Last Updated June 13, 2023

Through the www.modacity.co website and related mobile application, Modacity, Inc. (“Modacity”, “we”, “us” or “our”) may provide you with access to various user-generated and other content and music resources (collectively, the “Services”) This Privacy Policy sets forth our policies with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from you when using the Services. This Privacy Policy is incorporated by reference in the Modacity End User Terms of Use, which govern your use of the Services.  

SCOPE AND APPLICATION

This Privacy Policy (“Statement”) applies to persons anywhere in the world who use our apps or Services to plan personalized workouts (“Users”).

COLLECTION OF INFORMATION

INFORMATION YOU PROVIDE TO US

We may collect Personal Data you voluntarily provide directly to us, such as when you enter personal information, practice information, your instrument, proficiency and/or practice data, contact customer support, or otherwise communicate with us. Such information may include, among other things, your name, contact information, gender, birth date, musical instrument, and goals, as well as information about friends you invite to the app. This data may be combined with other information collected through the app or through the wearable devices or online services that you associate with the app, including details about your exercise activities (e.g., active energy, workouts, heart rate, calories burned, and location).  By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data through the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to our offices and servers or those of our contractors located in the United States and other countries. However, we will cease using your Personal Data once you cancel or terminate your registration for the Services.

INFORMATION WE COLLECT THROUGH YOUR USE OF OUR SERVICES

When you use our Services, we may collect information about you in the following general categories:

• Usage and Preference Information: We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases, we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers.

• Log Information: When you interact with the Services, we may collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.

• Location Data: The Services now or in the future include various location-based features, such as mapping outdoor music activities. To provide these location-based features, we may collect, use and share precise location data, including the real-time geographic location of your mobile device. For some third-party partners, this information will be shared automatically. For others, such as Facebook, this information will only be shared with your explicit permission or if you choose to share it.

• Information you provide to us:  When you interact with the Services you may elect to provide your email address and other personal information.

USE OF INFORMATION

We may use the information we collect about you to:

• Provide, maintain, and improve our Services, including, for example, to monitor what Services you use, do not use, provide products and services you request (and send related information), develop new features, develop safety features, and send product updates and administrative messages;

• Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;  

• Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Modacity and other companies, where permissible and according to local applicable laws; and to process contests, sweepstakes, or other promotion entries and fulfill any related awards;

• Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.  

We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.

SHARING OF INFORMATION

We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:

THROUGH OUR SERVICES

We may share your information:

• With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;

• With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public; and

• With third parties with whom you choose to let us share information, for example, other apps or websites that integrate with our Services, or those with a Service with which we integrate.
  

OTHER IMPORTANT SHARING

We may share your information:

• With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;

• In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;

• With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Modacity or others;

• In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;

• If we otherwise notify you and you consent to the sharing; and

• In an aggregated and/or anonymized form which cannot reasonably be used to identify you.

YOUR CHOICES

ACCESS RIGHTS

Modacity will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.

PROMOTIONAL COMMUNICATIONS

You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.

YOUR CALIFORNIA PRIVACY RIGHTS

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Modacity does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.

CHILDREN

We do not knowingly collect Personal Data from children under the age of 13 and do not target our websites to children under 13. If you are under thirteen, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Data through any of our Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us, please contact us, and we will endeavor to delete that information from our databases.

CHANGES TO THE STATEMENT

We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.

CONTACT US

If you have any additional questions or concerns about this Privacy Policy, please feel free to contact us at hello@modacity.co