Privacy Notice

Version 3.0 Revised: 07/27/2024

Who we are

Your personal information is collected and processed by Modern Metric. We respect your privacy and are committed to protecting your personal information. 

We are providing this privacy notice to tell you about how we collect and process your personal data when you visit our website or engage with us as a client, prospective client, or supplier.

Modern Metric is the data controller for the processing that we undertake that is outlined in this privacy notice. As the data controller, we are responsible for deciding how we hold and use the personal information we collect.

This privacy notice (the “Notice”) sets out the types of personal data we collect and use when you use our products and services (“Services”), and when you access and visit our websites (each a “Website”) and how we may use that data.

Throughout this document, we refer to Data Protection Legislation which means the EU General Data Protection Regulation (EU GDPR), US Data Privacy Legislation (f.e. CCPA), and any legislation implemented in connection with the aforementioned legislation. This includes any replacement legislation coming into effect from time to time.

Changes to the privacy notice and your duty to inform us of changes

We keep our privacy notice under regular review. Historic versions can be obtained by contacting us at here.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your information changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Children

While our website is designed for a general audience, we will not knowingly collect any data from children under the age of 13 or sell products to children. If you are under the age of 18, you are not permitted to use or submit your data to the website.

If we discover that we have collected any personal information from a child under the age of 18 that was not submitted with the consent of a parent or guardian, we will suspend the associated account and remove that information from our database as soon as possible.

If you believe we might have any personal information from or about a person under the age of 18, please contact us here.

Information we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. 

For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this privacy notice.

If you fail to provide personal information

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 goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time. 

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. 

Special categories of personal information

Some personal information is treated as falling into a special category. This includes information about health, disability, race, ethnicity, political opinions, biometrics or religion.

We will use your health data only where:

For example, we may process your health data to provide you with relevant insurance products.

How we collect information

We use different methods to collect data from and about you including through:

Please see our cookie notice for further details.

How we use your personal information

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Glossary

Refer to the glossary to find out more about the types of lawful basis on which we will process your personal data

Data Protection Legislation: Refers to the EU General Data Protection Regulation (EU GDPR), US Data Privacy Legislation (e.g., CCPA), and any legislation implemented in connection with the aforementioned laws, including any replacement legislation.

Personal Data: Any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

Data Controller: The entity that determines the purposes and means of processing personal data. For this notice, Modern Metric is the data controller.

Data Processor: The entity that processes data on behalf of the data controller.

DPIA (Data Protection Impact Assessment): A process to help identify and minimize the data protection risks of a project.

GDPR (General Data Protection Regulation): A regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area.

CCPA (California Consumer Privacy Act): A state statute intended to enhance privacy rights and consumer protection for residents of California, USA.

Special Categories of Personal Data: Information about an individual that is considered more sensitive and includes data about health, disability, race, ethnicity, political opinions, biometrics, or religion.

Data Subject: The individual whose personal data is being collected, held, or processed.

Legitimate Interest: A legal basis for processing personal data under GDPR that refers to the interest of the data controller in conducting and managing their business.

Purposes for which we will use your personal data

We have set out below, a description of the personal data we collect, how and why it is collected and which of the legal bases we rely on to do so (including a description of the legitimate interest pursued). We have also identified what our legitimate interests are where appropriate.

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 you as a new customer:

  • Create an account for you
  • Provide our products and services
  • Manage our systems
  • Prevent fraud
  • Send you marketing communications
  • Share this information with third parties if you have provided your consent to this
  • Identity
  • Contact
  • Performance of a contract with you
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests
  • Consent

To understand the way you use our products and services:

  • Identify products/services that may be of interest to you
  • Monitor usage of website and app
  • Provide location-based functions
  • Upload your photos and videos
  • Send notifications
  • Personalize our service
  • Develop new products and services
  • Statistical analysis and research
  • Improve our services
  •  Identity 
  • Contact 
  • Technical 
  • Marketing and Communications
  • Usage data
  • Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
  • Necessary for our legitimate interests (to administer our IT systems and run of business or website)

To process and deliver our products and services to you, including:

  • Manage payments, fees and charges
  • Collect and recover money owed to us
  • Sharing your personal data with our (sub)processors, business partners and other suppliers to deliver our products and services to you, maintenance and development of our business, products and/or IT-infrastructure
  • Identity 
  • Contact 
  • Financial 
  • Transaction 
  • Marketing and Communications
  • (a) Performance of a contract with you
  • (b) Necessary to comply with a legal obligation
  • (c) Necessary for our legitimate interests (to recover debts due to us)

Information when you communicate with us whether in person, through our website or app, via email, over the phone, through social media or via any other medium. We use this to:

  • Answer any of your issues or concerns
  • Monitor customer communications for quality and training purposes
  • Develop new services
  • Improve our services based on the feedback you provide
  • Identity 
  • Contact 
  • Transaction 
  • Marketing and Communications
  • Performance of a contract with you
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests
  • Consent

To manage our relationship with you which will include:

  • Notifying you about changes to our terms or privacy notice
  • Resolving technical issues
  • Asking you to provide feedback on our service
  • Identity 
  • Contact 
  • Technical
  • Marketing and Communications
  • Performance of a contract with you
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests
  • Consent

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting, hosting of data, and anti-money laundering checks).

  • Identity
  • Contact
  • Technical
  • Performance of a contract with you
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests
  • Consent

To deliver relevant website content

  • Identity 
  • Contact 
  • Usage 
  • Marketing and Communications 
  • Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

  • Technical 
  • Usage

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To make suggestions and recommendations to you about products and services that may be of interest to you

  • Identity 
  • Contact 
  • Technical 
  • Usage 
  • Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

Information that we collect incidentally from other sources or public sources, including information presented on our social media or wider social media platforms including Facebook, Twitter and Instagram. We use this information, including to:

  • Maintain market awareness
  • Build and maintain social media branding
  • Technical 
  • Usage 
  • Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. 

Third-party marketing - we will not share your information with any third parties for the purposes of direct marketing. 

Opting out - you can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.

Cookies - you can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie notice.

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. 

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.

Who we share your information with

There are certain circumstances where we transfer your personal information to other parties. For example, we will:

We share your information with certain contractors or service providers. They may process your personal data for us, for example, if we use a marketing agency. Other service providers include advertising agencies, IT suppliers, database providers, backup and disaster recovery specialists, and email providers. 

Our suppliers and service providers will be required to meet our standards on processing information and security. The information we provide them, including your information, will only be provided in connection with the performance of their function. They will not be permitted to use your information for any purposes other than those outlined in this privacy notice. 

We also share your information with certain third parties. We will do this either when we receive your consent or because we need them to see your information so we can provide products or services to you. These include:

If we are not able to share your information with these third parties, Modern Metric will not be able to deliver services and/or goods to you.

Your personal information may be transferred to other third-party organizations in certain scenarios:

Your personal data may also be shared with third parties if it is made anonymous and aggregated. In such circumstances, the information will cease to be personal data.

International Transfers

We share your personal data our suppliers and service providers. This will involve transferring your data outside the European Economic Area (EEA). Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA. 

Whenever we transfer your information out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: 

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA. 

How we protect your information

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties 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.

Data retention

How long will you use my personal information for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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 unauthorized 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.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for 6 years after they cease being customers for tax purposes.

In some circumstances, you can ask us to delete your data.

Sometimes 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. 

Your rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. See below for more information about your rights.

The Right to be Informed about our collection and use of personal data

You have the right to be informed about the collection and use of your personal data. We ensure we do this with our internal data protection policies and through our external website privacy notice. These are regularly reviewed and updated to ensure these are accurate and reflect our data processing activities.

Right to Access Your Personal Information

You have the right to access the personal information that we hold about you in many circumstances, by making a request. This is sometimes termed ‘Subject Access Request’. If we agree that we are obliged to provide personal information to you (or someone else on your behalf), we will provide it to you or them free of charge and aim to do so within 1 month from when your identity has been confirmed. We would ask for proof of identity and sufficient information about your interactions with us that we can locate your personal information.

If you would like to exercise this right, please contact us as set out below.

Right to Correction Your Personal Information

If any of the personal information we hold about you is inaccurate, incomplete, or out of date, you may ask us to correct it. If you would like to exercise this right, please contact us as set out below.

Right to Stop or Limit Our Processing of Your Data

You have the right to object to us processing your personal information for particular purposes, to have your information deleted if we are keeping it too long or have its processing restricted in certain circumstances.

You can ask us to restrict processing your data, for example where: 

If you would like to exercise this right, please contact us as set out below.

Right to Erasure

You have the right to have personal data erased. This is also known as the ‘right to be forgotten’. The right is not absolute and only applies in certain circumstances. Where the right doesn’t apply, we’ll let you know why we can’t action your request. 

This right may be applied where: 

If you would like to exercise this right, please contact us as set out below.

Right to Portability

The right to portability gives you the right to receive personal data you have provided to a controller in a structured, commonly used, and machine-readable format. It also gives you the right to request that a controller transmits this data directly to another controller. If you would like to exercise this right, please contact us as set out below.

Rights in relation to automated decision-making and profiling

An automated decision is one which we rely on a computer or system to assess the information you provide to us to make a decision about you. This may include: 

Automated decision-making means a decision made solely by automated means, without any human involvement. Profiling means the automated processing of your personal information to evaluate certain things about you. If we do make an automated decision about you, in some cases, you have the right to ask that we do not make our final decision based solely on the automated decision, and you can also object to the automated decision and ask that someone reviews it. If you would like to exercise this right, please contact us as set out below.

Withdraw consent 

You may withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Exercising your rights

If you wish to exercise any of the rights set out above, please contact us here or via the contact details as mentioned below. Please note also that we may process information and personal data about you in  instances where we are acting as a data processor or service provider for other companies. This means we processor your personal data on behalf of the other company. In such cases we recommend that you contact the company to which you originally provided your personal data and information to complete your data subject right request.

Your rights under the California Consumer Privacy Act (CCPA)

At Modern Metric, we take your privacy seriously and are committed to protecting your personal information. In accordance with the California Consumer Privacy Act (CCPA) and other applicable data protection laws, you have the right to request the deletion of your personal data that we have collected and the right to opt-out of the sale of your personal information.

Deletion request

If you wish to exercise the deletion right and have your personal information removed from our systems, please fill out the designated data deletion request form. Upon receiving your completed form, we will verify your identity and process your request in accordance with applicable laws. Please note that there may be certain circumstances where we are required or permitted by law to retain some or all of your personal data, in which case we will inform you of these reasons. If you have any questions or need assistance with the data deletion process, feel free to contact our privacy team at 970-315-2556.

Right to opt-out

You can opt-out of the sale or your personal information by contacting us directly by clicking here or contact our privacy team at 970-315-2556. You may also fill out our opt-out form. To protect your privacy and ensure the security of your personal information, we will need to verify your identity before processing your opt-out request. You will be required to provide us with sufficient information to verify your identity, such as: your full name, you email address associated with our services and any other specific information which can verify your identity. We will only use this information to verify your identity.

Time-frame for processing opt-out-requests

We will process your opt-out request within 15 business days of receipt. Once your request is processed, we will not sell your personal information unless you subsequently provide us consent or authorization for the sale.

Non-discrimination

We will not discriminate against you for exercising any rights under the CCPA. This means that we will not deny you goods or services, charge a different price or rate or provide you a different level of quality of goods and services.

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

We may need to request specific information from you to help us confirm your identity and 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. 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. 

Security

Data security is of great importance to Modern Metric. We have put in place appropriate technical and organizational measures to prevent your Personal Data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed.

We take security measures to protect your information including:

What happens if our business changes hands

We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Any personal data that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Notice, be permitted to use that data only for the purposes for which it was originally collected by us.

How to contact us or make a complaint 

You can make a complaint to the relevant supervisory authority or data protection authority, at any time about the way we use your information. However, we hope that you would consider raising any issue or complaint you have with us first. Your satisfaction is extremely important to us, and we will always do our very best to solve any problems you may have.

If you would like to exercise one of your rights as set out above, or you have a question or a complaint about this Privacy Notice or the way your Personal Data is processed, please contact our Data Protection Officer (DPO) by one of the following means:

By email: Click Here
By telephone: 970-315-2556
By post: 133 Prospector Road, Ste 4102B, Aspen CO, 81611
Or contact our internal Privacy Team directly Here.

Changes to our privacy notice

Thank you for taking the time to read our Privacy Notice. 

We may change this Privacy Notice from time to time (for example, if the law changes). We recommend that you check this Privacy Notice regularly to keep up-to-date.  This Notice was last updated on 27th June 2024.

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