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LAST UPDATED: March 20, 2019
What Personal Information/Data Do We Collect?
We collect various types of personal information so that we can provide you with our Products via the Site, and keep you informed about new Products and related offerings, as follows:
How Do We Use Your Personal Information/Data?
We use your personal information to fulfill your Product orders, optimize the Products that we offer, encourage sales of our Products and improve the overall Site experience. In particular, we use:
What Personal Information Do We Share or Disclose?
V‑MODA will not disclose your personal data to third parties, except in the following circumstances and in accordance with applicable laws:
What Security Measures and Care Do We Apply regarding Personal Information?
V‑MODA takes reasonable and appropriate precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
In order to assure you that the webpages where you provide personal information are trustworthy and secure, such transmission of information will be encrypted and the webpages where such information is collected, such as your account pages, will be SSL-certified by a reputable Internet certification organization such as Let’s Encrypt Authority X3. Nonetheless, you provide your personal information at your own risk. We try to store your personal information securely until such time as it is no longer required or has no further use, as set forth in applicable law. We encourage you to communicate with us should you wish to know what personal information we store about you, or should any of your personal information need modification, or in the event that you wish it to be removed, at firstname.lastname@example.org.
Service providers acting on V‑MODA's behalf shall be obliged to adhere to confidentiality requirements no less protective than those set forth herein and will only receive access to your personal data as necessary to perform their functions.
We also perform statistical analyses of the users of the Site and Products to improve the content, design and navigation of the Site and to further improve our Products and offerings. In these cases, we use aggregate or statistical data that cannot be used to identify you.
Third-Party and External Websites
In some cases the Site may frame, mask or include components of third-party websites or content within our interface so that it may appear that you have not left the Site. In such cases, V‑MODA will review the privacy practices of such websites, and will include such components or webpages only after determining that such websites maintain a comparable commitment to privacy as V‑MODA.
Persons under 18
We do not knowingly collect personal information from minors under the age of 18. If we learn that we have collected the personal information of a minor under 18 years old, we will take steps to delete the information as soon as possible.
Integrity and Retention of Personal Information
Access to Personal Information
You can help ensure that your contact information and preferences are accurate, complete, and up-to-date by contacting us using the information below. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if V‑MODA is not required to retain it by law or for legitimate business purposes. We will attempt to respond to your request within 30 days or sooner where required by law. As permitted by applicable law, we may decline to process requests where the data is required to be retained by law, required for legitimate business purposes, or jeopardizes the privacy of others.
V‑MODA is based in California, and most of the servers that we use are also US-based. By accessing or using the Site, or any of V‑MODA's services, or by purchasing Products on the Site, you agree that your use of the Site is governed by the laws applicable in the State of California, and you expressly consent to the processing of personal information/data in, and transfer of your personal information/data to, the United States (and any other countries where V‑MODA may in the future hold such data, subject to the security representations set forth in this Policy). While we accept orders from outside of the United States, and we treat your personal information with great care, we do not purport to comply with all applicable laws in all other jurisdictions where our users may be located. However, if you are resident and located in the EEA, the Supplemental Privacy Statement for EEA Residents has been provided in addition (or in substitution for certain provisions of this Policy as required by applicable law) with respect to your use of the Site.
We value your opinions. If you have any general questions or comments for V‑MODA, please contact us at:
Attention: Privacy c/o Legal Dept.
5100 S. Eastern Blvd.
Los Angeles, CA 90040 USA
Or via email at email@example.com
SUPPLEMENTAL PRIVACY STATEMENT FOR CALIFORNIA CONSUMERS
In light of California's new privacy legislation, the California Consumer Privacy Act of 2018, V‑MODA wishes to make the following clear to our many California-based consumers who use V‑MODA Products and services: similar to the rights of European residents as detailed in the Supplemental Privacy Statement for EEA Residents below, California consumers (natural persons resident in California) have the following five categories of data privacy rights with respect to their personal information:
SUPPLEMENTAL PRIVACY STATEMENT FOR EEA AND SWISS RESIDENTS
Legal Basis of Processing.
Personal Data Transfers outside of the EEA AND SWITZERLAND.
V‑MODA may transmit personal data you provide to the United States, and process it in the United States, where the European Commission and Switzerland have determined that the data protection laws may not provide a level of protection equivalent to the laws in your jurisdiction. As required by applicable law, V‑MODA is committed to providing an adequate level of protection for your personal data using various means, including, where appropriate:
Any onward transfer is subject to appropriate onward transfer requirements as required by applicable law.
V‑MODA keeps personal data as required to provide our Products and services to you and comply with applicable laws. In addition, it has been our experience that customers often make purchases intermittently, returning to the Site to initiate a purchase of Products after periods of absence, and so we act in a commercially reasonable manner when we attempt to determine when personal data is no longer of use to us. In addition, if you register for an account on the Site, we retain your personal data for as long as you have an account with us and then for as long as we believe it is necessary and appropriate for us to comply with applicable laws, discharge our contractual obligations to you or act within our legitimate interests, or defend our legal interests in connection with any claim or defense we could face before any formal dispute resolution body. We take reasonable measures to ensure that personal data is deleted, erased or de-identified/anonymized once the purposes for which personal data was collected have been fulfilled.
Data Subject Rights.
You have a right to request from V‑MODA access to and rectification or erasure of your personal data. You also have the right to request that processing concerning you be restricted, in which case such personal data would be marked and processed by us only for certain purposes. We will not charge a fee for this, provided the request is not excessive or unreasonable. In addition, you have the right to data portability, which allows you to receive from us personal data about you which you have provided to us in a structured, commonly used and machine-readable format, such as a CSV file, and the right to transmit such personal data to another entity without hindrance from us if it is technically feasible. We will respond to the request within 30 days, unless the request is complex or you send us multiple requests, in which case we can extend our response by another two (2) months upon notice to you.
You also have the right to object to various data processing activities, including processing activities that are based exclusively on your consent or processing for the purposes of direct marketing. You can exercise such rights by accessing the information in your account and/or by emailing us at firstname.lastname@example.org. If you have provided consent for data processing or cookies that are not strictly necessary or that are primarily for promotional purposes, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You have the right to lodge a complaint with a supervisory authority.
We may choose not to fulfill any request that we determine is illegal or incorrect, where we need to maintain the personal data because of our contractual or legal obligations (e.g., personal data in case files), where the burden or expense of providing access would be disproportionate to the risks to the individual's privacy, or where the rights of persons other than the individual would be violated, but our intention is to comply with opt-out requests, and other requests that seek to correct, update or delete your personal data, as fully as possible in accordance with applicable law.
You will also be given notice should we use your personal data for a purpose other than that for which it was originally collected or processed. We do not ask for, collect or knowingly receive sensitive personal data, i.e., personal data specifying medical or health conditions, racial or ethnic origin, political opinions, religious beliefs, or information relating to sex life.
You are not required to provide any personal data to V‑MODA, but if you do not provide any personal data to V‑MODA, you may not be able to use the Site effectively or make Product purchases from us.
With respect to HR-related personal data about employees of V‑MODA or affiliated companies located in Italy or elsewhere in the EEA, access to such data will be provided to such associates either directly or through V‑MODA’s wholly owned subsidiary. Should any such employees not be satisfied with internal review procedures or applicable grievance procedures by law or contract regarding any complaint about data protection rights, their recourse would be to the national data protection authority in the jurisdiction where such employees work. We will cooperate with any such authority. Some personal data that originates in the EEA, including HR-related personal data, will be maintained at V‑MODA’s secure data centers in the United States, via a transfer between data controllers within a controlled group of entities, to V‑MODA’s data centers or cloud-hosted Dropbox account.
V‑MODA does not use in connection with the Site automated decision-making in a way that produces legal effects concerning you or which significantly affects you.
Complaints and Dispute Resolution in the EU:
Independent Recourse Mechanism. As a US-based company that self-certifies compliance under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, V‑MODA is required to name an independent recourse mechanism available to investigate unresolved complaints, including a system of alternative dispute resolution (ADR) by such mechanism, which is available at no cost to you. We have designated JAMS as our ADR provider to assist in resolving disputes under the Privacy Shield Frameworks up to the point of any final arbitration. If you are a consumer based in the European Union or Switzerland and wish to open a case, you can do so at https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim . However, if the claim relates to human resources data transferred from the EU or Switzerland, we will cooperate and comply with the EU or Swiss data protection authorities (DPAs) in connection therewith.
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