Last updated: 2/16/2022, 4:01:00 PM
MODA XYZ Limited is the controller and is responsible for the handling of your Personal Data.
You have the right to make a complaint about the way we process your Personal Data to a supervisory authority. You may contact your local data protection regulatory authority. We would, however, appreciate the chance to deal with your concerns before you approach a data protection regulatory authority, so please feel free to contact us in the first instance.
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data, including aggregated and de-identified data, that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.
We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:
Please note that we do not collect any special categories of Personal Data about you (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). Nor do we collect any information about criminal convictions and offences.
Where we need to collect Personal Data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the Service). In this case, we may have to cancel the provision of the Service to you or you may not be able to access the Service and we will notify you if this is the case at the time through a pop-up notification when you attempt to use the Service.
We use different methods to collect Personal Data and Anonymous Data from and about you, as described below.
As you navigate through and interact with our Site and/or Service, we may use automatic data collection technologies to collect certain Technical Data about your equipment, browsing actions and patterns, including:
We may receive Personal and/or Anonymous Data about you from companies that we partner with to provide our Service by way of a co-branded or private-labeled website or companies that offer their products and/or services on our Site. In particular, MetaMask and other cryptocurrency wallets provide us with your cryptocurrency address and certain other information you choose to share with them. These third party companies may supply us with your Personal Data such as Identity, Financial, Transaction and Profile Data. We may add this to the information we have already collected from you via our Site and/or Service in order to improve it.
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
We may also use your Personal Data to contact you about our own and third parties’ goods and services that may be of interest to you.
Here below we set out a description of all the ways we plan to use your Personal Data matched against the legal bases that we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Please note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your Personal Data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register an account for you as a new user when you connect your wallet to our Service||Financial||Performance of a contract with you|
|To process and deliver our Service to you including:|
|To administer and protect our business and this Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)|
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||Necessary for our legitimate interests (to study how users use our Service, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our Site, Service, marketing, customer relationships and experiences||Necessary for our legitimate interests (to define types of users for our Service, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||Necessary for our legitimate interests (to develop our Service and grow our business)|
|Relevant for individuals seeking employment at MODA|
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising. We may use your Identity, Contact, Technical, Transaction, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us.
Change of Purpose
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us through the contact details indicated in section 1.3.
If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
For the purpose of this section:
“Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
“Performance of Contract” means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
“Comply with a legal obligation” means processing your Personal Data where it is necessary for compliance with a legal obligation that we are subject to.
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Service and improve Service navigation. We reserve the right to use Anonymous Data for any purpose and to disclose Anonymous Data to third parties without restriction.
We may share your Personal Data with third party service providers who we work with to provide you with the Service, as well as to conduct quality assurance testing, to facilitate the creation of accounts and/or to provide technical support.
We may also disclose your Personal Data to fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide it, or with your consent. We do not sell your Personal Data.
For conducting cryptocurrency transactions we use third-party electronic wallet extensions such as (but not limited to) MetaMask. Your interactions with MetaMask and/or any third-party electronic wallet extensions are governed by the applicable privacy policies.
As a user of our Site and Service, you have several choices regarding our use and the disclosure of your personal information:
Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we collect about you:
If you wish to exercise any of the rights set out above, you may contact MODA as described in section 1.3 above. We take each request seriously, and will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data.
Please note that the Service employs smart contracts that collect information that is then stored on a blockchain that we do not control. If you use the Service, you are consenting to allow your information to be cryptographically transmitted and stored on that blockchain, and any deletion or modification of that information (to the extent possible on a blockchain) is governed by the terms of the relevant smart contract.No Fee Usually Required
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.What We May Need from You
For your protection, we may need to verify your identity before responding to your request to ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. This may include verifying that the e-mail address from which you sent the request matches your e-mail address that we have on file. We may also contact you to ask you for further information in relation to your request to speed up our response.Time Limit to Respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
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 unauthorised 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, regulatory, tax, accounting or other requirements.
In some circumstances we will anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
We care about the security of your information and use physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through our Site.
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with any applicable laws and regulations.
In addition, we also limit access to your Personal Data to those employees and third party partners who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
The Service we provide is intended for those aged 18 years or older. We do not intentionally gather Personal Data from visitors under the age of 18. If a person under 18 submits Personal Data to MODA and we learn that the Personal Data is the information of a child under 18, we will attempt to delete the information as soon as possible. If you believe that a person under 18 may be using our Service, or we might have any Personal Data from a person under 18, please contact us at our contact details indicated in section 1.3.
Hong Kong, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in Hong Kong, it may be accessed by government authorities in accordance with Hong Kong law.
To the extent that MODA is deemed to transfer personal information outside of the EEA, we rely on the following legal basis to transfer your information:
Necessary for the Performance of the Contract between MODA and its Users
MODA provides a voluntary service; you can choose whether or not to use our Service. As we operate in countries worldwide and use first and third party technical infrastructure in countries and regions including but not limited to Hong Kong and the European Union to deliver our Service to you, we need to transfer your personal information to Hong Kong and to other jurisdictions as necessary to provide our Service to you. Simply put, we cannot provide you with our Service and perform our contract with you without moving your personal information around the world. For further information regarding the jurisdictions in which our first and third party technical infrastructure are located, please contact us through our contact details indicated in section 1.3.