Welcome to the web site (the "Site") of Modalyst, Inc. ("Modalyst", "we", "us" and/or "our"). This Site is operated by Modalyst and has been created to offer a number of web-based services to businesses in their capacity as either boutique buyers ("Buyers") or fashion designers / brands ("Designers") looking to discover each other and transact collectively, online.
Primarily, Modalyst is a platform to connect Buyers with Designers to discover each other and enter into collective wholesale purchase agreements on our platform.
Buyers have the ability to create "retailer profiles," which includes information on the areas they specialize in, the merchandise they carry, and imagery of their physical store. Buyers can also add other Buyers to their "buying circle," as long as the decision is mutual. Buyers in the same "buying circle" can share their discoveries and enter a collective wholesale purchase together to easily meet minimums or receive bulk order discounts.
Designers have the ability to create "designer profiles," which includes a portrait or video of the designer, a link to their press and line sheets, and a gallery of their fashion accessories offered for sale. Designers can only interact with Buyers whom have initiated contact with them. Designers can also reject a collective wholesale order at their discretion. As a condition to accessing the Site or any services made available through the Site, including selling or buying across our platform, you must accept our Terms of Service located at www.modalyst.co/terms.
When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:
Non-Identifiable Data: When you interact with Modalyst through the Site, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Modalyst may store such information itself or such information may be included in databases owned and maintained by Modalyst affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.
In addition, this Site enables the use of the Adobe Flash Player. Adobe's Flash Player is used by the vast majority of websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates "flash cookies" (also known as "persistent identification elements" or "local shared objects"). The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above. You can disable, delete and control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located here. If you do not allow flash cookies to take any disc space on your computer, you may not be able to take advantage of or participate in certain features on this Site.
Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Modalyst Services, Modalyst often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Modalyst may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Modalyst may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Modalyst is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Related Third Parties: Modalyst, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another Modalyst to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Other Users of the Site: When you seek to market or sell items via the Site, you are consenting to information relating to such items, as well as your identity and contact information, to be shares publicly with other users of the Site. When you seek to contact others about items they wish to sell, you are consenting to that information about you, your interests, preferences, identify and contact information to be shared with those you are seeking to contact. When you seek to transact with others, your communication will be shared with those you wish to transact with.
Legal Requirements: Modalyst may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Modalyst, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
You can use the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Modalyst Services.
Modalyst takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to Modalyst via the Internet.
Your access to and use of this Site is subject to Terms of Service at www.modalyst.co/terms/.
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this Site.
You may contact us as follows: firstname.lastname@example.org