Last Update Posted: Oct 1, 2018
1. What does Modyo do?
Modyo is a software company serving financial institutions and leading organizations transforming their digital channels for the best customer experiences. For more information about Modyo, please see the “About” section of our Site.
2. What Types of "Personal Information" We Collect, and How We Collect, Use and Disclose It.
The Personal Information that we may collect about you broadly falls into the following categories:
a. Personal Information you directly submit to us. Modyo may provide you the opportunity to do such things as subscribe to email alerts regarding Modyo events or company news, to request company information, or to request product or service information through an email contact form. Such information may include your name, your company's name, your personal or company email address or other contact information. It is up to you whether to provide this information. Such information will be used and disclosed as reasonably necessary to meet your needs and respond to your requests, such as disclosing it to our email service provider to send you emails or to one of our affiliated entities to provide you with requested product information.
b. Information that we collect automatically: When you visit the Site, we may collect certain information automatically from your device or the browsing software that it uses. In some countries, including countries in the European Economic Area, this information may be considered Personal Information (or “personal data”) under applicable data protection laws. Details about this information are provided in section 5 below (Cookies, browser information and tracking technology).
c. Personal Information that we obtain from third party sources: From time to time, we may receive Personal Information about you from third party sources, but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose Personal Information about you to us.
Modyo may also use and disclose Personal Information to comply with laws, regulations, court orders and lawful instructions from government agencies, where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person.
3. Legal basis for processing Personal Information.
If you are a visitor to our Site from the European Economic Area (EEA), our “legal basis” under EEA law for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.
However, we will normally collect or otherwise process Personal Information from you only (i) where we need to process the information to perform a contract with you, (ii) where the processing is in our legitimate interests and not overridden by your rights, (iii) where we have a legal obligation to process the information, (iv) where we need to process the information to protect your vital interests or those of another person or (v) where we have your consent to do so.
If we ask you to provide Personal Information to comply with a legal requirement or to enter into a contact with you, we will make this clear at the relevant time and advise you whether the provision of Personal Information is mandatory or not (as well as of the possible consequences if you do not provide Personal Information).
If we collect and use Personal Information about you in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate the Site and communicating with our customers as necessary to provide our services and for our legitimate commercial interest, for instance, when responding to your queries, improving the operation or security of the Site, understanding (through analytics) how our Site is used, undertaking marketing, or for the purposes of detecting or preventing fraudulent, abusive or illegal activities. We may have other legitimate interests and if appropriate, we will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use Personal Information about you, please contact us using the contact details provided under the “How to contact us” heading below.
We do not knowingly collect any Personal Information from or about individuals under 13 years of age. Please do not submit such information to us, and as a parent or legal guardian, please do not allow your children to submit Personal Information without your permission.
5. Cookies, Browser Information and Related Issues.
a. Cookies: We use “cookies” (small data files placed on your computer or other device by the server when you visit the Site) and similar tracking technology described below to collect and use information about you and the device you use to access the Site. In some countries, including countries in the European Economic Area, this information may be considered Personal Information (or “personal data”) under applicable data protection laws. For further information about the types of cookies we use, why, and how you can control cookies, please see our Cookie Statement.
b. Browser Data: We collect certain standard information that your browser sends to every website you visit, such as the originating IP address, browser type and language, access times and referring website addresses. This data may be used, among other reasons, to improve the operation and security of the Site by assisting in "authenticating" who you are when you access the Site, particularly if you register for access to a section of the Site with restricted access and are issued or create a username and password.
c. Device Data. In addition, we may collect technical data about the device used to access the Site ("Device Data") (such as unique device ID, device model, operating system version, application types and versions, plug-ins, and time zone and geolocation information). Device Data may be used as part of our security controls to uniquely identify the device and authenticate the user when accessing the Site. Device Data may be shared (along with information about any fraudulent transactions using the device) with one or more third-party service providers. These providers will compare and add the Device Data and fraud data to a database of similar device and fraud information in order to identify and block access to the Site by devices associated with fraudulent or abusive activity. We will not share with service providers any information that personally identifies the user of the device.
d. Site Usage Data. We may also collect information about how your device has interacted with our Site, including the pages accessed and links clicked. Collecting this information enables us to better understand the visitors who come to our Site, where they come from, and what content on our Site is of interest to them. We use this information for our internal analytics purposes and to improve the security, quality and relevance of our Site to our visitors.
f. Tracking: With respect to information about an individual's online activities over time and across different websites or online services, when a visitor uses this Site, except as required by law: (1) parties other than the operator of this Site are not permitted to collect such information, and (2) the operator of this Site does not collect such information (except information reasonably necessary to process and document user transactions). Therefore, this Site has no need to respond to and does not respond to Web browser "do not track" signals or other mechanisms that enable individuals to exercise choice regarding the collection of such information.
6. How We Protect Personal Information About You.
To protect Personal Information about you from unauthorized access and use, Modyo maintains physical, electronic, and procedural safeguards, and requires those to whom we disclose Personal Information (including our employees and service providers) to do the same. The measures we use are designed to provide a level of security appropriate to the risk of processing Personal Information.
7. International data transfers.
Personal Information about you may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different than the laws of your country.
Specifically, our Site servers are located in the United States, and our group companies and third party service providers and partners operate around the world. This means that when we collect Personal Information we may process it in any of these countries.
8. Data retention.
We retain Personal Information about you where we have an ongoing legitimate business need to do so, for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements.
When we have no ongoing legitimate business need to process Personal Information about you, we will either delete or anonymise it or, if this is not possible, for example, because the Personal Information has been stored in backup archives, then we will securely store the Personal Information and isolate it from any further processing until deletion is possible.
9. Your data protection rights.
If you are a resident of the European Economic Area, you have the following data protection rights under European Union law:
a. If you wish to access, correct, update or request deletion of Personal Information about you, you can do so at any time by contacting us through the About us section on our web site or through a request at https://support.modyo.com.
b. You may object to processing of Personal Information about you based on our legitimate interests, or for direct marketing.
c. You may also ask us to restrict processing of Personal Information about you or request portability of Personal Information about you. You can exercise these rights by contacting us using the contact details provided under the “How to contact us” heading below.
d. You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing, please go to https://support.modyo.com.
e. You have the right to withdraw any consent we have relied on at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of Personal Information conducted in reliance on lawful processing grounds other than consent.
f. You have the right to complain to a data protection authority about our collection and use of Personal Information about you. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the US and Canada) are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
c. Links to Third-Party Sites. This Site may provide links to other sites operated by third parties over whom Modyo has no control and whose privacy policies may differ from ours. These links are provided for your convenience. If you browse on or submit Personal Information to any of those sites, information about you may be collected by them and will be governed by their privacy policies.
12. How to contact us.
If you have any questions or concerns about our use of Personal Information about you, please contact us at firstname.lastname@example.org. The data controller of Personal Information collected through the Site is Modyo SpA, located at Av Bicentenario 3883 Suite 303, Vitacura, Santiago, Chile.