Privacy Policy
1. Introduction
Welcome to ModernLoop, Inc.
ModernLoop, Inc. (“us”, “we”, or “our”) operates the website https://modernloop.io (hereinafter referred to as “Service”).
Our Privacy Policy covers:
· your visit to https://modernloop.io, and explains how we collect, safeguard, and disclose Personal Data that results from your use of our Service in our capacity as a data controller; and
· the processing of Personal Data for ModernLoop Service when we act on behalf of our customers (in this context, the relevant customer would be the controller).
Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
Our Terms and Conditions (“Terms”) govern all use of our Service.
2. Definitions
SITE means the https://modernloop.io website and associated webpages operated by ModernLoop, Inc.
SERVICE means the services we provide to our business customers to allow them schedule interviews, resolve interview meeting conflicts, send day-of reminders, and coordinate interviewers.
PERSONAL DATA means any information relating to a Data Subject.
USAGE DATA is data collected automatically either generated by browsing our Site (for example, the duration of a page visit), or the use of Service (e.g. logs).
COOKIES are small files stored on your device (computer or mobile device).
DATA SUBJECT is any living individual who is the subject of Personal Data.
THE USER is the individual visiting our Site and/or using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
3. Types Of Data Collected
Personal Data collected when using ModernLoop Service
While using our Service, we may ask you to provide us with certain Personal Data that can be used to contact or identify you and your candidates including, but is not limited to:
· Email address and password
· First name and last name
· Phone number
· Address, State, Province, ZIP/Postal code, City
· Employee’s Position
· Information we obtain from social media platforms when you visit or interact with our pages, such as LinkedIn and Twitter
· Personal Data we can see in your calendar when you grant us read and write access
· Personal Data relating to any purchases you make in respect of the Service and information you provide to the online payment service provider, such as Stripe(including your name, email address and payment status and details)
· Any other Personal Data that you choose to send to us, such as all data in candidate’s CV and cover letter and other Personal Data of candidates you have provided to us orally or in writing in the context of the application process.In principle, we do not process special categories of personal data (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) for providing you the Service, unless such data are voluntarily provided to you within the scope of your use of the Service. In such scenario, we would process such data on your behalf.
Personal Data collected when browsing our Site
While visiting our Site, you may provide us with certain Personal Data that can be used to contact or identify you.Personal Data that you provide may include, but is not limited to:
· Email address
· First name and last name
· Any other Personal Data that you choose to send to us, such as all data you send via message, chat, or e-mail. We do not process special categories of personal data(this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) and we encourage you not to share this type of data with us.
Usage Data
We and our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with our Service and our Site (“Usage Data”).
When you access our Site and/or Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Some of the automatic collection described above is facilitated by cookies and other technologies. For more information, see our Cookie Notice. We will also store a record of your preferences in respect of the use of these technologies in connection with the Site and/or Service.
4. Use of Data and Legal Bases for Processing Personal Data
We may use your Personal Data for the following purposes or as otherwise described at the time of collection. In respect of each of the purposes for which we use your Personal Data, European privacy laws require us to ensure that we have a “legal basis” for that use. If you are located in the European Economic Area (EEA) or the United Kingdom (UK)we have set out below the legal bases we rely on in respect of the relevant purposes for which we use your Personal Data.
Performance of a contract
We process your Personal Data as is necessary to provide the Service that you requested from us. For example:
· to provide and maintain our Service;
· to notify you about changes to our Service;
· to allow you to participate in interactive features of our Service when you choose to do so;
· to provide customer support;
· to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.
Your Consent
We process certain Personal Data basedon your consent, which, if you are located in the EEA or UK, you may revoke at any time. For example:
· to gather information so that we can improve our Site and/or Service;
· where required by law to rely only upon consent for marketing purposes, to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
Legitimate Interests
We may process your Personal Data where it is necessary for the purposes of our legitimate interests or our partners’ legitimate interests. In particular, we process your information in furtherance of the following legitimate interests:
· to keep the Site and/or Service safe and secure;
· to provide, improve and develop the Site and/or Service;
· to detect, prevent and address technical issues and fraudulent, harmful, unauthorized, unethical or illegal activity (including cyberattacks and identity theft);
· to create aggregated, de-identified and/or anonymized data;
· for research and development purposes;
· protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
· audit our internal processes for compliance with legal and contractual requirements or our internal policies.
Legal Obligation
We may process yourPersonal Data in order to comply with a legal obligation, a court order, or to exercise and defend legal claims. For example:
· to preserve and disclose your Personal Data if it is necessary to respond, based on applicable law, to a valid legal request (e.g. a subpoena, search warrant, court order, or other binding request from government or law enforcement);
· to retain and process your Personal Data where it is necessary for compliance with applicable laws;
· to enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
Use for new purposes
We may use your Personal Data for reasons not described in this Privacy Policy where permitted by law and thereason is compatible with the purpose for which we collected it. If we need to use your Personal Data for an unrelated purpose, we will notify you and explain the applicable legal basis.
5. Retention Of Data
We will retain your Personal Data only for as long as is necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for compliance and protection purposes.
To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
When we no longer require the Personal Data, we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible. If we anonymize your Personal Data (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.
6. Transfer Of Data
Your Personal Data may be transferred and stored outside your place of residence, that are subject to different standards of data protection. We will take steps to transfer Personal Data in accordance with applicable law.
You may contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of Europe. You may have the right to receive a copy of the appropriate safeguards under which your PersonalData is transferred by contacting us at support@modernloop.io.
7. Sharing Personal Data within ModernLoop, with our Service Providers, and other third parties
We share your Personal Data in the manner and for the purposes described in thisPrivacy Policy or as otherwise described at the time of collection:
(a) with our corporate parent, subsidiaries, and affiliates;
(b) with third parties who help manage our business and deliver services e.g., such as Stripe. These include sub-processors such as IT service providers who help manage our IT and back office systems;
(c) with regulators, law enforcement and private parties to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies. Where we receive requests for information from law enforcement or regulators, we will validate these requests before Personal Data is shared;
(d) we may share in aggregate, statistical form, non-personal information regarding the visitors to our website, traffic patterns, and website usage with our affiliates or advertisers;
(e) if, in the future, we sell or transfer some or all of our business or assets to a third party (including acorporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition), we may disclose Personal Data to a potential or actual third party purchaser (and other relevant participants in the business transaction or negotiation/diligence for such transaction) of our business or assets.
(f) we may share Personal Data processed as part of the Site and/or Service with the relevant customer on whose behalf we processed such Personal Data. We do not control how the relevant customer may process your Personal Data.
(g) we may share Personal Data with our professional advisors such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
8. Security Of Data
We employ technical, organizational and physical safeguards designed to protect the Personal Data we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your Personal Data.
9. Your Choices
Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account.
Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email.
Declining to provide information. We need to collect Personal Data to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.
Third-party platforms. If you choose a third-party platform, like Google, to login to your account, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.
10. Your Data Protection Rights if you are located in the EEA or UK
If you are located in the EEA or UK, you may have certain data protection rights covered by applicable data protection laws such as the GDPR.
If you wish to exercise any of your rights, please email us at support@modernloop.io. In certain circumstances, you have the following data protection rights:
(a) to request that we provide you with a copy of your Personal Data that we hold and you have the right to be informed of; (a) the source of your Personal Data; (b) the purposes, legal basis and methods of processing; (c) the controller’s identity; and (d) the entities or categories of entity to whom your Personal Data may be transferred;
(b) the right to access, update or to delete the information we have on you;
(c) the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
(d) the right to object. You have the right to object to our processing of your Personal Data where we are relying on Legitimate Interests (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedom –you also have the right to object where we are processing your Personal Data for direct marketing purposes;
(e) the right of restriction ofyour Personal Data where (a) the accuracy of the Personal Data is contested; (b) the processing is lawful but you object to the processing of the Personal Data; (c) we no longer require thePersonal Data for the purposes for which it was collected, but it is requiredfor the establishment, exercise or defence of a legal claim;
(f) the right to data portability.You have the right to be provided with a copy of your Personal Data in astructured, machine-readable and commonly used format;
(g) the right to withdraw consent.You also have the right to withdraw your consent at any time where we rely onyour consent to process your Personal Data;
Please note that we may ask you to verify your identity before responding to suchr equests. Please note, we may not able to provide the above service without some necessary data. We reserve the right to charge a fee where permitted bylaw, for instance if your request is manifestly unfounded or excessive.
If we receive a data request from any person whose data we are processing onbehalf of an enterprise customer, e.g., a request to delete or correct data, we will forward it to the respective enterprise customer and advise that person to contact relevant enterprise customer directly.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. However, we encourage you to first contact us.F or more information, please contact your local Data Protection Authority in the EEA or UK:
· For users in the European Economic Area – the contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en
· For users in the UK – the contact information for the UK data protection regulator is below:
The Information Commissioner’s Office
WaterLane, Wycliffe House
Wilmslow- Cheshire SK9 5AF
Tel. +44303 123 1113
Website: https://ico.org.uk/make-a-complaint/
11. For California Residents
Our Policy on “Do Not Track” Signals:
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
12. Links to other Sites
Our Site and/or Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
13. Children’s Privacy
Our Site and/or Service are not intended for use by children under the age of 16 (“Children”).
We do not knowingly collect Personal Data from Children under 16. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children, we take steps to remove that information from our servers.
14. Changes to this Privacy Policy
We may update our Privacy Policy from time to time at our discretion. We will notify you of any material changes by posting the updated Privacy Policy on the Site.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
15. Contact Us
If you have any questions about this Privacy Policy, please contact us:
· By email: legal@modernloop.io
· By visiting this page on our website: https://modernloop.io/contact
Our UK Representative:
Under Article 27 of the UK Data Privacy Act, we have appointed a UK Representative to act as our data protection agent. Our nominated UK Representative is: GDPR Local Ltd.
Adam Brogden contact@gdprlocal.com
Tel +44 1772 217800
1st Floor Front Suite
27-29 North Street, Brighton
England
BN1 1EB
Our EU Representative:
Under Article 27 of the GDPR, we have appointed an EU Representative to act as our data protection agent. Our nominated EU Representative is: Instant EU GDPR Representative Ltd.
Adam Brogden contact@gdprlocal.com
Tel +35315549700
INSTANT EU GDPR REPRESENTATIVE LTD
Office 2,
12A Lower Main Street, Lucan Co. Dublin
K78 X5P8
Ireland