ModSquad, Inc. (“ModSquad”) has adopted this Privacy Shield Policy (“Policy”) to apply to the processing of Personal Data that ModSquad obtains from its clients’ customers in the European Union and Switzerland; visitors to this website in the European Union and Switzerland; and personnel of its subsidiary and partners in the European Union and Switzerland.
Specifically, ModSquad may process personal data of its clients’ customers in connection with its digital engagement services, including moderation, customer support, community management, social media services, and consulting. It may disclose this personal data to qualified subcontractors (vetted with non-disclosure agreements) working in its Mod Network. ModSquad also processes human resources data of its subsidiary in Northern Ireland; it may disclose this personal information to vendors (vetted with non-disclosure agreements) for payroll and human resources functions.
The Federal Trade Commission (FTC) has jurisdiction over ModSquad’s compliance with the Privacy Shield.
All ModSquad personnel who handle Personal Data from Europe and Switzerland are required to comply with the Principles stated in this Policy.
Capitalized terms are defined in Section 14 of this Policy.
This Policy applies to the processing of Individual Customer Personal Data that ModSquad receives in the United States concerning Individual Customers who reside in the European Union and Switzerland. ModSquad provides services to businesses.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
II. RESPONSIBILITIES AND MANAGEMENT
ModSquad has designated the Legal Department to oversee its information security program, including its compliance with the EU Privacy Shield program and Swiss Safe Harbor. The Legal Department shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to email@example.com.
ModSquad will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. ModSquad personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that ModSquad has undertaken to protect Personal Data.
III. RENEWAL / VERIFICATION
ModSquad will renew its EU Privacy Shield and US Swiss Safe Harbor certifications annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, ModSquad will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, ModSquad will undertake the following:
C. Ensure that this Policy continues to comply with the Privacy Shield and the Swiss Safe Harbor principles
D. Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process. (ModSquad may do so through its publicly posted website, Individual Customer contract, or both.)
E. Review its processes and procedures for training personnel about ModSquad’s participation in the Privacy Shield and Swiss Safe Harbor programs and the appropriate handling of Individual’s Personal Data
ModSquad will prepare an internal verification statement on an annual basis.
IV. COLLECTION AND USE OF PERSONAL DATA
ModSquad provides digital engagement services to clients who provide various solutions to their Individual Customers.
ModSquad’s clients collect Personal Data from their Individual Customers when they purchase their products, register with their website, log-in to their account, complete surveys, request information or otherwise communicate with them. In order for ModSquad to perform its services, ModSquad’s clients may share the Personal Data with ModSquad.
The Personal Data that we receive may vary based on the Individual Customer’s interaction with our clients’ products and services. As a general matter, ModSquad’s clients may collect the following types of Personal Data from their Individual Customers: contact information, including, a contact person’s name, work email address, work mailing address, work telephone number, title, and company name, as well as payment information (which might include credit card and/or bank account information). Individual customers may have the option to log into their accounts online and to request service online, including through a live support option; our clients may collect information that they choose to provide to them through these portals.
When Individual Customers use our clients’ services online, our clients may collect their IP address and browser type, and they may associate IP address and browser type with a specific customer. They also may collect Personal Data from persons who contact them through their website to request additional information; in such a situation, our clients would collect contact information (as discussed above) and any other information that the person chooses to submit through the website.
The information that our clients collect from Individual Customers may be used for selling the products and services they buy from that client, managing transactions, reporting, invoicing, renewals, other operations related to providing services and products to the Individual Customer.
In our capacity as a service provider, we will receive, store, and/or process Personal Data. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our clients. The information that we collect from our Individual Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services for our clients to the Individual Customers, and as otherwise requested by our clients.
ModSquad uses Personal Data that it collects indirectly in its role as a service provider for the following business purposes, without limitation:
1. maintaining and supporting its clients’ products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to a Individual Customer);
2. satisfying governmental reporting, tax, and other requirements (e.g., import/export);
3. storing and processing data, including Personal Data, in computer databases and servers located in the United States;
4. verifying identity (e.g., for online access to accounts);
5. as requested by the Individual Customer;
6. for other business-related purposes permitted or required under applicable local law and regulation;
7. and as otherwise required by law.
V. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, ModSquad discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
ModSquad may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, ModSquad may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by ModSquad and they must either:
1. comply with the Privacy Shield principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Data;
2. or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;
ModSquad also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that ModSquad may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. ModSquad is liable for appropriate onward transfers of personal data to third parties.
VI. DATA INTEGRITY AND SECURITY
ModSquad uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. ModSquad has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. Specifically, Personal Data is stored on Third Party cloud services that fully satisfy the most stringent requirements for data protection, identify verification, service security, business practices and legal protection. ModSquad also employs access restrictions, limiting the scope of personnel who have access to Individual Customer Personal Data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
VIII. ACCESSING PERSONAL DATA
ModSquad personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
IX. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
A. Right to Access. Individual Customers may have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which ModSquad or its client collected it. Individual Customers who are ModSquad personnel may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and ModSquad policies. If Individual Customers who are customers of a ModSquad client make such a request, ModSquad will forward the request to the ModSquad client and work with the ModSquad client for resolution. To make a request, Individual Customers should send an email to firstname.lastname@example.org.
B. Requests for Personal Data. ModSquad will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject.
C. Satisfying Requests for Access, Modifications, and Corrections. ModSquad will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
X. RIGHTS REGARDING DISCLOSURE TO THIRD PARTIES AND DIFFERENT PURPOSES
As discussed above, ModSquad may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. However, Individual Customers may opt out of whether ModSquad may provide their personal information to Third Parties in certain circumstances by contacting ModSquad at email@example.com.
Individual Customers may also opt out of whether ModSquad may use their personal information for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals by contacting ModSquad at firstname.lastname@example.org.
For sensitive information, (i.e., personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual), ModSquad will obtain affirmative express consent (opt in) from Individual Customers if such information is to be (i) disclosed to a Third Party or (ii) used for a purpose other than those for which it was originally collected or subsequently authorized by the individuals through the exercise of opt-in choice.
XI. CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. Any changes will be updated on the website with revision notes at http://www.modsquad.com/privacy-and-cookies.
XII. QUESTIONS OR COMPLAINTS
EU Individual customers may contact ModSquad with questions or complaints concerning this Policy at the following address: email@example.com.
XIII. ENFORCEMENT AND DISPUTE RESOLUTION
In compliance with the US-EU Privacy Shield Principles, ModSquad commits to resolve complaints about privacy and our collection or use of personal information. Individuals with questions or concerns about the use of their Personal Data should contact us at: firstname.lastname@example.org.
If one’s question or concern cannot be satisfied through this process ModSquad has further committed to refer unresolved privacy complaints under US-EU Privacy Shield to an independent dispute resolution mechanism operated by the International Centre for Dispute Resolution/American Arbitration Association (ICDR/AAA), a third party resolution provider. One may learn more about the ICDR/AAA Dispute Resolution Process and file an online claim at: http://info.adr.org/safeharbor/. The ICDR/AAA will serve as a liaison to resolve these concerns. If ModSquad does not timely acknowledge or satisfactorily address a complaint, EU individuals may bring a complaint before the BBB EU Online Privacy Shield. Information about how to file a complaint before the BBB EU Privacy Shield program can be found at: http://www.bbb.org/EU-privacy-shield/for-eu-consumers. Finally, as a last resort and in limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
ModSquad commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.
In compliance with the US Swiss Safe Harbor Principles, ModSquad commits to resolve complaints about privacy and our collection or use of your personal information. Swiss individuals with a question or concern about the use of their Personal Data should contact us at: email@example.com.
XIII. DEFINED TERMS
“Individual Customer” means an individual customer of a ModSquad client from EU or Switzerland. The term shall also include all personnel of ModSquad where ModSquad has obtained his or her Personal Data.
“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
“Europe” or “European” refers to a country in the European Union.
“Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.
“Third Party” means any individual or entity that is neither ModSquad nor ModSquad personnel.
This Cookies Policy covers our collection, use and disclosure of personal information we collect through our website, www.modsquad.com. It does not cover our collection, use and disclosure of personal information we may collect through other means. If you have questions or complaints regarding our Cookies Policy practices, please contact us at firstname.lastname@example.org.
A cookie is a small amount of data that a web site’s computer or mobile device sends to your browser and which is stored on your computer’s hard drive. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier and the site name and some digits and numbers.
First party cookies are those that are set by the website you are visiting. Third party cookies are set by other websites who are running content on the page you are viewing.
Some people don’t like the idea of a website storing information about them, especially if it involves a third party they don’t know. For example, some people don’t want to see advertising that the website has targeted for you based on your interests.
Third Party Cookies
Clear Gifs (Web Beacons)
Our website employs or may employ a software technology called clear gifs (a.k.a. Web Beacons), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of website users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on websites and are about the size of the period at the end of this sentence. We may tie the information gathered by clear gifs to our customers’ personally identifiable information.
Analytics/ Log Files
As is true of most websites, we gather or may gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do link or may link some of this automatically-collected data to personally identifiable information. This allows us to deliver a better experience by reducing the amount of data that needs to be entered when filling out forms, downloading gated content, and completing surveys.
Our blog is managed by a third party application that may require you to register to post a comment. We do not or may not have complete access or control of the information posted to the blog. If you want the personal information that you posted to the comments section removed, you can contact us at email@example.com. However, you may also need to contact or login into the third party application.
Social Media (Features) and Widgets
ModSquad takes all reasonable steps and follows all generally accepted industry standards to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Although we cannot guarantee the security of information on or transmitted via the internet, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information from loss, misuse, unauthorized access or disclosure, alteration or destruction.
Compliance with Children’s Online Privacy Protection Act
As a business-to-business service, ModSquad does not target its offerings toward, and the website does not knowingly collect any personal information from users under 13 years of age.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to a third party for the third party’s direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write or call us:
1300 S Street
Sacramento, CA 95811