Privacy Policy

This Privacy Policy applies to our interactions with you across various platforms, including the below (collectively the “Services”):

• Websites and Mobile Applications: This includes any interaction you have with our websites and any associated mobile applications.
• Social Media: We collect likes, comments, and direct messages through interactions on our social media pages and other third-party social media sites such as Facebook, YouTube, LinkedIn, Instagram, and X.
• Email Communications: When you receive marketing or transactional emails from us, we may collect information about your interaction with these communications, such as opens and click-through rates, to improve our communications and understand engagement.
• Authorized Service Providers: We may also collect information through third-party service providers who are authorized to act on our behalf, including marketing firms and payment processors.

As further described below, we collect personal information directly from you, automatically through your use of the Services, and from other, third-party sources. To the extent permitted by applicable law, we may combine the information we collect from publicly available or third-party sources.

Personal information We Collect Directly From You. While the personal information we collect varies depending upon your use of the Services and our interactions with you, in general, we may collect the following personal information directly from you:

• Contact Information. When you contact us, we collect your name and email address.
• Purchases and Payments. You may be required to provide financial and bank information prior to purchasing the services. Please note, we do not store financial and bank information. Such information is securely processed and stored by our Payment Providers (currently Stripe). For more information regarding the payment processor’s privacy practices, please review the policies provided by such provider.
• Account Information. When you register for an account with us, we collect your name, email address, password, and any other information used in connection with accessing your account.
• Communications and Interactions. When you send email, text message, call, or otherwise communicate with us and with members of our team, we collect and maintain a record of your contact details, communications, and our responses.
• Responses and Feedback. If you participate in our surveys or questionnaires, we collect your responses and feedback, such as user satisfaction or other information related to your use of the Services, and any other information you so choose to provide.
• Marketing and Promotions. We collect your email, name, and preferences. If you participate in promotions we offer, we collect your name and other information related to the activities available through the Services.
• Inferences. We may generate inferences about you based on other personal information we collect such as your preferences, behaviors, contact information, and demographics information.
• Preferences. We also may collect information about your preferences, including communications preferences.

Personal information We Collect Automatically. We and our third-party providers automatically collect personal information related to your use of the Services, including using cookies and other similar technologies. The personal information we may automatically collect includes the below categories of information (collectively, “Usage Data”):

• Device and Browsing Information. When you visit the Website, we may collect IP address, browser type, domain names, access times, date/time stamps, operating system, language, device type, unique ID, Internet service provider, referring and exiting URLs, clickstream data, and similar device and browsing information.
• Activities and Usage. We also collect activity information related to your use of the Website, such as information about the links clicked, searches, features used, items viewed, time spent within the Website, your interactions with us within the Website, and other activity and usage information.
• Mobile Device Information. When you use our mobile applications, we collect device model, operating system version, mobile network information (such as carrier, where available), language and region settings, push notification tokens (if you enable push notifications), and crash and diagnostic data. We use a non-advertising device identifier (such as Apple’s Identifier for Vendor or an Android app-set ID) to recognize your device across sessions for analytics and service operation. With your permission where required, we also collect advertising identifiers — Apple’s Identifier for Advertisers (IDFA) and Google’s Advertising ID — together with an app-specific install identifier generated by our measurement provider. We and our measurement partners use these identifiers to attribute app installs and subscriptions to our advertising campaigns and to measure their performance. On iOS, we collect the IDFA only if you grant permission through Apple’s App Tracking Transparency prompt; if you decline, we do not collect the IDFA and measurement relies on Apple’s privacy-preserving SKAdNetwork. You can change these choices at any time through your device settings, as described in the “YOUR ADVERTISING AND TRACKING CHOICES” section below.
• In-App Activity. We collect data about your interactions within the mobile application, including features used, picks viewed, models followed, and saved bets. We use a third-party analytics service (PostHog) to process this information on our behalf for product improvement and service operation. We also share a limited set of app-activity events — such as account registration, trial start, paywall views, and subscription purchases (including the purchase amount and currency) — with our advertising and measurement partners to attribute and measure the performance of our advertising campaigns, as described in the “SHARING OF PERSONAL INFORMATION” section below. We do not share your email address, name, or phone number with these advertising partners.
• Location Information. We may collect or derive approximate location information about you from your IP address. We do not collect precise device location, and our mobile applications do not request location permissions. We may share this approximate, IP-derived location with our advertising and measurement partners for attribution as described in the “SHARING OF PERSONAL INFORMATION” section below.
• Video viewing data. We may collect internet protocol (IP) address and your activity and history regarding your interactions with videos contained on the Website.

For more information about our use of cookies and other similar technologies, please see the “USE OF COOKIES AND OTHER TECHNOLOGIES” section below.

We use your personal information for various purposes, including:

• Providing Information, Products, or Services. To fulfill your requests for information, products, or services, such as processing orders and providing customer support.
• Transaction Management. To manage transactions, such as tracking and processing payments.
• Services and Support. To allow you to maintain your account with us, provide and operate the Services, communicate with you about your use of the Services, respond to your inquiries, and to otherwise run our day-to-day operations.
• Analytics and Improvement. To better understand how users access and use the Services, and for other research and analytical purposes, to develop the Services and its features, and for internal quality control and training purposes.
• Communicate With You. To respond to your inquiries, send you requested materials and newsletters, as well as information and materials regarding the Services and offerings. We also use this information to send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
• Marketing and Promotions. For marketing and promotional purposes. For example, to send you information about the Services, such as newsletters and other marketing content that you sign up to receive. If you do not wish to receive promotional e-mails from us, you may opt out at any time by following the unsubscribe directions in the email or contacting us. If you opt out of a promotional e-mail, we may still send you transactional and administrative emails about this privacy notice or about the products or services you have purchased.
• Advertising and Measurement. To promote Moddy through advertising on third-party platforms (such as X and Reddit) and to measure and attribute the performance of those campaigns in our mobile applications — for example, to understand which campaigns led to app installs and subscriptions and to calculate return on our advertising spend. We do not display third-party advertising within our apps or on our website.
• Research, Development, and Surveys. To administer surveys and questionnaires, such as for market research or user satisfaction purposes and to develop new products and services, including market analysis and product testing.
• User-Generated Content. To enable you to post and share content, such as reviews, comments, forum posts, and other submissions, and to publish this content within the Moddy community.
• Security and Protection of Rights. To protect the Services and our business operations, and to protect our rights or those of our stakeholders; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or act regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms and Conditions.
• Compliance and Legal Process. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
• Auditing, Reporting, and Other Internal Operations. To conduct financial, tax, and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions, and to maintain appropriate business records and enforce company policies and procedures.
• General Business and Operational Support. To assess and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions such as financings, and to administer our business, accounting, auditing, compliance, recordkeeping, and legal functions.

We may share your personal information for the purposes described above and as follows:

• Affiliates and Subsidiaries. We may disclose the personal information we collect to our corporate affiliates and subsidiaries. We may also partner with other businesses to offer our products, and we may disclose personal information to those business partners as necessary to facilitate your orders or requests.
• Vendors and Service Providers. We may disclose the personal information we collect to service providers who perform functions on our behalf, including Stripe (payment processing), PostHog Cloud (product analytics), Google (Google Analytics, website analytics), AppsFlyer (mobile measurement and attribution), Mailchimp (email communications), Slack (support request routing and internal team notifications), Firebase Authentication (account sign-in services), and ipapi.co (IP-based geolocation for age and eligibility screening), as well as providers of IT and website hosting, customer support, data storage, auditors, consultants, and legal counsel.
• Payment Providers: We may provide paid products and/or services within the Services. When we do, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their own privacy notice.
• Advertising and Measurement Partners. We advertise Moddy on third-party platforms such as X and Reddit to reach potential users. When we run these campaigns, we share — through our mobile applications — device and advertising identifiers, a pseudonymous account identifier, approximate location derived from your IP address, app-activity events, and subscription purchase events (including the amount and currency) with our mobile-measurement provider (AppsFlyer) and the advertising platforms on which we advertise. We use this information solely to attribute installs and subscriptions to the campaigns that drove them, to measure advertising performance, and to detect fraud. We do not display third-party advertising within our apps, we do not use advertising or cross-site tracking technologies on our website, and we do not share your email address, name, or phone number with these advertising partners. Under certain state privacy laws this activity may be considered “sharing” for cross-context behavioral advertising — see the “STATE-SPECIFIC PRIVACY RIGHTS” and “YOUR ADVERTISING AND TRACKING CHOICES” sections below for your choices.
• In Support of Business Transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may disclose or transfer the personal information we have collected from you with or to the other company. We may also disclose certain personal information as necessary prior to the completion of such a transaction or other corporate transactions such as a financing or restructuring, to lenders, auditors, and third-party advisors, including attorneys and consultants.
• Compliance and Legal Obligations. To comply with our legal and compliance obligations and to respond to the legal process. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.
• Security and Protection of Rights. Where we believe doing so is necessary to protect us, our rights and property, or the rights, property, and safety of others. We may also disclose personal information related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, recordkeeping, and legal functions.
• Aggregate and Deidentified Information. Notwithstanding anything else in this Privacy Policy, we may use, disclose, and otherwise process aggregate and deidentified information related to our business and the Services with third parties for quality control, analytics, research, development, and other purposes.
• Other Disclosures. We may disclose personal information in other ways not described above, but will notify you and, if necessary, obtain your consent.

We do not sell your personal information for monetary consideration. We do share certain identifiers and app-activity with advertising and measurement partners for the purpose of measuring and attributing our advertising, which may be considered “sharing” for cross-context behavioral advertising under certain state privacy laws. You can opt out of this sharing as described in the “STATE-SPECIFIC PRIVACY RIGHTS” and “YOUR ADVERTISING AND TRACKING CHOICES” sections below. We do not share your name, email address, or phone number with advertising networks.

• App Tracking Transparency (iOS). When you first use the app, iOS asks whether to allow tracking. You can change your choice at any time in Settings → Privacy & Security → Tracking. If you do not allow tracking, we do not collect your IDFA and rely on Apple’s privacy-preserving measurement instead.
• Advertising ID (Android). You can reset or delete your Advertising ID, or opt out of ad personalization, in your device settings (Settings → Privacy → Ads).
• Do Not Sell or Share My Personal Information. You may opt out of our sharing of personal information for cross-context behavioral advertising by using the App Tracking Transparency and Advertising ID controls above, or by contacting us at legal@moddy.ai.
• Account Deletion. You may delete your account and associated data as described in the “ACCOUNT DELETION” section below.
• Under-age users. Where a user does not meet our 21+ age requirement, we disable advertising measurement and tracking for that user.

UNITED STATES PRIVACY LAWS

This section describes state specific consumer rights afforded to residents of those states who have enacted comprehensive privacy laws (“State Privacy Laws”). Not all of the State Privacy Laws are effective as of the date of this Privacy Policy, and several do not apply to Moddy; however, even where we are not subject to a particular State Privacy Law, we will endeavor to honor applicable privacy rights requests to the extent we are able under the circumstances, but this is a courtesy only and does not otherwise subject us to or make us liable under these laws, to the extent permitted. Any terms defined in the applicable State Privacy Laws that we use here have the same meaning as the applicable State Privacy Law.

Information We Collect

As more fully described above, we collect (and have collected within the last twelve (12) months) the following categories of personal information:

• Identifiers
• Commercial information
• Internet or other electronic network activity
• Geolocation data
• Inferences

Disclosure of personal information to Third Parties and Other Recipients 

We disclose the following categories of personal information to our service providers (such as PostHog and Google Analytics for analytics, Stripe for payment processing, AppsFlyer for mobile measurement, and Mailchimp for email communications) for the business purposes described in this Privacy Policy:

• Identifiers (such as name, email address, and account information)
• Commercial information (such as transaction history)
• Internet or other electronic network activity (Usage Data)
• Geolocation data (such as IP-based location)
• Inferences derived from the above

Disclosures to our service providers are made under contractual restrictions limiting them to using the information solely to perform services on our behalf; under applicable state privacy laws, these service-provider disclosures are not “sales” or “sharing” of personal information. Separately, as described below, we share certain identifiers, app-activity, geolocation, and commercial information — through our mobile applications — with advertising and measurement partners (such as X and Reddit, through our measurement provider AppsFlyer) for advertising measurement, which may constitute “sharing” for cross-context behavioral advertising under those laws.

Sales and Sharing of personal information

‍Use for Targeted Advertising Certain state laws, including the California Consumer Privacy Act, define “sale” as disclosing or making available personal information to a third-party in exchange for monetary or other valuable consideration, and “sharing” or “targeted advertising” as disclosing or making available personal information to a third-party for purposes of cross-contextual behavioral advertising.

We do not sell your personal information for monetary consideration. Within our mobile applications, we share certain personal information — device and advertising identifiers, a pseudonymous account identifier, approximate (IP-based) location, app-activity, and subscription purchase events — with advertising and measurement partners (such as X and Reddit, through our measurement provider AppsFlyer) for the purpose of measuring and attributing our advertising. Under some state laws this is considered “sharing” for cross-context behavioral advertising (and may be considered a “sale”). You have the right to opt out. Because this sharing occurs only through our mobile applications, you can opt out using the App Tracking Transparency (iOS) and Advertising ID (Android) controls described in the “YOUR ADVERTISING AND TRACKING CHOICES” section above, or by contacting us at legal@moddy.ai. We do not use advertising or cross-site tracking technologies on our website. We do not share your name, email address, or phone number with advertising networks, and we do not knowingly share the personal information of anyone under 16.

Your Privacy Rights and Choices

Residents of states with generally applicable privacy laws may have the following rights regarding their personal information, subject to certain exceptions and qualifications under their respective state laws.

• Access and Data Portability. You have the right to request details about the personal information we have collected about you, such as whether we have collected personal information about you, the categories of sources, the purposes for which we have collected the personal information, the categories of recipients, and the specific pieces of personal information we have collected. You may also have the right to receive a copy of your personal information in a readily usable format.
• Correction. You may have the right to request we correct incorrect or inaccurate personal information, subject to restrictions regarding the determination of accuracy of the existing personal information.
• Deletion. You may have the right to request deletion of your data unless an exception applies.
• Opt-Out of Sale, Sharing, or Targeted Advertising. You have the right to opt out of our sharing of personal information for cross-context behavioral advertising. Because this sharing occurs only through our mobile applications, you can exercise this right using the App Tracking Transparency (iOS) and Advertising ID (Android) controls described in the “YOUR ADVERTISING AND TRACKING CHOICES” section, or by contacting us at legal@moddy.ai.
• Limit Use and Disclosure. We do not collect nor engage in uses of sensitive personal information that would trigger a right to limit use and disclosure of sensitive personal information under applicable state privacy law.
• Opt-Out of Profiling with Legal or Significant Effects. You may have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. However, we do not engage in such activities as described under applicable state privacy law, so there is no need to exercise this right.

Right to Non-Discrimination

We may not discriminate against you because you exercise any of your privacy rights contained in this Privacy Policy including, but not limited to:

• Denying goods or services to you;
• Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• Providing a different level or quality of goods or services to you; or
• Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Verifying Requests

You may request to exercise your rights of access, deletion, or correction by contacting us as described in the Data Requests section below. To help protect your privacy and maintain security, we will take steps to verify your identity before processing your request. If you request access to or deletion of your personal information, we may require you to provide any of the following information: name, email address, and account information. When you make such a request, you can expect the following:

• As required under applicable law, we will verify your identity. You will need to provide us with your email address and full name. We may ask for additional information if needed.
• We will confirm that you want your information accessed, corrected, and/or deleted.
• We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at legal@moddy.ai.
• We will respond to your request within 45 days upon receipt of your request. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
• In certain cases, a request for access, correction, or deletion may be denied. For example, if we cannot verify your identity, the law requires that we maintain the information, or if we need the information for internal purposes such as providing services or completing an order. If we deny your request, we will explain why we denied it and delete any other information that is not protected and subject to denial.

Authorized Agents

You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us as described in the Data Request section below to make a request on your behalf. Even if you choose to use an agent, we may, as permitted by law, require:

• The authorized agent to provide proof that you provided signed permission to the authorized agent to submit the request;
• You to verify your identity directly with us; or
• You to directly confirm with us that you provided the authorized agent permission to submit the request

Appeal Process

If you have made a request to access, correct, or delete your personal information under a state privacy law with an appeal right, and we have declined to take action, you may appeal our decision within 45 days of the denial. When you make such an appeal, you can expect the following:

• We will verify your identity. You will need to provide us with your email address and full name. We may ask for additional information if needed.
• We will review your appeal and respond in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decision, within 45 days upon receipt of your appeal. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
• In certain cases, an appeal may be denied. For example, if we cannot verify your identity, the law requires that we maintain the information, or if we need the information for internal purposes such as providing Services or completing an order. If we deny your appeal, we will explain why we denied it and provide you with a method to contact your state’s Attorney General to submit a complaint.

Data Requests

To exercise your data rights described above, you can contact us via: legal@moddy.ai