PRIVACY POLICY
Last Updated August 5, 2022Moda Operandi, Inc. (together with our affiliates and subsidiaries, “Moda”, "we", "us,", or "our”) created this Privacy Policy to inform you about how we process 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”).By using or accessing 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 ItWe collect and use information as described in this Privacy Policy.Customer Submitted InformationContact and Registration InformationWe collect certain information on our Services from visitors and customers who wish to obtain information or support, purchase our Products, or 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. In accordance with applicable legal requirements, 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 communications via email or SMS, such as for marketing or information and operational purposes (including, but not limited to, account management, customer service, or system maintenance).Billing InformationIf you wish to purchase a Product or Service through the Services, 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 and Browsing DataWe collect and use the information we have about your past purchases and browsing activity to create customer profiles and deliver personalized user experiences and product recommendations.Customer Relationship Data & Customer Submitted InformationWe use an internal customer relationship management (“CRM”) system 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 characteristics information about you, 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 Services. Any information provided to/or collected by us for these purposes will be used to provide our 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 providing services on our behalf. 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 contact details and questions about your preferences.Passive Data CollectionWhen you use our Services, we may passively collect a variety of information about you, your devices, and your interactions with our Services.LoggingLike many online 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 analyze this information so we can better understand trends, administer and improve the Services, and make certain decisions in the interest of our customers.CookiesWe 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 better tailor our Services to you. 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 or Mobile App). 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 Services, for example, to track what content is most interacted with. 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.De-Identified DataIn an ongoing effort to better understand our users and usage of our Services, we may de-identify the information we collect from and about you so that such information can no longer be tied to you personally (“De-Identified Data”). We may analyze, use, or disclose such De-Identified 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. We may also disclose De-Identified 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 UsageWe 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 the information we collect 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; 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 UsersAny content that you post in a publicly viewable forum on our Services (for example, in a public chat, forum, or in a Product review) may be publicly displayed on our Site, Mobile App, or otherwise through our Services and viewable by third parties, who 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 in such public forums.Information From Third PartiesWe 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 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
Analytics InformationWe use third-party service providers 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, date 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. These parties may use cookies and other technologies to help collect, analyze and provide us with reports and/or data.For more information on these third parties, including how to opt-out from certain data collection, please review the section on ""Your Rights"" below.Remarketing & AdvertisingWe partner with third-party advertising companies and marketing organizations (“Ad Network Partners”) to either display advertising on our Site or Mobile App which we believe will be of interest to you, or to display our advertising on other sites or apps. 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 our Site or Mobile App and other web sites and apps to provide you targeted advertising based upon your consumer profile. Please see below for more information on how to opt-out.Social Media Platforms and Interactive FeaturesOur Services may include or contain certain social media plug-ins 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 (or use similar technologies) 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 policies of the companies providing them. 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 InformationWe share and disclose your information as discussed in this section.Service ProvidersWe may engage other companies to perform services on our behalf, and we may disclose information to them for use in providing these services, such as research services and certain business-related functions, database management/backup services, maintenance, security, data analytics, communications, shipping (3PLs), mail centers, promotional and marketing partners, sweepstakes and contest operators, advertising, payment processing services, customer service, data hosting services, IT support services, and sales support companies. These service providers contractually agree to use your information only in accordance with our instructions.Our AffiliatesWe may share your 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 information will be treated in accordance with this Privacy Policy.Public AuthoritiesWe may access, preserve, and disclose information if we believe in good faith that 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 RightsWe may also use or disclose 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 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; or investigate and defend ourselves against claims or allegations.Business TransfersAs we develop our business, we might sell or buy businesses or some or all of our assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, we expect that information that we have collected, including information from and about you, would be transferred to one or more surviving or acquiring entities. All such transfers shall be subject to our commitments with respect to the privacy as set forth in this Privacy Policy. This policy shall be binding upon Moda Operandi and its legal successors in interest.Retention of Personal InformationWe 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 and ChoicesRights Regarding the Information we ProcessDepending on your geographic location or place of residence, you may have certain statutory rights in relation to your information. Subject to applicable exceptions, you may have the right to request access to your information, update it, correct it, or delete it.If you are a Moda Operandi customer, you may review and make changes to certain of your 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 information that we may hold about you (please note that we may need to verify your identity to process such a request and take other steps in accordance with applicable legal requirements). We may not be able to alter or delete certain 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.For any questions or requests pertaining to Moda’s processing of your information please contact us at privacy@modaoperandi.comor call our Customer Care Center at 1 (800) 707-9898 (the “Care Number”).Marketing Emails & Communication PreferencesYou may opt out at any time from the use of your personal information 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 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. You can opt out of the receipt of SMS messages by following the instructions contained in those messages."Do Not Track" SignalsAt 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 AdvertisingAs described elsewhere in this Privacy Policy, we may partner with advertising companies to place our advertising on third-party websites or apps or to display our advertising on other websites or apps. 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 applicable, how to opt-out from such company serving you targeted ads. Please note these mechanisms do not-opt you out of being served advertising generally, and you may continue to receive generic ads. Also, please note that these opt out mechanisms are not controlled by Moda, and we are not liable for their functionality.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 certain opt out choices at these links as well:Privacy Information for California ResidentsUnder the California Consumer Privacy Act (“CCPA”), California residents (referred to in the CCPA as “consumers”) have certain rights regarding their “personal information” (as defined by the CCPA), including the right to obtain certain information about the types of personal information that we collect and have shared with third parties for their own 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 these rights.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 Ad Network 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 service providers

Protected Classifications

- User-submitted information

- For marketing purposes

- Anyone that receives marketing content or uses our website

- With our 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 service providers

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 Ad Network Partners and service providers

Geolocation data derived from your IP address

- 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 Ad Network 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

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 Ad Network Partners and services providers

If you wish to submit a request pursuant to your rights under CCPA to (1) know more information about the personal information we collect about you, (2) request a copy of the specific information we collect about you, or (3) delete your information, 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 we will process your request in accordance with applicable legal requirements, including with respect to verifying your identity before responding to the request. California users will also have the option to agree to and intentionally direct us to share the personal information identified in the chart above with our Ad Network Partners through the Cookie Banner that appears on the bottom of their screen.
ChildrenOur Services are intended for general audiences and are not directed at children. If we become aware that we have collected data without legally valid parental consent from children under an age where such consent is required, we will take reasonable steps to delete it as soon as practicable.Links to Other WebsitesThe Services 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 InformationWe implement a variety of physical, administrative and technical security measures to protect your 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 PolicyThis 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 as our business practices and applicable law change, and will post any changes on this page. By accessing 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 UsIf 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 34 34th Street, Building 6, Suite 4A, Brooklyn, NY 11232, Attention: Legal Department.