Privacy Policy

Effective Date: January 1, 2020

Last updated: December 10, 2019

Welcome to the Modsy Privacy Policy

Pencil and Pixel, Inc. (“Modsy” or “we” or “us”) understands that privacy is a vital concern to our users. We respect your privacy and recognize the importance of your personal information. We are committed to protecting your information through our compliance with this Privacy Policy. This Privacy Policy describes the types of information we collect when you visit the Modsy.com website or sign up for, access, or use the Modsy services (collectively with the website, our “Services”), our practices for using, maintaining, protecting and disclosing that information, and your rights with regard to that information. Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will handle it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using our Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see What If There Are Changes to Our Privacy Policy? below). Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

What Information Do We Collect?

We collect several types of information from and about users of our Services. This information includes the following:

Information You Provide to Us

The information we collect on or through our Services may include:

  • Information you provide if you choose to register with us and set up a Modsy account. This information includes your name and email address, and may also include your phone number and physical address as well as billing and payment (credit card) information.
  • Photos of your room and related information so that our designers can provide you with our design Services.
  • Information you provide in response to a Modsy survey.
  • Records and copies of your correspondence with Modsy, including email address, if you contact us for customer support or other purposes.
  • Details of transactions you carry out through our Services.
  • Your style profile and design preferences.

Information We Collect Automatically

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and usage patterns, including:

  • Details of your visits to our Services, including the resources that you access and use on the Services.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See below for information on how you can opt out of behavioral tracking on our website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking. The information we collect automatically is statistical data. This data helps us to improve our Services and to deliver better and more personalized features to you, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Services according to your individual interests.
  • Speed up your searches.
  • Administer a contest, promotion, survey or other feature of our website.
  • Recognize you when you return to our Services.

The technologies we use for this automatic data collection may include cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services. Some content or applications, including advertisements, on the website are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about you when you use our Services. They may use this information to provide you with interest-based (behavioral) advertising and other targeted content. We do not control these third parties’ tracking technologies and how they may be used. For information about how you can opt out of receiving targeted advertising, see What Are Your Choices About How We Use And Share Your Information? below.

How Do We Use Your Information?

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Services and their contents to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide your information.
  • To provide you with notices about your Modsy account.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Services or any products or services we offer or provide through it.
  • For the purpose of aggregated statistical analysis of how you and others use our website and our Services.
  • For developing and marketing other services, provided no personal information is disclosed.
  • For the management of our relationships and the administration of our Services and business.
  • In any other way we may describe when you provide the information.
  • For any other legal purpose with your consent.

We may also use your personal information to contact you about our own and third parties’ goods and services that we believe may be of interest to you. If you do not want us to use your information in this way, please send us an email at privacy@modsy.com. For more information, see What Are Your Choices About How We Use And Share Your Information? below.

How Is Your Information Shared?

We may disclose and market aggregated information about users of our Services, and aggregated information collected via our Services, that does not relate to an identified or identifiable natural person, consumer or household without restriction, except if other prohibited by applicable law.

In addition, we may disclose personal information that we collect or you provide as described in this Privacy Policy:

  • To contractors, service providers, aggregators and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Modsy’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Modsy about our users is among the assets transferred.
  • To service providers or third parties that use information for internet-based advertising as described in the What Information Do We Collect? section above.
  • To fulfill the purpose for which you provide it.
  • If you set up a Modsy account, in accordance with our Terms of Service.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To professional advisors, such as lawyers, auditors and insurers, where necessary in the course of the professional services that they render to us.
  • To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Modsy, our clients or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

In some cases, we use third-party service providers as data processors to process personal information. Examples of processing include sending email, analyzing data, and providing user services. Personal information is collected and/or shared to the extent necessary to enable such processing. These data processors may also include other service providers that facilitate processing of information to enable the Services to function.

Personal information that you provide to us, and information about your order, may be combined with other personal information (such as demographic information and past purchase history) available from our records and other sources. This information may be used to make our future marketing efforts more efficient. This information may also be shared with third parties or service providers that assist us with our marketing efforts and with other marketers whose products or services we feel may be of interest to you.

Other than as described above, we will never provide your personal information to anyone for any purpose under any circumstances.

What Are Your Choices About How We Use And Share Your Information?

We strive to provide you with choices regarding the information you provide to us. We have created mechanisms to give you the following controls over your information:

Browser Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Services may be inaccessible or not function properly.

Do Not Track Disclosure

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org.

Marketers and Promotional Offers

If you prefer that we do not share your name and address with other marketers, please email us at privacy@modsy.com.

If you do not wish to have your contact information or user content used by Modsy to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to privacy@modsy.com. If we have sent you a promotional email, the email will have an “unsubscribe” feature that will allow you to opt-out of receiving future email distributions.

Targeted Advertising

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

How Is Your Information Kept Secure?

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls and will be backed up on at least a weekly basis. Any payment transactions will be encrypted using SSL technology. The safety and security of your information also depends on you. We urge you to be careful about sharing your Modsy account information with anyone else or otherwise providing access by third parties to your Modsy account. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted via our Services. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Services.

Children Under The Age Of 16

Our Services are not intended for children under 16 years of age. No one under age 16 may provide any personal information via our website or register for or use our Services. We do not knowingly collect personal information from children under 16. If you are under 16, do not access, use or register for the Services, or provide any information about yourself to us. If you believe we might have any information from or about a child under 16, please contact us at privacy@modsy.com.

California Residents — CCPA Notice And Other California Privacy Rights

This section applies only to California residents. It describes how we collect, use and share personal information of California residents when we act as a “business” as defined under the California Consumer Privacy Act of 2018 (“CCPA”), as well as California residents’ rights with respect to their personal information. Any terms defined in the CCPA have the same meaning when used in this notice.

Personal Information We Collect

The chart below describes the personal information we collect by reference to the categories specified in the CCPA (some of which is collected specifically from Modsy employees, applicants, and contractors). This section also describes our practices during the 12 months preceding the effective date of this Privacy Policy. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below. Each category is used for the business and/or commercial purposes described in the How Do We Use Your Information? section above and disclosed to the categories of third parties described in the How Is Your Information Shared? section above.

Category of Personal InformationExamplesCollected in the Past 12 Months
IdentifiersReal name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.Y
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))Name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, or health insurance information. Some personal information included in this category may overlap with other categories.Y
Protected classification characteristics under California or federal lawAge (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).Y
Commercial informationRecords of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.Y
Biometric informationGenetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.N
Internet or other electronic network activityBrowsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.Y
Geolocation dataPhysical location or movements.Y
Sensory dataAudio, electronic, visual, thermal, olfactory, or similar information.Y
Professional or employment-related informationCurrent or past job history or performance evaluations.Y
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.N
Inferences drawn from other personal informationProfile reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.Y

How We Obtain Personal Information from the Categories Listed Above

  • Directly from consumers or their agents.
  • Indirectly from consumers or their agents.
  • Directly and indirectly from activity on www.modsy.com and via your use of the Services.
  • From screening providers such as providers of background check, credit check, or other screening services.
  • From data providers, such as information services and data licensors that provide demographic and other information.
  • Via public sources, such as social media platforms.

Disclosures of Personal Information for a Business Purpose

In the preceding 12 months, Modsy has disclosed the following categories of personal information for a business purpose:

  • Identifiers
  • Commercial information
  • Internet or other electronic network activity
  • Sensory data

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers
  • Data aggregators

No Sale of Personal Information

Based on our understanding of the term “sell” under the CCPA, Modsy does not “sell” your personal information and has not sold it to third parties for a business or commercial purpose in the 12 months preceding the effective date of this Privacy Policy. However, like many companies online, we utilize services provided by third parties and/or service providers that help deliver interest-based advertising to you as described in the section above entitled What Information Do We Collect?

Your California Rights

Right to Access Specific Information/Data Portability.You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information Modsy has collected about you.
  • The categories of sources from which the personal information is collected.
  • The business or commercial purpose for collecting your personal information.
  • The categories of third parties with whom we have shared your personal information.
  • The specific pieces of personal information we have collected about you.

Right to Deletion of Information.You have the right to request that we, and our service providers, delete the personal information we have collected from you. However, exceptions to this right to deletion include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

  • Complete your transaction.
  • Provide you a good or service.
  • Perform a contract with you.
  • Detect or resolve security or functionality-related issues.
  • Safeguard the right to free speech.
  • Comply with the law or a legal obligation.
  • Conduct research in the public interest.
  • Carry out any actions for internal purposes that you might reasonably expect.
  • Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

Right to Non-Discrimination. You have the right not to be discriminated against for exercising any of your CCPA rights. Unless permitted by law, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your California Access, Data Portability, and Privacy Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. Only you, or a person registered with the California Secretary of State authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or the authority to make the request and confirm that the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

Response Timing and Format

We aim to respond to a consumer request for access, portability, or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that a request is manifestly unfounded or excessive we may either:

  • Charge a reasonable fee reflecting administrative costs involved; or
  • Refuse to respond to the request and notify you of the reason.

Other California Privacy Rights

California Civil Code sections 1798.83-1798.84 permits users of Modsy’s Services that are California residents to request a notice containing certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. To make such a request, please send an email to privacy@modsy.com or write us at: Pencil and Pixel, Inc., 340 Brannan St #500, San Francisco, CA 94107

What If There Are Changes To Our Privacy Policy?

We post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat your personal information, we will notify you by email to the email address specified in your account, if you have one. The date the Privacy Policy was last updated is identified at the top of this page. You are responsible for ensuring we have an up-to-date, active and deliverable email address for you and for periodically visiting our Services and this Privacy Policy to check for any changes. You can also learn of changes to this Privacy Policy by logging into your account. You are bound by any changes to the Privacy Policy when you access or use our Services after such changes have been first posted.

What If You Have Questions Or Comments?

To ask questions or comment about this Privacy Policy and our privacy practices, you may contact us at privacy@modsy.com or by mail at Pencil and Pixel, Inc., 340 Brannan St #500, San Francisco, CA 94107