Privacy policy
Last Updated: September 1, 2021
Your privacy is important to Mode.
This privacy statement applies to data collected through software and services provided by Mode Phone, LLC and its affiliated companies (collectively “Mode”) available for use on Mode products, including smartphone devices (collectively “Mode Products”). This privacy statement describes the information practices for Mode Products, including what types of information are collected, how Mode uses information and for what purposes; with whom information is shared; and how Mode protects information. It also describes your choices regarding use, access, correction and deletion of your personal information, among other topics.
Mode collects information about you and your Mode Product(s) and uses this information to keep your Mode Product(s) working their best and help you make the most of them. Please note that, in certain circumstances, if you do not provide us with personal information where needed, we may not be able to provide you with the Mode Products, experiences or functionalities that you have requested. The following describes how we collect, use and share information about you or your product in certain contexts.
Your User Profile
Your user profile may consist of information, including personal information, we may have gathered from you voluntarily while interacting with Mode and your Mode Product; your contact with our customer service representatives; Mode Product(s) registration information; and from certain Mode Products and services that you use. Your user profile allows Mode to:
- Give certain Mode Products and services the information they need to function;
- Troubleshoot problems you may have with a Mode Product, service or website;
- Suggest ways to make your Mode Products, services and our websites work better;
- Provide you with news, updates, and information about your Mode Products and services; and
- If you choose to receive marketing communications, provide you with information about additional Mode Products or services that you may be interested in.
Account Creation.
When you choose to create an account through the Mode website (modephone.com), we will collect information, including personal information, about you and your Mode Product(s). We use your registration and account information to identify you, including information from you such as your name, address, email address, language, region/country, product type/model, product serial number, and date of product registration. We will use this information in order to administer your account or profile; provide services that you have requested; and to provide you with communications, including marketing messages that you choose to receive from Mode. The information collected and retained by Mode for these purposes may be shared with our service providers so that they may provide data hosting, processing and marketing services to and on behalf of Mode.
Product Functionality and Usage
Certain Mode Products, software and services automatically collect and store necessary performance information in order to operate. This information includes product and device identifiers, technical data and other non-personal information. Some of this information may be transmitted to Mode’s servers. While you use your Mode Product(s), basic application installation information will also be collected automatically. This includes such things as whether an application is installed or enabled on your Mode Product.
You may also choose to provide us with additional information about your use of Mode software and applications. The information we may collect includes how often you use an application, which features you used within an application, and the application’s performance.
The usage information we collect for this purpose does not directly identify you or your Mode Product(s).
We use this software usage information to analyze the performance of Mode applications; to develop enhanced improvements for future versions; and to send you service and support-related (e.g., non-marketing) communications. This information may be shared with our service providers, such as data hosting, processing and software development partners who support Mode Products.
If you wish to deactivate this information collection, you may do so in the privacy settings within the specific product or application. For more information on how to deactivate the collection of certain software usage information, you can (i) open the Mode Product’s settings application and turn off usage statistics collection (or a similarly worded option/toggle), or (ii) uninstall a particular application in the device’s control panel or through the settings menu.
Keeping Your Software Up-to-Date
We automatically collect certain limited non-personally identifiable information about your Mode Product(s) to identify whether the software you are using is the most up to date version, to provide you with software updates (including security updates), to develop new products and software features, and to fix bugs so that your Mode Product(s) run smoother and more efficiently.
Customer Support
Certain Mode product support activities may also involve you contacting Mode, including by email. To provide you with the service or support that you have requested, such as requesting technical support or repair under a warranty for your Mode Product, Mode customer service personnel may also collect and access personal information about you, such as your user profile, account information, contact information, Mode product and service identifiers, and information about how you use your Mode product and service.
You may choose to provide us with additional information about how you use your Mode Product(s) and software to help improve Mode’s Products. This option is normally found at set-up or in settings in your Mode Product or application. The types of information we may collect for this purpose include your Mode Product’s serial number, ID or IMEI; product model/type; information about how you use your Mode Product and software; and the Mode Product’s performance.
We use this information to:
- Identify performance trends of Mode Products and software;
- Develop new product features for future models;
- Deliver an overall better user experience; and
- Send you non-marketing communications related to service and support for your Mode Product.
Mode uses data hosting and processing services providers to support Mode in these activities.
Marketing, Promotions, and Surveys
If you choose to receive marketing, advertising or promotional communications from Mode and/or its partners - such as via e-mail or in-product push notifications - or if you choose to participate in an event, contest or survey, we will collect personal and non-personal information about you to help us manage these campaigns and communications, or to facilitate your participation. In particular, we may collect your name, address, email address, phone number, age/date of birth, Mode product information, your user profile data and additional personal information you choose to provide. We may use this information to send to you product support notices; and, when allowed by applicable laws, invitations to complete customer satisfaction surveys.
Mode and selected service providers or partners – including marketing, advertising, surveys and events companies - may also use the information you provide to conduct promotional, customer satisfaction or product support activities on Mode’s behalf. Mode may also use data hosting and processing service providers to support these activities, as well as external tools to help us learn more about consumer trends, marketing email open/click rates, and so forth. In addition, we may acquire data from third party sources, such as consumer research firms, in order to supplement the information that we collect from you.
You will receive transactional communications from Mode such as order confirmations. You are not required to subscribe to receive Mode marketing communications to purchase a product from Mode. You may choose to unsubscribe by following the instructions included in those communications; by changing your preferences in your account settings; or you can contact us at privacy@modephone.com.
Loyalty Programs.
Mode may offer its customers the opportunity to participate in loyalty programs that offer discounts, coupons or other incentives. While these programs are entirely optional and participation is not a requirement for purchasing from Mode, they require the collection of certain personal information from you if you do choose to participate.
The information collected for purposes of enrolling and participating in a Mode loyalty program may include your name, address, email address, phone number, age/date of birth, Mode product information, your user profile data, and possibly additional personal information you choose to provide. This information may be shared with service providers or partners of Mode to manage loyalty programs on Mode’s behalf. Mode may also use third party data hosting and processing companies to support these activities. You may end your participation in a Mode loyalty program by following any steps set forth by the applicable loyalty program rules.
Legal Requirements and to Enforce Mode’s Rights
It is possible that personal information will be subject to judicial or other government subpoenas, warrants, orders, or criminal and anti-fraud investigations. Therefore, when we believe in good faith that the law requires it, we may disclose personal or other information to regulatory or government bodies, courts of law, tribunals, and law enforcement agencies. We may also need to disclose personal or other information to protect our rights, protect your safety or the safety of others, or to investigate theft or fraud. In addition to the above, there may be circumstances that require us to disclose your personal information to other parties, including, but not limited to, legal advisors or debt collection agencies.
Does Mode Sell My Personal Information?
No. Mode does not sell personal information. As described in the sections above, Mode may share personal information with third party service providers and partners so that they may support Mode Products, or to provide additional services to Mode and its customers and product users. In doing so, Mode takes appropriate steps to ensure that these service providers and partners are meeting Mode’s privacy standards If Mode decides to sell personal information at any point, we would provide appropriate prior notice and consent opportunities as required by applicable law.
How Long Will My Personal Information Be Retained?
Mode intends to retain information, including personal information, only as long as necessary for business or other compelling purposes; and to securely delete personal information when those purposes of use have been satisfied. We will retain your information, including personal information, for as long as any of the following circumstances apply:
- Your account or subscription is active
- To provide you with services or support that you may request
- To ensure required functionality and performance of Mode Products and websites, including responsibilities under our product warranties
- To comply with applicable laws, including for tax and audit purposes
- To enforce Mode’s rights, including litigation and debt collection
Children’s Privacy Rights.
Mode Products are intended for adults and children aged 16 and over, or equivalent minimum age in the relevant jurisdiction, who have permission from their parents or legal guardians to use them. Mode does not seek to collect personal information about children under the age of 16. Users under the age of 16 should provide no personal information to Mode.
If Mode learns a child under the age of 16, or equivalent minimum age in the relevant jurisdiction, has submitted personal information to Mode, we will take appropriate steps to delete the personal information as soon as possible and not use it for any purpose. Mode encourages parents to take an active role in their children’s use of Mode Products and to inform them of the potential dangers of providing personal information about themselves.
What Are My Data Protection Rights?
Applicable data protection laws may give you the right to control our use and processing of your personal information. These may include the right (i) to request access to and a copy of your personal information, (ii) to request rectification or erasure of your personal information; (iii) to object to processing of your personal information; (iv) to restrict processing or to opt-out of any sale of your personal information; and (v) to data portability. Where we are using your personal information with your consent, you also have the right to withdraw your consent at any time, though this will not affect our uses of your personal information prior to the withdrawal of your consent. In addition, you may have the ability to review, correct or delete certain personal information via your Mode account if you have one and/or via your Mode product or application settings.
To exercise your rights as described above, contact us at privacy@modephone.com. We will review, respond to, and act upon any such requests in accordance with applicable data protection laws.
Please note that we will take steps in accordance with applicable law and our privacy and security standards to verify your identity before granting you access to your personal information or otherwise complying with your request. If you have a Mode account, we may verify your identity by requiring you to sign in to your account. If you do not have a Mode account, or an email address on file with us, then we may request additional limited information from you in order to verify your identity. Please note that if you do not have an account with Mode, or an email address on file, or if we are unable to verify your identity in our records, we may deny your request.
You may also use an authorized agent to submit a request under this section on your behalf. If you choose to have an authorized agent submit such a request on your behalf, Mode will require: (i) You to provide the authorized agent written permission to do so; and (ii) your agent to verify their identity directly with Mode. Mode may deny a request from an agent that does not meet these requirements.
In addition, you have the right to raise questions or complaints with your applicable national data protection authority at any time.
