Privacy Policy | Moda Operandi

Last Updated: April 21, 2023Moda Operandi, Inc. (together with our affiliates and subsidiaries, “Moda”, "we", "us,", or "our”) created this Privacy Policy to inform you about how we process the information we collect from and about you when you visit our website located at www.modaoperandi.com (the "Site"), access our mobile applications ("Mobile App"), purchase any of our ("Products"), visit our showrooms, attend our events, or use any of our services, features, or other offerings (collectively, the “Services”).By using or accessing our Services, you agree to this Privacy Policy. For questions about our Services, or other requests not pertaining to data privacy, please see our Terms and Conditions.

Information We Collect & How We Use ItWe collect and use information as described in this Privacy Policy.Information We Collect Directly From YouContact and Registration InformationWe collect certain information on our Services from visitors and customers who wish to obtain information or support, purchase our Products, or use our Services (e.g., booking a Showroom or Customer Acquisition Appointment). Information we collect may include your username and password, and contact information, such as, first name, last name, shipping address, telephone number, and email address ("Registration Information"), or other information that you submit to us. Registration Information is used to establish an account, and/or provide the requested Product, Services, or information, and to contact prospective and current customers for purposes of direct marketing of our current and future products and services. In accordance with applicable legal requirements, when you request and/or agree to receive marketing emails, newsletters, or similar communications, or when you have purchased Products or Services, or expressed interest in such Products or Services (e.g., by attending a showroom or customer acquisition appointment), we will use your Registration Information for purposes of direct marketing of our current and future Services, and to send you communications via email or SMS, such as for marketing or information and operational purposes (including, but not limited to, account management, customer service, or system maintenance).Billing InformationIf you wish to purchase a Product or Service through the Services, you will be required to provide information which may include a billing address, payment method, credit card number, expiration date, card verification value, and similar information ("Billing Information"). We directly collect and use Billing Information to support our checkout process and improve our Services, such as personalizing your checkout process and options. Billing Information is collected and processed by our third-party payment processor operating as our agent.Customer Purchase and Browsing DataWe collect and use the information we have about your past purchases and browsing activity to create customer profiles and deliver personalized user experiences and product recommendations.Customer Relationship Data & Customer Submitted InformationWe use an internal customer relationship management (“CRM”) system to access and use order history information as well as Product and interaction preferences. Our private client advisors or our other team members may also request and receive characteristics information about you, such as your measurements, style and fit preferences, birthday, and other communications between you and Moda Operandi or those acting on our behalf (collectively, “Customer Relationship Data”) to help us provide you with our Services. Any information provided to/or collected by us for these purposes will be used to provide our Services in accordance with this Privacy Policy. You may request that we delete your Customer Relationship Data. To submit a request, please see"Your Rights and Choices" below.We also collect information that you submit to us, such as when you communicate with our Care team, private client advisors, or other Moda employees, representatives, agents, or third parties providing services on our behalf. This includes information that you submit when you engage in our online customer service chat functionality. These chats may be recorded and stored by us and our third-party chat service providers for quality and assurance purposes. In addition, from time to time we may contact you to participate in optional surveys—if you do decide to participate, you may be asked to provide certain information, which may include contact details and questions about your preferences.Information We Collect PassivelyWhen you use our Services, we may passively collect a variety of information about you, your devices, and your interactions with our Services.LoggingLike many online and digital services, we (or third parties acting on our behalf) automatically receive and record certain information about visitors and users of our Services. Our servers and IT applications automatically collect certain information on traffic, usage and patterns, and store it in log files. The information we collect for this purpose includes IP addresses, user agent information (such as your browser type), internet service provider, entry/exit pages, date and time stamps, clickstream information, and other session activity. We analyze this information so we can better understand trends, administer and improve the Services, and make certain decisions in the interest of our customers.CookiesWe use cookies and similar technologies to help us collect information about your use of our Services. Cookies are small files sent to your device by us that help us better tailor our Services to you. A cookie is unique to your browser. Some cookies are session-based and only last while your browser is open, while others are persistent and last until you or your browser deletes them.We use cookies for a number of reasons to help us better personalize your experience and improve our Services. Some cookies may be necessary for us to provide you with certain features or the Services that you request, such as logging into your account—if you disable these cookies, certain features or Services may not function as expected. We also may use cookies to record some of your choices and settings, which help us personalize your experience with our Services (for example, remembering your name on our Site or Mobile App). Some of the cookies from our Site and Mobile App come from companies that help us process data or provide us with certain services, such as performance and analytical insights. For more information about our use of third-party cookies, please see the "Information Collected by Third Parties" section below. To learn more about cookies and how to manage or delete them, please visit https://www.allaboutcookies.org/We may also use web beacons or other technologies to help us manage content on the Services, for example, to track what content is most interacted with. We may use these technologies to track online movement of our customers and visitors/users to our Site or Mobile App, but in contrast to cookies (which are stored on a local hard drive), these technologies are embedded in our Site or the Mobile App. We may also use these technologies in our emails to see what emails are opened so we can gauge the effectiveness of certain communications, such as our marketing campaigns.De-Identified DataIn an ongoing effort to better understand our users and usage of our Services, we may de-identify the information we collect from and about you so that such information can no longer be tied to you personally (“De-Identified Data”). We may analyze, use, or disclose such De-Identified Data for any purpose, including, but not limited to, operating, maintaining, managing, and improving our Services, marketing, improving our Products, and disclosing such information to our agents, business partners, affiliates, or any other third party. We may also disclose De-Identified Data and related user statistics in order to describe our Services to current and prospective business partners and to other third parties for other lawful purposes.Internal and Services-Related UsageWe use your information to continue improving and developing Products and Services that we may offer you, and to optimize your experience with us. We use and retain the information we collect to analyze, improve, and facilitate the development of our Services, including: to analyze interactions with and performance of our Services; to better understand your use of the Services and of our customers and visitors; to debug and identify errors that impair functionality; to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; for research and development; and to improve, supplement, or enhance our Services, or develop new products and services.Displaying to Other Customers or UsersAny content that you post in a publicly viewable forum on our Services (for example, in a public chat, forum, or in a Product review) may be publicly displayed on our Site, Mobile App, or otherwise through our Services and viewable by third parties, who may be able to see some or all of the content that you post and other information about you, such as your name or username that you use to post such information. Moda is not responsible for the content that you post or the privacy practices of other visitors or customers who may view and use information that you post in such public forums.Information From Third PartiesWe may collect information about you from third parties or supplement the information we collect from you with additional records received from third parties. We also collect information from third parties to enhance our ability to serve you, to tailor our content to you, to offer you information that we believe may be of interest to you, and to inform our commercial and operational decisions.

Analytics InformationWe use third-party service providers on the Site and the Mobile App (such as Google Analytics and Google Optimize) to evaluate your use of the Site and Mobile App, compile reports on activity (based on the collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Site and Mobile App you visit, number of links clicked, search terms, and other similar usage data), and/or analyze performance metrics. These parties may use cookies and other technologies to help collect, analyze and provide us with reports and/or data.For more information on these third parties, including how to opt-out from certain data collection, please review the section on "Your Rights and Choices" below.Remarketing & AdvertisingWe partner with third-party advertising companies and marketing organizations (“Ad Network Partners”) to either display advertising on our Site or Mobile App which we believe will be of interest to you, or to display our advertising on other sites or apps. Our Ad Network Partners use cookies and web beacons (for example, pixels) and may collect certain data typically associated with online identifiers, including your email, email hash, user ID, session ID, cookie ID, browser type, mobile device, referring URL, member ID, city, country, demographic data, and information about your activities on our Site or Mobile App and other web sites and apps to provide you targeted advertising based upon your consumer profile. Please see the "Your Rights and Choices" section below for more information on how to opt-out.Social Media Platforms and Interactive FeaturesOur Services may include or contain certain social media plug-ins or other interactive features provided by various third-party platforms, such as the ability to post to Facebook, create a Pinterest board, or view and engage in a live-streamed event. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie (or use similar technologies) to enable the feature to function properly. These features are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policies of the companies providing them. If you already use these features or platforms, their cookies may be set on your device when using the Services.Legal Bases for ProcessingThe laws in some jurisdictions require companies to tell you about the legal grounds they rely on to process your information. Our legal bases for processing your information as described in this Privacy Policy are as follows:

Where use of your information is necessary to perform our obligations under a contract or commitment to you. For example, to provide the services you’ve requested from us, or to comply with our Terms & Conditions.
Where use of your information furthers our legitimate interests or the legitimate interests of others. For example, to provide security for our Services, operate our business and our Services, make and receive payments, defend our legal rights, and prevent fraud.
Where we use your information to comply with applicable legal obligations. For example, keeping track of purchases for tax and auditing purposes.
Where you have consented to our processing of your information for a particular purpose.

For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

How We Disclose Your InformationWe disclose your information as discussed in this section.Service ProvidersWe may engage other companies to perform services on our behalf, and we may disclose information to them for use in providing these services, such as research services and certain business-related functions, database management/backup services, maintenance, security, data analytics, communications, shipping, logistics, and fulfillment, mail centers, promotional and marketing purposes, sweepstakes and contests, advertising, payment processing services, customer service and online chat functionality providers, data hosting services, IT support services, and sales support companies.Brand PartnersIn accordance with applicable legal requirements, we may disclose your personal information to our brand partners so that they may provide you with promotions and offers that may be of interest to you. To opt out of such disclosure, please see the "Your Rights and Choices" section below.Our AffiliatesWe may disclose your information to our affiliates, which may include a parent company, subsidiaries, joint venture parties, or other companies that we control or are under common control with us, in which case their use of your information will be treated in accordance with this Privacy Policy.Public AuthoritiesWe may access, preserve, and disclose information if we believe in good faith that doing so is required or appropriate to comply with laws, regulations, law enforcement requests, and to comply with other legal processes, such as a court order, government request, or subpoena, including for the purpose of meeting national security or law enforcement requirements.Protecting Our RightsWe may also use or disclose information where appropriate or necessary for us to: prevent or address violations of the Terms of Service, this Privacy Policy, or our other agreements; protect our, your, or others’ rights and/or property, or safety; maintain and protect the security and integrity of our Products and Services or infrastructure; protect ourselves and our Services from fraudulent, abusive, or unlawful uses; or investigate and defend ourselves against claims or allegations.Online Advertising PartnersAs discussed above in the "Remarketing & Advertising" section, we may disclose certain information about you to our Ad Network Partners to assist us in our online advertising and measurement activities.Business TransfersAs we develop our business, we might sell or buy businesses or some or all of our assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, we expect that information that we have collected, including information from and about you, would be transferred to one or more surviving or acquiring entities. All such transfers shall be subject to our commitments with respect to the privacy as set forth in this Privacy Policy. This policy shall be binding upon Moda Operandi and its legal successors in interest.Retention of Personal InformationWe will retain information for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, subsequently authorized, as necessary or appropriate to provide the Services, and for business continuity purposes. We also retain information as permitted or required under applicable law to comply with applicable law, to resolve disputes, and to enforce our rights and agreements.

Your Rights and ChoicesRights Regarding the Information we ProcessDepending on your geographic location or place of residence, you may have certain statutory rights in relation to your information. Specifically, you may be able to request the following:

Access to, or a copy of, your information
Confirmation that we are processing your information
Correction or amendment of your information
Deletion of your information
Transfer of your information to a third party
Restriction or objection to certain uses of your information

You also have the right to opt out of “sales” of your information and “sharing/use of your information for targeted advertising” as described below. As provided in applicable law, you also have the right to not be discriminated against for exercising your rights.Please note that certain information may be exempt from such requests under applicable law. For example, we may not be able to alter or delete certain information if we are required to retain it to provide you with Services that you have requested or for us to fulfill other obligations to you, for security reasons, to comply with applicable law or regulations, or for internal business or other valid reasons. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. You may also be permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. If you would like further information regarding your legal rights or would like to exercise any of them, please fill out this form, or call our Customer Care Center at 1 (800) 707-9898 (the “Care Number”). If you are a Moda Operandi customer, you may review and make changes to certain of your information and related preferences through your customer account.Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. If we deny your request, we will provide you with information on how to appeal the decision, if applicable, in our communications with you.Marketing Emails & Communication PreferencesYou may opt out at any time from the use of your personal information for direct marketing purposes by emailing the instructions to [email protected], or by calling the Care Number.You may also manage your receipt of marketing communications by clicking on the "Unsubscribe" link located on the bottom of any Moda Operandi marketing email and following the instructions found on the page to which the link takes you. Note that you cannot opt out of receiving transactional emails related to the Services, as well as certain communications regarding changes to the Services or other information about your use of the Services. You can opt out of the receipt of SMS messages by following the instructions contained in those messages."Do Not Track" SignalsAt this time, our Site, Mobile App, and Services are not configured to read or respond to "do not track" signals from your browser or user agent. Please note that "Do Not Track" is a different mechanism than the browser-based privacy signals discussed immediately below.Opting Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising PurposesAs explained in the “Advertising & Remarketing" section above, we sometimes disclose information (e.g., usage information, online identifiers, and/or hashed email addresses) to Ad Network Partners we collaborate with or that provide online targeted advertising that we think may be of value to you, or to assist us with related advertising measurement and analytics activities. These disclosures may be considered a “sale” or the processing/sharing of personal information for targeted advertising purposes under applicable law.If you would like to opt out of our online disclosure of your personal information for purposes that could be considered “sales” or “sharing” for purposes of targeted advertising, please click here. You can also submit a request to opt out of our offline disclosures of information that are subject to applicable opt out rights (such as our disclosure of your information to brand partners to provide you with relevant marketing as discussed above) by clicking here or by emailing us at [email protected].Please note that if you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law.Privacy Information for California ResidentsIf you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to provide you with the following additional information about: (1) the purpose for which we use each category of “personal information” (as defined in the CCPA) we collect; and (2) the categories of third parties to which we (a) disclose such personal information for a business purpose, (b) “share” personal information for “cross-context behavioral advertising,” and/or (c) “sell” such personal information. Under the CCPA, “sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across websites, and “selling” is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration. We “share” information to provide more relevant and tailored advertising to you regarding our Services. Our use of third-party analytics services and online advertising services may result in the sharing of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information) in a way that may be considered a “sale” under the CCPA. The following chart details our practices in this regard. For all categories of third parties to which we disclose personal information for a business purposes, please see the "How We Disclose Your Information" section of our Privacy Policy above.

Category of Personal Information	Sources of Personal Information	Business Purpose	Categories of Consumers	Categories of Third Parties to Which we "Share" and "Sell" for advertising/analytics purposes
Identifiers (anything that can identify a person or device over time, including your name and email)	- Information submitted to us by our users or customers, or by our users or customers via our stylists and business partners ("User-submitted information") - Passive data collection	- To provide the Services - Business operations (e.g., internal research and analytics, billing and payment processing, account creation, purchase tracking, site design, personalization, and for fraud prevention and security (such as to analyze and detect unauthorized activity) (“Business Operations”) - Advertising and marketing purposes - Legal purposes	- Consumers who use our Services (including via our stylists and business partners), consumers who opt-in to our marketing content, consumers who purchase our goods, and consumers who attend our events	- With our Ad Network Partners and analytics providers
Financial and transactional information (e.g., purchase history and billing information)	- User-submitted information	- To provide the Services, - Business operations - Advertising and marketing purposes (only purchase history, not billing information) - Legal purposes	- People that use our site and Services, purchase goods from us, and people who attend our events.	- We don't sell/share
Demographic information (e.g., gender)	- User-submitted information	- To provide the Services - Business operations - Legal purposes	- Anyone that receives marketing content or uses our website	- With our Ad Network Partners and analytics providers
Electronic network activity	- User-submitted information - Passive data collection	- To provide the Services - Business operations - Advertising and marketing purposes - Legal purposes	- Visitors to our Site and Mobile App, and customers that purchase our goods	- With our Ad Network Partners and analytics providers
Geolocation data derived from your IP address	- Passive data collection	- To provide the Services, - Business operations - Advertising and marketing purposes - Legal purposes	- People who use our Services	- With our Ad Network Partners and analytics providers
Sensory Information (audio, electronic, visual, thermal, olfactory or similar)	- User-submitted information, such as calls to our customer care phone number	- To provide the Services, - Business operations - Legal purposes	- Consumers who call us directly	- We don't sell/share
Inferences drawn from any personal information collected	- User-submitted information - Passive data collection	- To provide the Services, - Business operations - Advertising and marketing purposes - Legal puerposes	- Consumers who use our Services, and Consumers who purchase our Products.	- With our Ad Network Partners and analytics providers

For more information about each category, purpose of use, and the third parties to which we disclose or share information, please see the “Information we Collect & How We Use It" and “How We Disclose Your Information” sections above.Your Choices Regarding “Sharing” and “Selling”:You have the right to opt out of our sale/sharing of your personal information for purposes of online analytics and advertising by clicking here. To opt out of the offline disclosure of your information to third parties for these purposes (such as our disclosure of your information to brand partners to provide you with relevant marketing as discussed above), please fill out our online request form.Financial IncentivesWe offer various financial incentives. For example, we may provide discounts, coupons and other benefits for customers who sign up to receive our marketing emails. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name and email address) and commercial information (like your purchase history). You can opt into a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt-out of the financial incentive, or our subsequent use of your personal information in connection with a financial incentive, at any time by contacting us at [email protected]. In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up. The value of your personal information will be reasonably related to the value of the offer or discount presented to you.Other CCPA RightsThe CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CCPA.Please see the “Your Rights and Choices” section of our Privacy Policy above for information about the additional rights you have with respect to your personal information under California law and how to exercise them.Retention of Your Personal InformationPlease see the “Retention of Your Information” section below.Retention of your informationWe retain information for different periods of time depending on the purposes for which we collect and use it, as described in this Privacy Policy. We will delete or de-identify information when it is no longer needed to fulfill these purposes unless a longer retention period is required to comply with applicable laws. There may be technical or other operational reasons where we are unable to fully delete or de-identify your information. Where this is the case, we will take reasonable measures to prevent further processing your information.

ChildrenOur Services are intended for general audiences and are not directed at children. If we become aware that we have collected data without legally valid parental consent from children under an age where such consent is required, we will take reasonable steps to delete it as soon as practicable.Information for international usersWe operate globally and may transfer, store, and/or process your information to or with other entities within the Moda family of companies or other third parties such as trusted service providers and partners in locations around the world (including the United States) for the purposes described in this Privacy Policy. Wherever your information is transferred, stored or processed by us, we take reasonable steps to protect your information in accordance with this Privacy Policy and applicable laws. These measures may include implementing Standard Contractual Clauses to govern the transfer of your information, or other means recognized by applicable laws. By providing us with your information, you acknowledge any such transfer, storage, or processing.If you have any concerns or complaints about our data processing activities, we urge you to first try to resolve such issues directly with us. However, if applicable, you may make a complaint to the data protection supervisory authority in the country where you are based, or seek a remedy through local courts if you believe your rights have been breached.Links to Other WebsitesThe Services 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 and conditions when visiting any other websites.How we Protect your InformationWe implement a variety of physical, administrative and technical security measures to protect your information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations. However, no electronic storage solution or transmission of information via the Internet can be entirely secure, so please note that we cannot guarantee absolute security.Changes to Our Privacy PolicyThis 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 as our business practices and applicable law change, and will post any changes on this page. By accessing or using our Services 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.How to Contact UsIf you wish to contact us about this Privacy Policy, you may reach us by email at [email protected] with the subject line, "Privacy Policy." You can also reach us at 1 (800) 707-9898 or by postal mail at 34 34th Street, Building 6, Suite 4A, Brooklyn, NY 11232, Attention: Legal Department.