This Privacy Policy was last updated on: August 24, 2023
Your privacy is important to Modavivo ("we", "us" or "our"). This Privacy Policy describes how we handle personal information that we collect through:
We refer to our activities described above collectively as the "Service".
For more information about your privacy rights:
Your Consent
When you provide us with your personal information, you consent to our collection, use, disclosure, and retention of your information in accordance with this Privacy Policy and as otherwise permitted by law.
Table of Contents
Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:
Third-Party Sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:
Automatic Data Collection. We, our service providers, and our business partners such as Meta Platforms, Inc. may automatically log information about you, your computer or mobile device, and your activity over time on our sites and other sites and online services, such as:
Information About Others. We may also collect information about you from others who know you like your family or friends such as when they want to ship a product (including gift cards) to your address. For example, to send the package, we’d need them to tell us your name, email, mailing and shipping addresses. We may also collect information about you from family or friends if they send you a link to a product or article on the Modavivo website. If you provide us with information about your family or friends, please make sure you have their consent to and remind them to review our Privacy Policy which describes how we use their information.
Our websites, online services, email messages, and advertisements may use cookies and similar technologies, such as web beacons, pixel or gif tags, and action tags. Those technologies collect information that assists us in improving products and services, is used for advertising, provides measurement services, facilitates customer communications, and improves the shopping experience.
For example, we may use information collected through cookies and similar technologies to recognize the user of our websites and supplement our profile for that user, determine a user's general location to tailor the website content to that user's location, track use of the websites, offer personalized web page content, information and advertisements, and otherwise facilitate and improve the website experience. You may choose to decline or disable cookies if your web browser permits, but doing so may affect your ability to access or use certain features of our websites. For more information on how to disable cookies, see Section 5 below.
We may use web beacons, pixel or gif tags, and action tags to confirm that email messages have been delivered and opened. You may opt-out of receiving emails in accordance with this Privacy Policy.
The Service also uses chat technologies, such as those provided by third parties such as Twilio, to operate chat features on the Service that you can use to communicate with us. We, Twilio, and other third parties may access and use information described in the Automatic Data Collection section above, and other personal information you share through online chats, for the purposes described in this Privacy Policy.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track”. To find out more about “Do Not Track,” please visit https://allaboutdnt.com/.
We use your personal information for the following purposes or as otherwise described at the time we collect it:
To Provide Services. We use your personal information to:
We may combine your personal information collected through various sources, including information collected at our retail stores and through our websites, and information obtained from other sources such as to enhance and personalize your shopping experience on our websites and to facilitate product returns.
Research and Development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business. As part of these activities, we may create aggregated, deidentified or other anonymous data from personal information we collect. We make personal information into deidentified or anonymous data by removing information that makes the data personally identifiable to you. We may use this deidentified or anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business. For example, if we learn that most users use mobile devices, we might wish to expand on that feature.
Marketing and Advertising. We and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes, except that such sharing with third parties does not include sharing of personal information collected through our short code text messaging programs without your consent:
Manage Recruiting and Process Employment Applications. We may use personal information, such as information submitted to us in a job application, to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, and monitoring recruitment statistics.
Compliance and Protection. We may use your personal information to:
We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection:
Affiliates. Our corporate affiliates for the provision of our products and Services consistent with this Privacy Policy.
Suppliers and Service Providers. Companies and individuals that provide services on our behalf or help us operate the Service or our business (such as IT, hosting, payment processing services, customer relationship management and support, chat services, print and mail fulfillment, order fulfillment and shipping, data/document storage and management, email delivery, marketing, analytics, fraud detection, event management services, promotions, sweepstakes, contests and surveys).
Payment Processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors, such as PayPal. PayPal may use your payment data in accordance with its privacy policy, https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
Advertising Partners. We may share your personal information with third-party advertising companies for the interest-based advertising purposes described above.
Professional Advisors. Professional advisors, such as lawyers, accountants, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
Authorities and Others. Law enforcement, government authorities, courts, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.
Business Transferees. Relevant participants in business transactions (or potential transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, us or our affiliates (including, in connection with a bankruptcy or similar proceedings).
Business and Marketing Partners. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.
Third-Party Platforms. If you choose to log into the Service with, or otherwise link your Service account to, a social media such as Facebook, we may share your personal information with that third-party service. The third party’s use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service.
Other users and the public. You can choose to make some of your profile information visible to the public. Information visible to the public can be collected and used by them, including being cached, copied, screen captured or stored elsewhere (e.g., search engines). We are not responsible for any such use of such information.
You have the following choices with respect to your personal information. If you are a resident of California or Virginia, see additional information about your rights below.
Access or Update Your Information. If you have registered for an account with us, you may review and update certain account information by logging into the account.
Opt-Out of Marketing Communications. You may opt-out of marketing-related messages by using the applicable self-service unsubscribe procedure (for example, by clicking an unsubscribe link in an email, replying STOP to the short code or telephone number from which text messages are being sent or adjusting your website user account preferences), or by contacting us at contact@shopmodavivo.com. From time to time, we may use your personal information to communicate with you regarding important matters, such as information about your purchases or updates to our Privacy Policy or the Terms of Use that govern our websites. Because that information is important, you may not opt-out of receiving these communications.
Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Service and it may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit https://allaboutcookies.org/. We use Google Analytics, including the Google signals feature, to help us understand user activity and patterns on the sites. You can learn more about Google Analytics cookies at https://developers.google.com/analytics/resources/concepts/gaConceptsCookies and about how Google protects your data at http://www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our sites by downloading and installing a browser plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.
Local Storage. You may be able to limit use of HTML5 cookies in your browser settings. Unlike other cookies, Flash-based local storage cannot be removed or rejected via your browser settings, but you can adjust the settings of your Flash player to block it. Blocking Flash storage may impede the functionality of Flash applications, including those employed by the Service. For more information on Flash local storage visit https://www.adobe.com/products/flashplayer/end-of-life.html.
You can also manage your cookie preferences (including for cookies relating to advertising) by visiting our Cookie Preference Center.
Advertising Choices. You can limit use of your information for interest-based advertising by:
Platform Settings. Google and Facebook offer opt-out features that let you opt-out of use of your information for interest-based advertising:
Ad Industry Tools. Opting out of interest-based ads from companies participating in the following industry opt-out programs:
Declining to Provide Information. We need to collect personal information to provide certain services, such as your address to ship a product. If you do not provide the information requested, we may not be able to provide those services.
Declining to Use Our Online Chat Services. Any communications through our online chat services may be monitored or recorded for quality assurance and other purposes as described in this Privacy Policy. Please do not use our online chat services if you do not want us to monitor or record those communications.
Third-Party Platforms. If you choose to connect to the Service through your social media account, such as Facebook, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.
Please note that we also may work with companies that offer their own opt-out mechanisms or do not participate in the opt-out mechanisms described above. We do not control those mechanisms and even after using these opt-out mechanisms, you may receive interest-based advertising from other companies.
Delete Your Profile. If you have registered for an account with us, you may delete your profile by logging into the account and selecting the “Delete my profile” option. After you delete your profile, we may continue to retain and use certain of your personal information, including for the reasons identified in the section 3 above.
When you use certain aspects of our websites or other services, or post information to other social networking sites, for example, there may be links to our Facebook or Twitter pages or you may be able to "like" a product on your Facebook account or "pin" a product on your Pinterest account, the information that you post or share in connection with these third-party sites is visible to other persons and can be read, collected, used, and disclosed by other persons, including to send unsolicited messages. In such cases, you will be leaving our website and going to the third party's website. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or other online services that are not associated with us. Any information you provide or post to such third-party social-networking sites and other sites is governed by their own privacy policies, which you may read on the applicable site. You are solely responsible for the information that you choose to post or share in those situations. We have no control over, or responsibility or liability for, the use, disclosure, and retention of the information that you disclose in those situations, and the use, disclosure, and retention of the disclosed information is not subject to this Policy. Please be careful when disclosing your information in those situations.
We retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy or such longer retention period as may be required or permitted by applicable law.
We will store and process your personal information in the United States. The laws of other countries regarding the collection, use, disclosure, and retention of personal information may be different from the laws of the United States. The disclosure of your information in accordance with this Privacy Policy may result in your personal information being transferred outside of the United States.
We employ reasonable safeguards - including administrative, technical and physical measures - appropriate to the sensitivity of the personal information in its possession or under its control in order to protect that information from unauthorized access, collection, use, disclosure, disposal, or similar risks. While we use reasonable efforts to protect your information, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and therefore, we cannot guarantee absolute security of your personal information.
We are a United States company and your information submitted by you through our websites is collected and maintained in the United States regardless of the geographic location or country where the information originated. If you do not consent to your information being collected and maintained in the United States then you should not enter such information through our websites.
This website may be accessed by users in countries outside of the United States, however, this website is intended for use by individuals located in the United States only. We make no representations or warranties that shopmodavivo.com is appropriate or available for use in countries outside of the United States (such as laws relating to default cookie settings).
You can help us maintain the accuracy and completeness of your information (including your Modavivo website account information) by notifying us of any changes to your information. You may update your Modavivo website account information through our websites or at a retail location.
We do not knowingly collect personal information from children who are under 13 years of age without the consent of their legal guardian. Please immediately contact us at one of the addresses noted below under Contacting Us if you believe that we have unintentionally collected personal information from a child under 13 years of age without the consent of their legal guardian. If Modavivo learns that it has inadvertently collected personal information from a child under 13 years of age without the consent of their legal guardian, we will use reasonable efforts to delete that information from its systems (except to the extent that retention of the personal information is required or permitted by applicable law).
We may use and disclose your personal information to administer and process your application for employment with Modavivo and related matters.
We may change this Privacy Policy from time to time, in which case we will notify you by posting a new version of this Privacy Policy on our website. In some cases, we may also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Service. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.
If you have any comments or questions about this Privacy Policy or your personal information, please contact us by email: contact@shopmodavivo.com.
Scope. This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents when we act as a “business” as defined under the California Consumer Privacy Act of 2018 (“CCPA”), and their rights with respect to their Personal Information. For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. In some cases, we may provide a different privacy notice to certain categories of California residents, in which case that notice will apply instead of this section.
Your California Privacy Rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
Know/Information. You can request information about the categories of Personal Information that we have collected; the categories of sources from which we collected Personal Information; the business or commercial purpose for collecting, sharing and/or selling Personal Information; the categories of any Personal Information that we sold or disclosed for a business purpose; and the categories of any third parties with whom Personal Information was sold, shared or disclosed for a business purpose.
Exercising your right to information/know, access, correction, and deletion.
Exercising your right to opt-out of tracking for targeted advertising purposes. While we do not sell Personal Information for money, like many companies, we use services that help deliver interest-based ads to you as described above. The CCPA classifies our use of some of these services as “selling” your Personal Information to, or “sharing” your Personal Information with, the advertising partners that provide the services from which you have the right to opt-out. You can by submit requests to opt-out of tracking for selling/sharing/targeted advertising purposes here: Do Not Sell or Share My Personal Information. Your request to opt-out will apply only to the browser and the device from which you submit the request. You can also broadcast the Global Privacy Control (GPC) to opt-out for each participating browser system that you use. Learn more at the Global Privacy Control website.
Verification of identity. We may need to verify your identity in order to process your information/know, access, correction, or deletion requests and reserve the right to confirm your residency. To verify your identity, we may require government identification, a declaration under penalty of perjury, authentication into your Service account, personal identifiers we can match against information we may have collected from you previously, confirmation of your request using the email or telephone account stated in the request, or other information, where permitted by law.
Authorized agents. Your authorized agent may be able to make a request on your behalf. However, we may need to verify your authorized agent’s identity and authority to act on your behalf. We may require a copy of a valid power of attorney given to your authorized agent pursuant to applicable law. If you have not provided your agent with such a power of attorney, we may ask you to take additional steps permitted by law to verify that your request is authorized, such as by providing your agent with written and signed permission to exercise your rights on your behalf, the information we request to verify your identity, and confirmation that you have given the authorized agent permission to submit the request.
Sales. We do not “sell” Personal Information as defined by the CCPA and have not sold Personal Information in the preceding 12 months except to the extent that use of the interest-based advertising services described above constitutes a “sale” under the CCPA. We do not have actual knowledge that we have sold or shared the Personal Information of California residents under 16 years of age.
Sensitive Personal Information. We do not use or disclose sensitive Personal Information for purposes that California residents have a right to limit under the CCPA.
Retention. The criteria for deciding how long to retain Personal Information is generally based on whether such period is sufficient to fulfill the purposes for which we collected it as described in this notice, including complying with our legal obligations.
Deidentification. We do not to attempt to reidentify deidentified information derived from Personal Information, except for the purpose of testing whether our deidentification processes comply with applicable law.
Personal Information that we collect, use and disclose The chart below summarizes the Personal Information we collect by reference to the categories of Personal Information specified in the CCPA (Cal. Civ. Code §1798.140) and describes our practices currently and during the 12 months preceding the effective date of this Privacy Policy. The terms in the chart refer to the categories of information, sources, purposes and third parties described above in this Privacy Policy in more detail. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of Personal Information not described below. In addition to the disclosures described in the chart below, we disclose Personal Information as described in the How We Shares Your Personal Information section above.
Personal Information (“PI”) we collect | CCPA Statutory category | Business / commercial purpose for collection | Categories of third parties to whom we disclose PI for a business purpose | Categories of third parties to whom we “share” PI |
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Contact Data |
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Profile Data |
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Communications |
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Research Data |
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Payments and Transactional Data |
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Marketing Data |
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Job Application Data |
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Information About Others |
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Device Data |
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Online Activity Data |
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Security Camera Footage and Photos |
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For information about the categories of sources of this information, see section 1 above.
For information about the purposes for collecting, using, and disclosing personal information, see section 3 above.
Scope. This section applies only to Virginia, Colorado, and Connecticut residents and only to the extent applicable to you. It describes how we collect, use, and share Personal Data of Virginia, Colorado, and Connecticut residents in our capacity as a covered business under the Virginia Consumer Data Protection Act (“VCDPA”), the Colorado Privacy Act (“CPA”), and the Connecticut Act Concerning Personal Data Privacy and Online Monitoring “PDPOM” and your rights with respect to that Personal Data. For purposes of this section, the term “Personal Data” has the meaning given in the VCDPA, CPA, and PDPOM as applicable, but does not include information exempted from the scope of the these laws.
Your Virginia, Colorado, and Connecticut privacy rights. As a Virginia, Colorado, or Connecticut resident, you have some or all of the rights listed below. However, these rights are not absolute, and we may decline your request as permitted by law. You can ask to appeal any denial of your request in the same manner through which you may submit a request.
Exercising your right to access, correction, and deletion and opt-out of profiling.
Exercising your right to opt-out of tracking for targeted advertising purposes. You can submit requests to opt-out of tracking for targeted advertising purposes HERE.
Authentication. We may need to verify your identity in order to process your access, correction, or deletion requests and reserve the right to confirm your residency. To verify your identity, we may require government identification, a declaration under penalty of perjury, authentication into your Service account, personal identifiers we can match against information we may have collected from you previously, confirmation of your request using the email or telephone account stated in the request, or other information, where permitted by law and as consistent with requirements in law.
Authorized agents. Your authorized agent may be able to make a request on your behalf. However, we may need to verify your authorized agent’s identity and authority to act on your behalf. We may require a copy of a valid power of attorney given to your authorized agent pursuant to applicable law. If you have not provided your agent with such a power of attorney, we may ask you to take additional steps permitted by law to verify that your request is authorized, such as by providing your agent with written and signed permission to exercise your rights on your behalf, the information we request to verify your identity, and confirmation that you have given the authorized agent permission to submit the request.
Additional information for Colorado residents.
Nevada consumers who have purchased goods or services from us may opt-out of the sale of covered information pursuant to Nevada law. We do not engage in such sales, but you may contact us at contact@shopmodavivo.com if you have questions.