Privacy Policy

This Privacy Policy was last updated on February 28, 2013.

Our Policy:

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.

This Privacy Policy sets forth Modalyst's policy with respect to information including personally identifiable data, such as your name, address, email address, phone number and credit card information (collectively, "Personal Data") and other information that is collected from Site visitors.

Information We Collect:

When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Site: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Modalyst Services or use certain Modalyst Services. Wherever Modalyst collects Personal Data we make an effort to provide a link to this Privacy Policy.

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 to this Site, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Modalyst and the authorized third parties referred to herein located in the United States.

Other Information:

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 operating this Site, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site's features.

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.

Our Use of Your Personal Data and Other Information:

Modalyst uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Modalyst Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Modalyst and its subsidiaries and affiliates (the "Modalyst Related Companies") may also use your Personal Data and other personally non-identifiable information collected through the Site to help us improve the content and functionality of the Site, to better understand our users and to improve the Modalyst Services. Modalyst and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

If Modalyst intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Information:

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.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

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.

Your Choices:

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.

Exclusions:

This Privacy Policy does not apply to any Personal Data collected by Modalyst other than Personal Data collected through the Site. This Privacy Policy shall not apply to any unsolicited information you provide to Modalyst through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards (collectively, "Public Areas"), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and Modalyst shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Children:

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

Links to Other Web Sites:

This Privacy Policy applies only to the Site. This Site may contain links to other web sites not operated or controlled by Modalyst (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that Modalyst endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Security:

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.

Other Terms and Conditions:

Your access to and use of this Site is subject to Terms of Service at www.modalyst.co/terms/.

Changes to Modalyst's Privacy Policy:

The Site and our business may change from time to time. As a result, at times it may be necessary for Modalyst to make changes to this Privacy Policy. Modalyst reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information; Contacting Modalyst:

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.

Please also feel free to contact us if you have any questions about Modalyst's Privacy Policy or the information practices of this Site.

You may contact us as follows: team@modalyst.co