PRIVACY POLICY

Modulate collects personal data when we deliver our products and services, conduct marketing, and run our business operations. The personal data we collect varies based upon whether the data is collected through our products and services, including our software, support services, (“Software”), through our website, or other means.

Information We Collect Directly:
If you are a corporate customer: when you purchase, register, or use Modulate Software, or use our Software support services, we may collect contact information such as your name, email address, physical address, telephone number, and financial and payment details, together with information on the Modulate Software you buy, register, or use. We collect this information to fulfill our contracts with our customers.

If you are a customer, prospective customer, or website visitor: when you engage with Modulate for marketing or service purposes, such as by expressing interest in Modulate Software through a web form, participating in a promotion, attending a Modulate or other marketing event, or requesting service, we will collect the information you submit to us, such as your contact details (including name, email address, phone number, organization and job title) and the Modulate Software that interests you. We collect this information based on your consent and our legitimate interest in responding to your requests and marketing our products.

If you are a job applicant or employee: when you submit an employment application, we collect the personal data disclosed by your application, such as your name, email address, phone number, and employment and education history. If you become employed at Modulate, we may collect additional information about you and your dependents and beneficiaries to enable payment of wages and administration of benefits.

If you are a corporate customer: We may also collect other electronic data from our corporate customers derived from your use of our Software. This data may include usage data, and data showing your registration, installation and use of Modulate Software which will be used for the purpose of fulfilling your contract and our legitimate interest in managing licenses and billing.

Modulate may collect personal data indirectly in certain situations, in particular:
If you are an end user of software that embeds Modulate Software: We provide voice processing Software to corporate customers, and we may collect personal data processed in that Software when you interact with our customer’s products, including audio and video recordings, speech patterns, language, or any personal information that you say in those interactions. We also collect your coarse-grained location, a randomly generated Modulate ID, and profile history. We collect this data as part of our agreements with our customers, who have in turn obtained your consent through an End User License Agreement.

If you are a recipient of our marketing communications: We obtain marketing contact information, including name, email address, phone number, organization, and job title, from public sources, and from third-party lists to be used for our legitimate interests in marketing our products.

If you are a job applicant: We collect personal data, including employment and education history, from third parties to conduct background and reference checks for employment applications, subject to your consent where consent is required by law, but otherwise based on our legitimate interests in assessing your suitability for open roles.

Modulate does not use cookies within its Software. We also do not use tracking or analytics cookies on our website, but use essential cookies for security purposes and to improve your use of our website. Cookies are small pieces of data that websites store on a device.

General Business Operations
We use contact information to market, sell, and service Modulate Software, subject to your consent where required by law. We allow you to opt out of receiving marketing or promotional communications from Modulate at any time without prejudice.

We use financial or payment information, and your contact details, to support, establish, and conduct our corporate customer relationships if you were to purchase Modulate Software or services. For example, your data would be necessary for the performance of our agreement with you (including, for example, completing purchase transactions, fulfilling or confirming an order, responding to requests for information about products and services, and the providing the Software and support services).

We use personal data from employment applications to support our legitimate interest in processing your application and to contact you about it or if future opportunities arise.

Personal Data Processed Within Our Software (“Software Usage Data”)
We use the personal data that is processed within our Software, such as audio data, and any personal data contained within Software usage data we collect, to deliver our Software sold to Modulate customers and for our legitimate interests and business purposes in tuning, maintaining, enhancing, and developing Software. A small percentage of audio recordings received by Modulate, which may include personal data, are reviewed by human reviewers for enhancing delivery of the service to Modulate’s corporate customers and for Modulate’s Software maintenance and improvement efforts. We do not use this data for marketing purposes; and we never sell or transfer your data to third parties for their own uses except to assist our corporate customers.

The Software Usage Data we collect may be subject to automated processing tools, including artificial intelligence tools, to estimate an individual’s age and the gender they would likely be perceived as based on their voice for purposes of prioritizing events within our Software and predicting the emotional character or context of speech in order to enable human decision makers to determine how to respond to the speech.

We do not sell your personal information.
Modulate does not sell your personal information. However, we may share certain personal information for our own business purposes. If we share your personal data (including Software Usage Data) with our affiliated companies or with vendors acting on our behalf, we do so under binding agreements that require the other party to use and protect the personal data in accordance with the principles described in this Privacy Notice. These third parties are authorized to use your personal data only as necessary to provide services to us.

We may also share Personal Data in the following situations:‍

With our affiliates and subsidiaries and with vendors acting on our behalf to perform services for Modulate for a specific business purpose, support the delivery of Software, our website, or business operations; with the customer on whose behalf and at whose direction we are processing the data; and when we have your consent to use your personal data for a specific purpose.
We may share personal data with our affiliates, subsidiaries, vendors acting on our behalf to service our customers.

We may also share personal data (including Software Usage Data) to comply with law and legal process, to respond to governmental inquiries and lawful requests from by public authorities (including to meet national security or law enforcement requirements), and to protect the vital interests of Modulate or its customers. If Modulate enters any merger, acquisition, or asset sale of all or any part of its business, personal data held by Modulate may be transferred to a buyer or successor entity. In addition, in the event Modulate becomes the subject of an insolvency proceeding, such personal data will be transferred in a transaction approved by the court.

You can change your preferences to opt out of marketing communications at any time by clicking the unsubscribe link in any email communication from us. You may also do so by contacting us directly at privacy@modulate.ai . We will still keep your email address to confirm that we do not send you further marketing communications.

If you have submitted an employment application to Modulate you may contact us to request deletion of your data. After verifying your identity, we will respond to your request within a reasonable timeframe.

If you wish to access, correct, or request deletion your personal data, you may contact us privacy@modulate.ai. Because Modulate generally processes Software Usage Data on behalf of our corporate customers, we may ask you to direct your request to our customer on whose behalf the personal data is being processed and follow their instructions. We will make reasonable efforts to respond to your request within a reasonable timeframe. Modulate may refuse your request to access, request or delete personal data where entitled to do so under applicable law.

We transfer personal data that we collect to other Modulate affiliates or other companies performing support functions on our behalf (each as described above) based in countries outside the country where you reside, including the United States. Personal data that is transferred outside your country of residence may be subject to lawful access by courts, law enforcement and other governmental authorities in accordance with the laws of that foreign jurisdiction.

Whenever Modulate transfers personal information beyond the country of origin, we will do so in accordance with applicable laws. In the context of European, Swiss, or UK personal data, Modulate may transfer personal data to third countries such as to the United States. Modulate will ensure that importers of any personal data offer an adequate level of protection, whether through an adequacy decision or other appropriate safeguard. Where data is transferred to third parties, Modulate uses standard contractual clauses designed to ensure those third parties respect the confidentiality of personal data and use it only in connection with provision of specific services and in compliance with applicable data privacy laws.

With respect to personal data received or transferred, Modulate is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

We use a number of safeguards to protect the personal information submitted to us, both during transmission and once it is received. Modulate takes appropriate measures to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. Modulate restricts access to the personal information it collects to those who have a valid business need to know that information. Access to personal information is granted based on the minimum access required to fulfill the business need and purpose for which it is collected, used and shared.  

We retain personal data to the extent necessary to provide Software to our customers. Generally, we retain Software Usage Data for 30 days, unless otherwise required by applicable laws. Different retention of personal data may be necessary under contractual terms with the data controller for whom we provide services, for fraud prevention, to identify technical problems, or to resolve legal proceedings.

Before we use Software Usage Data for training, tuning, maintaining, enhancing, and developing Software purposes, we undertake an anonymization process that assigns a new random Modulate ID so that you cannot be identified from Software Usage Data. We retain this data for up to 10 years, after which it will be queued for deletion.

We may retain non-personally identifiable aggregate information indefinitely to help us improve and further develop our Software. When your personal data has been aggregated, it can no longer be attributed to a specific individual, meaning it is data that does not contain individual-level information that can be tied back to a specific person.

If a Modulate customer uses Modulate Software in a product or service that is likely to be accessed by children under 16, Modulate may receive audio or other personal data as part of the Software Usage Data we collect. This is a function of how Modulate’s Software operates, meaning that Modulate may indirectly receive children’s personal data if children use a third-party product with Modulate’s Software embedded. Modulate requires its customers to obtain any necessary consents to comply with relevant data protection laws, including the Children’s Online Privacy Protection Act, for the collection of such personal data.

Except as described above, Modulate does not offer products or services targeting children and does not knowingly collect personal data directly from children under the age of 16.  If we become aware that a child under the age of 16 has submitted personal data directly to Modulate except as described in the preceding paragraph, we will promptly delete the data.

You may have the right under applicable laws to:
-access your data;
-request that we correct data we hold about you; and
-ask for it to be deleted or destroyed.

Modulate never sells or transfers your data to third parties for the third party’s marketing purposes. You can request to stop receiving marketing communications from Modulate at any time without prejudice.

We may update this Privacy Notice from time to time by publishing an updated version on Modulate's website. Each updated version will include the date the Notice was last updated. Please review the latest version of this Privacy Notice periodically to understand with Modulate’s use of personal data. Any material changes to the way Modulate collects, uses, or stores personal data will only apply to personal data collected after the revised Privacy Notice takes effect.

If you are a California resident, you have rights under the California Consumer Privacy Act of 2018 ("the CCPA"). Below is a description of those rights and disclosures about your personal data.

Categories of information we collect and disclose for a business purpose

We may collect the following categories of personal information, as defined in the CCPA, from you in connection with the Modulate Software. In addition, during the past twelve months, we may have disclosed these categories of personal information for a business purpose:

Identifiers, such as your real name, alias, postal address, unique personal identifier, online identifier, city location, email address, account name, and other similar identifiers.

Personal information categories listed in the California Customer Records provisions, including telephone number, and payment information, such as your credit card number.

Commercial information, such as the record of Modulate products or services purchased or considered.

Internet or other electronic network activity information, such as session logs.

Audio and video information such as voice and video recordings.

Professional or employment-related information for applicants, employees and their dependents and beneficiaries.

Inferences drawn from any of the above information to create a profile reflecting your preferences, characteristics, behavior, abilities, and aptitudes.

Additional disclosures about your personal information

This Notice provides additional disclosures about your personal information as required by the CCPA. You can refer to the following sections to learn more about the sources of personal information we collect, the business or commercial purposes for which we use personal information, and the categories of third parties with whom we share personal information.

Your Rights and Choices

In addition to the above, the CCPA provides you with specific rights regarding your personal information. This section describes your CCPA rights and explains how to exercise those rights. Please note that where you are the end user of software that embeds the Modulate Service, we act as a service provider, and therefore we may deny your request and ask you to submit your request directly to the software provider.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and verify your identity, we will disclose to you:

      The categories of personal information we collected about you.

      The categories of sources for the personal information we collected about you.

      Our business or commercial purpose for collecting or selling that personal information.

      The categories of third parties with whom we share that personal information.

      The specific pieces of personal information we collected about you (also called a data portability request).

      If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

      sales, identifying the personal information categories that each category of recipient purchased; and

      disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion or Correction Request Rights

You have the right to request that we delete or correct your personal information that we collected from you and retained, subject to certain exceptions. Once we receive your request and verify your identity, we will delete (and direct our service providers to delete) or correct, as applicable, your personal information from our records, unless an exception applies.

Non-discrimination
We will not discriminate against you for exercising any of your CCPA rights.

Exercising Your Rights
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

You can exercise any of the rights listed above, or write to us with any complaints, at any time by contacting us, specifying the nature of your request, at: privacy@modulate.ai . Alternatively, you may contact us at:

Chief Privacy Officer
Modulate, Inc.
212 Elm St, Suite 300
Somerville, MA 02144


This Privacy Notice was last updated: 1/4/2023