We are strongly committed to protecting the privacy of your personal information. The policies below are applicable to the Modalsquare.com website ("Website") our mobile and desktop apps (the “Apps”) and all related sites, players, widgets, tools, apps, data, software, APIs and other services (the “Services”) produced and maintained by Modalsquare, DBA. (“IL”) (collectively "Company" or "we", "us", or "our") The Website, Apps and Services shall be collectively referred to as the “Platform” within this Privacy Policy. Please be advised that the terms "Company" or "we", "us", or "our" also includes Modalsquare, DBA which is an owner of certain branded channels operated by IL but that IL is the sole controller of all data collected to operate the Platform. The policies below are applicable to the Platform (however accessed and/or used), whether via personal computers, mobile devices or otherwise, and other interactive features, applications or downloads that are operated by us that are made available by us. We have established this privacy policy ("Privacy Policy") to let you know the kinds of personal information we may gather during your use of the Platform, why we gather your information, what we use your personal information for, when we might disclose your personal information, and how you can manage your personal information. Please be advised that the practices described in this Privacy Policy apply only to information gathered online via our Platform. It does not apply to information that you may submit to us offline, or to websites maintained by other companies or organizations to which we may link or who may link to us. The Company is not responsible for the privacy practices of these other websites, apps and services and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your Modalsquare.com account or sharing any personal data. By using or interacting with our Platform, you are accepting the practices described in our Privacy Policy and you are providing specific, informed and unambiguous consent to the use of your information in the manner set out in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use any part of the Platform. We reserve the right to modify or amend the terms of our Privacy Policy from time to time without notice. Your continued use of our Platform and our affiliate sites following the posting of changes to these terms will mean you accept those changes. If we intend to apply the modifications or amendments to this Privacy Policy retroactively, we will provide you with notice of the modifications or amendments. If you have any questions about this Privacy Policy or don't see your concerns addressed here, you should contact us by email at privacy@Modalsquare.com.
Company adheres to the highest standards of ethical practices in all of our operations and is dedicated to protecting the privacy of all visitors to our Platform. Our privacy policy is simple and transparent: except as disclosed below, we don't sell, barter, give away, or rent your personal information to any company outside of Company.
We collect information about you from various sources:
You do not need to provide us with any personal data in order to visit the Platform for a certain period of time (currently set at 30 minutes). However, after that period of time we require that you register for a IL account and, by doing so, you will be required to provide us with certain information:
Essential information: When you register any kind of IL account, you will need to provide your email address and choose a password. When using as social app/network to sign up for an account on the Platform, your first name, last name, UID and profile picture will also be collected as part of the process. In addition, if you purchase a Premium Subscription, you will also need to provide your billing address and payment verification information.
Profile information: There are no public profiles of our users on IL. However, you have the opportunity to provide the following information in connection with your personal profile on IL:
your business name;
your email address
In the event that we institute user generated advertisements, a curator profile will be publicly displayed which will include your chosen name, other profile information and a brief content description that will be provided by you along with links to your other playlists on the Platform.
Note: we do not utilize User Names for the user profiles, we simply use your email address.
None of this profile information is mandatory for simple use of the service under thirty (30) minutes in duration. After using the Platform for thirty (30) minutes, you will be asked to register an account and the information set out above will be required for its formation. If you do not wish to provide this information, please do not set up an account with us. Any information you do provide may be deleted, edited, changed or amended by you at any time within the setting tab in your account.
Information from correspondence: You will provide certain personal data if you contact us by email, use any of the webforms on the Platform, or contact us by mail, fax or other offline means.
Survey information: If you participate in any survey, you will provide certain personal data as part of your response, unless you respond anonymously.
Information that you post: You may provide personal data when you post comments, or contribute to community discussions.
There is certain information that we collect automatically as the result of your use of the Platform, or through the use of web analytics services as described in our Cookies Policy forming part of this Privacy Policy. This information includes but is not limited to:
the Internet Protocol (IP) address of the device from which you access the Platform (this can sometimes be used to derive the country or city from which you are accessing the Platform)
the site that you visited immediately prior to visiting the Website
the specific actions that you take on the Platform, including the pages that you visit, streaming, connecting your Facebook or Google+ account, sharing links related to the Platform with a third party, following or unfollowing another user, following of content and/or channels, posting a comment, or performing a search
any search terms that you may enter on the Platform
the time, frequency and duration of your visits to the Platform
your browser type and operating system
the nature of the device from which you are accessing the Platform, for example, whether you are accessing the Platform from a personal computer or from a mobile device and its device-ID
your location data (e.g. IP address) when using the Apps,
information collected through cookies and similar technology, as described in our Cookies Policy forming part of this Privacy Policy.
information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message.
If you purchase any of our paid subscriptions or make other purchases through the Platform, your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by our payment processors with which we work. We may also collect some limited information, such as your billing postal code and details of your transaction history, all of which are necessary to provide the services of the Platform. In addition, the payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they have stored, and your card’s type, expiration date, and certain digits of your card number. BY ACCEPTING THE PRIVACY POLICY, YOU EXPRESSLY AUTHORISE THE COMPANY TO USE AND SHARE WITH OTHER COMPANIES IN THE DIGITALLY IMPORTED GROUP, AS WELL AS CERTAIN TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE OF THE COUNTRY OF YOUR RESIDENCE (INCLUDING COUNTRIES WHICH DO NOT PROVIDE THE SAME LEVEL OF PROTECTION FOR THE PROCESSING OF PERSONAL DATA AS THE COUNTRY OF YOUR RESIDENCE), THE INFORMATION PROVIDED BY YOU TO THE COMPANY, EVEN IF SUCH INFORMATION IS COVERED BY LOCAL BANKING SECRECY LAWS. YOU ACKNOWLEDGE AND AGREE TO THE IMPORTANCE OF SHARING SUCH INFORMATION FOR THE PROVISION OF THE COMPANY SERVICE AND ALSO AGREE THAT, BY ACCEPTING THIS PRIVACY POLICY, WHERE APPLICABLE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHTS UNDER SUCH BANK SECRECY LAWS WITH REGARD TO THE COMPANY, ANY COMPANY IN THE DIGITALLY IMPORTED GROUP, AND ANY TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE YOUR COUNTRY OF RESIDENCE. THIS CONSENT IS GIVEN FOR THE DURATION OF YOUR RELATIONSHIP WITH THE COMPANY BUT MAY BE WITHDRAWN AT ANY TIME BY THE CANCELLATION OF YOUR SUBSCRIPTION WITH THE COMPANY.
We allow you to sign up and log in using your Facebook account. If you sign up using Facebook, Facebook will ask your permission to share certain information from your Facebook account with us. This will consist of your first name, last name, email address, profile picture and UID in order for us to verify your identity. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy. You can control the information that we receive from Facebook using the privacy settings in your Facebook account. If you sign up to the Platform using Facebook, your Company account will be connected automatically to your Facebook account but information regarding your activity on the Platform will only be shared with Facebook if you provide instructions to do so by clicking on the required boxes to confirm any sharing of your listening choices. If you signed up using Facebook by mistake, you can delete your account from the Account page within your settings at any time or you can contact us by email at privacy@Modalsquare.com.
You can sign up and log in to the Platform using your Google+ account. When you sign up using Google+, Google will ask your permission to share certain information from your Google+ account with us. This includes your first name, last name, email address, profile picture and UID in order for us to verify your identity. This information is collected by Google and is provided to us under the terms of Google's privacy policy. If you sign up to the Platform using Google+, information regarding your activity on the Platform will only be shared with Google+ if you provide instructions to do so by clicking on the required boxes to confirm any sharing of your listening choices If you signed up to the Platform using Google+ by mistake, you can delete your account from the account page within your settings at any time, or you can contact us by email at privacy@Modalsquare.com. Unless you provide comments to the Platform, submit information to Company, or register for updates from Company, we do not collect any personally identifiable information from you. If you submit comments or information or register to receive updates or send us e-mail, we utilize identifiable information about you that you have already provided to us (for example: in order to process a support ticket). Further if you contact us via a mobile device, we collect automatically the Member ID, App version, device type and operating system version to assist with any issue. That information is not stored in our data bases but is stored with our trusted third party support ticket handler and is subject to the terms of their privacy policy and terms of service. If you have any questions about this entity related to your data, please contact us by email at privacy@Modalsquare.com. We also collect and store information that you enter into the Platform or that you provide to any of our representatives, or in conjunction with requests for more information.
In addition, when you interact with the Platform, our servers may keep an activity log that does not identify you individually ("Anonymous Information"). Generally, this information is collected through "traffic data". We collect and store certain administrative and traffic information with each use of the service or Platform including: time of access, date of access, web page(s), software crash reports, type of browser used, session identification number, search terms, search results, access times and referring websites addresses.
We NEVER use or install spyware on your computer, nor do we use spyware to retrieve information from your computer. Like many other third party websites, we use "cookies", which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences. We use cookies to track use of our Platform and online services. We may also use cookies to monitor traffic, improve the Platform and make it easier and/or relevant for your use. You may occasionally get cookies from trusted third-party companies advertising on our behalf. We do not control these cookies, and these cookies are not subject to this cookie policy. If you do not consent to the use of cookies or other technologies, you have the ability to accept or decline them. Most web browsers automatically accept cookies or other technologies, but, if you prefer, you can usually modify your browser setting to decline them or you can use the tools we provide in your User Account settings to adjust your Ad Personalization under “Settings and Privacy”. Your choice to use the Platform without blocking or disabling cookies or opting out of other technologies indicates your consent to our use of these cookies and other technologies and to our use, in accordance with this Privacy Policy, of any personal information that we collect using these technologies.
This Platform is not directed at those persons under the age of 16 and who are located in the European Union (“EU”) countries and is not directed to children under the age of 13 in countries that are not part of the EU (a “Restricted Person”). Company does not knowingly collect personal information from persons specified in the first sentence of this section. If you are under 16 years of age and are located in an EU country or are under 13 years of age and located in a country outside the EU you must not use the Platform, and under no circumstance should you provide personally information to Company. If Company discovers that a Restricted Person has provided Company with personal information, Company will immediately delete that Restricted Person's information from the Platform. Your use of the Platform is your warranty to us that you are not a Restricted Person.
We use the information that we collect about you for the following purposes: Use of and interaction with the Platform:
To operate and maintain your IL account, and to provide you with access to the Platform that you may request from time to time. Your email address and password are used to identify you when you sign into the Platform. Your device-IDs are used to ensure that you are in control of the devices that have access to your Subscription.
To identify you as the creator of the comments that you post and/or the other contributions that you make to the Platform.
To seek your participation in surveys, and to conduct and analyze the results of those surveys if you choose to participate.
To provide you with technical support.
To respond to you about any comment or enquiry you have submitted.
To provide IL curators with data regarding people's listening behaviour of the Company radio shows, i.e. likes and dislikes but all anonymously.
To prevent or take action against activities that are, or may be, in breach of our Terms of Use or applicable law and to otherwise track your compliance with the Platform's rules and regulations.
To customize your account page: Any additional information that you provide as part of your Platform account profile, such as your real name, (but not your email address), will be published on your profile page. This information will NOT be publicly accessible.
To process payment for your subscription: If you purchase a Subscription, your name, address and payment verification information will be used to process your account subscription and renewals and to collect your payment. All payment verification information is transmitted using industry-standard SSL (Secure Socket Layer) encryption.
To service your account: Your email address will be used to send you service updates and notifications regarding your account, and (if you have elected to receive them using your account setting) newsletters, marketing messages and certain email notifications. For information about how to change your settings, and to unsubscribe from newsletters, marketing messages and email notifications, please see the “Email Settings” tab in the “My Account” section of your account on the Platform.
To help us personalize and continually improve your experience on the Platform. We use the information from one website on other websites in our network of partnering websites which together constitute the "Modalsquare NETWORKS" forming the Platform operated by Modalsquare, DBA. and owned by the entities set out above.
To enable third parties to carry out technical, analytical, logistical, advertising or other functions on our behalf.
Except as disclosed in this Privacy Policy, we do not use or disclose information about your individual visits to the Platform or your Personal Information collected online to any companies not affiliated with us.
In the event we plan to publicly post any of your Personal Information on a Website (as, for instance, a letter), we will request your permission to provide such posting.
Improving and customizing the Platform and advertising:
To analyze the use of the Platform, and the people visiting the Platform, in order to improve IL and customize it to your needs and interests.
To show you interesting IL ads, when you visit third party websites or use other apps with in-app advertising. When you see our ads on a third party website or apps, we or third party services we engage for this purpose, may collect information your browser or mobile app makes available when seeing the ad (e.g. ip-addresses, referral URL, browser details, timestamp of request). Third party websites or apps may also allow us to measure the success of our ads on their websites. This may include for example whether a click converted to an actual purchase of a Subscription. Please see the privacy policy of such third party websites to understand what data may be collected and how to opt-out.
To show you ads on behalf of advertisers, we use information that you make available to us when you interact with the Platform (e.g. by listening, liking or adding to the “My Collection” section of the Platform), including location data, together with information you provide to us through the Platform, e.g. demographic information, you choose to make available to us directly or through third party services as well as information your browser sends us when using the Platform (e.g. referral URLs, device type or location data). This allows us to show you ads that are more relevant and interesting to you. Please note that we do not share personal data with advertisers. Instead, advertisers pre-define a specific audience by certain generic criteria (e.g. the city of residence or the type of content listened to by an unidentified user) for a specific ad campaign. If your profile matches these generic criteria, we may choose to display a suitable ad to you. We may also display ads based on the content that you have recently viewed or searched. Before we may use location data from the app for the first time, your mobile device will generally ask you for permission first. In case you gave permission to do so, location based services in your device will collect location data for a couple of seconds. These will then be shared with us or a respective service provider. When we engage third party services such as ad-networks that enable us showing you interest based ads, we may also allow them to collect certain information such as cookie data from you. This information would allow these third-parties to deliver targeted advertisements that they believe will be of most interest to you. If you allow third party websites to collect and share data when you interact with their platform, ad-networks may use that information together with the information we allow them to collect on the Platform. Please see the privacy policy of such third party websites to understand what data may be collected and how to opt-out.
To customize your use of the Platform and/or the content of any email newsletter or other material that we may send to you from time to time. For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal data.
We use Anonymous Information to help us determine how people use parts of the Platform and who our users are so we can improve our Platform and ensure that it is as appealing as we can make it for as many people as possible. We also use Anonymous Information to provide statistical "ratings" information in aggregated form to our partners and other third parties about how our users collectively use the Platform. We may also use or share Anonymous Information (or other information, other than Personal Information) in any other manner that we deem appropriate or necessary.
We have third party agents, subsidiaries, affiliates and partners, that perform functions on our behalf, such as hosting, billing, marketing, analytics, providing customer service, fraud protection, advertising services, etc. These entities have access to the Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that Personal Information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the Platform.
We may share non-personal information with our partners and others from time to time. Examples of such non-personal information include the number of users who utilized our Platform during a specific time period. This information generally is shared in an aggregated form.
We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Platform; (b) protect and defend our rights or property, the Platform or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Platform or the public.
The importance of security for all Personal Information associated with you is of utmost concern to us. We exercise great care in providing secure transmission of your information from your device to our servers. Personal Information collected by our Platform is stored in secure operating environments that are not available to the public. To the extent that you purchase something from the Platform, we reveal only the last four digits of your credit card numbers when confirming your order to you. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. While we try our best to safeguard your Personal Information once we receive it, no transmission of data over the internet or any other public network can be guaranteed to be 100% secure.
This Platform may contain links to other websites operated by affiliates of Company or third parties. Please be advised that the practices described in this Privacy Policy for Company do not apply to information gathered through these other websites. These other sites may also send their own cookies to you, collect your data or solicit your Personal Information. Always be aware of where you end up. We are not responsible for the actions and privacy policies of third parties and other websites. We encourage you to be aware of when you leave this Platform and read the privacy policies of each and every website that you visit.
The Platform is published in the United States. We make every effort to protect the personal identifiable information of all users of the Platform. We attempt to comply with local data protection and consumer rights laws to the extent they may apply to the Company services. If you are uncertain whether this privacy policy conflicts with the applicable local privacy laws where you are located, you should not submit your Personal Information to Company. We may change its ownership or corporate organization while providing the Platform and services. As a result, please be aware that we may transfer your information to another Company that is affiliated with us or with which we have merged. Under such circumstances Company would to the extent possible require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time.
If you are located within the European Union, you should be aware that your Personal Information will be transferred to the United States of America, the laws of which may be deemed by the European Union to have inadequate data protection. If you are located in a country outside the United States of America and voluntarily submit personal information to us, you thereby consent to the general use of such information as provided in this privacy policy and to the transfer of that information to, and/or storage of that information in, the United States of America.
We are committed to maintaining its position as a leading digital services platform on the internet. As our Platform continues to develop, we may add new services and features to our Platform. In the event that these additions affect our Privacy Policy, this document will be updated appropriately. We will post those changes prominently so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. We do, however, recommend that you read this Privacy Policy each time you use our Platform in case you missed our notice of changes to the Privacy Policy. We will never, however, materially change our policies and practices to make them less protective of customer information we have previously collected without your express consent.
You can withdraw your consent to the manner in which your data is used by the Company at any time. You may always opt out of receiving future e-mail messages and newsletters from Company. Please visit the Settings tab found at your user account to withdraw consent or to update or correct your Personal Information. To request the deletion of your entire account, please send an email with the phrase “Please Delete Account" in the subject line to privacy@Modalsquare.com.
California Civil Code Section 1798.83 permits customers of Company who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, send an email to privacy@Modalsquare.com.
We will keep and use your data as described in this Privacy Policy for (i) as long as your account is in use, is open, or is active; (ii) as long as is necessary to comply with any tax, legal, and/or other regulatory requirements; and (iii) to protect and defend against potential legal claims. If you would like to request the deletion of your personally identifiable information or request that it be returned to you, please contact us at privacy@Modalsquare.com. By deleting your data from the Platform, you understand that you will no longer be able to use our Services. We will retain your anonymized, aggregated, depersonalized data after it has been deleted from the Platform.
The Data Controller for the Platform and any services provided through them is:
Modalsquare, DBA. 7014 13th Avenue, Suite 202, Brooklyn, New York, 11228