As used herein, “Digital Asset”, also called “convertible virtual currency,” “cryptocurrency,” or “digital goods”, such as bitcoin or ether, which is based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value.
As used herein, “Personal Data” means any information relating to an identified or identifiable natural person, such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, economic, cultural or social identity of you as a natural person.
3. WHAT PERSONAL DATA WE COLLECT
MODEN collects, processes, and stores Personal Data collected from you via your use of the Service or where you have given your consent. This Personal Data may include contact details, copies of identification documentation provided by you or derived from publicly accessible databases, your government identification number as well as information relating to your device or internet service (such as an IP address and a MAC number).
We collect information you provide during the MODEN onboarding process, which may be a completed, incomplete, or abandoned process. Offering services to residents in the European Economic Area (“EEA”), we collect, store, and process your personal information in accordance with the provisions of the General Data Protection Regulation (GDPR) and Data Protection Act. To understand more about how we protect the data collected from individuals and entities located within the EEA, please see the details below.
-Mobile phone number
-Full legal name (including former name, and names in local language)
-Passport number, or any government issued ID number
-Date of birth (“DOB”)
-Proof of identity (e.g. passport, driver’s license, or government-issued ID)
-Proof of residency
-Additional Personal Data or documentation at the discretion of our Compliance Team
4. COLLECTION AND TRANSFER OF DATA OUTSIDE OF THE EEA
As outlined above, we may collect Personal Data from customers located in the EEA. To facilitate the services we provide to customers located in the EEA, we request explicit consent for the transfer of Personal Data from the EEA to outside of the area. If you are an individual located in the EEA and you decline to consent to such transfer, you will no longer be able to use MODEN and our services. You will have the ability to withdraw your digital assets; however, all other functionalities will be disabled.
5. HOW WE USE YOUR PERSONAL DATA
MODEN uses Personal Data to communicate with you and to administer, deliver, improve, and personalize the Service. MODEN might also generate generic data out of any Personal Data we collect and use it for our own purposes. We may also use such data to communicate with you in relation to other products or services offered by MODEN and/or its partners. We do not share your Personal Data with third parties (other than partners in connection with their services to MODEN) except where you have given your consent and further detailed below.
We may share your Personal Data with third parties:
(a) If we think that sharing it is necessary to enforce the Terms of Service;
(b) To comply with requests from government agencies around the world, including regulators, law enforcement and/or justice departments;
(c) When MODEN is compelled to do so by a subpoena, court order, or similar legal procedure in any applicable jurisdiction(s);
(d) To comply with any relevant laws and regulations in any applicable jurisdiction(s);
(e) To third parties who provide services to MODEN (such as administration or technical services);
(f) In connection with the sale or transfer of our business or any part thereof.
Additionally, we have implemented international standards to prevent money laundering, terrorist financing and circumventing trade and economic sanctions and will implement applicable Digital Asset laws and regulations in any applicable jurisdiction(s) when effective, which may require us to undertake due diligence on our customers. This may include the use of third-party data and service providers which we may cross-reference with your personal information.
6. HOW WE STORE YOUR PERSONAL DATA
The Personal Data that we collect from you may be transferred to, and stored at, a destination outside of your state, province, country or other governmental jurisdiction. By submitting your personal data, you agree to this transfer, storing or processing. All information you provide to us is stored on our and/or third-party cloud servers.
7. ACCESS, CORRECTION, AND DELETION OF YOUR PERSONAL DATA
You have the right to obtain a copy of your Personal Data upon request and ascertain whether the information we hold about you is accurate and up-to-date. If any of your Personal Data is inaccurate, you may request to update your information. You may also request to delete your Personal Data, with exception that we may refuse your deletion request in certain circumstances, such as compliance with law or legal purposes. For data access, correction, or deletion requests, please contact email@example.com with the subject “DATA INQUIRY”.
In response to data access, correction, or deletion request, we will verify the requesting party’s identity to ensure that he or she is legally entitled to make such request. While we aim to respond to these requests free of charge, we reserve the right to charge you a reasonable fee should your request be repetitive or onerous.
8. COOKIE USAGE
While you access MODEN, we may use the industry practice of placing a small amount of data that will be saved by your browser (Cookies). This information can be placed on your computer or other devices used to visit MODEN. This information help us recognize you as a customer, collect information about your use of MODEN to better customize our services and better your experience. We may also use the information collected to ensure compliance with our compliance program, and to ensure your account security has not been compromised by detecting irregular or suspicious account activities.
Most browsers are setup to accept cookies automatically. Some Cookies expire when you finalize the session and other Cookies remain on your computer or other devices until deleted or expired. You have the option to decline the use of our Cookies, but this may affect the functionality of MODEN services or your user experience.
9. INFORMATION SECURITY
We endeavor to protect MODEN and you from unauthorized access, alteration, disclosure, or destruction of Personal Data we collect and store. We take various measures to ensure information security, including encryption of the MODEN communications with SSL; required two-factor authentication for all sessions; periodic review of our Personal Data collection, storage, and processing practices; and restricted access to your Personal Data on a need-to-know bases for our employees and vendors who are subject to strict contractual confidentiality obligations.
10. CONTACTING MODEN ABOUT PRIVACY QUESTIONS OR CONCERNS