any personal information we have collected from you or maintain about you. We may save personal information when permitted by applicable law including, without limitation, when the information is needed for a legal purpose or as required under our Terms of Service.

  4. Right to Update and Correct – If you are a registered user of the Service, you may modify and correct certain of your personal information. This includes the addition or removal of certain personal information (except your name, email address, username and password, which we require of all users to maintain their accounts), as well as your preferences for the types of communications you receive from us.

  5. Right to Opt-Out of Cookies – You have the right to decline to receive or opt out of our deployment of cookies on your browser, other than cookies that are strictly necessary for the Site to operate.

  6. Right to Non-Discrimination – Mode will not discriminate against those who exercise their rights. Specifically, if you exercise your rights, we will not deny you access to the Service, charge you different prices for the Service, or provide you a different level or quality of the Service.

  7. Right to Object or Restrict - At any time, you may object to the processing of your personal information, or request us to restrict it, on legitimate grounds, except if otherwise permitted by applicable law.

If you would like to exercise any of these rights, you may submit a request to ushere. If you would like to opt-out of our use of cookies, please review our Cookie Policy to adjust your preferences. To exercise any other rights, you can send us your request at the email or postal address provided below in the Contact Us section. We reserve the right to confirm your identity in order to process your requests. Please note that these rights are not absolute, and in certain cases the applicable law may require or permit Mode to retain certain personal information or otherwise deny a user request.

Third Party Sites

This Privacy Policy only addresses the use and disclosure of information collected from you by Mode through this Site or the Service. You should be aware that when you are using the Site or the Service, you may be directed to other websites that are beyond our control or interface with third-party integrated services. These third parties may collect information about you when you visit their websites. Mode is not responsible for the privacy practices of third parties, regardless whether they are linked or otherwise connected to this Site or the Service. We encourage you to read the posted privacy policy of the third party whenever interacting with any third-party website or other offering.

Children

The Service and this Site are not directed to children under 16 years of age. If you are a parent or guardian and learn that your minor child has provided us with personal information without your consent, please contact us, and we will delete such information.

California Residents

California law grants additional privacy rights to California residents. In particular, the California Consumer Privacy Act (“CCPA”) requires businesses to disclose, for the past 12 months, (i) the categories of personal information collected, (ii) the sources of the collected personal information, (iii) the purposes for which the collected personal information is used, (iv) the categories of personal information disclosed for a business purpose, and (v) the categories of any personal information sold. 

Pursuant to the CCPA, below is a summary of the personal information for the preceding 12 months that we collected about “consumers” as defined under the CCPA, the business or commercial purposes for which we collect this personal information ( see Why We Collect Personal Information), where we obtain this personal information (see Sources of Personal Information), and the categories of third parties with whom we may share consumer personal information (see To Whom May We Disclose Personal Information). The section references relate to the sections above in this Privacy Policy. We have not sold your personal information in the preceding 12 months.

Personal Information Collected

Sources of Personal Information

Why We Collect Personal Information?

To Whom May We Disclose Personal Information?

Identifiers such as a name, address, unique personal identifier, email, phone number

Section 1

Section 2

Section 3

Commercial information such as records of products or services purchased, obtained, or considered as well as records of surveys, promotions and correspondence

Section 1

Section 2

Section 3

Internet or other electronic network activity information, including browsing history and search history

Section 1

Section 2

Section 3

Financial information such as your payment card information

Section 1

Section 2

Section 3

Inferences such as how you interact with our Service

Section 1

Section 2

Section 3

You may contact us to exercise your rights under California law, including your rights to access/know your information and to delete your information, at privacy@modeanalytics.com. To ensure the privacy and protection of individuals, we are required to verify your identity (or that of your authorized agent) or otherwise authenticate your request(s), which we will do in accordance with the CCPA regulations. Please note that, under the CCPA, we are not required to grant a request to access/know or a request to delete with respect to personal information obtained from you in your role as an employee, owner, director, officer or contractor of a company and within the context of Mode providing its services to such company.

Non-US Residents

  • International Transfers

We are a global business based in the United States, and we may transfer data globally to be processed by us or our service providers in order to provide the Service to you or for such other purposes as set forth in this Privacy Policy. If you are not a resident of the U.S., you hereby consent and agree that we may collect, process, use, and store your information, as discussed in this Privacy Policy, outside your resident jurisdiction, including in the U.S. Please be aware that U.S. law and the laws of other countries where we may store and process your information may offer different levels of protection for information than may be available in your country.

If we transfer your information out of Europe or the United Kingdom to a country not deemed by the European Commission or the UK Information Commissioner to provide an adequate level of personal data protection, the transfer will be performed:

  • pursuant to the recipient’s compliance with the standard contractual clauses or Binding Corporate Rules;

  • pursuant to the consent of the individual to whom the personal data pertains; or

  • as otherwise permitted by applicable European data protection law requirements.

You may contact us if you want further information on the specific mechanism used by us when transferring your information out of Europe.

  • GDPR and DPA

If you are a resident of the European Union or the United Kingdom, you are entitled to certain information and have certain specified rights. Mode is committed to compliance with the European Union’s General Data Protection Regulation and the United Kingdom’s General Data Protection Regulation (collectively, the “GDPR”) as applicable. If you or your organization is required under the GDPR to enter into a data processing agreement (“DPA”) with Mode, you may review it at https://mode.com/dpa/.

If you believe that our processing of your information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country, as further described in the Contact Us section below.

For purposes of the GDPR, we are a “controller” and you are a “data subject.” 

Changes

Mode reserves the right to update or modify this Privacy Policy from time to time, with any such changes to be effective prospectively. Please visit this page periodically so that you will be apprised of any such changes. Your continued use of the Service or the Site after any modification to this Privacy Policy will constitute your acceptance of such modification.

Contact Us

Mode’s Data Protection Officer (“DPO”) is responsible for overseeing our privacy practices. If you have any questions or concerns about this Privacy Policy or our privacy practices, or wish to exercise your rights, please contact our DPO by:

  • Mail: Mode Analytics, Attn: Privacy Officer, 208 Utah St., Suite 400, San Francisco, CA 94103

  • E-mail: privacy@modeanalytics.com

EU residents may submit a complaint to the data protection regulator in their jurisdiction. You can find your data protection regulator here.

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