Modak Program Privacy Policy

Effective Date: April 17, 2023

LAST UPDATE: NOVEMBER 30, 2023

This policy describes how Modak Communities Operating Holdings Inc. (“Modak,” “we,” or “us”) collects, aggregates, stores, safeguards and uses the data and information (including non-public personal information, or “NPI”) about you and your family. It applies to everyone who: visits our websites that link to this Privacy Statement through our website, www.modakmakers.com (the “Site”); uses our mobile applications, financial accounts and cards (collectively, the “App”); uses our platforms - including touch technologies, electronic services, social networking sites, interactive features, online services or any of our described online activities we own or control that link to this Privacy Statement (collectively, our “Platforms”) - or otherwise uses the services we provide (collectively, the “Services”).

We take your privacy and the security of your information seriously. This policy explains:

What information we collect, and how we use it
Choices you can make about the way your information is collected and used
How we protect personal information electronically and physically.

This policy is incorporated into and a material term of your registration and/or use of Modak’s products and services, including our website, www.modakmakers.com.  By using the Site or Services, you consent to the practices set forth in this Privacy Policy.When the Privacy Policy mentions “Company,” “we,” “us,” or “our,” it refers to Modak, a Delaware C-corp corporation with whom you are contracting in this policy. Modak Communities Operating Holdings Inc. is referred to herein as “Modak” unless the context requires otherwise.

REGISTRATION
Participants aged below 13
The commencement of the registration procedure on behalf of individuals aged under 13 necessitates action from parents or legal guardians. During the registration process, digital agreement is sought, mandating your assertion as the parent or legal guardian of any individual under 13 whose account you register. This assertion also signifies your agreement with our compilation and utilization of the minor's personal details in alignment with this Privacy Statement. In cases where a registrant under 13 begins the registration procedure without parental or guardian involvement, the session will terminate, and the minor will be informed about the requirement for parental or guardian input to establish an account. During such instances, we abstain from retaining the mobile number, date of birth, or any other personal information of individuals under 13 until a parent or guardian initiates a fresh registration.

PERSONAL INFORMATION USAGE
Our utilization of personal information serves the subsequent objective for the promotion of our offerings and services, and includes tailored advertising based on interests, involving collaboration with external advertising and social media firms to exhibit promotions for our services and others' across the online realm. Our App refrains from employing third-party advertising technologies that target interest-based advertisements towards children under 13 who are logged into our platform.

INFORMATION WE COLLECT
Information You Provide to Us
Modak collects information from you when you choose to provide it to us through the Site or through any other means. This may include when you create an account on the Site, register or request products or services, request information from us, sign up for newsletters or our email lists, use our Site, or otherwise contact us.
The information we collect may include your name, address, email address, telephone or mobile phone number, information relating to your employment or professional activities and financial account information. You may be required to provide certain personal and/or business information to apply for and receive Modak products services.

Information We Automatically Collect
We may use cookies or other technologies to automatically collect certain information when you visit our Site or interact with our emails. For example, if you are responding to an offer, promotional email or other email from us, we may automatically populate your personal information into our system once you enter your offer code or similar identifying device or otherwise accept your offer or promotion. Additionally, we may automatically collect certain non-personal information from you such as your browser type, operating system, software version, and Internet Protocol ("IP") address. We also may collect information about your use of the Site, including the date and time of access, the areas or pages that you visit, the amount of time you spend using the Site, the number of times you return, whether you open, forward, or click-through emails, and other Site usage data.
You may adjust your browser or operating system settings to limit this tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the "Help" menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. Please note that our system may not respond to Do Not Track requests or headers from some or all browsers.

HOW WE USE INFORMATION WE COLLECT
Modak uses the data and information you provide in a manner that is consistent with this Privacy Policy and applicable law. If you provide personal data for a certain reason, we may use the personal data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the personal data you provide to answer your question or resolve your problem. Also, if you provide personal data in order to obtain access to the Site or Services, we will use your personal data to provide you with access to such services and to monitor your use of such services.
Modak may also use your personal data and other personally non-identifiable information collected through the Site or the provision of the Services to help us improve the content and functionality of the Site or the Services, to better understand our users and to improve the Site and the Services. Modak and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

SHARING OF INFORMATION WE COLLECT
Modak is not in the business of selling your information.  There are, however, certain circumstances in which we may share your personal data with certain third parties without further notice to you, as set forth below:Agents, Consultants, and Third-Party Service Providers:

Modak, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.Business Transfers:

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal data may be part of the transferred assets.
Related Companies:
We may also share your personal data with our corporate affiliates and subsidiaries, if any, for purposes consistent with this Privacy Policy.

Legal Requirements:
Modak may disclose your personal data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Modak, (iii) act in urgent circumstances to protect the personal safety of users of the Site, the Services or the public, or (iv) protect against legal liability.

WEBSITE AND PROMOTIONS:

Even though we furnish a Service for families, our Website functions solely for promotional intentions and is not targeted at individuals under 13 years old. We consciously abstain from procuring any information from individuals below 13 years old on our Website. If it comes to our attention that we've inadvertently gathered personal information from a child under 13 without the necessary legal consent from a parent or guardian, we will expunge said information.

LINKS TO OTHER WEBSITES
The Site may have links to third-party websites, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites, nor does any such link imply that Modak endorses or has reviewed the third party site subject to such link. We suggest contacting those sites directly for information on their privacy policies.

CHILDREN AND MINORS
Modak prioritizes the safety of your children. During the registration process, we ask for your mobile phone number and date of birth, which we use to determine your age and eligibility for the Service. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal data without their permission. If you are under the age of 13, please do not submit any personal data through the Services. For children 13 years or older but younger than 18, we request that the child provide a first and last name, an email address and password, and a parent's mobile phone number so that we can provide the parent with information about the program and to register for an account. If you request that we delete your child's personal information, we will delete as much information as we are legally permitted. Due to regulatory recordkeeping obligations, we may be required by law to retain some information associated with a closed account.

We are committed to ensuring that Personal Information, as defined by COPPA, is not knowingly collected directly from children under the age of 13. In cases where an individual under the age of 13 is added to an account by the primary account holder (i.e. parent or legal guardian) as an authorized user, the necessary information for this addition will be provided to Modak by the primary account holder. Once the individual is added as an authorized user to the primary account, Modak will exclusively gather and utilize Personal Information pertaining to the authorized user, solely for the purpose of delivering Modak services. Any such information will not be disclosed to third parties for any purposes that are not mandated or allowed by law.

If at any time you become aware that your child has shared Personal Information with us without your consent, please promptly notify us by reaching out to us at data_privacy@modakmakers.comYou can also request to discontinue the further collection of personal information of a child by contacting us at the same email address.

DATA SECURITY
We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers and Site visitors. While we make reasonable efforts to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.  Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any personal data to Modak via the Internet.

HOW WE KEEP YOUR INFORMATION
We will only retain your information and credit card data for as long as necessary to fulfill the purpose(s) for which it was collected, provide our products and services, resolve disputes, establish legal defenses, conduct audits, enforce our agreements, and comply with applicable laws. Once your information and credit card data is no longer necessary for these purposes, we will securely delete it or render it irretrievable.

DELETION OF YOUR INFORMATION
We will securely delete or render irretrievable all your information and credit card data that is no longer necessary for the purposes for which it was collected.

BACKUP DATA RETENTION
All backup data will be subject to the same retention and deletion policies as outlined above. Backup data containing credit card data will only be retained for as long as necessary to fulfill the purpose(s) for which it was collected and comply with applicable laws

ACCESS TO YOUR PERSONAL INFORMATION
To keep your personal data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct personal information in our possession that you have previously submitted via the Services.

Who Can I Contact at Modak Regarding Data Protection Issues?
Modak has designated a Data Protection Officer to assist with data privacy and data protection issues. You may contact him or her by emailing data_privacy@modakmakers.com and addressing your questions or concerns to the Data Protection Officer.

IF YOU HAVE QUESTIONS
If you have any questions about this Privacy Statement or the practices described herein, you may contact us at: hi@modakmakers.com

CHANGES TO THIS STATEMENT
Modak reserves the right to revise this Privacy Policy at any time. When we do, we will post the change(s) on the Site. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site and the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

CONSUMER PRIVACY NOTICE

WHAT DOES MODAK COMMUNITIES OPERATING HOLDING INC. DO WITH YOUR INFORMATION?

Why?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?
The types of personal information we collect and share depend on the product or service you have with us. This information includes, but is not limited to: 
- Name: Your full name, which you provide when creating an account or requesting our products or services.
- Address: Your residential or business address, supplied during registration or service requests.
- Email Address: The email address used for communication, newsletter sign-ups, or account creation.
- Telephone or Mobile Phone Number: Contact numbers you share with us for communication.
- Financial Account Information: Information related to your financial accounts, may be necessary for certain Modak products or services.
How?
All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Modak Communities Operating Holdings Inc. chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information
Does Modak Communities Operating Holdings Inc. share?
Can you limit this sharing?
For our everyday business purposes— such as to process your transactions, maintain  your account(s), respond to court orders and legal  investigations, or report to credit bureaus
Yes
No
For our marketing purposes— to offer our products and services to you
Yes
No
For joint marketing with other financial companies
Yes
No
For our affiliates’ everyday business purposes— information about your transactions and experiences
No
We don't share
For our affiliates’ everyday business purposes— information about your creditworthiness
No
No
For our affiliates to market to you
No
We don't share
For nonaffiliates to market to you — information about your transactions and experiences
Yes
Yes
To limit our sharing
Visit us online: https://www.modakmakers.com/legal/privacy
Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we will continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing.
Questions
Go to: https://www.modakmakers.com/
Who we are
Who is providing this notice?
Modak Communities Operating Holdings Inc.
What we do
How does Modak Communities Operating Holdings Inc. protect my personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. 
How does Modak Communities Operating Holdings Inc. collect my personal information?
We collect your personal information, for example, when you:
- Open an account or give us your information 
- Provide account information 
- Use your card  

We may use credit bureaus, affiliates, or other companies in order to collect personal information, as long as it’s in compliance with federal and state laws.
Why can’t I limit all sharing?
Federal law gives you the right to limit only: 
- Sharing for affiliates’ everyday business purposes—information  about your creditworthiness 
- Affiliates from using your information to market to you 
- Sharing for nonaffiliates to market to you  

State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
What happens when I limit sharing for an account I hold jointly with someone else?
Your choices will apply to everyone on your account. 
Definitions
Affiliates
Companies related by common ownership or control. They can be financial and nonfinancial companies.
- Modak Communities Operating Holdings Inc. has no affiliates.
Nonaffiliates
Companies not related by common ownership or control. They can be financial and nonfinancial companies.
- Nonaffiliates we share with can include our financial banking partners or retail partners
Joint Marketing
A formal agreement between nonaffiliated financial companies that together market financial products or services to you.Our joint marketing partners include our banking partners.
Other important information
For California Customers. If your account has a California mailing address, we will not share personal information we collect about you except to the extent permitted under California law.
For Vermont Customers. We will not disclose your personal information or financial information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures.

Modak is a financial technology company and not a FDIC-insured bank

Checking account and the Modak Visa® debit card issued by Lewis & Clark Bank, Member FDIC.

Funds deposited into Checking may be eligible for up to $250,000 of FDIC insurance.

The FDIC’s deposit insurance coverage only protects against the failure of an FDIC-insured depository institution.

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