Last Updated: July 9, 2018

1. Purpose

This Privacy Policy is incorporated by reference into the Mode Terms of Service (the Terms). The terms Mode, we, and us include The Mode Group and our affiliates and subsidiaries. This Privacy Policy explains our online and offline information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt-out of a use or correct or change such information. All other terms not defined in Section 11 or otherwise herein will have the meanings set forth in the Terms.

2. Scope

This Privacy Policy applies to Personal Information that is Processed by Mode in the course of our business, including on Mode Websites and Portal (each a Site) and other online or offline offerings (together with any and all future online and offline offerings operated by or on behalf of Mode, the Services).

Mode complies with the requirements of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively Privacy Shield), as set forth by the U.S. Department of Commerce and the Federal Trade Commission (FTC), regarding the collection, use, and retention of Personal Information transferred from the European Economic Area and Switzerland to the United States. Mode has certified to the Department of Commerce that it adheres to the Privacy Shield Principles and Supplemental Principles. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view Mode's certification, please visit https://www.privacyshield.gov/. A list of Privacy Shield participants is maintained by the Department of Commerce and is available at https://www.privacyshield.gov/list.

Additionally, Mode may protect information through other legally valid methods, including international data transfer agreements.

This Policy applies to all Mode's operating divisions, subsidiaries, affiliates, and branches, including its U.S. affiliates certified under the Privacy Shield and any additional subsidiary, affiliate, or branch of Mode that we may subsequently form.

3. Transparency/Notice — Types of Personal Information We Collect and How We Use It

Mode collects Personal Information regarding its current, prospective, and former clients, customers, users, visitors, and guests (collectively Individuals). The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with Mode and the requirements of applicable law. Some of the ways that Mode may collect Personal Information include:

• You may provide Personal Information directly to Mode through interacting with the Services, participating in surveys, and requesting Services, or information.
• As you navigate the Sites, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
• We endeavor to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.

3.1 Information You Provide Directly to Us

When you use the Sites or engage in certain activities, such as registering for an Account with Mode, responding to surveys, requesting Services or information, or contacting us directly, we may ask you to provide some or all of the following types of information:

• Communications with Us. We may collect Personal Information from you such as email address, phone number or mailing address when you choose to request information about our Services, register for Mode's newsletter, request to receive customer or technical support, or otherwise communicate with us.
• Surveys. From time to time, we may contact you to participate in online surveys. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products, Sites and/or services and in any manner consistent with the policies provided herein.
• Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.

3.2 How Mode Uses Your Information

We acquire, hold, use, and Process Personal Information about Individuals for a variety of business purposes, including:

• To Provide Products, Services, or Information Requested. Mode may use information about you to fulfill requests for products, Services, or information, including information about potential or future Services, including to:
  • Generally manage Individual information and Accounts;
  • Respond to questions, comments, and other requests;
  • Provide access to certain areas, functionalities, and features of Mode's Services;
  • Contact you to answer requests for customer support or technical support;
  • Allow you to register for events.
• Administrative Purposes. Mode may use Personal Information about you for its administrative purposes, including to:
  • Measure interest in Mode's Services;
  • Develop new products and Services;
  • Ensure internal quality control;
  • Verify Individual identity;
  • Communicate about Individual Accounts and activities on Mode's Services and systems, and, in Mode's discretion, changes to any Mode policy;
  • Send email to the email address you provide to us to verify your Account and for informational and operational purposes, such as Account management, customer service, or system maintenance;
  • Process payment for products or services purchased;
  • Process applications and transactions;
  • Prevent potentially prohibited or illegal activities;
  • Enforce our Terms.
• Marketing Mode Products and Services. Mode may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. Mode may provide you with these materials by phone or email, as permitted by applicable law. Such uses include:
  • To tailor content, advertisements, and offers;
  • To notify you about offers, products, and services that may be of interest to you;
  • To provide Services to you and our sponsors;
  • For other purposes disclosed at the time that Individuals provide Personal Information; or
  • Otherwise with your consent.

  You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 5 below.

• Research and Development. Mode may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. From time to time, Mode may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
• Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails, newsletters, mailings, or phone calls from us with information on Mode's or our business partners' products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 5 below.
• Services via Mobile Devices. From time to time, Mode may provide Services that are specifically designed to be compatible and used on mobile devices. Mode will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings, location information, mobile carrier, and the operating system of your device. Mobile versions of Mode's Services may require that users log in with an Account. In such cases, information about use of mobile versions of the Services may be associated with Accounts. In addition, Mode may enable Individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to Mode to enable Individuals to access Accounts and to enable Mode to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. Mode may use personal or non-identifiable information transmitted to Mode to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Policy or in other notices Mode provides.
• Anonymous and Aggregated Information Use. Mode may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Mode's Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors' interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and Mode may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Mode and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
• Other Uses. Mode may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, responding to inquiries through email or web forms, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.

3.3 Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising

We, as well as Third Parties that provide content or other functionality on our Sites, may use cookies, pixel tags, local storage, and other technologies (Technologies) to automatically collect information through the Sites. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a device) that allow us to record certain pieces of information whenever you visit or interact with our sites, services, applications, messaging, and tools, and to recognize you across devices.

• Cookies. Cookies are small text files placed in visitors' computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users' engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page.
• Social Media Widgets: Our Website includes social media features such as the Facebook Like" button and LinkedIn (that might include widgets such as the share this button or other interactive mini-programs). 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. These social media features are either hosted by a Third Party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.
• Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit https://www.google.com/policies/privacy/partners/. You can opt out of Google's collection and Processing of data generated by your use of the Services by going to https://tools.google.com/dlpage/gaoptout.

Our uses of such Technologies fall into the following general categories:

• Operationally Necessary. We may use cookies, web beacons, or other similar technologies that are necessary to the operation of our sites, services, applications, and tools. This includes technologies that allow you access to our sites, services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
• Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our websites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use our websites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools;
• Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our sites, services, applications, or tools. This may include identifying you when you sign into our sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our sites;

If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.

3.4 Third-Party Websites and Social Media Platforms

The Site may contain links to other websites and other websites may reference or link to our Site or other Services. These other domains and websites are not controlled by us, and Mode does not endorse or make any representations about Third-Party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

Mode's Sites may include publicly accessible blogs, community forums, or private messaging features. The Site may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using our Site or other Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

4. Onward Transfer — Mode May Disclose Your Information

4.1 Information We Share

We may share your information as described in this Privacy Policy (e.g., with our Third-Party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.

• We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Site. Mode has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
• Business Partners. Mode may share Personal Information with our business partners, and affiliates for our and our affiliates' internal business purposes or to provide you with a product or service that you have requested. Mode may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner's name will appear, along with Mode. Mode requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Mode provided them.
• Displaying to Other Users. The content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.
• Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Information, other Account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours', ours' or others' rights, property, or safety; (iv) to enforce Mode policies or contracts; (v) to collect amounts owed to Mode; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
• In addition, from time to time, server logs may be reviewed for security purposes - e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
• Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, Mode will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.

4.2 Data Transfers

All Personal Information collected via or by Mode is stored in the United States in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. With respect to transfers to our Agents, Privacy Shield requires that Mode remain liable should its Agents Process Personal Information in a manner inconsistent with the Privacy Shield Principles.

5. Right to Restrict Processing

5.1 Email and Telephone Communications

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Mode and our Services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

5.2 Do Not Track

Do Not Track (DNT) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

5.3 Cookies and Interest-Based Advertising

As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at http://www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and http://www.aboutads.info/choices/. You can also choose not to be included in Google Analytics at https://tools.google.com/dlpage/gaoptout.

To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on Third-Party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners' use of this information for interest-based advertising purposes.

6. Rights of Access, Rectification, Erasure, and Restriction

You may inquire as to whether Mode is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where permitted by applicable law, you may send an email to privacy@mode.net or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by Mode. Please include your full name, email address associated with your Account, and a detailed description of your data request. Such requests will be processed in line with applicable laws.

Although Mode makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Mode is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others' privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual's privacy in the case in question or where it is commercially proprietary. If Mode determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Mode will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

7. Data Retention

Mode retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

8. Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing.

9. Redress/Compliance and Accountability

If you have any questions about our privacy practices or this Privacy Policy, please contact Mode by email at privacy@mode.net. We will address your concerns and attempt to resolve any privacy issues in a timely manner.

If you are an EU or Swiss citizen and feel that Mode is not abiding by the terms of this Policy, or is not in compliance with the Privacy Shield Principles, please contact Mode at the contact information provided above.

In addition, Mode has agreed to refer unresolved complaints related to Personal Information to JAMS Privacy Shield Dispute Resolution Program. For more information and to submit a complaint regarding Individual data to JAMS, visit https://www.jamsadr.com/eu-us-privacy-shield. The services of JAMS are provided at no cost to you.

You may also have a right, under certain conditions, to invoke binding arbitration under Privacy Shield; for additional information, see https://www.privacyshield.gov/article?id=ANNEX-I-introduction. The FTC has jurisdiction over Mode's compliance with the Privacy Shield.

In providing the Services, Mode serves as an electronic information conduit that permits customers to transmit, route, or switch information. In doing so, Mode's customers, and not Mode, determine the purposes and means of processing personal data transmitted through Mode's network. As the Privacy Shield Principles do not impose secondary liability, Mode may rely on its subscribers to comply with legal requirements underlying the Principles with respect to such processing.

10. Other Rights and Important Information

10.1 Changes To Our Privacy Policy and Practices

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Services.

• Revision to the Privacy Policy. We may revise this Privacy Policy in our sole discretion, so review it periodically. If you continue to visit this Site and use the services made available to you after such changes have been made, you hereby provide your consent to the changes.
• Posting of Revised Privacy Policy. If there are any material changes to this Privacy Policy, Mode will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.
• New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, Mode will endeavor to comply with the law or contract.

11. Definitions

The following capitalized terms shall have the meanings herein as set forth below.

• Account means an account for the use of Mode's services created by Mode or by a Mode user.
• Agent means any Third Party that Processes Personal Information pursuant to the instructions of, and solely for, Mode or to which Mode discloses Personal Information for use on its behalf.
• Personal Information is any information relating to an identified or identifiable natural person ("Individual"). Additionally, it includes fifteen (15) of the sixteen (16) supplemental principles described in the Privacy Shield: (1) sensitive data, (2) journalistic exceptions, (3) secondary liability, (4) performing due diligence and conducting audits, (5) the role of the data protection authorities, (6) self-certification, (7) verification, (8) access, (10) obligatory contracts for onward transfers, (11) dispute resolution and enforcement, (12) choice – timing of opt-out, (13) travel information, (14) pharmaceutical and medical products, (15) public record and publicly available information, and (16) access requests by public authorities. The ninth supplemental principle, human resources data, is not applicable to this Policy.
• Process or Processing means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
• Sensitive Data or Sensitive Personal Information is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes Personal Information regarding EU residents that is classified as a Special Category of Personal Data under EU law, which consists of the following data elements: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual's sex life; or (8) information relating to the commission of a criminal offense.
• Third Party is any company, natural or legal person, public authority, agency, or body other than the Individual, Mode or Mode's Agents.