Modacta – Privacy Notice

Effective/Last Updated: August 7, 2023

Welcome to the Modacta Website (“Modacta,” “we,” “us,” and/or “our”).  

This Privacy Notice describes the data collection, use, protection, and privacy practices of Modacta with respect to the use of the Modacta the website located at (the “Site”), and any related services we provide you in connection with the use of the Site  (all of the foregoing, collectively, the “Services”). 

Please read this Privacy Notice carefully. It provides important information about your personal information and tells you about your rights under applicable privacy laws.  If you have any questions, comments, or concerns regarding this Privacy Notice and/or our data practices, please contact us.


Table of Contents

  1. Changes to this Privacy Notice
  2. Information We Collect
  3. Children’s Privacy
  4. Sensitive Data
  5. How Modacta uses Personal Information
  6. Sharing Personal Information
  7. Marketing Communications
  8. Your Choices
  9. Third Party Social Plug-Ins
  10. External Websites
  11. Data Retention
  12. Data Security and Protection
  13. California Privacy Rights – Shine the Light
  14. Nevada Privacy Rights
  15. International Transfers
  16. How to Contact Us
  17. Changes to this Privacy Notice

Modacta reserves the right to update or modify this Privacy Notice at any time.  Except for material changes as described below in this Section, all updates and modifications to these documents will be effective from the day they are posted on the Site at  If we make any material changes to this Privacy Notice, we will provide reasonable prior notice of these changes by posting a prominent notice of any such changes on the Site, and if we have an email address on file for you, sending a notification to your email address.  Material changes to this Privacy Notice will become effective on the date set forth in the notice.  It is your responsibility to regularly visit and review this Privacy Notice.

If you do not agree to any updates or modifications to the Privacy Notice, do not visit or use the Services.  Your continued use of the Services after the applicable effective date of the revised Privacy Notice, signifies to us that you acknowledge and agree to be bound by the revised Privacy Notice.

  1. Information We Collect

The term “personal information” or “personal data” means any information about an individual from which that person may be identified.  For example, it may include a person’s name, telephone number, email address, or payment information, and in some jurisdictions, IP address.  It does not include data from which the identity of an individual has been definitively removed along with any identifiers connected to such individual (also known as anonymous or anonymized data).

How and what personal information we collect in connection with the use of the Services depends on how and why you use them.

In some instances, we collect information directly from you as explained in the Section Information Provided Directly to Modacta, and in others, we may receive information from third parties, as explained in the Section Information Collected From Third Parties.  

In addition, in certain circumstances, you will not provide any information to us directly, in which case we automatically collect certain information as explained Information Collected Indirectly.

  1. Information Provided Directly to Modacta

The personal information we collect directly from you depends on how and why you use the Services.  Please be advised that we may ask you to update your information from time to time in order to keep it accurate.

If you provide personal information to us about someone else, you must ensure (1) that you are entitled to disclose that information to us, and (2) that we may collect, use and disclose such information for the purposes described in this Privacy Notice, without us having to take any further steps required by data protection laws. For example, you should ensure the individual concerned is aware of the terms detailed in this Privacy Notice and that they have not objected or do not object to you sharing their information with us.

  1. Contact Information

If you sign up for our marketing communications or enter into any sweepstakes, contest, or promotional activities that we offer through or in connection with the Services, we may collect certain contact information from you, such as:

  • Your identity (first name and last name);
  • Your contact information (such as, your phone number and/or email);
  • Your mailing/shipping address; and/or
  1. User Submissions

In addition to contact information, we will also collect the information included in your user submission that you may provide in the following instances:

  • Messages, photos, video, audio, images, data, information, text and/or any other content or materials submitted by you when you use any interactive communication features we make available through the Services; and/or
  • Information, data, content, documents and/or materials you provide to us when you fill out forms, answer surveys, or contact us (such as your entry forms for a Promotion, feedback, requests for support, or other communications with us, including, but not limited, communications via phone calls and/or text messages).
  1. Information Collected from Third Parties (someone other than you)

In some instances, we may process and/or receive personal information from third parties, which consists of:

  • Data from our service providers, such as our analytics, advertising, marketing, and/or customer support providers.
  1. Information Collected Indirectly
    1. Usage Information

Just like many websites and services, we, or our authorized third-party service providers, automatically collect technical and/or analytics information about how you use and/or interact with our Services (collectively, “Usage Information”).

Usage Information may include (but is not necessarily limited to) identifiers, commercial information, and internet activity information such as IP address (or proxy server), mobile device number, device and application information, identification numbers and features, your approximate location (as determined through your IP address), browser type, plug-ins, integrations, Internet service provider or mobile carrier, the pages and files viewed, website and webpage interactions including searches and other actions you take, websites, apps and/or ads that referred you to the website, advertising and language preferences, operating system type and version, system configuration information, date and time stamps associated with your usage, and frequency of visits to the websites, and details of which of our products and product versions you are using.

Usage Information is used to help Modacta:

  • Compile statistics and analytics about your use of and interaction with the Services, including details about how and where the Services are accessed, how often you visit or use the Services, the date and time of your visits, your actions on the Services, and other similar traffic, usage, and trend data, which allow us to better understand the functionality of our Site on your device and gain insights about how the Services are used in order to improve your experience;
  • Gather important functionality, testing, and performance data about the Services, including performance data related to the Site, such as networking activity, CPU load, and resource usage, among other relevant data;
  • Moderate user behavior on the Site, such as protecting against fraud and other inappropriate activities;
  • Gather demographic information about our user base;
  • Provide you with notifications, recommendations, and information about specific Services, Promotions, and/or additional products, services, or features we believe may be of interest to you; and
  • Advertise Modacta, our Promotions, and the Services across the Internet (as further explained in Targeting & Advertising below).

Some of the device and usage data collected, whether alone or in conjunction with other data, could identify you. Please note that this device and usage data is primarily used to identify the uniqueness of each user logging on (as opposed to specific individuals), apart from where it is strictly required to identify an individual for security purposes.  

Typically, all Usage Information is collected in anonymous form and does not identify you personally.  For example, some of the device and usage information collected, whether alone or in conjunction with other data, could identify you, although, except where strictly required to identify an individual for security purposes, such data and information is primarily used to identify the uniqueness of each user logging on (as opposed to specific individuals).  To the extent any Usage Information is linked or tied to personally identifiable information, such information is deemed “personal data” and we will use it and protect it in accordance with this Privacy Notice.

  1. Cookies and Similar Technologies

We or authorized third parties may collect certain information, including Usage Information, by automated means using technologies such as cookies, web beacons, embedded scripts, pixels, browser analysis tools, server logs, and mobile.  In many cases, the information we collect using cookies and other tools is only used in a non-identifiable manner without reference to personal information. For example, we may use information we collect to better understand website traffic patterns and to optimize user experience. In other cases, we associate the information we collect using cookies and other technology with your personal information.

Modacta does not directly track users across third party websites; however, certain third partner advertising partners may track you across third party websites as described below.

  1. Targeting & Advertising

We may use third party advertising partners (e.g., Facebook, Inc. and Google, Inc.) who use targeting/advertising cookies and similar technologies to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers.  Targeting or advertising cookies will often be linked to site functionality provided by the other organizations.  Modacta utilizes the third party advertising partners listed below that use these cookies to:

  • Advertise Modacta and our products and services across the Internet; 
  • Track the performance and efficacy of our advertisement campaigns;
  • Keep track of how many visitors click on the advertisement;
  • Keep track of which advertisements you have already been shown so that you are not always shown the same ones; and
  • Tailor our marketing to better suit your needs and only display ads that are relevant to you.
  1. Third Party Analytics Providers, Tools and Advertising Partners

We use certain third party analytics tools and advertising partners, including, without limitation, Google and Facebook, to help us gather certain Usage Information and to help us place advertisements as described above.  For more information on how these technologies are used by Google and Facebook, please refer to the policies linked below of the applicable third party analytic tools and/or advertising partners:

For information regarding how you can manage your cookie preferences, please see Cookies & Targeted Advertising under the Section titled “Your Choices” below.

  1. Aggregated Data

With the personal information and other data (including, Usage Information) collected by us, we process “Aggregated Data”, such as statistical or demographic data.  Aggregated Data may be derived from personal information, but is not considered personal information under the law if it does not directly or indirectly reveal your identity.  If we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information, which will be processed in accordance with this Privacy Notice.

  1. Children’s Privacy

Modacta does not target the Services to persons under the age of 13 and does not knowingly collect personal information from persons under the age of 13.  Therefore, we ask you not to provide us with personal information of persons under the age of 13. If we learn that personal information of persons under 13 years of age has been collected on or through the Services or otherwise provided to us, then we may deactivate the account or otherwise terminate access to the Services and/or make the content and/or information inaccessible.

  1. Sensitive Data

Modacta does not require you to provide any sensitive data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health and genetics, or biometric data to use the Services.

  1. How Modacta Uses Personal Information

Depending on how you use the Services, we use your personal information in the following instances:

  • To provide and perform our Services to you and other visitors/customers;
  • To deliver direct marketing communications regarding our products and services that we may think are of interest to you;
  • To conduct and administer a Promotion if you have chosen to participate;
  • To respond to your queries and requests, or otherwise communicate directly with you;
  • To detect any fraudulent or illegal activity against you, our other users, and/or Modacta;
  • To perform system maintenance and upgrades, and enable new features;
  • To enforce and/or protect our rights and the rights of others;
  • To comply with a legal or regulatory obligation (for example, keeping records of our sales for tax compliance); and
  • To provide information to regulatory bodies when legally required, and only as outlined below in the Section title “Required Disclosures – Responding to Legal Orders” under Legal Obligations, Required Disclosures, and Exigent Circumstances.
  1. Sharing Personal Information

Aside from disclosing your information to those of our personnel who are authorized to process the information in order to provide the Services and who are committed to confidentiality, we disclose your personal information only to the third parties as described below.

  1. Third-Party Service Providers

We share personal information with third parties that provide services to us that help us in the operation, provision, administration and management of the Services (“Service Providers”), and to otherwise operate our business.  Depending on how you use the Services, the following categories of third parties collect data on our behalf or receive personal information:

  • Hosting services providers,
  • Analytics providers,
  • Advertising and marketing partners,
  • Providers of business operations and communication tools,
  • Other third-party service providers that help us provide features and functions for the Services (e.g., customer support providers), and
  • Professional service providers, such as auditors, lawyers, consultants, accountants and insurers.

For a list of all Service Providers we use, please contact us. We require all Service Providers to respect the security of your personal information and to treat it in accordance with the law.

  1. To Other Users of the Services

If you communicate through and/or comment or post using any public boards, messaging and/or communication features of the Services, any personal information submitted or transmitted in connection with such communication features will be available to anyone engaged in communications with you and/or who has access to those communication features.

Please be aware that other users with whom you choose to share your information may use your personal information differently than we do, and we do not control their use of your information.  Modacta will not be able to contain or retrieve personal information once it has been shared or disclosed with other users, and Modacta will have no responsibility or liability for any consequences that may result because you have released or shared personal information with others.

Please make your choice to share and/or publicly post information carefully.

  1. Business Transfers

We may also share data with third parties to whom we choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Notice.

  1. Affiliates and Subsidiaries

Personal information that we collect about you through the Services may be shared with the employees, contractors, and agents of Modacta and our affiliated and subsidiary entities (“Affiliates”) who are involved in providing or improving the Services that we offer to you. We obligate the employees, contractors and agents of Modacta and our Affiliates to ensure the security and confidentiality of your personal information and to act on that personal information only in a manner consistent with this Privacy Notice.

  1. Legal Obligations and Security

Regulatory and Government Bodies – Compliance with Law

We may disclose your information to regulatory agencies and official government bodies, as required to comply with or satisfy any laws, rules, or regulations applicable to Modacta.

Required Disclosures – Responding to Legal Orders

If we are required to disclose personal information by law, such as pursuant to a subpoena, warrant or other judicial or administrative order, our policy is to respond to requests that are properly issued by law enforcement within the United States. Under such circumstances, unless prohibited by applicable law, we will attempt to provide you with prior notice that a request for your personal information has been made in order to give you an opportunity to object to the disclosure.  We will attempt to provide this notice by email, if you have given us an email address. However, government requests may include a court-granted non-disclosure order, which prohibits us from giving notice to the affected individual.  In cases where we receive a non-disclosure order, we will notify you when it has expired or once we are authorized to do so.

Exigent Circumstances & Enforcement/Protection of Our Rights

Your information, including the contents of all of your online communications in our Services and between you and Modacta may be accessed and monitored as needed to provide our Services and may be disclosed to law enforcement, regulatory agencies, official government bodies, and other third parties, as we, in our sole discretion, believe necessary or appropriate:

  • To enforce our rights under the terms of use, terms of service and/or other agreements we enter into with our customers, including, any Promotion rules;
  • In connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity or activity that may expose us or our affiliates, partners and/or agents to legal liability; and/or
  • If we receive information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person.
  1. With your Consent

There may be situations where you are asked to consent to share personal information with third parties for additional reasons not included in this Privacy Notice, in which case, we will only share such personal information if we have received your prior consent and only for the purposes as listed in the request to share such information.

  1. Direct Marketing Communications

If you have opted in to receive direct marketing emails from us, we may use your personal information to send you marketing information about the Services, other Modacta products and services, new product releases, new features releases of the Services, and products and services of third parties that we think may interest you.

If you no longer wish to receive direct email marketing communications from us, you have the right at any time to opt out as further explained in Your Choices.

  1. Your Choices
    1. Accessing, Updating and Correcting Personal information

If you would like to correct or update certain personal information (such as your contact information), you can update this information in your account settings page.  If there is other information that you have provided to us you wish to correct and/or update please contact us and we will use reasonable efforts to correct and/or update such information.

  1. Direct Marketing 

You may manage the receipt of marketing and non-transactional email communications you receive from us by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails.

We will use commercially reasonable efforts to process such requests in a timely manner.  Note that you cannot opt out of receiving transactional e-mails or communications related to the use of the S Services (e.g., requests for support), which, for clarification, are not marketing communications.

  1. Cookies & Targeted Advertising

Where required by applicable law, we will obtain your consent prior to setting cookies (except for strictly necessary cookies).  Most web and mobile device browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.

In order to manage your cookie preferences, you may alter the cookie settings in your browser settings at any time. You may accept all, or certain, cookies. If you do disable our cookies in your browser settings, you may find that certain features and/or functionality of the Services do not work.

To learn more about cookies, including how to manage cookies and opt-out of cookies being placed on your device, please visit

While tracking is widespread over the internet, there are things you can do to minimize these activities with respect to browser cookies; however, please note that even if you opt out using the mechanisms described below, advertisements may still be visible to you when using the Site.

Do Not Track Settings

You may turn on the Do Not Track (“DNT”) setting in your browser, which will enable your browser to send a special signal to websites, analytics companies, plug in providers, and other web services you encounter while browsing to stop tracking your activity. To turn on your DNT signal, please visit Please note that not all companies will respond to or honor DNT signals.

Note that Modacta does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use the Site.

Google Analytics Opt-Out: You can download the Google Analytics opt-out browser add-on at:

Targeting/Advertising Cookies:  You can opt out of targeted advertising by:

In addition, some of our third party analytics and/or advertising/targeting partners may be members of the Network Advertising Initiative (“NAI“) or Digital Advertising Alliance (“DAA“) Self-Regulatory Program for Online Behavioral Advertising. NAI and DAA each provide information regarding procedures for opting-out of targeted online advertising from participating companies.

  1. Third Party Social Plug-Ins

On or through the Site, we provide third-party “share” buttons which enable you to share certain content via social media sites (e.g., Facebook, Twitter, Instagram, YouTube, and LinkedIn).  These “share” buttons may function as web beacons when you interact with the button.  Please note that when you “share” using the buttons, you may send to the third party provider of the “share” button the information that you are viewing.  If you are not logged into your account with the third party provider, then the third party may not know your identity.  If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Site to your account with the applicable third party provider. Please refer to each third party’s privacy policies to learn more about its data practices.

  1. External Websites

On or through the Site, we may provide or make available, for informational purposes only, links to other websites or resources with which we do not have a contractual relationship and over which we do not have control (“External Websites”).  Such links are not paid advertisements, nor do they constitute an endorsement by Modacta of those External Websites, and are provided to you only as a convenience. By clicking on links to External Websites, the operators of the External Websites may collect your personal information. We are not responsible for the content or data collection practices of those External Websites, and your use of External Websites is subject to their respective terms of use and privacy policies.

  1. Data Retention

Personal information is processed for the period necessary to fulfill the purposes for which it is collected (for example, in connection with the Site and/or Services provided to you pursuant to the applicable terms and/or agreement entered into with Modacta with respect to your use of the Services, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights.

  1. Data Security and Protection

We have put in place reasonable and appropriate security measures designed to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. For example, we use encryption, secure socket layer, firewalls, and password protection. In addition, we limit access to personal information to those employees, agents, contractors and the third parties who have a business need-to-know.

We also have procedures in place to deal with any suspected data security breach.  However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and while we take reasonable steps to provide secure services, by using the Services, you understand and assume the risks associated with your activities on the internet.

In addition, you have responsibility and control over protecting your personal information. For example, you, and not Modacta is responsible for safeguarding your password, and other authentication information you use to access the Services.  You should not disclose your password and/or authentication information to any third party and should immediately contact us of any unauthorized use of your password or you have reason to believe that your information and/or account is no longer secure.

In addition, as described in this Privacy Notice, Modacta cannot secure, and has no responsibility for, any personal information that you share or release on your own or that you request us to share or release or share with other users of the Services.

  1. California Privacy Rights – Shine the Light

Modacta does not share your personal information with any unaffiliated third party for its direct marketing purposes without your express consent.

California residents who have provided us with personal information have the right (under California Civil Code§ 1798.83) to request and obtain from us, once each year, the details of any personal information we shared with a third party for that third party’s direct marketing purposes during the prior calendar year. The details would include the categories of personal information and the names and addresses of the third party with which it was shared.

To request information about this sharing, you may submit a request with “Your California Privacy Rights” in the subject line, along with your first and last name, and complete mailing address (including street address, city, state, and zip code) by either: sending an email message or writing to us at the email and/or mailing address specified in the How to Contact Us Section.

  1. Nevada Privacy Rights

Modacta does not currently sell your covered information as defined under applicable Nevada law; however, you may submit an opt-out request, which we will honor as required by Nevada law should we engage in such a sale in the future.

You may submit an opt-out request by sending an email message or writing to us at the email and/or mailing address specified in the How to Contact Us Section; along with your full name, any user name, and complete mailing address (including street address, city, state, and zip code), email address (so that we can contact you, if needed, in connection with the request) and confirmation that you are a Nevada resident.

You must provide us with information reasonably requested by us to verify your identity and the authenticity of the request.  We typically process these requests within 60 days from the day we receive it (and will notify you within that period if we need an additional 30 days to do so).

  1. International Transfers

Modacta is based in the United States. The personal information that we collect are sent to and stored on servers located in the United States.  Such storage is necessary in order to process the information. Modacta may transfer the personal data that we collect from you to our other offices and/or to the third parties mentioned in the circumstances described above, which may be situated outside of your country or regional area, and may be processed by staff operating outside of your country or regional area. In particular, information provided to us or collected by us likely will be transferred to and processed in the United States by us or our Affiliates and our respective agents and contractors. The data protection laws of the United States or other countries may not be as comprehensive or equivalent to those in your country of residence.

  1. How to Contact Us

If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us as follows:

By email at:; Subject Line: Privacy Request

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