Last Updated: June 1, 2025

Your privacy is important to Mode. 

This Privacy Policy applies to the Website and all related services located at http://www.subscription.modephone.com  (the “Website”), which are owned and operated by Mode Mobile, LLC., a Delaware limited liability company (“Mode”, “we”, “us”, or “our”) and available for use on Mode products, including Mode’s subscription-based Mode Earn Club and the Mode Earn Phone smartphone device (collectively “Mode Products”). This Privacy Policy describes what information is collected by us from an End User of the Website, and our mobile application, (“Mobile Application,” and together with the Website, the “Software”) that you ("End User,” “yourself,” or “you”), install from the Website, the Mobile Application, as well as our use and disclosure of that information. We treat your privacy seriously. 

Please read this Privacy Policy carefully, as it governs your use of the Website and Software. Your use of our Website and/or Software indicates to us that you have read and accepted our privacy practices, as outlined in this Privacy Policy.

We use your data to provide and improve the Website, Software, and related services. By using the Website and/or Software, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible from the Website.

MINORS UNDER THE AGE OF 18 MUST NOT PROVIDE ANY PERSONAL INFORMATION TO MODE. IF MODE IS NOTIFIED IT HAS PERSONAL INFORMATION ABOUT A MINOR UNDER THE AGE OF 18, THAT INFORMATION WILL BE PROMPTLY DELETED FROM OUR DATABASE.

1. Information Collection and Use - Mode Earn Club Registration

When you choose to sign up for a Mode Earn Club subscription through the Mode Website, we will collect information, including personal information, about you. We use your registration and account information to identify you, including information from you such as your name, address, email address, payment source, region/country, and, if you have a Mode Earn Phone, product type/model, product serial number, and date of product registration. We will use this information in order to administer your account or profile; provide services that you have requested; and to provide you with communications, including marketing messages that you choose to receive from Mode. The information collected and retained by Mode for these purposes may be shared with our service providers so that they may provide data hosting, processing and marketing services to and on behalf of Mode.

2. Information Collection and Use – SMS and MMS Campaigns

If you choose to provide Mode with your telephone number and opt in to receive commercial messages from Mode, your phone number will be used to send you information about Mode’s products and services that Mode believes you may be interested in learning more about. Mode does not sell any phone numbers to third parties, and only uses your phone number to send you information about Mode’s products and services.

Consent to receive telemarketing text messages from Mode is not required as a condition of purchasing any goods or services from Mode. 

If you would like to withdraw your consent to receive telemarketing text messages from Mode, you may do so at any time by texting “STOP” or “HELP” in response to any text sent by Mode. Message and data rates may apply. You may also email our data protection officer at [email protected]. 

3. Information Collection and Use – When You Contact Mode Support

Certain Mode product support activities may also involve you contacting Mode, including by email. To provide you with the service or support that you have requested, such as requesting technical support or repair under a warranty for a Mode Earn Phone, Mode customer service personnel may also collect and access personal information about you, such as your user profile, account information, contact information, Mode product and service identifiers, and information about how you use your Mode product and service.

This information you submit is not anonymous and can be used to personally identify you. The information you may be asked to submit to Mode so that Mode can respond to your inquiry, are the following categories of information:

• First and Last Name
• Email Address
• Phone Number (to allow Mode to call you back)
• Any other personal information you provide to Mode

Personal information submitted to Mode for customer support is not sold to any third parties and will be processed by Mode for the sole purpose of providing you with customer support.

4. Cookies

When you use Mode Products, we and our third party service providers may collect information from you through automated means, such as cookies, web beacons, and web server logs. By using Mode Products, you consent to the placement of cookies, beacons, and similar technologies in your browser and on emails in accordance with this Privacy Policy. The information collected in this manner includes IP address, browser characteristics, gyroscopic position, service strength, data provider, device IDs and characteristics, country code or approximate location, operating system version, language preferences, referring URLs, and information about the usage of our Services, such as length of time (in seconds) a user plays music, metadata (genre, artist, album, title, description, tags) and type of media.  We may use this information, for example, to ensure that Mode Products function properly, to create an account on your behalf when you have not formally registered for an account, to analyze your listening behavior and preferences in order to provide you with tailored content, to determine how many users have visited certain pages or opened messages or newsletters, or to prevent fraud. We work with analytics’ providers such as Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of Mode Products and report on activities and trends. This service may also collect information regarding the use of other Website, apps and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. 

 

Third parties that advertise goods or services on Mode Products (collectively, “Advertisers”) may also use cookies or other technologies to track your use of Mode Products. Advertisers also may use cookies to track your online activities across Website over time to provide interest-based advertising. Those third parties may also provide us with data collection, reporting, ad-response measurement, analytical information, and assist with delivery of relevant marketing messages and advertisements. Some of our Advertisers are members of the Network Advertising Initiative or the Digital Advertising Alliance, or for users in the EU, the European Interactive Digital Advertising Alliance’s Consumer Choice Page (http://www.youronlinechoices.eu). Please visit these organizations' opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. Please visit your device’s settings or install the AppChoices app to learn more about how you may opt out of receiving personalized ads in mobile apps. 

Further, if you are a resident of the EU, advertisements shown to you may be supplied via the Ogury Choice Management Platform (“Ogury CMP”), which is compatible with version 2.0 of the IAB Europe Transparency and Consent Framework (“TCFV2”).  Accordingly, your prior consent will be collected via Ogury CMP, which supports TCFV2.

If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting the transfer to your device of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. Your mobile operating system should also give you the option to manage your cookies and advertising preferences (this may be found in the "settings" function on your device).

If, however, you do not accept cookies, you may experience some inconvenience in your use of Mode Products. 

Third Party Pixels and Cookies.

When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://www.smartrecognition.com/database-opt-out/.

If you wish to opt-out of email marketing from a specific brand that we work with, such as a customer of ours, you can click on the “opt-out” or “unsubscribe” link in the footer (located at the bottom) of any marketing email you receive.

5. Use of Data

Mode uses your device identifying information, anonymous information, and in the event you register for an account, the Personal Information provided by you, only for the following reasons:

• To provide and maintain our Website and Software; 
• To register for our Services, which may include verifying your email address and payment source; 
• To notify you about changes to our Website and/or Software; 
• To gather analysis or valuable information so that we can improve our Website and/or Software; 
• To monitor the usage of our Website and/or Software; 
• To detect and prevent fraud; 
• To detect, prevent and address technical issues; and 
• To send you advertisements, promotions and content by third parties that we think will be of interest to you. To opt-out of receiving commercial emails from third parties, please click the opt-out link within the commercial email you received from Mode on behalf of the third party. If you opt-out of commercial emails from third parties, you may continue to receive commercial emails from Mode for Mode’s own products and services, unless you opt-out of Mode’s commercial messages containing advertisements for Mode’s products and services. 
• For our Mobile Application only, we use advertising/technology services from third party marketers which may use your device identifier and location data to provide advertisements about goods and services that may be of interest to you and to allow the third party marketer companies to perform ad measurement, analytics and research. These third party marketers are contractually prohibited from using this information for any purpose except for the business purpose we have in our agreements with the third party. To opt-out of receiving tailored advertisements on our Mobile Application, please email our data protection officer. 

Unless you direct us to transfer your name and email address to a third party marketing company for products and services you may be interested in learning about, Mode does not share any information collected on its Website or in the Browser Application that can be used to personally identify you, with any third parties. Anonymous data may be shared with our Service Providers to help us analyze our Website’ performance. For further details on our Service Providers, please see Sections 10-12.

6. Retention of Data

Mode will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Mode will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Website and/or Software, or we are legally obligated to retain this data for longer time periods.

7. Disclosure of Data

1. Generally

Mode does not share any of your information collected through the Software with any third parties. For Mode’s Website, Mode may share anonymous usage data, and other anonymous information we have collected on our Website with Service Providers as detailed in Sections 10-12. Such information shared with these Service Providers is anonymous and does not contain any Personal Information. We may also share aggregate, anonymized, data for marketing purposes.

 

1. Business Transaction

If Mode is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

1. Disclosure for Law Enforcement

Under certain circumstances, Mode may be required to disclose your Personal Information if required to do so by law, or in response to valid requests by public authorities (e.g. a court or a government agency).

1. Legal Requirements

Mode may disclose your Personal Information in the good faith belief that such action is necessary to:

• To comply with a legal obligation;
• To protect and defend the rights or property of Mode;
• To prevent or investigate possible wrongdoing in connection with the Website and Software (e.g. to prevent or investigate fraud);
• To protect the personal safety of End Users of the Website and Software or the public; and/or
• To protect against legal liability.

8. Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

9. California Residents – California Consumer Privacy Act (“CCPA”)

The California Consumer Privacy Act (“CCPA”) provides California residents with the right to request certain information regarding our collection of Personal Information from California consumers. If you are a California consumer, you have a right to request the following:

• The categories of Personal Information we may have collected about you;
• The categories of sources from which the Personal Information may have been collected;
• The business or commercial purpose for collecting or selling Personal Information;
• The categories of third parties with whom we share Personal Information; and/or
• The specific pieces of Personal Information we may have collected about you.

The categories of information you may provide us are set forth in this Privacy Policy.

Mode may share Personal Information with service providers to provide the Website and Software service, solely for a business purpose pursuant to a written contract between Mode and the service provider.

Mode does not “sell” your Personal Information as that term is defined under CCPA, however if you would like to receive further confirmation that any Personal Information we may have about you is not “sold” to third parties, you may contact our Data Protection Officer as follows:

Mode’s DPO Email: [email protected] 

You may also request that Mode delete your Personal Information by contacting us at the email or phone number provided above. Please understand that Mode is required by CCPA to first verify any request received prior to complying with any CCPA request.

In some instances, Mode is not required by CCPA to delete Personal Information. In such instance, Mode will notify you if your Personal Information was unable to be deleted for one of the permitted exceptions under CCPA.

10. Service Providers

We may employ third party companies to facilitate our Website ("Service Providers"), to provide the Website and/or Software on our behalf, to perform related services or to assist us in analyzing how our Website is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

11. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Website.

12. Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports Website traffic. Google uses the data collected to track and monitor the use of our Website and Software. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Website available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/ .

13. Links to Other Sites

Our Website, Software, and commercial emails we send to you may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

14. Children's Privacy

Our Website and Software do not address anyone under the age of 18 ("Children").

We do not knowingly collect Personal Information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.

15. Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Mode aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.

If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information by contacting us at [email protected]
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Information.
• The right of restriction. You have the right to request that we restrict the processing of your Personal Information.
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where Mode relied on your consent to process your Personal Information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

16. Legal Basis for Processing Personal Information Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Mode’s legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.

Mode may process your Personal Information because:

• We need to perform a contract with you;
• You have given us permission to do so; and/or
• The processing is in our legitimate interests and it's not overridden by your rights.

17. Transfer of Data From EU Territories

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Mode will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

18. Access to Confidential Information and Right to Correct 

If you are a resident of the United States, Canada, Australia, New Zealand, or the United Kingdom, you have a right to access any personal information Mode has collected about you, and a right to correct any information that you consider to be incorrect or incomplete. To access Personal Information Mode may have collected about you, and/or to correct any information Mode has collected about you, please contact our data privacy officer by emailing [email protected].

19. Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

20. Contact Us

Mode Mobile, LLC.
One East Erie Street, Suite 525 (#342)
Chicago, IL 60611 (Attn: Justin M. Hines, General Counsel)

If you have any questions about this Privacy Policy or have any requests regarding Personal Information we may have collected about you, please contact us at the following email address: [email protected]

Last Updated: June 1, 2025

Your privacy is important to Mode. 

This Privacy Policy applies to the Website and all related services located at http://www.subscription.modephone.com  (the “Website”), which are owned and operated by Mode Mobile, LLC., a Delaware limited liability company (“Mode”, “we”, “us”, or “our”) and available for use on Mode products, including Mode’s subscription-based Mode Earn Club and the Mode Earn Phone smartphone device (collectively “Mode Products”). This Privacy Policy describes what information is collected by us from an End User of the Website, and our mobile application, (“Mobile Application,” and together with the Website, the “Software”) that you ("End User,” “yourself,” or “you”), install from the Website, the Mobile Application, as well as our use and disclosure of that information. We treat your privacy seriously. 

Please read this Privacy Policy carefully, as it governs your use of the Website and Software. Your use of our Website and/or Software indicates to us that you have read and accepted our privacy practices, as outlined in this Privacy Policy.

We use your data to provide and improve the Website, Software, and related services. By using the Website and/or Software, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible from the Website.

MINORS UNDER THE AGE OF 18 MUST NOT PROVIDE ANY PERSONAL INFORMATION TO MODE. IF MODE IS NOTIFIED IT HAS PERSONAL INFORMATION ABOUT A MINOR UNDER THE AGE OF 18, THAT INFORMATION WILL BE PROMPTLY DELETED FROM OUR DATABASE.

1. Information Collection and Use - Mode Earn Club Registration

When you choose to sign up for a Mode Earn Club subscription through the Mode Website, we will collect information, including personal information, about you. We use your registration and account information to identify you, including information from you such as your name, address, email address, payment source, region/country, and, if you have a Mode Earn Phone, product type/model, product serial number, and date of product registration. We will use this information in order to administer your account or profile; provide services that you have requested; and to provide you with communications, including marketing messages that you choose to receive from Mode. The information collected and retained by Mode for these purposes may be shared with our service providers so that they may provide data hosting, processing and marketing services to and on behalf of Mode.

2. Information Collection and Use – SMS and MMS Campaigns

If you choose to provide Mode with your telephone number and opt in to receive commercial messages from Mode, your phone number will be used to send you information about Mode’s products and services that Mode believes you may be interested in learning more about. Mode does not sell any phone numbers to third parties, and only uses your phone number to send you information about Mode’s products and services.

Consent to receive telemarketing text messages from Mode is not required as a condition of purchasing any goods or services from Mode. 

If you would like to withdraw your consent to receive telemarketing text messages from Mode, you may do so at any time by texting “STOP” or “HELP” in response to any text sent by Mode. Message and data rates may apply. You may also email our data protection officer at [email protected]. 

3. Information Collection and Use – When You Contact Mode Support

Certain Mode product support activities may also involve you contacting Mode, including by email. To provide you with the service or support that you have requested, such as requesting technical support or repair under a warranty for a Mode Earn Phone, Mode customer service personnel may also collect and access personal information about you, such as your user profile, account information, contact information, Mode product and service identifiers, and information about how you use your Mode product and service.

This information you submit is not anonymous and can be used to personally identify you. The information you may be asked to submit to Mode so that Mode can respond to your inquiry, are the following categories of information:

• First and Last Name
• Email Address
• Phone Number (to allow Mode to call you back)
• Any other personal information you provide to Mode

Personal information submitted to Mode for customer support is not sold to any third parties and will be processed by Mode for the sole purpose of providing you with customer support.

4. Cookies

When you use Mode Products, we and our third party service providers may collect information from you through automated means, such as cookies, web beacons, and web server logs. By using Mode Products, you consent to the placement of cookies, beacons, and similar technologies in your browser and on emails in accordance with this Privacy Policy. The information collected in this manner includes IP address, browser characteristics, gyroscopic position, service strength, data provider, device IDs and characteristics, country code or approximate location, operating system version, language preferences, referring URLs, and information about the usage of our Services, such as length of time (in seconds) a user plays music, metadata (genre, artist, album, title, description, tags) and type of media.  We may use this information, for example, to ensure that Mode Products function properly, to create an account on your behalf when you have not formally registered for an account, to analyze your listening behavior and preferences in order to provide you with tailored content, to determine how many users have visited certain pages or opened messages or newsletters, or to prevent fraud. We work with analytics’ providers such as Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of Mode Products and report on activities and trends. This service may also collect information regarding the use of other Website, apps and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. 

 

Third parties that advertise goods or services on Mode Products (collectively, “Advertisers”) may also use cookies or other technologies to track your use of Mode Products. Advertisers also may use cookies to track your online activities across Website over time to provide interest-based advertising. Those third parties may also provide us with data collection, reporting, ad-response measurement, analytical information, and assist with delivery of relevant marketing messages and advertisements. Some of our Advertisers are members of the Network Advertising Initiative or the Digital Advertising Alliance, or for users in the EU, the European Interactive Digital Advertising Alliance’s Consumer Choice Page (http://www.youronlinechoices.eu). Please visit these organizations' opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. Please visit your device’s settings or install the AppChoices app to learn more about how you may opt out of receiving personalized ads in mobile apps. 

Further, if you are a resident of the EU, advertisements shown to you may be supplied via the Ogury Choice Management Platform (“Ogury CMP”), which is compatible with version 2.0 of the IAB Europe Transparency and Consent Framework (“TCFV2”).  Accordingly, your prior consent will be collected via Ogury CMP, which supports TCFV2.

If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting the transfer to your device of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. Your mobile operating system should also give you the option to manage your cookies and advertising preferences (this may be found in the "settings" function on your device).

If, however, you do not accept cookies, you may experience some inconvenience in your use of Mode Products. 

Third Party Pixels and Cookies.

When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://www.smartrecognition.com/database-opt-out/.

If you wish to opt-out of email marketing from a specific brand that we work with, such as a customer of ours, you can click on the “opt-out” or “unsubscribe” link in the footer (located at the bottom) of any marketing email you receive.

5. Use of Data

Mode uses your device identifying information, anonymous information, and in the event you register for an account, the Personal Information provided by you, only for the following reasons:

• To provide and maintain our Website and Software; 
• To register for our Services, which may include verifying your email address and payment source; 
• To notify you about changes to our Website and/or Software; 
• To gather analysis or valuable information so that we can improve our Website and/or Software; 
• To monitor the usage of our Website and/or Software; 
• To detect and prevent fraud; 
• To detect, prevent and address technical issues; and 
• To send you advertisements, promotions and content by third parties that we think will be of interest to you. To opt-out of receiving commercial emails from third parties, please click the opt-out link within the commercial email you received from Mode on behalf of the third party. If you opt-out of commercial emails from third parties, you may continue to receive commercial emails from Mode for Mode’s own products and services, unless you opt-out of Mode’s commercial messages containing advertisements for Mode’s products and services. 
• For our Mobile Application only, we use advertising/technology services from third party marketers which may use your device identifier and location data to provide advertisements about goods and services that may be of interest to you and to allow the third party marketer companies to perform ad measurement, analytics and research. These third party marketers are contractually prohibited from using this information for any purpose except for the business purpose we have in our agreements with the third party. To opt-out of receiving tailored advertisements on our Mobile Application, please email our data protection officer. 

Unless you direct us to transfer your name and email address to a third party marketing company for products and services you may be interested in learning about, Mode does not share any information collected on its Website or in the Browser Application that can be used to personally identify you, with any third parties. Anonymous data may be shared with our Service Providers to help us analyze our Website’ performance. For further details on our Service Providers, please see Sections 10-12.

6. Retention of Data

Mode will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Mode will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Website and/or Software, or we are legally obligated to retain this data for longer time periods.

7. Disclosure of Data

1. Generally

Mode does not share any of your information collected through the Software with any third parties. For Mode’s Website, Mode may share anonymous usage data, and other anonymous information we have collected on our Website with Service Providers as detailed in Sections 10-12. Such information shared with these Service Providers is anonymous and does not contain any Personal Information. We may also share aggregate, anonymized, data for marketing purposes.

 

1. Business Transaction

If Mode is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

1. Disclosure for Law Enforcement

Under certain circumstances, Mode may be required to disclose your Personal Information if required to do so by law, or in response to valid requests by public authorities (e.g. a court or a government agency).

1. Legal Requirements

Mode may disclose your Personal Information in the good faith belief that such action is necessary to:

• To comply with a legal obligation;
• To protect and defend the rights or property of Mode;
• To prevent or investigate possible wrongdoing in connection with the Website and Software (e.g. to prevent or investigate fraud);
• To protect the personal safety of End Users of the Website and Software or the public; and/or
• To protect against legal liability.

8. Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

9. California Residents – California Consumer Privacy Act (“CCPA”)

The California Consumer Privacy Act (“CCPA”) provides California residents with the right to request certain information regarding our collection of Personal Information from California consumers. If you are a California consumer, you have a right to request the following:

• The categories of Personal Information we may have collected about you;
• The categories of sources from which the Personal Information may have been collected;
• The business or commercial purpose for collecting or selling Personal Information;
• The categories of third parties with whom we share Personal Information; and/or
• The specific pieces of Personal Information we may have collected about you.

The categories of information you may provide us are set forth in this Privacy Policy.

Mode may share Personal Information with service providers to provide the Website and Software service, solely for a business purpose pursuant to a written contract between Mode and the service provider.

Mode does not “sell” your Personal Information as that term is defined under CCPA, however if you would like to receive further confirmation that any Personal Information we may have about you is not “sold” to third parties, you may contact our Data Protection Officer as follows:

Mode’s DPO Email: [email protected] 

You may also request that Mode delete your Personal Information by contacting us at the email or phone number provided above. Please understand that Mode is required by CCPA to first verify any request received prior to complying with any CCPA request.

In some instances, Mode is not required by CCPA to delete Personal Information. In such instance, Mode will notify you if your Personal Information was unable to be deleted for one of the permitted exceptions under CCPA.

10. Service Providers

We may employ third party companies to facilitate our Website ("Service Providers"), to provide the Website and/or Software on our behalf, to perform related services or to assist us in analyzing how our Website is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

11. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Website.

12. Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports Website traffic. Google uses the data collected to track and monitor the use of our Website and Software. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Website available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/ .

13. Links to Other Sites

Our Website, Software, and commercial emails we send to you may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

14. Children's Privacy

Our Website and Software do not address anyone under the age of 18 ("Children").

We do not knowingly collect Personal Information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.

15. Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Mode aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.

If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information by contacting us at [email protected]
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Information.
• The right of restriction. You have the right to request that we restrict the processing of your Personal Information.
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where Mode relied on your consent to process your Personal Information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

16. Legal Basis for Processing Personal Information Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Mode’s legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.

Mode may process your Personal Information because:

• We need to perform a contract with you;
• You have given us permission to do so; and/or
• The processing is in our legitimate interests and it's not overridden by your rights.

17. Transfer of Data From EU Territories

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Mode will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

18. Access to Confidential Information and Right to Correct 

If you are a resident of the United States, Canada, Australia, New Zealand, or the United Kingdom, you have a right to access any personal information Mode has collected about you, and a right to correct any information that you consider to be incorrect or incomplete. To access Personal Information Mode may have collected about you, and/or to correct any information Mode has collected about you, please contact our data privacy officer by emailing [email protected].

19. Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

20. Contact Us

Mode Mobile, LLC.
One East Erie Street, Suite 525 (#342)
Chicago, IL 60611 (Attn: Justin M. Hines, General Counsel)

If you have any questions about this Privacy Policy or have any requests regarding Personal Information we may have collected about you, please contact us at the following email address: [email protected]

Last Updated: August 28, 2023

Your privacy is important to Mode. 

This Privacy Policy applies to the Websites and all related services located at http://www.subscription.modephone.com  and https://subscription.modephone.com/#earn-club-max (collectively, the “Websites”), which are owned and operated by Mode Mobile, LLC., a Delaware limited liability company (“Mode”, “we”, “us”, or “our”) and available for use on Mode products, including Mode’s subscription-based Mode Earn Club and the Mode Earn Phone smartphone device (collectively “Mode Products”). This Privacy Policy describes what information is collected by us from an End User of the Websites, and our mobile application, (“Mobile Application,” and together with the Websites, the “Software”) that you ("End User,” “yourself,” or “you”), install from the Websites, the Mobile Application, as well as our use and disclosure of that information. We treat your privacy seriously. 

Please read this Privacy Policy carefully, as it governs your use of the Websites and Software. Your use of our Websites and/or Software indicates to us that you have read and accepted our privacy practices, as outlined in this Privacy Policy.

We use your data to provide and improve the Websites, Software, and related services. By using the Websites and/or Software, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible from the Websites.

MINORS UNDER THE AGE OF 18 MUST NOT PROVIDE ANY PERSONAL INFORMATION TO MODE. IF MODE IS NOTIFIED IT HAS PERSONAL INFORMATION ABOUT A MINOR UNDER THE AGE OF 18, THAT INFORMATION WILL BE PROMPTLY DELETED FROM OUR DATABASE.

1. Information Collection and Use - Mode Earn Club Registration

When you choose to sign up for a Mode Earn Club subscription through the Mode Websites, we will collect information, including personal information, about you. We use your registration and account information to identify you, including information from you such as your name, address, email address, payment source, region/country, and, if you have a Mode Earn Phone, product type/model, product serial number, and date of product registration. We will use this information in order to administer your account or profile; provide services that you have requested; and to provide you with communications, including marketing messages that you choose to receive from Mode. The information collected and retained by Mode for these purposes may be shared with our service providers so that they may provide data hosting, processing and marketing services to and on behalf of Mode.

2. Information Collection and Use – SMS and MMS Campaigns

If you choose to provide Mode with your telephone number and opt in to receive commercial messages from Mode, your phone number will be used to send you information about Mode’s products and services that Mode believes you may be interested in learning more about. Mode does not sell any phone numbers to third parties, and only uses your phone number to send you information about Mode’s products and services.

Consent to receive telemarketing text messages from Mode is not required as a condition of purchasing any goods or services from Mode. 

If you would like to withdraw your consent to receive telemarketing text messages from Mode, you may do so at any time by texting “STOP” or “HELP” in response to any text sent by Mode. Message and data rates may apply. You may also email our data protection officer at [email protected]. 

3. Information Collection and Use – When You Contact Mode Support

Certain Mode product support activities may also involve you contacting Mode, including by email. To provide you with the service or support that you have requested, such as requesting technical support or repair under a warranty for a Mode Earn Phone, Mode customer service personnel may also collect and access personal information about you, such as your user profile, account information, contact information, Mode product and service identifiers, and information about how you use your Mode product and service.

This information you submit is not anonymous and can be used to personally identify you. The information you may be asked to submit to Mode so that Mode can respond to your inquiry, are the following categories of information:

• First and Last Name

• Email Address

• Phone Number (to allow Mode to call you back)

• Any other personal information you provide to Mode

Personal information submitted to Mode for customer support is not sold to any third parties and will be processed by Mode for the sole purpose of providing you with customer support.

4. Cookies

When you use Mode Products, we and our third party service providers may collect information from you through automated means, such as cookies, web beacons, and web server logs. By using Mode Products, you consent to the placement of cookies, beacons, and similar technologies in your browser and on emails in accordance with this Privacy Policy. The information collected in this manner includes IP address, browser characteristics, gyroscopic position, service strength, data provider, device IDs and characteristics, country code or approximate location, operating system version, language preferences, referring URLs, and information about the usage of our Services, such as length of time (in seconds) a user plays music, metadata (genre, artist, album, title, description, tags) and type of media.  We may use this information, for example, to ensure that Mode Products function properly, to create an account on your behalf when you have not formally registered for an account, to analyze your listening behavior and preferences in order to provide you with tailored content, to determine how many users have visited certain pages or opened messages or newsletters, or to prevent fraud. We work with analytics’ providers such as Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of Mode Products and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. 

 

Third parties that advertise goods or services on Mode Products (collectively, “Advertisers”) may also use cookies or other technologies to track your use of Mode Products. Advertisers also may use cookies to track your online activities across websites over time to provide interest-based advertising. Those third parties may also provide us with data collection, reporting, ad-response measurement, analytical information, and assist with delivery of relevant marketing messages and advertisements. Some of our Advertisers are members of the Network Advertising Initiative or the Digital Advertising Alliance, or for users in the EU, the European Interactive Digital Advertising Alliance’s Consumer Choice Page (http://www.youronlinechoices.eu). Please visit these organizations' opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. Please visit your device’s settings or install the AppChoices app to learn more about how you may opt out of receiving personalized ads in mobile apps. 

 

Further, if you are a resident of the EU, advertisements shown to you may be supplied via the Ogury Choice Management Platform (“Ogury CMP”), which is compatible with version 2.0 of the IAB Europe Transparency and Consent Framework (“TCFV2”).  Accordingly, your prior consent will be collected via Ogury CMP, which supports TCFV2.

If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting the transfer to your device of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. Your mobile operating system should also give you the option to manage your cookies and advertising preferences (this may be found in the "settings" function on your device).

If, however, you do not accept cookies, you may experience some inconvenience in your use of Mode Products. 

 

5. Use of Data

Mode uses your device identifying information, anonymous information, and in the event you register for an account, the Personal Information provided by you, only for the following reasons:

• To provide and maintain our Websites and Software; 

• To register for our Services, which may include verifying your email address and payment source; 

• To notify you about changes to our Websites and/or Software; 

• To gather analysis or valuable information so that we can improve our Websites and/or Software; 

• To monitor the usage of our Websites and/or Software; 

• To detect and prevent fraud; 

• To detect, prevent and address technical issues; and 

• To send you advertisements, promotions and content by third parties that we think will be of interest to you. To opt-out of receiving commercial emails from third parties, please click the opt-out link within the commercial email you received from Mode on behalf of the third party. If you opt-out of commercial emails from third parties, you may continue to receive commercial emails from Mode for Mode’s own products and services, unless you opt-out of Mode’s commercial messages containing advertisements for Mode’s products and services. 

• For our Mobile Application only, we use advertising/technology services from third party marketers which may use your device identifier and location data to provide advertisements about goods and services that may be interest to you and to allow the third party marketer companies to perform ad measurement, analytics and research. These third party marketers are contractually prohibited from using this information for any purpose except for the business purpose we have in our agreements with the third party. To opt-out of receiving tailored advertisements on our Mobile Application, please email our data protection officer. 

Unless you direct us to transfer your name and email address to a third party marketing company for products and services you may be interested in learning about, Mode does not share any information collected on its Websites or in the Browser Application that can be used to personally identify you, with any third parties. Anonymous data may be shared with our Service Providers to help us analyze our Websites’ performance. For further details on our Service Providers, please see Sections 10-12.

6. Retention of Data

Mode will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Mode will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Websites and/or Software, or we are legally obligated to retain this data for longer time periods.

7. Disclosure of Data

A. Generally

Mode does not share any of your information collected through the Software with any third parties. For Mode’s Websites, Mode may share anonymous usage data, and other anonymous information we have collected on our Websites with Service Providers as detailed in Sections 10-12. Such information shared with these Service Providers is anonymous and does not contain any Personal Information. We may also share aggregate, anonymized, data for marketing purposes.

B. Business Transaction

If Mode is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

C. Disclosure for Law Enforcement

Under certain circumstances, Mode may be required to disclose your Personal Information if required to do so by law, or in response to valid requests by public authorities (e.g. a court or a government agency).

D. Legal Requirements

Mode may disclose your Personal Information in the good faith belief that such action is necessary to:

• To comply with a legal obligation;

• To protect and defend the rights or property of Mode;

• To prevent or investigate possible wrongdoing in connection with the Websites and Software (e.g. to prevent or investigate fraud);

• To protect the personal safety of End Users of the Websites and Software or the public; and/or

• To protect against legal liability.

8. Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

9. California Residents – California Consumer Privacy Act (“CCPA”)

The California Consumer Privacy Act (“CCPA”) provides California residents with the right to request certain information regarding our collection of Personal Information from California consumers. If you are a California consumer, you have a right to request the following:

• The categories of Personal Information we may have collected about you;

• The categories of sources from which the Personal Information may have been collected;

• The business or commercial purpose for collecting or selling Personal Information;

• The categories of third parties with whom we share Personal Information; and/or

• The specific pieces of Personal Information we may have collected about you.

The categories of information you may provide us are set forth in this Privacy Policy.

Mode may share Personal Information with service providers to provide the Websites and Software service, solely for a business purpose pursuant to a written contract between Mode and the service provider.

Mode does not “sell” your Personal Information as that term is defined under CCPA, however if you would like to receive further confirmation that any Personal Information we may have about you is not “sold” to third parties, you may contact our Data Protection Officer as follows:

Mode’s DPO Email: [email protected] 

You may also request that Mode delete your Personal Information by contacting us at the email or phone number provided above. Please understand that Mode is required by CCPA to first verify any request received prior to complying with any CCPA request.

In some instances, Mode is not required by CCPA to delete Personal Information. In such instance, Mode will notify you if your Personal Information was unable to be deleted for one of the permitted exceptions under CCPA.

10. Service Providers

We may employ third party companies to facilitate our Websites ("Service Providers"), to provide the Websites and/or Software on our behalf, to perform related services or to assist us in analyzing how our Websites are used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

11. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Websites.

12. Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports Websites traffic. Google uses the data collected to track and monitor the use of our Websites and Software. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Websites available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/ .

13. Links to Other Sites

Our Websites, Software, and commercial emails we send to you may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

14. Children's Privacy

Our Websites and Software do not address anyone under the age of 18 ("Children").

We do not knowingly collect Personal Information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.

15. Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Mode aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.

If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information by contacting us at [email protected]

• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

• The right to object. You have the right to object to our processing of your Personal Information.

• The right of restriction. You have the right to request that we restrict the processing of your Personal Information.

• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

• The right to withdraw consent. You also have the right to withdraw your consent at any time where Mode relied on your consent to process your Personal Information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

16. Legal Basis for Processing Personal Information Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Mode’s legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.

Mode may process your Personal Information because:

• We need to perform a contract with you;

• You have given us permission to do so; and/or

• The processing is in our legitimate interests and it's not overridden by your rights.

17. Transfer of Data From EU Territories

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Mode will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

18. Access to Confidential Information and Right to Correct 

If you are a resident of the United States, Canada, Australia, New Zealand, or the United Kingdom, you have a right to access any personal information Mode has collected about you, and a right to correct any information that you consider to be incorrect or incomplete. To access Personal Information Mode may have collected about you, and/or to correct any information Mode has collected about you, please contact our data privacy officer by emailing [email protected].

19. Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

20. Contact Us

Mode Mobile, LLC.
One East Erie Street, Suite 525 (#342)
Chicago, IL 60611 (Attn: Justin M. Hines, General Counsel)

If you have any questions about this Privacy Policy or have any requests regarding Personal Information we may have collected about you, please contact us at the following email address: [email protected]