PRIVACY POLICY

Last Updated 15 July 2020

Moda Operandi, Inc. (together with our affiliates and subsidiaries, “Moda”, "we", "us,", or "our”) created this Privacy Policy because we care about your privacy and we understand that you want to know how the information we collect from and about you when you visit our website located at www.modaoperandi.com (the "Site"), access our mobile applications ("Mobile App"), purchase any of our ("Products"), visit our showrooms, attend our events, or use any of our services, features, or other offerings (collectively, the “Services”), and how that information is used, stored, and shared.

By visiting our Site, using our Mobile App, purchasing our Products, or using our Services, you agree to this Privacy Policy. For questions about our Services, or other requests not pertaining to data privacy, please see our Terms and Conditions.

Information We Collect & How We Use It

Except as provided in this Privacy Policy, we do not share or sell your personal information. We collect and use information as described in this Privacy Policy, and we may also disclose your personal information with your permission.

Customer Submitted Information

Contact and Registration Information

We collect certain information on our Site and Mobile App from visitors and customers who wish to obtain information or support, to purchase our Products, or to use our Services (e.g., booking a Showroom or Customer Acquisition Appointment). Information we collect may include your username and password, and contact information, such as, first name, last name, shipping address, telephone number, and email address ("Registration Information") or other information that you submit to us. Registration Information is used to establish an account, and/or provide the requested Product, Services, or information, and to contact prospective and current customers for purposes of direct marketing of our current and future products and services. When you request and/or agree to receive marketing emails, newsletters, or similar communications, or when you have purchased Products or Services, or expressed interest in such Products or Services (e.g., by attending a showroom or customer acquisition appointment), we will use your Registration Information for purposes of direct marketing of our current and future Services, and to send you other communications via email or SMS, such as for information and operational purposes (including, but not limited to, account management, customer service, or system maintenance).

Billing Information

If you wish to purchase a Product or Service through the Site or Mobile App, you will be required to provide information which may include a billing address, payment method, credit card number, expiration date, card verification value, and similar information ("Billing Information"). We directly collect and use Billing Information to support our checkout process and improve our Services, such as personalizing your checkout process and options. Billing Information is collected and processed by our third-party payment processor operating as our agent.

Customer Purchase Data

We collect and use the information we have about your past purchases and browsing habits to create customer profiles. We use these profiles to deliver personalized user experiences. You may opt out at any time from the use of your personal information for segmentation and profiling purposes, and/or being provided a different customer experience based on your profile. For more information please see "Your Rights" below.

Customer Relationship Data & Customer Submitted Information

We use an internal customer relationship management (“CRM”) system, currently called "Stylist Suite", to access and use order history information as well as Product and interaction preferences. Our private client advisors or our other team members may also request and receive from you personal characteristics information, such as your measurements, style and fit preferences, birthday, and other communications between you and Moda Operandi or those acting on our behalf (collectively, “Customer Relationship Data”) to help us provide you with our Products and Services. Any personal information provided to/or collected by us will be used to provide our Products and Services in accordance with this Privacy Policy. You may request that we delete your Customer Relationship Data. To submit a request, please see "Your Rights" below.

We also collect information that you submit to us, such as when you communicate with our Care team, private client advisors, or other Moda employees, representatives, agents, or third parties on our behalf. If you choose to submit content to any public area of our Services, such content will be considered “public” and will not be subject to the privacy protections set forth herein. In addition, from time to time we may contact you to participate in optional surveys—if you do decide to participate, you may be asked to provide certain information, which may include personal information.

Passive Data Collection

When you use our Services, we may passively collect a variety of information about you, your devices, and your interactions with our Services.

Logging

Like many websites and digital services, we (or third parties acting on our behalf) automatically receive and record certain information about visitors and users of our Services. Our servers and IT applications automatically collect certain information on traffic, usage and patterns, and store it in log files. The information we collect for this purpose includes IP addresses, user agent information (such as your browser type), internet service provider, entry/exit pages, date and time stamps, clickstream information, and other session activity. We aggregate and analyze this information so we can better understand trends, administer and improve the Services, and make certain decisions in the interest of our customers.

Cookies

We use cookies and similar technologies to help us collect information about your use of our Services. Cookies are small files sent to your device by us that help us tailor our Services to your use. A cookie is unique to your browser. Some cookies are session-based and only last while your browser is open, while others are persistent and last until you or your browser deletes them.

We use cookies for a number of reasons to help us better personalize your experience and improve our Services. Some cookies may be necessary for us to provide you with certain features or the Services that you request, such as logging into your account—if you disable these cookies, certain features or Services may not function as expected. We also may use cookies to record some of your choices and settings, which help us personalize your experience with our Services (for example, remembering your name on our Site). Some of the cookies from our Site and Mobile App come from companies that help us process data or provide us with certain services, such as performance and analytical insights. For more information about our use of third-party cookies, please see the "Information Collected by Third Parties" section below. To learn more about cookies and how to manage or delete them, please visit https://www.allaboutcookies.org/

We may also use web beacons or other technologies to help us manage content on the Site and in the Services, for example, to track what content is effective. We may use these technologies to track online movement of our customers and visitors/users to our Site or Mobile App, but in contrast to cookies (which are stored on a local hard drive), these technologies are embedded in our Site or the Mobile App. We may also use these technologies in our emails to see what emails are opened so we can gauge the effectiveness of certain communications, such as our marketing campaigns.

Aggregated Data

In an ongoing effort to better understand our users and usage of our Services, we may analyze, use, or disclose your information in anonymized and aggregated form (“Aggregated Data”) for any purpose, including, but not limited to, operating, maintaining, managing, and improving our Services, marketing, improving our Products, and sharing such information with our agents, business partners, affiliates, or any other third party. This Aggregated Data does not identify you personally. We may also disclose Aggregated Data and related user statistics in order to describe our Services to current and prospective business partners and to other third parties for other lawful purposes.

Internal and Services-Related Usage

We use your information to continue improving and developing Products and Services that we may offer you, and to optimize your experience with us. We use and retain information, including personal information, to analyze, improve, and facilitate the development of our Services, including: to analyze interactions with and performance of our Services; to better understand your use of the Services and of our customers and visitors in the aggregate; to debug and identify errors that impair functionality; to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; for research and development; and to improve, supplement, or enhance our Services, or develop new products and services.

Displaying to Other Customers or Users

Any content that you post in a publicly viewable forum through our Services (for example, in a public chat, forum, or in a Product review) may be publicly displayed on our Site, Mobile App, or through our Services and viewable by third parties. Other customers or visitors may be able to see some or all of the content that you post and other information about you, such as your name or username that you use to post such information. Moda is not responsible for the content that you post or the privacy practices of other visitors or customers who may view and use information that you post.

Information From Third Parties

We may collect information about you from third parties or supplement the information we collect from you with additional records received from third parties. We also collect information from third parties in order to enhance our ability to serve you, to tailor our content to you, to offer you information that we believe may be of interest to you, and to inform our commercial and operational decisions.

Information Collected by Third Parties

We use one or more third-party services on the Site and the Mobile App (such as Google Analytics and Google Optimize) to evaluate your use of the Site and Mobile App, compile reports on activity (based on the collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Site and Mobile App you visit, number of links clicked, search terms, and other similar usage data), and/or analyze performance metrics. We use these third parties’ cookies and other technologies to help collect, analyze and provide us with reports and/or data. By accessing and using the Site and Mobile App, you consent to the processing of personal information and usage data about you by these third-party providers in the manner and for the purposes set out in this Privacy Policy

For more information on these third parties, including how to potentially opt-out from certain data collection, please review the section on "Your Rights" below.

Remarketing & Advertising

We partner with third-party advertising companies and marketing organizations (“Ad Network Partners”) to either display advertising on our Site which we believe will be of interest to you, or to display our advertising on other sites. Our Ad Network Partners use cookies and web beacons (for example, pixels) and may collect certain data typically associated with online identifiers, including your email, email hash, user ID, session ID, cookie ID, browser type, mobile device, referring URL, member ID, city, country, demographic data, and information about your activities on this Site and other web sites to provide you targeted advertising based upon your consumer profile. For example, we may use a tag management system (tags are another name for web beacons or pixels, which enable us and third parties to recognize cookies on your browser). Please see below for more information on how to opt-out.

Social Media Platforms and Interactive Features

Our Services may include or contain certain social media or other interactive features provided by various third party platforms, such as the ability to share to Facebook, create a Pinterest board, or view and engage in a live-streamed event These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These features are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it. If you already use these features or platforms, their cookies may be set on your device when using the Services.

You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform, or otherwise online, or that you share in an open forum, may be viewed and used by others without restriction. We are unable to control the uses of such information, and by using such third-party services you assume the risk that the personal information provided by you may be viewed and used by third parties for any purpose.

How We Disclose Your Information

Service Providers

We may engage other companies to perform, and we may disclose personal information to them for use in, research services and certain business-related functions, such as database management/backup services, customer support, maintenance, security, data analytics, communications, shippers (3PLs), mail centers, promotional and marketing partners, sweepstake and contest operators, advertising, payment processing services, customer service, data hosting services, IT support services, and sales and customer support companies. These service providers agree to use your personal information only in accordance with our instructions, with information used only as described in this Privacy Policy and for no other purpose than to provide the contracted-for services.

Our Affiliates

We may share your personal information with our affiliates, which may include a parent company, subsidiaries, joint venture parties, or other companies that we control or are under common control with us, in which case their use of your personal information will be treated in accordance with this Privacy Policy.

Public Authorities

We may access, preserve, and disclose personal information and any other information if we believe doing so is required or appropriate to comply with laws, regulations, law enforcement requests, and to comply with other legal processes, such as a court order, government request, or subpoena, including for the purpose of meeting national security or law enforcement requirements.

Protecting Our Rights

We may also use or disclose any information, including personal information, where appropriate or necessary for us to: prevent or address violations of the Terms of Service, this Privacy Policy, or our other agreements; protect our, your, or others’ rights and/or property, or the safety; maintain and protect the security and integrity of our Products and Services or infrastructure; protect ourselves and our Services from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against claims or allegations; or assist government authorities.

Business Transfers

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, we expect that information that we have collected, including personal information, would be transferred to one or more surviving or acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy. This policy shall be binding upon Moda Operandi and its legal successors in interest.

Retention of Personal Information

We will retain information for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, subsequently authorized, as necessary or appropriate to provide the Services, and for business continuity purposes. We also retain information as permitted or required under applicable law to comply with applicable law, to resolve disputes, and to enforce our rights and agreements.

Your Rights

Depending on your geographic location or place of residence, you may have certain statutory rights in relation to your personal information. You may have the right to request access to your information, to seek to update it, to correct it, or delete your personal information where it is inaccurate or has been processed in violation of this Privacy Policy.

If you are a Moda Operandi customer, you may review and make changes to certain of your personal information and related preferences through your customer account. In addition, you may also send a request to privacy@modaoperandi.com to inquire about, address, or update personal information that we may hold about you (please note that we may need to verify your identity to process such a request). We may not be able to alter or delete certain personal information if we are required to retain it to provide you with Services that you have requested or for us to fulfill other obligations to you, for security reasons, to comply with applicable law or regulations, for internal business, or other valid reasons.

Submit an Information Request

For any questions or requests pertaining to your information at Moda please contact us at privacy@modaoperandi.com, or by calling our Customer Care Center at 1 (800) 707-9898 (the “Care Number”).

Marketing Emails & Communication Preferences

You may opt out at any time from the use of your personal information for direct marketing purposes, and/or the transfer of your personal information to third parties for direct marketing purposes by emailing the instructions to privacy@modaoperandi.com, or by calling the Care Number.

You may also manage your receipt of marketing and non-transactional communications by clicking on the "Unsubscribe" link located on the bottom of any Moda Operandi marketing email and following the instructions found on the page to which the link takes you. Note that you cannot opt out of receiving transactional emails related to the Services, as well as certain communications regarding changes to the Services or other information about your use of the Services.

"Do Not Track" Signals

At this time, our Site, Mobile App, and Services are not configured to read or respond to "do not track" signals from your browser or user agent.

Remarketing and Tailored Advertising

As described elsewhere in this Privacy Policy, we may partner with advertising companies to place our advertising on third-party websites or to display our advertising on other websites. Below is a list of Ad Network Partners that we may use; however, it may be subject to change based on the campaigns that we run. You may use the link next to the companies listed below to learn more about them and, if available, how to opt-out from such company serving you targeted ads. Please note this does not-opt you out of being served advertising generally, and you may continue to receive generic ads.

You may learn more about interest-based advertising from the below links; further, provided that any such company is a member of the below self-regulatory bodies, you may be able to effectuate your opt-out here as well:

California Residents & CCPA

Under the California Consumer Privacy Act (“CCPA”), California residents (referred to in the CCPA as “consumers”) have certain rights regarding their personal information, including the right to obtain certain information about the types of personal information that we collect and have shared with third parties for direct marketing purposes, and the right to request access to or deletion of their personal information. California residents also have the right not to be discriminated against by a business on account of exercising privacy rights provided by the CCPA.

In accordance with the CCPA, we provide below a chart with a summary of personal information that we have collected from or about you in the past twelve (12) months, as well as the sources of that information, the business purposes of collection, and the third parties with whom we shared such personal information:

Category of Personal Information

Sources of Personal Information

Business Purpose

Categories of Consumers

How we share it

Identifiers (anything that can identify a person or device over time)

- Information submitted to us by our users or customers, or by our users or customers via our stylists and business partners ("User-submitted information")

- Passive data collection

- To provide the Services

- For internal research, marketing, billing, account creation, purchase tracking, site design, and for security (such as to analyze and detect unauthorized activity)

- Consumers who use our Services (including via our stylists and business partners), consumers who opt-in to our marketing content, consumers who purchase our goods, and consumers who attend our events

- With our business partners and service providers

Personal Information under CCPA (billing information like address and card info, name, address)

- User-submitted information

- To provide the Services, including billing/payment processing.

- We also use this information for marketing, account creation, purchase tracking, and for internal research

- People that use our site and Services, purchase goods from us, and people who attend our events.

- With our business partners and service providers

Protected Classifications

- User-submitted information

- For marketing purposes

- Anyone that receives marketing content or uses our website

- With our business partners and service providers

Commercial Information (for example, purchases and transaction history)

- User-submitted information

- To transact with our customers

- People who buy goods from us or use our Services

- With our business partners and service providers

Biometric Information (for example, your measurements

- User-submitted information

- To provide the Services

- People who use our Services (including via our stylists)

- We don’t share

Electric network activity

- User-submitted information

- Passive data collection

- To transact with our customers, improve our digital services

- To personalize the content presented to individuals

- Visitors to our Site and Mobile App, and customers that purchase our goods

- With our business partners and service providers

Geolocation data

- Passive data collection

- To provide the Services

- For internal research, including to enable promotions and for us to develop the Services

- To help us determine pricing, such as proper taxation

- People who use our Services

- With our business partners and service providers

Sensory Information (audio, electronic, visual, thermal, olfactory or similar)

- User-submitted information, such as calls to our customer care phone number

- Internal training purposes

- Consumers who call us directly

- We don't share

Professional or employment related

- User-submitted information

- N/A

- N/A

- N/A

Education information

- User-submitted information

- N/A

- N/A

- N/A

Inferences drawn from any personal information collected

- User-submitted information

- Passive data collection

- To provide the Services

- For internal research so we can better understand how users interact with our Services and our Products

- Consumers who use our Services, and Consumers who purchase our Products.

- With our business partners and services providers

If you wish to submit a request pursuant to your rights under CCPA, California residents may contact us, either (a) via email at privacy@modaoperandi.com or (b) at the Care Number (1 (800) 707-9898).

Please note that if we receive a consumer request from or about you, we are required to verify that the request is actually coming from you (or someone legally authorized to act on your behalf). In order to verify the identity with respect to such a request, we have implemented appropriate authentication procedures. Our authentication procedure may include the use of information we already have collected about you and/or questions and requests for information. If we collect personal information to verify your identity, we will only use that information for the purpose of completing verification. If we are unable to verify your identity, then we will not fulfill your consumer request, We will acknowledge your consumer request within 10 days of receipt and, provided that we are able to verify your identity, we will endeavor to respond to your consumer request within 45 days of receipt. If we need additional time to respond to your consumer request, we will notify you and provide the reasons for the extension.

How to Opt-Out From Third Party Services

California Customers may opt-out of our Third Party collection services on our Site by clicking “Decline” on the Cookie Consent Banner that appears at the bottom of your screen. Please be advised that if you opt-out of any service, you may not be able to use the full functionality of the Site and the Mobile App. If you do decide to opt-out of third party data collection, we may use a third-party to process this request, and by using clicking “Decline” on the Cookie Consent Banner that appears at the bottom of your screen, you consent to the use of this third-party cookie for the sole limited purpose of processing and performing your opt-out request.

No Sale of Personal Information

We do not sell, and have not sold within the past twelve (12) months prior to the effective date of this Privacy Policy, personal information of consumers, as those terms are defined under the CCPA.

Children

The Site and our Services are not intended for, or directed to, children under the age of 16, and children should not use our Services or the Site for any purpose. We do not knowingly collect personal information about children under the age of 16, and we ask that individuals under the age of 16 not submit any personal information to us. If we learn that we have collected or received personal information from a child under the age of 16, we will delete that information.

If you are the parent or legal guardian of a child under 16 years of age who you believe has registered for our Services or otherwise provided us with personal information, please contact us at privacy@modaoperandi.com and request that such information be deleted. In addition, if you believe that we may have inadvertently collected any personal information about a child 16 years of age or younger, please contact us at privacy@modaoperandi.com.

Links to Other Websites

The Site or Mobile App may contain links to third-party websites. We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms and conditions when visiting any other websites.

How we Protect your Information

We implement reasonable and appropriate physical, administrative and technical security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations. However, no electronic storage solution or transmission of information via the Internet can be entirely secure, so please note that we cannot guarantee absolute security.

Changes to Our Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this policy. We may change this Privacy Policy from time to time, and will post any changes on this page. By accessing the Site, the Mobile App, or using our Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of information is governed by the Privacy Policy in effect at the time we use the information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you wish to contact us about this Privacy Policy, you may reach us by email at privacy@modaoperandi.com with the subject line, "Privacy Policy." You can also reach us at 1 (800) 707-9898 or by postal mail at 315 Hudson Street, 5th Floor, New York, New York 10013, Attention: Legal Department.