Privacy
Privacy Policy
This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our websites, services, softwares or smartphone applications (all of which we refer to as the “Services”).
What personal information do we collect from the people from our Services?
Definition. When we use the term “personal data” or “personal information” throughout this Policy, we refer to the information we describe under this section as being collected by us and which are related to an identified or identifiable natural person, including you.
Registration and Contact Information. We collect information about you when you (a) register to use the Services and (b) otherwise provide contact information to us via email, mail, or through our Services. This information you provide may include your first and last name, email address, company name, mailing address or phone number.
Payment Information. When you purchase the Services, we will also collect transaction information, which may include your credit card information, billing and mailing address, and other payment-related information (“Payment Information”).
Technical, Usage and Location Information. We automatically collect information on how you interact with the Services, such as the IP address from which you access the Services, date and time, information about your browser, operating system and computer or device, pages viewed and items clicked. We may also collect location information, including location information automatically provided by your computer or device.
We use local storage and other identification technologies on our website, and may also on mobile applications, email communications, advertisements, and other online services for a number of purposes, such may include: authenticating users, recurrence of users, remembering user preferences and settings, such as if the user subscribed to our newsletter, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our Services.
For avoidance of doubt, local storage refers generally to other places on a browser or device where information can be stored by websites, ads, or third parties (such as HTML5 local storage and browser cache).
Location Data Information. Our location positioning technology relies on innovative, adaptive, data-fusion, and self-learning algorithms to deliver accurate, scalable indoor and outdoor positioning technology using any off-the-shelf smart-phone. This technology is forward-thinking in nature; it utilizes the disturbances (e.g., magnetic, wireless) in the environment to learn and determine the location. In essence, it approaches the problem by converting the interference/noise into useful information. To do so, you may exchange your GPS/cellular location, WiFi received signal strength, WiFi connectivity, Bluetooth Low-Energy ("BLE"), accelerometer, magnetometer/magnetic field, gyroscope and barometer/atmospheric pressure signal data with Us.
Our Services may operate on multiple device platforms and applications which may also collect your location data. We do not use this information to identify you personally without your consent. When you use our location based services and features, for example location based search, navigation and routing, or request for map data, your location data is sent to Us to serve you with the right content, which may also include location based advertising.
Other Information. We may collect other information from you that is not specifically listed here. We may use any such information in accordance with this Privacy Policy or as otherwise permitted by you.
SDKs. In cases when our Services are comprised of a technology that is installed, through a software development kit, in third-party mobile applications (“apps”) belonging to our customers (hereinafter referred to as “SDK Customers”), and which provides our SDK Customers with real-time analytics and tools to create a better experience for their end users. When a SDK Customer uses our Services, the SDK Customer’s app may collect personal information from end users (“SDK Customer Personal Data”). This SDK Customer Personal Data is owned and controlled by the respective SDK Customer, and we generally do not save any SDK Customer Personal Data. However, a portion of SDK Customer Personal Data may be maintained or processed by us for analytics purposes of our Services; and we consider such data to be strictly confidential. We collect and process SDK Customer Personal Data solely on behalf of our SDK Customers, and in accordance with our agreements with the respective SDK Customers. We do not use or disclose SDK Customer Personal Data except as authorized and required by our SDK Customers and provided for in our agreements with our SDK Customers.
Legal Basis. Our Legitimate Interest. We would like to help sales, marketing, and support teams better communicate with our customers. In order to engage visitors and leads we have a legitimate interest to collect relevant data and send messages based on this information. We consider your privacy and data protection rights when we pursue our legitimate interests and ensure that the way our Services work don't impact on those rights.
How do we use your information?
We may use information that we collect about you, including personal information, to:
Provide Our Services: We will use your information to provide our Services to you; to facilitate location-based services, to manage your account; to respond to your inquiries; and for other customer service and support purposes. We use the payment information you provide to us in order to alert you of past, current, and upcoming charges, to allow us to present the billing history to you on your billing page in the Services, and to perform internal finance processes, such as looking at the status of a credit card charge. In the event of a credit card dispute, we also share account information with your bank to verify the legitimacy of a charge.
Understand and improve our products. We will perform research and analysis about your use of, or interest in, our Services. We do this to help make our products better and to develop new products.
Communicate with you.
Service related communications. We may send you service and administrative emails to ensure the service is working properly.
Promotional. Subject to your opt-out preference, we may send you emails about new product features or other news about Mod Creative inc, Wayble or on topics we think would be relevant to you. You may opt out of receiving these communications at any time.
Responding to your requests. We will also use your information to respond to your questions or comments.
Administrative. We may contact you to inform you about changes in our services, our service offering and other important service related notices, such as changes to the Policy or about security or fraud notices.
Protecting Rights and Interests. We will use your information to protect our rights and interests as well as the rights and interests of our users and any other person, as well as to enforce this Policy or our Terms of Service.
Legal Compliance. We may use your information to comply with applicable legal or regulatory obligations, including informal requests from law enforcement or other governmental authorities.
Other. We also may use your information to manage our business or perform functions as otherwise described to you at the time of collection subject to your consent.
Sharing Your Information with Third Parties
We do not share your personal information with others except as indicated within this Policy or when we inform you and give you an opportunity to opt out of having your personal information shared. We will share information we collect about you, including personal information, in the following ways:
With third party service providers, agents, or contractors.We use other companies, agents or contractors ("Service Providers") to perform services on our behalf or to assist us with providing Services to you. For example, we may engage Service Providers to provide services such as marketing, advertising, communications, infrastructure and IT services, to provide customer service, to collect debts, and to analyze and enhance data (including data about users' interactions with our service). These Service Providers may have access to your personal or other information in order to provide these functions. In addition, some of the information we request may be collected by third party providers on our behalf. We require our Service Providers to agree to take reasonable steps to keep the personal information that we provide to them secure. We do not authorize them to use or disclose your personal information except in connection with providing their services.
Affiliates. We may disclose your information to current or future affiliates or subsidiaries for research, marketing, and other purposes consistent with this Privacy Policy.
To comply with the legal process. We may share your data: if we believe that disclosure is reasonably necessary to comply with a law, regulation, legal or governmental request; to respond to a subpoena, court order, warrant, or other legal process; to enforce applicable terms of use or this Policy, including investigation of potential violations thereof; to protect the safety, rights, or property of the public, any person, Wayble, or Mod Creative inc; to detect, prevent, or otherwise address, security, or technical issues or illegal or suspected illegal activities (including fraud); or as evidence in litigation in which we are involved, as part of a judicial or regulatory proceeding.
Business Transfers. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy. In such transactions, customer information is typically one of the business assets that is transferred or acquired by a third party. If we are acquired by or merged with another company, if we sell or transfer a business unit or assets to another company, in the unlikely event of a bankruptcy proceeding, or as part of any other similar business transfer, you acknowledge that such transfers may occur.
Aggregate or De-identified Information. We may disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, compliance, or other purposes.
Your Rights and Choices
Account. In order to keep your personal information accurate and complete, you can log in to review and update your account information, including contact and billing information, via your account settings page. You may also contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information. We will do our best to honor your requests subject to any legal and contractual obligations. If you would like to make a request, cancel your account or request we delete or no longer use your account information to provide you Services, contact us at info@modcreativeinc.com or the address set forth at the end of this Policy. Subject to applicable law, we will retain and use your account information only as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
E-mail. As described above, if you do not wish to receive promotional emails from us, you may opt out at any time by following the opt-out link contained in the email itself. Please note that it may take up to ten (10) days to process your request. Please also note that if you opt out of receiving marketing communications from us, we may continue to send to you service-related emails which are not available for opt-out. If you do not wish to receive any service-related emails from us, you have the option to deactivate your account.
Third Party Analytics Services: You may opt-out of third party analytics services we use by going to their websites:
The Google Analytics service is provided by Google Inc. You can opt out from Google Analytics service from using your information by installing the Google Analytics Opt-out Browser tool: tools.google.com/dlpage/gaoptout. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: www.google.com/policies/privacy.
Mapsted service is provided by Mapsted Corp.. For more information on the privacy practices of Mapsted Corp., please visit the Privacy & Terms web page: https://mapsted.com/legal/priv...
How We Respond to Do Not Track Signals. Your Web browser may have a “do not track” setting which, when enabled, causes your browser to send a do not track HTTP header file or “signal” to each site you visit. At present, the Services do not respond to this type of signal.
Data Subject Rights. You can access, rectify, erase, restrict or export your personal information at any time by emailing us at info@modcreativeinc.com. You can object to our processing of your personal information at any time. Contact us with your requests or concerns at info@modcreativeinc.com. If you are unsatisfied with the response you have the right to lodge a complaint with your supervisory authority.
Third-Party Links
Our Services may contain links to third-party websites and applications. Subject to your opt-out preferences (see Your Rights and Choices), we may also use third-party advertisers, ad networks, and other advertising, marketing, and promotional companies, to serve advertisements on our websites. Any access to and use of such linked websites and applications is not governed by this Policy but instead is governed by the privacy policies of those third parties. We do not endorse these parties, their content, or any products and services they offer, and we do not endorse these parties, their content, or any products and services they offer, and we are not responsible for the information practices of such third-party websites or applications.
Security and Storage of Information
We have taken reasonable steps to help protect the personal information we collect. These measures include using SSL encryption and two-factor authentication. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your information in all circumstances. You should take steps to protect against unauthorized access to your device and account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims.
International Transfer of Data
Our application and database servers are located with Amazon Cloud Services in the United States. Amazon Cloud Services has certified with the Department of Commerce that it adheres to the Privacy Shield Principles under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks. If you are an individual located in the European Economic Area, the United Kingdom, Canada or another jurisdiction outside of the United States with laws and regulations governing personal data collection, use, and disclosure that differ from United States laws, please be aware that information we collect will be processed and stored in the United States or in other countries where we or our third-party services providers have operations. By submitting your personal information to Wayble, Mod Creative inc and using our Services, you expressly consent to having your personal data transferred to, processed, and stored in the United States or another jurisdiction which may not offer the same level of privacy protection as those in the country where you reside or are a citizen.
No Children Under the Restricted Age
The Services are not intended for use by anyone under the applicable restricted age in the country from where such person can access our Services (hereinafter referred to as the “Restricted Age”), nor does Mod Creative Inc, Wayble knowingly collect or solicit personal information from anyone under the Restricted Age. If you are under the Restricted Age, you may not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we confirm that we have collected personal information from someone under the Restricted Age without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child under the Restricted Age and believe that we might have any information from or about such child, please contact us at the email or mailing address provided at the end of this Privacy Policy.
Changes to the Privacy Policy
We reserve the right to change our Privacy Policy at any time. If we make changes, we will post them and will indicate on this page the policy’s new effective date. You agree to visit this Policy periodically to be aware of and review any such revisions. If we make material changes to our Policy, we may also notify you by other means of such changes, such as by posting a notice on our website(s) or sending you a notification. By continuing to use our Services after such revisions are in effect, you accept and agree to the revisions and to abide by them.
California Disclosures
California Information-Sharing Disclosure. California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us a written request by email to info@modcreativeinc.com with “California Privacy Rights” in the subject line.
How do we protect visitor information?
Our Services are scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our Services are as safe as possible.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly.However, you can still place orders ..
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adw... have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/califor... to CalOPPA we agree to the following:Users can visit our site anonymously
Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.Users will be notified of any privacy policy changes:
- On our Privacy Policy Page
- Users are able to change their personal information: By emailing us
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It’s also important to note that we allow third party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email - Within 7 business days
We will notify the users via in site notification - Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions.
- Process orders and to send information and updates pertaining to orders
- We may also send you additional information related to your product and/or service.
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be accordance with CANSPAM we agree to the following:
- NOT use false, or misleading subjects or email addresses
- Identify the message as an advertisement in some reasonable way
- Include the physical address of our business or site headquarters
- Monitor third party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly
- Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can
- Follow the instructions at the bottom of each email.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
WaybleApp.com
C/O Mod Creative Inc.
P.O. Box 490392
Blaine, MN, 55449
info@modcreativeinc.com