Last Updated: 17.11.25

Privacy Policy

How we collect, use, and protect your data

INTRODUCTION

Modge Inc., a Delaware corporation ("Modge", "Company", "we", "us", or "our"), respects your privacy and is committed to protecting personal data processed through our website and our software-as-a-service telemetric platform (together, the "Services").
This Privacy Policy ("Policy") explains what personal data we collect about users of our Services, how we use and share such data, how we protect it and what the rights and choices available to you.
When Modge is a Data Controller: For personal data we collect directly from visitors to our website, individuals who request demos, sign up for communications, or create administrative accounts, Modge acts as an independent "Data Controller" (or equivalent term under applicable privacy laws). In these cases, we determine how and why your personal data is processed.
When Modge is a Data Processor: For personal data that we process on behalf of our enterprise customers (our "Customers") through the Platform—including data collected from employees whose activity is monitored via our agent software—your organization (the Customer) is the "Data Controller" and Modge acts as a "Data Processor" (or equivalent term). In these cases, your organization determines how and why your personal data is processed, and we process it according to their instructions and our agreement with them.
This Policy forms an integral part of our Terms of Service (the "Terms"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to comply with this Policy. If you do not agree to the terms and conditions set forth herein, please do not use our Services.
"Personal Data" or "Personal Information" means any information that refers to, is related to, or is associated with an identified or identifiable individual, or as otherwise defined by applicable data protection laws.
Nothing in this Policy is intended to limit in any way your statutory rights, including your rights to a remedy or means of enforcement under applicable data protection laws.

SCOPE AND APPLICABILITY

This Privacy Policy applies to:
(a) Website Visitors: Individuals who visit our website, request product demos, sign up for newsletters, or submit inquiries.
(b) Administrative Users: Authorized representatives of our Customers who create and manage accounts on our Platform (e.g., HR managers, IT administrators).
(c) End Users (Employees): Individuals whose workplace activity is monitored through our Platform pursuant to their employer's use of our Services. For End Users, your employer (our Customer) is the Data Controller, and this Policy provides transparency about how Modge processes your data as a Processor on your employer's behalf.
Where Modge processes personal data as a Processor, our Customers are responsible for obtaining all necessary consents and authorizations from End Users, providing appropriate privacy notices to End Users, ensuring compliance with applicable data protection laws in their jurisdiction, responding to End User requests regarding their personal data (Modge will assist as required)

WHAT PERSONAL DATA WE COLLECT

The categories and types of Personal Data we collect depend on how you interact with us:
Category
What Data is Collected
Source of Data
Account and Registration Data
Full name, business email address, phone number, job title/role, company name, authentication credentials (username, password - stored encrypted), user preferences and account settings
Website visitors, Administrative Users (directly from individuals)
Inquiry and Communication Data
Content of demo requests, support tickets, feedback, correspondence, meeting notes and call recordings (with notice and consent)
Contract and Billing Data
Business contact details, billing addresses, payment information (processed by third-party providers; no full credit card details stored)
Technical and Usage Data
IP address, browser type and version, operating system, device information (type, identifiers), pages visited, features used, clickstream data, timestamps, referring pages, session duration, cookies and similar tracking technologies
Automatically collected from Website visitors, Administrative Users
System and Device Information
Operating system, processor type, hardware specifications, IP address, device identifiers, computer name
End Users (collected via Platform agent software, as configured by Customer)
User Activity Data
Productivity and Performance Metrics
Focus time, task-switching patterns, application usage patterns, workflow analysis, performance scores, productivity indicators (generated by analytics)
Communication Logs
Metadata about communications within monitored applications (where applicable and configured by Customer)
User Identification Data
Employee name, employee ID, email address, department, role, reporting structure (as provided/configured by Customer)
End Users (provided by Customer)
Important Notes:
The specific data collected depends on the Customer's configuration and settings, and is also limited to work devices and work-related activity during business hours (as configured by the Customer).
We do not intentionally collect sensitive personal data such as racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic data, biometric data, health data, or data concerning sexual orientation. Please note that some sensitive personal information (such as medical data, financial data, or authentication credentials for personal accounts) may be inadvertently captured in screenshots; we implement measures to minimize such collections where technically feasible.
We also do not intentionally collect content of personal communications unrelated to work activities.

PURPOSES OF PROCESSING AND LEGAL BASES

We process personal data for:
Billing and account administration for customers (where applicable).
Sending service announcements, updates, and administrative communications, and with your consent, sending marketing communications (newsletters, product updates, promotional offers).
Improving and developing our Services, conducting analytics, and understanding usage patterns.
Ensuring security of our Services, preventing fraud, and detecting unauthorized access.
Establishing, exercising, or defending legal claims, and complying with legal obligations, including enforcing our Terms of Service and protecting our legal rights and interests.
We also process Personal Data in pseudonymized or aggregated form, where possible, for training and improving our algorithms and analytics models, developing new features and functionalities, conducting research and development and for creating anonymized or aggregated insights and benchmarks.
We may, in the future, sell, license, or otherwise commercialize aggregated, anonymized, or de-identified statistical insights derived from the data we process (e.g., industry benchmarks, productivity trends, workflow patterns). Such data will not identify you individually and will be processed in compliance with applicable data protection laws. If we decide to engage in such activities, we will ensure data is truly anonymized or de-identified according to applicable legal standards, obtain any required consents from Customers and/or End Users and update this Policy and provide appropriate notice.

HOW WE SHARE YOUR PERSONAL DATA

We share Personal Data with the following categories of recipients, as necessary to provide, maintain, and improve the Services:
Service providers/sub-processors: we may disclose your Personal Data to service providers and subcontractors who assist us in the operation of our Services, such as hosting, infrastructure, authentication, security, monitoring, analytics, support ticketing, content and email delivery. We require all such service providers to maintain the confidentiality, security, and integrity of personal information they access or process on our behalf.
Affiliates and group companies: we may share Personal Data with our business partners, affiliates and subsidiaries that support the provision, improvement, or support of the Services, subject to this Privacy Policy and applicable data protection agreements.
Your organization: When acting as a Processor, we share End User data with the Customer organization (your employer) that deployed the Platform and authorized users within the Customer organization (e.g., managers, HR personnel, IT administrators) as configured by the Customer.
Professional advisors: from time to time, we may disclose your information to our lawyers, auditors, and insurers under duties of confidentiality, for compliance and risk management.
Corporate transactions: we may disclose your personal data in connection with a proposed or actual corporate merger, acquisition, consolidation, sale of assets, bankruptcy, insolvency or other corporate changes.
Legal and regulatory disclosures: we may disclose your personal data to legal, governmental, or judicial authorities, as instructed or required by those authorities or applicable laws, or to other parties in relation to legal process, such as in response to a subpoena. We may also disclose such personal data if we believe disclosure is necessary to prevent physical, financial, or other harm, injury, or loss.
Law Enforcement: we may disclose your personal data to law enforcement agencies where we believe it is necessary to prevent or investigate illegal activity.
Other Disclosures with your Consent: we may disclose your personal data with your consent to other unaffiliated third parties who are not described elsewhere in this Privacy Policy.
Aggregated and de-identified information: we may share aggregated, anonymized, or de-identified information that does not reasonably identify you with third parties for research, analytics, or improving the Services.
Modge does not sell personal data. Disclosures are limited to the purposes identified above and governed by appropriate safeguards, including the DPA where Modge is a Data Processor.

INTERNATIONAL TRANSFERS

Modge is headquartered in the United States. The Personal Data we collect may be stored and processed in the United States or any other country where Modge, its affiliates, or its service providers maintain facilities.
If you are located in the EEA, UK, or Switzerland, we implement appropriate safeguards for international transfers, including transfer to country that provides an adequate level of data protection (by European Commission adequacy decision) or use the European Commission's Standard Contractual Clauses (or UK equivalents) with recipients in countries that do not have an adequacy determination
We conduct transfer impact assessments where required and implement supplementary measures (such as encryption and access controls) to ensure that Personal Data transferred internationally receives a level of protection essentially equivalent to that guaranteed within the EEA.
By using our Services, you acknowledge and consent to the transfer of your Personal Data as described in this Policy.

DATA SECURITY

We implement industry-standard technical and organizational measures designed to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, including network and application security controls, access controls, encryption in transit (and at rest where applicable), security logging/monitoring, vulnerability management, and personnel training.
While we strive to protect your Personal Data, no security program is impenetrable, and no method of transmission or storage is 100% secure. We cannot guarantee absolute security. You also play a role by keeping your login credentials confidential, using strong passwords, logging out after each session, and promptly reporting any suspected security incidents

DATA RETENTION

We retain Personal Data for as long as necessary to fulfill the purposes described in this Policy, unless a longer retention period is required or permitted by law, including to meet legal, regulatory, tax, accounting, or reporting obligations, to enforce agreements, and to resolve disputes. Where feasible, we minimize, de-identify, or aggregate data and apply retention schedules consistent with the nature and sensitivity of the data, risk, and legal requirements.

YOUR RIGHTS AND CHOICES

Subject to applicable law, you may have the following rights regarding your Personal Data. The specific rights available to you depend on your location and the applicable legal framework.
Right to Access: You have the right to request confirmation as to whether we process your Personal Data and, if so, to obtain access to that data and information about how it is processed.
Right to Correction: You have the right to request that we correct inaccurate, incomplete, or outdated Personal Data about you.
Right to Deletion: In certain circumstances, you have the right to request deletion of your Personal Data (also known as the "right to be forgotten").
Right to Withdraw Consent: Where processing is based on consent, you have the right to withdraw that consent at any time. Withdrawal does not affect the lawfulness of processing before withdrawal.
Right to Opt-Out of Marketing: You have the right to opt out of receiving marketing communications from us at any time.
Right to Restriction of Processing: You may request that we restrict processing of your Personal Data in certain circumstances (e.g., while we verify the accuracy of disputed data).
Right to Data Portability: You have the right to receive your Personal Data in a structured, commonly used, machine-readable format and to transmit it to another controller.
Right to Object: You have the right to object to processing your Personal Data under certain conditions, and we can be required to no longer process your personal data. If you have a right to object and you exercise this right, your personal data will no longer be processed by us for such purposes. Such a right to object may not exist if the processing of your personal data is necessary to take steps prior to entering a contract or to fulfil a contract already concluded.
Right Not to Be Subject to Automated Decision-Making: You have the right not to be subject to decisions based solely on automated processing (including profiling) that produce legal effects or similarly significantly affect you, unless such processing is necessary for a contract, authorized by law, or based on your explicit consent.
Right to Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority, particularly in the EU member state of your habitual residence, place of work, or place of alleged infringement. A list of EU supervisory authorities is available at: https://edpb.europa.eu/about-edpb/board/members_en
If we process your personal data on behalf of your organization (as Data Processor), please direct your request to your employer (our Customer), as they are the Data Controller. We will assist your employer in responding to your request as required by our agreement with them. In other cases, to exercise these rights, please contact us at privacy@modge.com. We will respond to your request in accordance with applicable data protection laws.
To protect your privacy and security, we will verify your identity before processing your request. We may ask you to provide information that matches records we have on file, or respond from the email address associated with your account.
You may designate an authorized agent to make a request on your behalf. We will require verification that the agent is authorized to act on your behalf (e.g., a power of attorney or signed permission).
For California residents: If you are a California resident, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), provides you with additional rights regarding your Personal Information.
Right to Opt-Out of Sale/Sharing: You have the right to opt out of the "sale" of your Personal Information or "sharing" of your Personal Information for cross-context behavioral advertising.
Right to Limit Use of Sensitive Personal Information: You have the right to limit our use of Sensitive Personal Information to only purposes necessary to provide the Services. However, we do not use Sensitive Personal Information for purposes beyond those permitted without the ability to limit such use.
Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA/CPRA rights.
We will not discriminate against you for exercising your privacy rights, including by denying goods or services, charging different prices or rates or providing a different level or quality of goods or services. However, we may offer financial incentives or different prices/services if reasonably related to the value of your data and permitted by law.

CHILDREN'S PRIVACY

Our Services are intended for use in business and enterprise contexts and are not directed to individuals under the age of 18. We do not knowingly collect Personal Data from children under 18 without appropriate consent from a parent or legal guardian. If you believe that a child under 18 has provided us with Personal Data without parental consent, please contact us immediately, and we will take steps to delete such information.

COOKIES AND SIMILAR TECHNOLOGIES

What Are Cookies? Cookies are small text files placed on your device when you visit a website. They help websites recognize your device and remember information about your visit. We also may use similar technologies such as web beacons (pixels), local storage in your browser or software code embedded in applications
Why We Use Cookies? We use cookies and similar technologies to:
  • Enable proper operation of the Services
  • Remember your preferences and settings
  • Authenticate your identity and maintain your session
  • Analyze usage and improve performance
  • Provide personalized content and features
  • Deliver targeted advertising (with your consent where required)
  • Prevent fraud and enhance security
We may use third-party services that may place cookies on your device, including Google Analytics, to analyze website traffic and usage. These third parties have their own privacy policies. We encourage you to review them.
You can control cookies via your browser settings; note that disabling certain cookies may impact core functionality.

USE OF AI

We may use artificial intelligence (AI) technologies as part of our Services. The use of AI may involve the processing of Personal Data, and we are committed to ensuring that such processing is carried out in accordance with applicable laws.
We take appropriate measures to protect your privacy, including transparency regarding the use of AI, implementing suitable technical and organizational safeguards, and ensuring that any processing of Personal Data by AI is lawful, fair, and limited to what is necessary for the purposes described in this Privacy Policy.
We do not use AI for automated decision-making that may directly impact fundamental rights of individuals, without human intervention, and unless such processing is permitted by applicable laws and appropriate safeguards are in place. If you have any questions about our use of AI, you are welcome to contact us by email provided below.

CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. When we make changes, we will post the revised Policy on our website and provide notice of material changes through the Services, by email, or by other reasonable means. If we make material changes that significantly affect your rights or how we process your Personal Data, we will provide prominent notice and, here required by law, obtain your renewed consent.
Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Policy. If you do not agree with the changes, you should stop using the Services and, where applicable, request deletion of your Personal Data.
We encourage you to review this Policy periodically to stay informed about how we protect your privacy.

CONTACT US

If you have questions, comments, concerns, or requests regarding this Privacy Policy or our data practices, please contact us be email: privacy@modge.com