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Privacy Policy

Privacy Policy

Modento Inc.
Modento Privacy Policy

Last Updated: November 2020

Welcome to Modento, Inc., (“Modento”, “we”, “us”, “our”), an online software company that provides dental professionals and their patients with a platform to interact and transact directly with each other (“Services”), through our website (which includes our Dashboard and Kiosk defined below) located at www.modento.io (“Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively the “Application”), and all associated services that we provide on our Site and Application (collectively, the “ Modento Services”).

We take your privacy rights and concerns very seriously so please read this document carefully because this Privacy Policy (“Policy”) along with our Terms of Service (“Terms”) and any applicable Service Agreements, incorporated herein by reference (collectively referred to as “Entire Agreement”), describe the legally binding agreement between you or your Company, whether a Clinic or Patient, (referred to hereinafter as, “you”,” or “User,” or “your”) and us.

Our Policy outlines how it is that we intend on using any of your protected health information (PHI), electronic personal health information (ePHI), Personal Information, Patient Information, Medical Clinic Data, user information, Login Credentials, Navigational, Payment Information, financial or sensitive information (“Data”) acquired, stored or maintained through your use of theModento Services. This Policy governs our data collection, processing and usage practices. It also describes your choices and rights regarding use, access and correction of your Data. If you do not agree with the data practices described in this Policy, you shall not use the Modento Services. Similarly, if you do not agree to our Terms of Service, you shall not use the Modento Services.

For the purposes of this Policy, any terms not specifically defined in this Policy or the Terms of Service shall have the meaning and definition given to them under the Health Insurance Portability and Accountability Act (HIPAA) or the other agreements incorporated herein by reference. Should you not understand your obligations under HIPAA, if any, you are not authorized to use the Modento Services.

You acknowledge and agree that your access and use of the Modento Services, and acceptance of the Privacy Policy herein, are subject to our Terms of Service incorporated herein by reference.If you are using the Modento Service on behalf of an individual or authorized legal entity other than yourself, you represent that you are authorized by such individual or entity to act on such individual or entity’s behalf, and that such individual or entity acknowledges the practices and policies outlined in this Policy.

By accessing the Modento Services, you agree to comply with this Policy, and that your visit and use of the Modento Services, and any dispute directly arising out of your use or misuse, shall be governed by this Policy. We may modify the terms of this Policy (including our Terms of Service) at any time in our sole discretion, by posting amended terms to this Policy to the Site, Application, or by sending you an e-mail to the email address you provided to us upon signing up. Your continued use of the Modento Services thereafter shall constitute immediate acceptance of all revised, modified and amended terms to this Policy. However, you should review the most up-to-date version of the Policy from time-to-time on the Site or Application. We will notify you of any material changes, amendments or modifications to the Policy through the Site or Application, or through other direct communication. In the event you choose not to agree and accept the new, modified or amended Policy, you shall cease use of any of the Modento Services and notify us in writing.

Nothing in this Policy shall be deemed to confer any third-party rights or benefits. Additional terms may apply to certain services and products, and those additional terms shall become part of your agreement with us if you use those services or products. Our partners, affiliates, vendors, manufacturers, distributors, licensors and third-party services may have additional privacy policy terms, restrictions, limitations and data collection and protection practices that you should review separately and independently from this Policy. If you have any questions about this Privacy Policy or our treatment of the information you provide us, please email us at: support@modento.io

YOU UNDERSTAND AND AGREE THAT MODENTO IS NOT A MEDICAL OR DENTAL SERVICE PROVIDER AND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PATIENTS AND PROVIDERS. THE CONTENT CONTAINED IN THE MODENTO SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED ON FOR MEDICAL OR DENTAL DIAGNOSES OR TREATMENT PLANS. MODENTO HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS.

PROTECTED HEALTH INFORMATION, HIPAA & BUSINESS ASSOCIATE
It’s important for you to know that Modento is not a “covered entity” pursuant to HIPAA. However, pursuant to 45 CFR 160.103, we are a “business associate” to our Dental Clinics (defined in our Terms of Service), who are considered “covered entities” and who may possess Individually Identifiable Health Information that is protected under HIPAA, the Privacy Rule, the Security Rule and the HITECH Standards.

We still require that all health care providers, Dental Clinics, physicians, hospitals, staff and their personnel, employees, agents, vendors, and affiliates who use the Modento Services comply with this Policy, and all federal, state, or local government law, statute, rule, code, regulation, permit, ordinance, authorization, order, judgment or similar governmental requirement, including without limitation the Health Insurance Portability and Accountability Act of 1996 (HIPAA).We also require all of our vendors, third party affiliates and partners who assist us in providing the Modento Services abide by the data practices and policies set forth herein and pursuant to HIPAA.

As a Business Associate to our Dental Clinics, we will appropriately safeguard the protected health information we receive or create on behalf of the covered entity or Dental Clinics and for Patients. We will use the Data and information collected by the Dental Clinics only for the purposes of providing the Modento Services to the Dental Clinics and its Patients (defined in our Terms of Service). We will safeguard the Data information from misuse and will help the Dental Clinics comply with some of their duties as a covered entity under the Privacy Rule. Dental Clinics that qualify as a covered entity, may disclose protected health information to us in our role as a Business Associate to them, only to help the Dental Clinic carry out its health care functions, not for our independent use or purposes, except as needed for the proper operations, management, research, development and administration of Modento Services.

Under HIPAA, a “covered entity” is required to provide its patients a Notice of Privacy Practices that describes how the covered entity uses and discloses PHI. As a result, the Dental Clinics shall provide Patients who use Modento Services a HIPAA Notice of Privacy Practices that describes how the Dental Clinics may use or disclose Patients PHI (the “Dental Clinic’s Notice of Privacy Practices”).

HIPAA also requires a covered entity to obtain a patient authorization that satisfies certain requirements in order for the covered entity or its business associates to use or disclose PHI in certain ways. In order to ensure that the Dental Clinics and Modento are able to effectively provide their respective services to both the Dental Clinics and Patients, and that you are able to utilize the full functionality of the Modento Service, the Dental Clinics and Modento may need to use or disclose Patient PHI in ways that would require the Dental Clinic to obtain an authorization under HIPAA. As a result, the Dental Clinic has obtained or will obtain from Patient a patient authorization (a “Patient Authorization”) that authorizes the Dental Clinics and Modento to use and disclose Patient PHI with one another in order to provide the Modento Services.

BEFORE USING THE MODENTO SERVICES, PLEASE CONTACT YOUR DENTAL CARE PROVIDER FOR A COPY OF YOUR DENTAL CLINIC’S NOTICE OF PRIVACY PRACTICES AND ANY REQUIRED AUTHORIZATIONS PURSUANT TO THE HIPAA.

If you are a Patient, you agree that you have provided your Dental Clinic, that uses the Modento Services, adequate and up-to-date health authorizations to release information to us, and for us to use in the operation of the Modento Services. If Patient is a Minor, a legal guardian guarantees that they have executed and delivered the appropriate and required health authorizations on behalf of the Minor to the Dental Clinic using Modento Services. You hereby agree, that since we are a Business Associate of our Dental Clinics, we shall have the right to access, collect, acquire, analyze, retain, and use the Data that we are provided through the Dental Clinic’s use of the Modento Services, solely for business purposes, including, without limitation, patient timelines, patient notifications, appointment scheduling, communications, and research and development for further features, services, and products. We will never sell your Data to third parties, vendors, or partners without your prior written authorization.

1. Use by Minors

  • 1.1 The Modento Services is intended for use by individuals who are at least 18 years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Modento Service. However, if you are a parent or legal guardian of a minor child, you may, in compliance with the Terms of Service, consent to use of the Modento Services by such minor child provided that such minor child is at least 13 years old, or, if such minor child is under the age of 13, you may, in compliance with the Terms of Service, use the Modento Services on behalf of such minor (“Minor”). Any information you provide us on behalf of a Minor will be treated in accordance with this Privacy Policy.
  • 1.2 We do not knowingly collect information from individuals under the age of 13. If we learn that we have received any information from an individual under the age of 13 instead of from such individual’s parent or legal guardian, we will only use that information to respond directly to that Minor (or a parent a parent or legal guardian) to inform him or her that he or she cannot use the Modento Services directly and must have a parent or legal guardian use the Modento Services on his or her behalf, and subsequently we will delete such information and Data from our own servers.

2. Information We Collect (“Information”)

  • 2.1 General:
    • 2.1.1. Login Credentials: When registering for a Dental Clinic Account, you will be required to select a username and password that will be used to access your Dental Clinic Account (“Login Credentials”). You are responsible for protecting your password and for all activities that occur under your Dental Clinic Account, whether known or unknown to you. You agree that you will not disclose your Login Credentials to any third party, unless required to do so by law.
    • 2.1.2. Patient Information: Patient information that you have legally provided to us, such as Patient sensitive and personal information, PHI, ePHI, Data which makes a person personally identifiable, including without limitation, their name, address, social security number, date of birth, signature, medical information, insurance information, medical records and medical history, diagnostic videos and images, dental history, medication list and information, prescription list and information, pharmacy information, billing information, credit card information, marital status, and laboratory, x-ray, and imaging diagnoses (“Patient Information”). The information we collect from you will only be used for furthering and bettering our business analytics, methods, processes, customer services, product design and functionality, new features, new products, research and development and the like. We do not store personally identifiable information, PHI, or ePHI for purposes other than operating the Modento Services and complying with legal regulations and the law.
    • 2.1.3. Payment Information: Credit card and billing information (“Payment Information”) processed through a third-party payment gateway.
  • 2.2. Dental Clinics:
    • 2.2.1. Clinic Registration Information: In order to register and create an account with us to use the Modento Services (“Dental Clinic Account”), you will need to provide us with the following, without limitation: your Dental Clinics’ practice name, profile picture, dental director name and dental/medical licensure information (if applicable), email address, phone number, address, list of physician names, fax number, NPI number, efax number, and dental insurance information (“Clinic Registration Information”). By registering an account, you agree to provide accurate, current, and complete information about your Dental Clinic and its employees, directors, officers, agents and staff as prompted.
  • 2.3. Patients:
    • 2.3.1. Patient Registration Information: In order to register and allow the Dental Clinic to use the Modento Services with Patient, you shall create an account with us via the Applications (“Patient Account”), and you shall provide us with the following, without limitation: your legal name, gender, address, date of birth, insurance carrier, insurance information, phone number, signature, medical history, dental history, treatment plans, payment history, payment information, consent to contact you regarding the Modento Services and your Patient Account, and consent to use your Patient Information, Data, health information, PHI, and ePHI to provide you with Modento Services (“Patient Registration Information”).
    • 2.3.2. In addition to the Patient Registration Information that you voluntarily provide to us, we may also collect Payment Information, Patient Information, Log Files, Visitor Data, and Navigational Information.
  • 2.4. Information We Automatically Collect: To improve our Services, we collect aggregate User Data related to the use of the Modento Services, including:
    • 2.4.1. Visitor Data: Visitor data directly or through third-party services such as Google Analytics, Firebase, Branch, Pendo and Sentry, in order to better understand visitor behavior, demographics, locations, page views, time spent on the Site, and other metrics and analytics used to provide and improve the Modento Services.
    • 2.4.2. Log Files: Log Files when you use our Services may automatically be collected about your computer or mobile device hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our Site or Application (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses (“Log Files”). This information is used by us for the operation of the Modento Services, to maintain quality of the Modento Services, and to provide general statistics regarding use of the Modento Services. For these purposes, we do link this automatically-collected data to Dental Clinic data such as name, email address, address, and phone number.
    • 2.4.3. Navigational Information: “Navigational Information” includes information about your computer and your visits to this Site or Application such as your geographical location, browser type, referral source, length of visit and pages viewed, number of users and sessions, the duration of users’ sessions, the operating systems and its versions, device models, and duration of using certain features. We use Navigational Information to operate and improve the Modento Services. We do not link this information to specific users. However, we may link certain Navigational Information such as the operating system and device model to individual users. We will never sell this information. We will only share this information with employees, third-party affiliates, vendors, Service Providers and partners who need the information to use or provide the Modento Services.

3. When We Collect Information. We may collect Data submitted by you when you:

  • 3.1. Visit the Site, view its pages, and make use of its functionality whether anonymously or as a registered user;
  • 3.2. Register to create an account on the Site or Application, and access content, information, material, software or any other items or services from us using the Modento Services;
  • 3.3. Update your User Account;
  • 3.4. Make a complaint or enquiry or provide other feedback to us;
  • 3.5. Request communications, such as updates or newsletters;
  • 3.6. Communicate with us by email, phone or text messages;
  • 3.7. Use the Modento Services and Software;
  • 3.8. Disclose Data to us or otherwise through the Modento Services in any other way, for example, by uploading information, content, images, feedback, videos, notes, text, through the Modento Services.

4. How We Use the Data Collected. We may use the information collected from your use of the Modento Services or visit to the Site or Application for the following purposes:

  • 4.1. Sending Patient Information to your respective Dental Clinic;
  • 4.2. Sending Patient’s communications to their respective Dental Clinics;
  • 4.3. Processing requests for an appointment with authorized Dental Clinics;
  • 4.4. Setting appointment reminders;
  • 4.5. Contacting you and delivering information (including marketing material) to you that you have requested or that we believe may interest you, such as details of Dental Clinic services, discounts and loyalty programs, and communications relevant to your use of the Dental Clinic’s services;
  • 4.6. To the extent necessary enforce our Terms of Use;
  • 4.7. Monitor, develop, customize, tailor, personalize and improve the Modento Services and your experience;
  • 4.8. Request further information from you, including records requests, insurance type, and providers;
  • 4.9. Send you updates and other information about the Modento Service and your Account;
  • 4.10. Send medical images, videos, x-rays, and scans to enhance medical diagnoses for you and the Dental Clinic that provides dental services to you;
  • 4.11. Communicate with Patient on behalf of the Dental Clinic;
  • 4.12. Contact you to follow up on the Modento Services, feedback, and testimonials;
  • 4.13. Build new features, updates, products and additional services based on Data, user analytics or feedback provided by you;
  • 4.14. Monitor compliance with and investigate any suspected, alleged or actual breach of the Terms of Service or this Policy, or of any other terms and conditions otherwise relating to you, including by checking postings, User Account messages, or submissions to the Site and using keyword triggers to investigate usage that may be inappropriate or unauthorized;
  • 4.15. Analyze the use, design, functionality and user feedback of the Site and Modento Services;
  • 4.16. Provide customer support, onboarding and responding to your requests or concerns;
  • 4.17. Facilitating the provision of services to you by Dental Clinics;
  • 4.18. Making certain information in your dental records are accessible and available to you;
  • 4.19. Processing payments and Fees;
  • 4.20. Detecting, preventing, investigating and responding to fraud, intellectual property infringement, violations of our Terms of Service, or other misuse of the Modento Services or the Dental Clinic’s services;
  • 4.21. Amalgamate data and information for analysis, publication and consumer insights; and
  • 4.22. Collect and segment Data to optimize and improve the Modento Services.

5. Information We Share

  • 5.1. We reserve the right to disclose parts or all of the information that we collect online about you to service providers and contractors who assist us in our business purpose either through partnerships, affiliations, contractors or licenses. Some service providers, distributors and contractors used on our Site include, without limitation, processing payment services, maintenance of the Site, and providing business services to us or to you. In all cases where we share your information with such partners, affiliates, and service providers, we explicitly require them to acknowledge and adhere to our Privacy Policy, HIPAA, the Privacy Rule, and customer data handling policies. Such third parties are prohibited from using your Data except for these stated purposes, and they are required to maintain the confidentiality of your Data.
  • 5.2. We may disclose part or all information collected through the Modento Services, if (1) required by law; (2) if we believe that disclosure is necessary to comply with the law; (3) to enforce our intellectual property rights; (4) to protect the rights, property or safety of us and our employees or agents; and (5) if necessary to defend against third-party claims. We may also disclose information collected on the Site when requested to comply with a court order, investigation, subpoena or governmental request. We will notify you of such use, either by a notification on the Site or by email to our Users.
  • 5.3. We may disclose some of your Data to our third-party service providers that provide services such as the hosting of the Modento Service, data analysis, IT services and infrastructure, scheduling, customer service, e-mail delivery, auditing, payment processing, and other similar services.
  • 5.4. We may disclose some of your Data to schedule and fulfill appointments with thePatient and Dental Clinic;
  • 5.5. If we go through a business transfer, such as consolidation, merger, restructuring, acquisition, or sale of part or all of our assets, you acknowledge and consent to the transfer of your Data. You further acknowledge and consent to the continued use of your information by the recipient, so long as they comply with this PrivacyPolicy. In this event, you will be notified via email and/or a prominent notice on our Site, of any change in ownership, uses of your Data, and choices you may have regarding your Data.
  • 5.6. We will not sell your Personal Data to any third party without your express written permission. We will not directly share your Data with any third party whois not affiliated with us, except as described in this Privacy Policy. We don’t like spam any more than you do, and we will not share your personal information to be used for the purpose of sending you unsolicited commercial offers or promotions. Please bear in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example through email, that information can be seen, collected and used by others besides us. We are not responsible for any unauthorized third-party use of such information.
  • 5.7. If and when we share your Data with third parties, contractors, service providers as affiliated with us, we only provide information necessary and required to perform their service(s), and we require that they protect your information and not use it for any other purpose.

6. Third-Party Affiliates

  • 6.1. This Privacy Policy only applies to the collection of Data by Modento, and the use of that Data by us. It does not cover third party websites, contact information, or referrals to which we may provide information to, nor does it cover advertisers, promoters, affiliates, and vendors. These third-party websites may have their own privacy policies and terms and conditions of use, which you should also read and consent to as part of your use of the Website and its Services. Some third-party affiliates that we use to provide the Modento Services include, without limitation and subject to change, Mailgun, Nexmo, AWS SNS, Slybroadcast, Stripe, Pusher, and Onederful. You hereby give us permission to share Data and information collected to these third-party affiliates solely for the purpose of providing the Modento Services.
  • 6.2. The Site may include links to websites operated by other companies, which may or may not be co-branded. We are not responsible for the privacy practices of websites or other services operated by third parties that are linked to, suggested by or integrated with the Modento Services or for the privacy practices of any third party. Once you leave the Modento Services via such a link, access a third-party application, or click on a third-party offer, you should check the applicable privacy policy of the third party or advertiser website to determine, among other things, how they will handle any personal information they collect from you. Our provision of such links does not constitute our endorsement of these other websites, clinics, physicians, covered entities, their content, their owners, or their practices. All third parties and affiliates used by Modento are obligated to comply with our Terms of Service and Privacy Policy.

7. Security, Payments and Breach Notification

  • 7.1. Modento takes your privacy seriously, and we maintain strict HTTPS -enabled use of the Site, which ensures Data is encrypted. Furthermore, we keep up to date with the latest and legally required protocols and best practices with respect to HIPAA compliance. As we understand the protection of PHI is critical, and that only those whom are authorized should be able to access and use such information, our systems are built to facilitate and maintain this protection.
  • 7.2. Regarding the collection, storage, processing, and securing practices and measures to protect against unauthorized access to Data, Modento implements commercially reasonable technical and organizational measures to protect Data against unauthorized access, alteration, disclosure, or destruction of Data stored on our Site and Application.
  • 7.3. We store collected information and Data in secure environments such as Amazon Web Services (AWS). We cannot and do not guarantee that information supplied to us will not be intercepted while being transmitted over the internet. We provide training to our staff on data protection best practices and require them to enter into a confidentiality agreement. We make use of all reasonable efforts and requirements mandated under HIPAA regulations and its associated Privacy Rule and Security Rule to ensure Data is properly collected, stored, used, disposed of, and secured.
  • 7.4. If you give us credit card or billing information, we use it solely to collect payment from you as necessary for the use of the Modento Services or to process payments between Patient and Dental Clinic. When you pay for a Dental Clinic’s services through the Modento Services, your information and credit card or debit card information is processed, stored, and kept secure by Stripe, a third-party credit card processing service. Your Payment Information will be stored by Stripe in their restricted-access database. Stripe is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf. Please be sure to review Stripe’s privacy policy and terms. However, no method of transmission over the Internet, or electronic storage is 100% secure, and we cannot guarantee its absolute security. We assume no responsibility or liability for damages resulting from Stripe’s processing, storage, or other use of your information, including credit or debit card information.
  • 7.5. Security Breach
    • 7.5.1. In the event that any PHI or Data is compromised as a result of a breach of security, we will promptly notify those persons/Users whose Data has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law. We shall also: (1) work diligently to resolve the conditions that caused the breach; and (2) abide by breach notification laws and notify appropriate authorities.
    • 7.5.2. We do not accept liability for unintentional disclosure. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Modento Service and information about you contained in the Modento Service.It is your responsibility to keep your computer, phone, and devices safe and secure. We are not liable for any unauthorized use of your Account or Data that is not directly caused by us.

8. Changes to Personal Information. You may request corrections, updates, or deletion of your PHI, Patient Information, Registration Information, and Data by contacting us at support@modento.io or by accessing the settings in your Account. We will respond to your request within a reasonable amount of time from when you submit the request. Unless you request otherwise, we will retain your information and Data for the purpose of providing the Services.

9. Communications and Marketing. We will communicate with you through the information you have provided to us, including, email, phone, fax, text messages and in-application/web portal notifications, if applicable. Should you want to unsubscribe or opt-out of any communication with us, you may do so by clicking the unsubscribe button at the bottom of all emails, or by sending us an email. You have the right to opt-out of receiving any such communications, unless it is material to your Data, use or misuse of the Modento Services.

10. Retention of Information and Data Collected

  • 10.1. Modento shall store and retain Data collected until the User cancels its account with us, or we believe the User Account is in breach of this Policy or inactive, or the User Account has been suspended by us. Upon cancellation or deletion, Data and personally sensitive information is immediately deleted to comply withHIPAA, unless it is required to be retained by law. Upon cancellation or deletion of a User Account, we will retain Navigational Information for as long as we require for our analytics purposes.
  • 10.2. If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Content and the ModentoServices, such as when you last opened an email from us or ceased using yourUser Account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

11. Use of Cookies. We may store cookies (e.g., locally stored objects) in your computer’s hard drive when you use the Modento Service. These devices are used to help us speed up your future activities or to improve your experience by remembering the information that you have already provided to us. Some of our third-party affiliates and service providers may also use cookies to provide us with anonymous data and information regarding your use of the Modento Service. At your option, you may block or delete devices from your hard drive. However, by disabling such tracking devices, you may not have access all features of the Modento Service.

12. Your Data Protection Rights

  • 12.1. When using the Modento Service, you may choose not to provide us with certain information, but this may limit the features you are able to use or may prevent you from using the Modento Service all together.
  • 12.2. Upon written request, we may provide you with information as to whether and what Data we store in relation to you. Should your Data be incorrect, you may have it corrected. You may also revoke your consent to use your Data in the future, in whole or in parts, or request deletion of Data.
  • 12.3. If we have collected and processed your Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Data conducted in reliance on lawful processing grounds other than consent. If you are no longer a Patient of a DentalClinic that uses Modento, you may notify us in writing stating your withdrawal of your consent to process your Data.
  • 12.4. If you share information with us, you will have the opportunity and right to review, update, change or delete the information you have provided to us (and that we continue to store) at any time. If and when you ask us to delete or modify your PHI or Data, we reserve the right to retain a record of certain personal information and to record changes, in order to comply with applicable federal, state or local law(s). If you remove information that you have made public on theSites, copies may remain viewable in cached and archived pages of the Site.
  • 12.5. In addition to the above, you have the following data protection rights:
    • 12.5.1. You can request access, correction, updates or deletion of your Data;
    • 12.5.2. You can object to processing of your Data, ask us to restrict processing of your Data or request portability of your Data;
    • 12.5.3. You have the right to complain to a data protection authority about our collection and use of your Data.

13. Global Digital Privacy Regulations (GDPR) Compliance

  • 13.1. Our legal basis for collecting and using the Data described above will depend on the Data concerned and the specific context in which we collect it. However, we will normally collect User Content and Data from you only where we have your consent to do so, where we need the Data to perform a contract with you, or where the processing is in our legitimate interests is not outweighed by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect and maintain Data from you.
  • 13.2. If We ask You to provide PHI or Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Data is mandatory or not (as well as of the possible consequences if you do not provide your Data). Similarly, if we collect and use your Data in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
  • 13.3. Processing shall be lawful only if and to the extent that at least one of the following applies:
    • 13.3.1. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
    • 13.3.2. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
    • 13.3.3. processing is necessary for compliance with a legal obligation to which the controller is subject;
    • 13.3.4. processing is necessary in order to protect the vital interests of the data subject or of another natural person;
    • 13.3.5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
    • 13.3.6. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Modento Inc.
7001 Cook Ct
Snoqualmie, WA 98065