Modis Therapeutics, Inc. Privacy Policy

Effective Date of Current Policy:  October 1, 2018

1. Purpose and Scope

This Privacy Policy applies to Personal Information that is Processed by Modis Tx in the course of our business, including on the Modis Tx website, and other online or offline Modis Tx points of collection (collectively the “Services”). The terms “Modis Tx,” “we,” and “us” include Modis Therapeutics, Inc. and our affiliates and subsidiaries.

This Privacy Policy explains our online and offline information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt-out of a use or correct or change such information. All other terms not defined in Section 11 or otherwise herein will have the meanings set forth in the Terms.

2.1 Types of Personal Information We Collect

Modis Tx collects Personal Information regarding its current, prospective, and former customers and visitors (collectively “Individuals”).

  • Information You Provide Directly to Us. When you use the Services or engage in certain activities, such as requesting Services or information, or contacting us directly, we may ask you to provide some or all of the following types of information:
    • Communications with Us. We may collect Personal Information from you such as email address, phone number or mailing address when you choose to request information about our Services, request to receive customer or technical support, or otherwise communicate with us.
    • Surveys. From time to time, we may contact you to participate in surveys. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products, sites and/or services and in any manner consistent with the policies provided herein.
    • Posting on the Site. Modis Tx may offer publicly accessible pages, blogs, or community forums. You should be aware that, when you disclose information about yourself on Modis Tx’s pages, blogs, and community forums, the Services will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the Services, such content will be considered “public” and will not be subject to the privacy protections set forth herein.
    • Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, MAC address, IMEI, advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.
  • Information Submitted Via Services. You agree that Modis Tx is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Modis Tx will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
  • Information from Other Sources. We may collect or receive information about you from other sources, including through Third-Party services and organizations to supplement information provided by you. This supplemental information allows us to verify information that you have provided to Modis Tx and to enhance our ability to provide you with information about our business, products, and Services.

2.2 How Modis Tx Uses Your Information

We Process Personal Information about Individuals for a variety of business purposes, including:

  • To Provide Products, Services, or Information Requested. Modis Tx may use information about you to fulfill requests for products, Services, or information, including information about potential or future Services, including to:
    • Generally manage Individual information;
    • Respond to questions, comments, and other requests;
    • Contact you to answer requests for customer support or technical support;
    • Allow you to register for events.
  • Administrative Purposes. Modis Tx may use Personal Information about you for its administrative purposes, including to:
    • Measure interest in Modis Tx’s Services;
    • Develop new products and Services;
    • Ensure internal quality control;
    • Verify Individual identity;
    • Communicate about activities on Modis Tx’s Services and systems, and, in Modis Tx’s discretion, changes to any Modis Tx policy;
    • Send email to the email address you provide to us for informational and operational purposes, such as customer service, or system maintenance;
    • Process applications and transactions;
    • Prevent potentially prohibited or illegal activities;
    • Enforce our Terms.
  • Research and Development. Modis Tx may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. We may share anonymous Individual and aggregate data for research and analysis purposes.
  • Other Uses. Modis Tx may use Personal Information for which we have a legitimate interest, such as direct marketing, research (including marketing research), network and information security, fraud prevention, disclosure to affiliated organizations for administrative purposes, any other purpose disclosed to you at the time you provide Personal Information or with your consent.

2.3 Cookies, Pixel Tags/Web Beacons, and Analytics Information

We, as well as Third Parties that provide content or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a "device") that allow us to record certain pieces of information whenever you visit or interact with our Services.

We may use Google Analytics, a service provided by Google, Inc., to gather information about how users engage with our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.

2.4 Third-Party Websites

The Services may contain links to other websites and other websites may reference or link to our wesbite or other Services. These other domains and websites are not controlled by us, and Modis Tx does not endorse or make any representations about Third-Party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

3. Onward Transfer—Modis Tx May Disclose Your Information

3.1 Information We Share

We may share your information as described in this Privacy Policy (e.g., with our Third-Party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.

  • We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Services.
  • Business Partners. Modis Tx may share Personal Information with our business partners, and affiliates for our, our business partners’ and our affiliates’ internal business purposes or to provide you with a product or service that you have requested.
  • Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Information, other information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce Modis Tx policies or contracts; (v) to collect amounts owed to Modis Tx; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
  • Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.

3.2 International Data Transfers

You agree that all information collected via or by Modis Tx may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates, or the servers of our service providers, in order to provide the Services.

4. Opt-Out (RIGHT TO object to PROCESSING)

4.1 General

You have the right to opt out of and object to certain uses and disclosures of your Personal Information. Where you have consented to Modis Tx’s Processing of your Personal Information or, you may withdraw that consent at any time and opt-out to further Processing by contacting us as described below.

4.2 Email and Telephone Communications

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Modis Tx and our Services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

4.3 “Do Not Track”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

5. Rights of Access, Rectification, Erasure, and Restriction

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are Processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your Personal Information or; (v) seek correction of inaccurate, untrue or incomplete Personal Information; or (vi) request erasure of Personal Information held about you by Modis Tx, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below. 

We will process such requests in accordance with local laws. To protect your privacy, Modis Tx will take steps to verify your identity before fulfilling your request.

6. Data Retention

Modis Tx retains the Personal Information we receive as described in this Privacy Policy for as long as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

7. Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

8. Children’s Privacy

Our Services are not directed to people under 13, or in certain jurisdictions, under 16 (“Minors”) and we do not knowingly collect information from Minors. If we learn that we have collected information of a Minor we will take steps to delete such information from our files as soon as possible.

9. Contact us

If you have any questions about our privacy practices or this Privacy Policy, please contact Modis Tx by email at info@modistx.com. We will address your concerns and attempt to resolve any privacy issues in a timely manner.

10. Other Rights and Important Information

10.1 Changes To Our Privacy Policy and PRactices

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, Modis Tx will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy in effect, you must immediately stop using the Services.

10.2 California Privacy Rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the Third Parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. Modis Tx does not share Personal Information with Third Parties for their own marketing purposes.

10.3 Supervisory Authority

For users of our Services located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our Processing of your Personal Information violates applicable law.

11. Definitions

The following capitalized terms shall have the meanings herein as set forth below.

  • Agent” means any Third Party that Processes Personal Information pursuant to the instructions of, and solely for, Modis Tx or to which Modis Tx discloses Personal Information for use on its behalf.
  • Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
  • Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
  • Third Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, Modis Tx or Modis Tx’s Agents.

12. Revision History

Title (Effective Date)

Modis Tx Privacy Policy           Effective: 10/01/2018