Privacy

Last Updated September 11, 2013

We at Moda Operandi, Inc. created this Privacy Policy because we care about your privacy and we understand that you want control over how the information you provide to us is used, stored and shared. This Privacy Policy describes how we gather information from you when you visit the Moda Operandi, Inc. website located at www.modaoperandi.com (the “Site”), how your information is used and stored on the Moda Operandi iPhone or iPad app, and how we may use and share that information. By visiting our Site, you are accepting the practices described in this Privacy Policy and the accompanying Terms of Use.

In this Privacy Policy, the words “we,” “us” and “our” refer to Moda Operandi.

Moda Operandi has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal data. The TRUSTe program covers only information that is collected through the site www.modaoperandi.com.

 

The Information We Collect
Personal Data. Personal Data is information that identifies you or can be used to identify or contact you (collectively, “Personal Data”). Such Personal Data may include your name, address, email address, telephone number, birthdate (primarily for eligibility purposes). When registering to become a member (“Member”) on our Site, you will be required to provide us with Personal Data.

Billing Information. If you wish to purchase a product or service through the Site, you will be required to provide certain information in addition to the Personal Data noted above. Such information may include a credit card number, PayPal account number, and similar information (collectively, “Billing Information”).

Other Information and Cookies. In addition to the Personal Data and Billing Information noted above that you voluntarily provide to us, we may collect additional information (collectively, “Other Information”). Such Other Information may include (i) information that we automatically collect when you visit the Site, such as your IP address, Internet service provider, browser type and language, referring and exit pages and URLs, date and time of your visit, amount of time spent on particular pages, what sections of the Site you visit, number of links you click while in the Site, and similar information concerning your use of the Site; and (ii) additional information that you voluntarily provide to us regarding your use and interest in our programs, offers, products, and services. When using the app, such Other Information may also include your location.

Other Information also includes information that we collect using “cookie” technology. Cookies are bits of information that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies can enhance your online experience by automatically saving your preferences. We use cookies because they help us provide you with a better online experience. The information we collect through the use of cookies allows Moda Operandi to determine when and for how long you logged on to the Site, so that we can try to understand how to better serve your needs. If you object to the use of cookies for any reason, you may set your Internet browser to notify you when you receive a cookie, giving you the opportunity to decide whether to accept it. If you decline to receive cookies, you may have difficulty using certain features of the Site.

The use of cookies by our partners, affiliates, tracking utility company, service providers is not covered by our privacy policy. We do not have access or control over these cookies. We do not tie the information gathered to our Customers’ or Users’ personal data.

 

The Information Collected by or Through Third-Party Companies
We may share Other Information about your activity on the Site with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Site and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-parties, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to enable such things as tailoring appropriate advertisements. 

 

Behavioral Targeting / Re-Targeting
We partner with a third party ad network to either display advertising on our Site or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personal data about your activities on this and other web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking Here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

 

How We Use and Share Your Information
We use the Personal Data, the Billing Information, and the Other Information to provide you access to and usage of the Site, solicit your feedback, inform you about our products and services and those of our third-party marketing partners, to administer our rewards and promotional programs, and to improve our services to you. Also, we may use and/or share the Personal Data, the Billing Information, and/or the Other Information as described below. If Moda Operandi intends on using any Personal Data, Billing Information, or Other Information in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which it is collected, or, if you have not been so informed, we will inform you and obtain your consent after collection, but before use. Otherwise, we will only share personal data with third parties as outlined in this Privacy Policy.

 

Information Posted On Public Forums
We feature or may in the future feature public forums such as chat rooms, message boards, bulletin boards, user reviews, virtual closets, and similar activities where you and other users of our Site can communicate with one another (collectively, “Public Forums”). Anytime you post, please be aware that you are posting using a third party application and we have no access or control over this information. To request removal of your personal information from our blog, you can either log into the third party application and remove your comment or you can contact the appropriate third party application. Your interaction with these features is governed by the privacy policy of the company providing it.

ANY INFORMATION (INCLUDING PERSONAL DATA) THAT YOU POST IN ANY PUBLIC FORUM ON OUR SITE IS PUBLIC INFORMATION AND MAY BE SEEN, COLLECTED, OR USED FOR ANY REASON BY ANYONE, INCLUDING THIRD PARTIES NOT AFFILIATED WITH MODA OPERANDI. You should think carefully before disclosing any information in any Public Forum on our Site.

 

Accessing, Modifying and Deleting Personal Data and Communication Preferences
You may access, review, delete, and/or make changes to Personal Data that you have provided to us by clicking on “My Account" on our Site or by emailing us at reply@modaoperandi.com. We will respond to your request to access personal data within 30 days. In addition, you may manage your receipt of marketing and non-transactional communications by clicking the “unsubscribe” link located at the bottom of any Moda Operandi marketing emails or by emailing your request to reply@modaoperandi.com. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional emails related to your account with Moda Operandi.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

Important Notices to Non-U.S. Residents/Safe Harbor Certification
Moda Operandi complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Moda Operandi has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification, please visit http://www.export.gov/safeharbor/.

However, it is important to note that the Site and its servers are operated in the United States. If you are located outside of the United States, please be aware that any Personal Data you provide to us will be transferred to the United States. By using the Site and by providing us Personal Data, you consent to this transfer and our use of the information and data provided by you in accordance with this Privacy Policy.

In order to comply with the Safe Harbor framework, Moda Operandi commits to the resolution of complaints about your privacy and our collection or use of your Personal Data. We have also committed to resolve any complaints by European Union citizens relating to this Privacy Policy, which cannot be resolved directly with our company, through the TRUSTe Watchdog Dispute Resolution Process.

If you have any questions regarding this Privacy Policy, please contact us as described in the “How to Contact Us” section below. We will investigate your question, respond to your inquiry, and attempt to resolve any concerns regarding your privacy question. If you do not receive acknowledgement of your complaint or if your complaint is not satisfactorily addressed by Moda Operandi, please visit the TRUSTe Watchdog Dispute Resolution web site here for more information and to file a complaint.

 

California Residents
Under California Civil Code Section 1798.83, California residents who have an established business relationship with us may choose to opt out of our sharing your Personal Data with third parties for direct marketing purposes. If you are a California resident and you have already granted us this permission and (1) you now wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Data to third parties for direct marketing purposes, please contact us as described in the “How to Contact Us” section below.

 

A Special Note Regarding Children
The Site is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (“COPPA”) and will not knowingly register or otherwise collect Personal Data from any child under the age of 13. We ask that minors under the age of 13 not submit any Personal Data to us. If a child under the age of 13 has provided us with Personal Data, a parent or guardian of that child may contact us as described in the “How to Contact Us” section below and request that such information be deleted from our records.

 

Links to Other Websites
The Site may contain links to third-party websites. We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

 

Security
We have reasonable security measures in place intended to protect against the loss, misuse or alteration of Personal Data, Billing Information, and Other Information that we have collected from you at the Site. However, we are unable to guarantee that the security measures we take will not be penetrated or compromised, or that your Personal Data will remain secure under all circumstances.

When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). If you have any questions about security on our Site, you can contact us at info@modaoperandi.com.

 

Single Sign-On
Our web site includes social media features, such as the Facebook Like button and widgets, such as the ShareThis button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our web site. Your interactions with these features are governed by the privacy policy of the company providing it.

 

Changes to Our Privacy Policy
This Privacy Policy is effective as of the date stated at the top of this policy. We may change this Privacy Policy from time to time, and will post any changes on our Site as soon as they go into effect. By accessing the Site after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of information is governed by the Privacy Policy in effect at the time we use the information. Please refer back to this Privacy Policy on a regular basis. If we make any material changes we will notify you by email sent to the e-mail address specified in your account or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

 

How to Contact Us
If you wish to contact us about this Privacy Policy, you may reach us by email at info@modaoperandi.com or by telephone at 1 (888) 797-2741 in the U.S. and Canada or 1 (212) 796-5704 internationally.

 

Moda Operandi, Inc.
315 Hudson Street
5th Floor
New York NY 10013