Privacy policy

Scope of the policy

MODUS X LLC (the "Company", "we", "us", or "our") is committed to protecting your privacy. On this page, you can find out what information we collect about you during your interaction with MODUS X LLC and how we process the personal data you provide.

This Policy is designed to help you find out:

• why we collect your personal data;

• how we collect, use and store your personal data;

• what rights you have in relation to your personal data;

• how you can exercise your rights related to your personal data;

• how we use cookies and other tracking technologies;

• how we share and disclose your personal data.

This Privacy Policy ("Policy") applies between you and MODUS X LLC. It describes how we process data that you provide to us through our website https://modusx.digital/ (the "Website"), including through contact forms, when you interact with us through our email address welcome@modusx.digital or through our social media platforms, including but not limited to LinkedIn, Facebook, Medium, Instagram and TikTok ("the Social Media Accounts"), during video calls or telephone calls, or otherwise provide us with information about yourself.

When processing your personal data, MODUS X LLC may perform various roles in accordance with the Law of Ukraine "On Personal Data Protection" and other applicable laws and regulations. Depending on the actual circumstances of the processing, we may act as a personal data owner or a personal data administrator in accordance with the Law of Ukraine "On Personal Data Protection".

You may be a Website Visitor, Client, Event Participant or Job Applicant:

• You are considered a Website Visitor when you only browse our Website and provide us with your information through cookies and other tracking technologies or contact us by email, phone or using the contact forms on our Website;

• You are considered a Client when you contact us by email, through contact forms on our Website or our social media accounts for assistance and/or to provide feedback, share personal data during video or phone calls, or otherwise provide us with personal data when using our services or when your feedback is published on the Website.

• You are considered an Event Attendee when you provide your personal information through the Website to register for a webinar or other offline, online or hybrid event;

• You are considered Job Applicant when you provide your personal data through the Website or job boards for the purpose of applying for a vacancy.

• You are considered a Third Party when we process your personal data as a personal data administrator on behalf of our Client.

Definition

In this Policy, we use definitions in accordance with the Law of Ukraine "On Personal Data Protection", in particular:

"Law" means the Law of Ukraine "On Personal Data Protection" No. 2297-VI dated June 1, 2010;

“personal data owner” – an individual or legal entity that determines the purpose of personal data processing, establishes the composition of this data and the procedures for its processing, unless otherwise provided by law;

"personal data administrator" means an individual or legal entity authorized by the personal data owner or by law to process this data on behalf of the owner;

"personal data subject" means an individual whose personal data is processed;

"personal data" means information or a set of information about an individual who is identified or can be specifically identified (e.g., name, e-mail, address, etc.);

"processing" means any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (distribution, sale, transfer), depersonalization, destruction of personal data, including with the use of information (automated) systems.

What personal data we collect

We collect and process information about you in accordance with this Policy. We may collect your personal data through the Website (including contact forms), email, social media accounts, as well as during video or phone calls or other means of communication.

We collect four main types of information about you in connection with our Website and services: Client and Website Visitor Data, Event Attendee Data, Job Applicants Data, and Third Party Data relating to Website Visitors, Clients, Event Attendees, Job Applicants, and Third Parties, respectively. In particular, we collect the following information:

Data of Clients and Website Visitors:

(a) Contact Information. When you submit your information by email or through the contact forms available on the Website, including when you subscribe to our newsletter, through our social media accounts, or share your personal information during video or phone calls, we may collect your personal information. This information may include your first name, last name, company name, phone number, email address, and any other information you provide to us.

(b) Communication Information. We may collect certain information when we communicate with you, such as the content of emails, messages, or video/phone conversations. This may include a brief summary of the conversation, key details related to our communication, or, with your consent, a recording of the conversation.

(c) Payment Information. We may collect financial data or banking information along with other information necessary for billing and accounting purposes, such as your full name, work email address, phone number, company name, job title, and other transactional data, to obtain an invoice or payment from your company.

(d) Commercial Information. We may collect personal data to facilitate the process of vetting counterparties and signing contracts, ensuring that contracts are properly executed. This information may include your full name, title, name of the employing company, a document authorizing you to represent the company, and other professional contact information you provide to us.

(e) Information about cookies. We may use cookies and other tracking technologies on our Website for its proper functioning, for analytics, marketing, remembering your preferences and other purposes. Such use may include the transfer of information from us to you and from you to a third-party website or to us. To learn more about our use of cookies, please read the "Use of Cookies" section of our Privacy Policy and our Cookie Policy.

(f) Automatically Collected Information. When you access the Website, we automatically collect certain information about your device. We may use this information for the technical administration of our Website, analytics, research and development, monitoring and improvement of our Website.

(g) Feedback. We may publish Client reviews with their opinions on the use of our services. Such reviews can contain the full name, position, company name, text of the review, or a video of the review.

Data of Event Attendees:

(h) Information about the participant of the event. When you register for a webinar or other offline, online or hybrid events through the Website, we may collect your personal data. This information may include your full name, email address, company name, job title, and any other information you provide to us.

Job Applicants Data:

(i) Information about the Job Applicant. When you apply for a job through the form available on the Website, we may collect your personal data. This data may include your first name, last name, desired position, phone number, email address, a link to your resume or LinkedIn profile, and other information you choose to provide to us. We may also receive your resume and other personal data if you submit it through the job boards we work with. Please read their documentation on personal data protection before providing any data.

Third Party Data:

(j) Customer Information. We may have access to data provided by our Client in order for us to provide services to our Client. In this case, the exact categories of personal data and the relevant legal grounds for their processing are determined by the Client.

We use the personal data we collect and process only for the purposes specified in this Policy. We may transfer personal data to third parties solely for the purposes specified in this Policy.

We do NOT sell your data.

We do NOT use automated decision-making that has legal implications for the data subject or similarly significantly affects the data subject.

We do NOT intentionally collect or process personal data of children and any sensitive personal data (racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, criminal convictions, as well as data related to health, sexual life, biometric or genetic data). Please refrain from providing sensitive personal data concerning you or third parties.

We process your personal data in accordance with the Law. The law provides an exhaustive list of legal grounds that allow us to process your personal data.

When processing personal data, we rely on only four of them, namely:

Article 11 (1.1): consent

We process the personal data you choose to provide to us with your consent. You can revoke your consent at any time.

You may revoke your consent by sending us an email to welcome@modusx.digital.

Article 11 (1.3): execution of a transaction

When you provide us with personal data through the available options on our Website, this may sometimes be considered as a request to enter into a transaction (contract) or to perform a transaction (contract) between you and us. However, in case of doubt, we may ask you to provide your explicit consent.

Article 11 (1.5): obligation under the law

We process your personal data to comply with our legal obligations, such as tax or regulatory compliance. If you want to exercise your rights under the Law, we may ask you to provide some personal data for verification purposes to identify you and fulfill the requirements of applicable law.

Article 11 (1.6): legitimate interest

We process your personal data to protect our legitimate interests, such as:

• fraud prevention;

• ensuring the security of our Website;

• providing you with a seamless user experience.

We collect and use only strictly necessary data to achieve these goals, provided that the needs to protect the fundamental rights and freedoms of the personal data subject do not outweigh such interests.

How we use your data

Acting as a personal data owner, we use your personal data for the purposes listed in the table below, where we also describe in detail the types of personal data processed, the legal basis on which we rely, the third parties with whom we may share your personal data and information about the source of this data:

We may also process personal data as a personal data administrator upon request and in accordance with instructions provided by our Client as the personal data owner or the relevant personal data owner if our Client acts as the personal data administrator. In the table below, we describe the situation when we act as a personal data administrator and process personal data on behalf of the Client:

Use of cookies

We may also process personal data as a personal data administrator upon request and in accordance with instructions provided by our Client as the personal data owner or the relevant personal data owner if our Client acts as the personal data administrator. In the table below, we describe the situation when we act as a personal data administrator and process personal data on behalf of the Client:

When you visit our Website, we automatically collect certain information through cookies. These cookies may, for example, help us understand your interaction with our Website, improve your browsing experience, improve our Website and services, and conduct marketing activities. To learn more about the types of cookies we use and how you can customize your cookie preferences, please see our detailed Cookie policy.

Data retention durations

We retain personal data for the time necessary to fulfill the purposes set out in this Policy.

We store Cookie Information for the period specified in our Cookie Policy.

As a personal data administrator, we process Client Information for the period specified by the Client in the instructions of the personal data owner.

We may not delete or anonymize your data if we are obliged to keep it in accordance with the Law and other applicable legal requirements.

Notwithstanding any of the above data retention periods, you may make a request to object to the processing of your personal data by writing to us at welcome@modusx.digital.

Data security and integrity

We have implemented appropriate organizational, technical, administrative and physical security measures designed to protect your personal data from unauthorized access, disclosure, use and modification. We regularly review our security procedures and policies to take into account relevant new technologies and techniques.

Transfer of data to third parties

We may transfer your personal data to other organizations in accordance with the provisions set forth below.

Transfer of data to other personal data owners

By cooperating with Meta Platforms Ireland Limited, including when using Meta Pixel, we are a party to their Controller Addendum. This agreement shall apply, in particular, to:

• marketing and statistical data collected by Meta and transmitted to us through Meta Pixel;

• customer email addresses that we provide to Meta to customize advertising of our services

Google LLC and we act as independent personal data owners when you use Google LLC's digital marketing services, such as Google Ads and Google Tag Manager. To learn more, please read the Google LLC Privacy Policy here.

Transfer of data to personal data administrators

There are many functions necessary to provide you with our services that we cannot perform ourselves, so we rely on third parties to help us. We may provide some service providers with access to your personal data, in whole or in part, to provide necessary services.

Thus, we may transfer and disclose your personal data to other personal data administrators, namely:

• Google Analytics (Google Ireland Limited, Ireland): (Google Ireland Limited, Ireland): For analyzing the Website. You can read their Privacy Policy here.

• Matomo (InnoCraft Ltd, New Zealand): or Website analytics. You can read their Privacy Policy here.

• Microsoft Dynamics 365 (Microsoft Corporation, USA): for managing and storing information related to potential and existing customers, as well as for sending newsletters. You can read their Privacy statement here.

• Microsoft Clarity (Microsoft Corporation, USA): to understand how users interact with the Website using session replays and heatmaps. You can read their Privacy statement here.

• Microsoft Azure (Microsoft Corporation, USA): or hosting the Website. You can read their Privacy statement here.

• Creatio (CREATIO EMEA LTD, Cyprus): or managing and storing information related to potential and existing clients, as well as for sending newsletters. You can read their Privacy Policy here.

• MaxMind (MaxMind, Inc., USA): to determine the geolocation of users. You can read their Privacy Policy here.

• Imperva (Imperva, Inc., USA): to ensure the security of the Website. You can read their Privacy statement here.

• reCaptcha (Google Ireland Limited, Ireland): to distinguish between bots and humans to protect the Website from fraudulent activities. You can read their Privacy Policy here.

• SAP (SAP SE, Germany): for invoicing, accounting and bookkeeping. You can read their Privacy statement here.

• M.E.Doc (“M. E. DOC” LIMITED LIABILITY COMPANY, Ukraine): or invoicing, accounting and bookkeeping.

• IT-Enterprise (Ukraine): for processing and storing personal data of Job Applicants. You can read their Privacy Policy here.

• Cookiebot (Usercentrics A/S, Denmark): To collect and store your consent to the use of cookies. You can read their Privacy Policy here.

As part of our business operations, we may engage various professionals who may receive your personal data, including technical, legal and marketing professionals, to provide you with better customer service. Together, these specialists are referred to in this Policy as Contractors. We enter into non-disclosure agreements with our contractors.

We may transfer your personal data for processing outside of Ukraine. In such cases, we act in accordance with the law and make sure that the relevant country provides an appropriate level of data protection.

Links to third-party websites

This Privacy Policy applies only to this Website. We encourage you to read the privacy statements of any Websites that you may access through hyperlinks on our Website. We have no control over the content of the privacy policies and data processing practices of other Websites and are not responsible for their actions.

Social media accounts

We maintain official Company pages on various social networks, including LinkedIn, Facebook, Medium, Instagram and TikTok. We may collect information about you when you interact with us through our social media accounts, by following our official pages, posting comments or responding to our content.

When you contact us through our social media accounts for help or leave feedback about our services, we may collect this information for further communication. For a detailed description of the personal information we may collect from you, please refer to the "How We Use Your Data" section of this Policy above.

Please note that, depending on the social network, the operators of these platforms may perform additional data processing operations. We recommend that you always check the privacy policies and rules of social networks regarding the collection of your personal data.

Age of the data subject

We do not knowingly collect personal data from anyone under the age of 18. By submitting your personal data to us, you confirm that you are at least 18 years old and that you can consent to the processing of your personal data.

If we learn that we have collected or received personal data from a child, we will delete this information. If you have reason to believe that a child has provided us with personal data, please contact us at welcome@modusx.digital.

Your rights under the law

In this section, we summarize the rights you have under the Law of Ukraine "On Personal Data Protection".

You can exercise your rights by submitting a request to welcome@modusx.digital.

Please note that in order to process your requests, we may need to verify your identity. Therefore, we may not be able to fulfill your request if you do not provide us with sufficient details to allow us to verify your identity and respond to your request.

Complaints

We encourage you to contact us first with any questions you may have regarding the processing of your personal data. For inquiries and complaints, you can use this address: welcome@modusx.digital.

In cases provided for by the Law, you have the right to file a complaint about the processing of your personal data with the Ukrainian Parliament Commissioner for Human Rights (the Commissioner) or a court.

We will cooperate with the relevant government authorities to resolve any complaints related to the protection of personal data that cannot be resolved by mutual agreement between you and us. You can find out more about the Department for Personal Data Protection of the Commissioner's Office here.

If you have any questions related to this Policy, our data processing activities, or your rights as a data subject under the Law of Ukraine "On Personal Data Protection" and other applicable laws, you can contact us directly using the contact details below:

• Our company: "MODUS X" LLC.

• Our address is Kyiv, Gareth Jones Street, UNIT. City, building 20D

• Our e-mail address is welcome@modusx.digital

• Our phone number: +38 044 594 06 00