Last updated: 06/08/2020

 

Modjoul Inc. is a data innovation company whose primary purpose is to keep employees safe and employers informed of risk in their operations. At Modjoul, we combine wearable technology with AI and software in order to understand ergonomic and safety risks along with employee wellness.  We are committed to being transparent about our data processing activities and to protecting all personal data (“information” or “data”) that is entrusted to us those who use our Services (“you”).

This Global Privacy Policy describes our practices for collecting, retaining, using, disclosing, modifying, protecting, and transferring such information, both offline and online.

We are always looking for new and innovative ways to help improve the safety, productivity and effectiveness of our products, so this Global Privacy Policy may change in the future. Any such changes will not affect the data collected under the previous version of this Global Privacy Policy. If we make any material changes to this Global Privacy Policy, we will notify you by email or provide notice on the Site.

 

1. WHEN THIS GLOBAL PRIVACY POLICY APPLIES

This Global Privacy Policy applies to our electronic monitoring products (“Modjoul Device”, “Devices”, “Device”), our website located at www.modjoul.com, dashboard.modjoul.com, and store.modjoul.com (individually a “Site” and collectively “Sites”), and our mobile application, such as Modjoul Mobile and the Modjoul Health App (“App”). The Devices, Sites, and Apps are collectively referred to in this Policy as the “Services” (“Services”, “us”, “we”).

This Global Privacy Policy governs information collected by us for our own purposes in our role as a “Data Controller.” In this case, we are determining the means and purposes for which your information is collected and how it is used, such as for marketing our services to you or providing you with customer support for using our services. 

This Global Privacy Policy also sets out general information about how we may use your information in our role as a “Processor” where we are processing your information on behalf of our corporate or organizational customers (“Organization”) who are using our Services to collect your information due to your relationship with them as an employee, customer, contractor, patient or invitee. In this case, we will collect and process your information only as instructed or permitted by your Organization and applicable law.  For the avoidance of doubt, where there is a difference between this Privacy Policy and our respective agreements between us and your Organization, the respective agreement with your Organization will apply. If you need more information or if you would like to exercise any of your data subject rights in connection with our use of your information on behalf of your Organization, please contact your Organization directly.

The Services may include links or references to websites, services or materials that are not controlled by us. This Global Privacy Policy does not apply to such third-party sites, which are subject to their own privacy notices.  

 

2. WHAT DATA WE COLLECT

We may collect your information both online (for example, through your use of our websites and products) and offline (for example at events or over the phone) and we may combine, and make inferences about you, based on information collected from disparate sources. Most of the information we collect or maintain about you is provided directly by you to us. Such information typically includes personal identifiers, commercial information, protected classification information, professional or educational information and any other information you choose to directly provide to us.

If you do not want to provide us with your information you may decide at any time not to visit our Sites, install our Apps, or provide information to us directly. However, if you choose not to provide us with certain information, we may not be able to provide certain Services to you.

 

a. Data we collect when you express interest in or start our Services

When you express an interest in obtaining additional information about the Services we provide or by registering to use our Services, we collect personal identifiers about you such as your name, company name, designation, address, phone number, and email address.

When purchasing the Services, we may require you to provide us with additional personal identifiers and commercial information such as: financial qualifications, billing information such as billing name and address, credit card number, bank account, shipping address and any other information reasonably necessary to process your request.

When you purchase our Services, we do not view or store your bank account or credit card information. This is handled by our third-party payment processor. We store your shipping address so we can process your order through our fulfillment partner. 

 

b. Data we collect when you create a Modjoul account

To create your personalized reports, we may ask you to provide us with personal identifiers and, as applicable, protected classification information and biometric information. For example, you will be asked to provide  your name, gender, age, height, weight, nature of duties performed and your Employee ID. This information will be associated with data generated by the Devices.

 

c. Data we collect via the Modjoul Devices

The Modjoul Devices collect a variety of metrics about you, which may include assorted personal identifiers, biometric and geolocation data. The exact data that is collected is dependent upon the Device in question and the specific Device metrics that your Organization has decided to collect. For example, the sensors in Modjoul SmartBelt may collect information such as location, motion, speed, altitude, ambient temperature-pressure, humidity and other environmental variables. For more information about the exact data that your Device collects, please log on to your Modjoul dashboard or the Modjoul App or contact your Organization.

The Device may also transmit device usage data including, but not limited to, frequency, duration and time when the device is worn, removed, or charged.

 

d. Data we collect when you sync your mobile device with the App

When your Device connects or syncs with our Apps or software, data recorded on your Device is transferred from your Device to our servers. When you sync or connect your mobile device using our App with our Devices, we collect sensor data and electronic network activity information including information necessary to associate your account to the Device ID of the Modjoul Device and connect the Device to the internet.

 

e. Data we collect when you visit our Sites

We collect personal identifiers and electronic network activity information from you when you visit the Sites. Such information may include your contact details, log data about your visit, such as your browser type, operating system, the URL of the page that led you to our Sites, and the different actions you performed on our Sites. We use this information to provide you with an experience that is relevant to your location, to prevent Site misuse, to understand our marketing opportunities and to ensure that the Site is working properly. We also collect your information from cookies. For more information about how we use cookies and other automated technologies, please read our Cookie Policy below.

 

f. Data we collect when you contact us

Whenever you contact us for assistance, we collect your personal identifiers (primarily your names and email address) along with additional information you provide in your request so that we can provide you with assistance and improve our Services. In certain geographical locations, to the extent permitted by applicable laws, we may monitor or record your telephone conversations with us for quality control purposes, for purposes of training our employees, and for our protection. If you contact us through our Sites or Apps when you are already logged in to your account, the web form may automatically pre-fill your information. You can also contact us on Public forums such as LinkedIn, Twitter, or Facebook; however, we may not be able to maintain the privacy of your communication to us if you contact us through these channels. Such communications are governed by the privacy policy of the particular public forum.

 

g. Data we collect from third-party sources

We may also collect your personal identifiers, professional or employment-related information and internet or other electronic network activity information from third-party sources in connection with conferences, professional databases, meetings, and seminars, chat rooms, blog posts, newsgroups, or social networking sites. The information we access from social networking sites will be limited by the privacy settings you establish at such sites. We may also collect information about you from your friends or associates who tell us you may be interested in our Services.

 

h. Data we collect in connection with our promotional and marketing efforts

Where permitted by applicable law, and with your prior consent where required by applicable law, we may collect your personal identifiers, professional or employment-related information and internet or other electronic network activity information in connection with our marketing efforts. In certain cases, we may also receive this information from third-party marketing service providers. We may also collect or receive such information in connection with contests, giveaways, or promotions, or we may ask you to provide such information when you participate in surveys . All the information collected in connection with these activities will be treated in accordance with this Global Privacy Policy.

 

3. HOW WE USE DATA

a. To provide and maintain our Services:

In most cases, we will only use your information in order to provide you with, and maintain, our Services, including:

  • To deliver the Services to you, or your Organization, as further detailed in our Terms of Service or the applicable agreement with you, or your Organization;
  • To communicate with you or your Organization regarding the Service;
  • To respond to your questions or requests, or those of your Organization, regarding the Service; and
  • To ensure the safety and security of our Services.

 

b. Marketing Purposes:

Where permitted by applicable law, and with your prior consent where required by applicable law, we may use your information for marketing purposes and to provide you with promotional communications about our products and services. Your contact information is used to send you these notifications about new features or products we think you would be interested in.  

You can always unsubscribe from further marketing at any time either by selecting the "unsubscribe" link at the end of the marketing and promotional update communications to you, or by submitting your request to info@modjoul.com. Please keep in mind that if you unsubscribe from our marketing communications, we may still contact you for other legitimate reasons (e.g. in relation to an order you placed, an inquiry you made, an event for which you registered, a legally required notice, etc.).

 

c. Other Business Purposes:

We may also use the information we collect to improve and protect our Services. In particular, data and logs are used in research to understand and improve our services, to troubleshoot our services, to detect and protect against error, fraud or other criminal activity, and to enforce our Terms of Service. In some cases, aggregated and anonymized data that does not identify you may be used to inform health, insurance, and risk management communities about trends, for marketing and promotional purposes, and for sale to interested audiences.

We may also use aggregated and anonymized versions of your information for our internal analytical purposes, including, for example, benchmarking system performance, preparing statics and/or developing system metrics or for commercial purposes such as informing health, insurance, and risk management communities about industry trends or for marketing and promotional purposes. Please note that the references to “information” in this privacy policy do not include data that has been aggregated and anonymized.

 

d. European Privacy Notifications:

Where we are acting as a data controller under the General Data Protection Regulation (“GDPR”), we process your information only (i) where the processing is in our legitimate interests (which are not overridden by your data protection interests or fundamental rights and freedoms); (ii) where we need the information to perform a contract with you; or (iii) where we have collected your consent to do so. For the sake of clarity, where we are using your information based on the legal basis of consent, we will seek consent from you independently of this Global Privacy Policy. You can withdraw such consent at any time by contacting us via: info@modjoul.com. 

 

4. WHAT KIND OF DATA WE SHARE

a. Data that you or your Organization directs us to share

In most instances, when we collect, host or otherwise use your information, we do so at the request of you or your Organization.  We will disclose your information to your Organization or to other entities as instructed by you or your Organization. Common instances of this type of sharing may include sharing your information with your Organization’s insurance providers, risk consultants or safety training partners. Once you or your Organization directs us to share your information to a third-party, that information is governed by the third party’s privacy policy or contract with your Organization, as applicable.  

Each Organization has its own unique practices regarding how your information is shared and your level of control over how your information may be shared. If you would like to learn more about how your data is shared, please contact your Organization’s human resources department.

b. Data we share in our course of business:

We may share your information in the furtherance of our business, including under the following circumstances:

  • With you, through our Sites and Apps.
  • With our affiliates and third-party processors as needed to provide the Services as your Organization has requested. An employee’s restrictions on access to this data within your organization will be at your Organization’s discretion. We will not be responsible for loss or misuse of this information within your organization.
  • With companies that are contractually engaged in providing us with services, such as web hosting, data storage and processing, order fulfillment, email management, customer support and credit card processing. These companies are obligated by contract to safeguard any information they receive from us.
  • If we believe that disclosure is reasonably necessary to comply with a law, regulation, valid legal process (e.g., subpoenas or warrants served on us), governmental or regulatory request, to enforce or apply Terms of Service or Terms of Sale, to protect the integrity or security of the Services, and/or to protect our own rights, property, or safety, or those of our employees, users, or others. If we are going to release your data, we will do our best to provide you with notice in advance by email, unless we are prohibited by law to do so.
  • We may also disclose or transfer your information in connection with the sale, merger, bankruptcy, sale of assets, or reorganization of our company. We will notify you if a different company will receive your information and the terms of this Global Privacy Policy will apply to your data as transferred to the new entity.
  • Where permitted by law, we may share aggregated, aggregated and anonymized data with partners and the public in a variety of ways, such as providing research or reports about workplace productivity, safety, and activity level. When we share this information, we take appropriate measures to ensure this data is aggregated and anonymized in accordance with applicable data privacy and security laws.
  • For the purposes of applicable laws such as the California Consumer Protection Act (CCPA) and Nevada law (S.B. 220), we do not sell your information. In the unlikely event that this business practice changes, we will always gain your explicit consent prior to such a sale, as well as present you with further information about how your information may be sold and your ability to opt-out of such sale at the time of collection.

 

5. HOW LONG WE SAVE YOUR DATA

It is up to your Organization to determine how long we retain your information that we collect on behalf of your Organization. As a general practice, we delete such information (including all biometric information, if applicable) from our systems within sixty (60) days from the initial collection of that information. We may retain your usage data and other analytics data collected from your use of the Modjoul App or Devices for a longer period, as requested by your Organization. Please note, however, that your Organization may choose to download and retain copies of your information on their own systems for a longer period of time.

Where we collect information about you on our own behalf (ie outside of our relationship with your Organization), we will only retain your information as long as reasonably required for the purposes for which your data was collected or provided by you, unless a longer retention period is required or permitted by law (for example, for regulatory purposes).

 

6. YOUR CONTROL OVER YOUR DATA

Depending on your location and home jurisdiction, you may have additional rights, including rights under the California Consumer Privacy Act of 2018 (“CCPA”) or the GDPR, regarding how we use and share your information. Such rights may include:

  • Opt-out (Right to Restrict Processing). You may have the right to opt-out of: (i) certain communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the European Economic Area (EEA) (if any). Please note that your use of some of our websites and products may be ineffective upon opt-out.
  • Access (Right to be informed, Right of Access). You may have the right to access the data we hold about you, request further details about how we collect, use, or disclose your information and to update or correct any inaccuracies in this data.
  • Move (Right to Data Portability). You may have the right to request that we provide you with your data in a portable format– i.e. you to have the flexibility to move your data to other service providers as you wish.
  • Erase and forget (Right to Erasure). In certain situations, for example when the data we hold about you is no longer relevant or is incorrect, you can request that we erase your data and request that parties to whom we disclosed your data to the same
  • Non-Discrimination. You may have the right not to receive discriminatory treatment from us based on your exercising of any other of your consumer rights under applicable laws.
  • Complaints. Additionally, you may have the right to file a complaint with your applicable supervisory authority.

To obtain more information about exercising your rights, including how to designate an authorized agent to make a data request for you, please send an email to info@modjoul.com.

Please be advised that upon the receipt of your request, we may ask you to provide additional information so that we can verify your identity and process your request. We may, in limited circumstances, refuse to comply with your request or charge you a reasonable fee if your requests are clearly unfounded or excessive. In all cases, we will notify you of any fee in advance. Finally, we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.  

 

7. HOW WE KEEP YOUR DATA SAFE

We have implemented reasonable measures to help protect your data against loss, misuse, and unauthorized access, disclosure, alteration, or destruction. All of our employees and contractors are required to follow these security procedures, both online and offline. Access to personal data is limited to those employees or contractors who have a need to access the information to perform tasks for us. We will only disclose data to those service providers, auditors, and/or advisors who are legally or contractually obligated to protect them or as required or permitted by law. Such measures may include physical access controls, encryption, internet firewalls, intrusion detection and network monitoring depending on the nature of the information and the scope of processing. 

Depending on your Organization, alternate or additional security measures may apply. If you have a security-related concern, please contact your immediate supervisor.

 

8. TRANSFER OF YOUR INFORMATION TO OTHER COUNTRIES

Where authorized by your Organization, we will transfer personal data pertaining to individuals located outside of the United States to our affiliates and suppliers in the United States and elsewhere in the world, pursuant to applicable data protection laws.

In accordance with applicable law, personal and other information covered by this Global Privacy Policy may be transferred to, and processed and stored in, the European Union, the United States, or any other country in which we or our affiliates, subsidiaries, service providers, business partners, or customers maintain facilities. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Global Privacy Policy, even when the information is processed in a country which permits a level of data privacy that is lower than that required by laws of United States. By submitting your personal information, you acknowledge that such information may be transferred to other countries.

 

9. COOKIE POLICY

Cookies are text files that are sent by servers to web browsers and stored on your computer. Cookies are not used to run programs or deliver viruses to your computer. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you submit a form on our Site, a cookie helps us to recall your specific information on subsequent visits. When you return to the same Site, the information you previously provided can be retrieved, so you can easily use the customized features.

We use cookies to analyze trends, administer the website, track user’s movements around the website, and to help personalize your online experience. We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer.

In addition to cookies, we may collect data from web beacons. Web beacons and pixel tags are images embedded in a Site or email for the purpose of measuring and analyzing usage and activity. We, or other third-party services acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality.

 

10. DEACTIVATING YOUR ACCOUNT

Please contact info@modjoul.com or (864) 722-9760 to start the process of deactivating your account.

 

11. CHILDREN’S ONLINE INFORMATION POLICY

We understand the importance of protecting children’s privacy, particularly with their online interactions. The Services are not intended for nor directed at persons under the age of 13. We do not knowingly collect any data from children under the age of 13. 

 

12. CONTACTING US

If you would like to opt-out of select communications from us or if you have any questions regarding this Global Privacy Policy or if you have any questions about our information practices, please contact us at or at Modjoul, Inc. 398 College Ave Clemson SC 29631.

 

If you have a question about how your information is collected or otherwise used on behalf of your Organization, please reach out to your Organization for more information.