PRIVACY POLICY

This Privacy Policy (“Policy”) describes the personal data that Modulate collects, how we use it, and how we share it to interact with you, deliver our products and services, and conduct our business operations. This Notice applies to Modulate, Inc., its affiliates and subsidiaries worldwide (“Modulate,” “we,” or “us”), covering services under our control, including the website(s) we maintain (e.g., https://www.modulate.ai/), the social media pages and servers we operate, as well as any other services where you might interact with us (collectively "Services").This Policy is made available prior to your use of the Services. By using the Services, you acknowledge that you have had an opportunity to read this Policy and understand that we will process your personal data in the manners provided in this Policy. This Policy is comprised of a series of documents that govern your use of our Services, including our Terms & Conditions (“Terms”) for Corporate Customers. If you do not agree with our Policies or Terms, you should not use and are not authorized to use our Services.Your privacy is not a tradeable asset to us. We do not sell personal data, and we’re not in the business of data monetization or otherwise profiting off your data. However, certain modern operations, like troubleshooting, completing transactions, and improving our Services, do require certain personal data from you and the third parties involved. Our data collection practices adhere to global data protection regulations and are secured to the highest standards of protection. We ensure that any personal data collected is handled with the utmost care and used solely for the purposes necessary to provide and enhance our Services.

For any specific inquiries or concerns, please reach out to us at privacy@modulate.ai or via phone at 385-274-7474. For information specific to children's data, jump to here.

I. Our Roles

Modulate functions in both capacities of a Data Processor and a Data Controller, managing personal data, device data, and other data we may receive (collectively, your “personal data”) depending on the nature of interaction with our Services.

A. Data Processor

As a Data Processor, Modulate processes personal data on behalf of its Corporate Customers, such as game studios and other platforms, following their specified instructions to provide services through our proprietary software “ToxMod”. This role focuses on supporting our content moderation services through data processing activities determined by these customers. The personal data shared with Modulate through ToxMod is typically limited and includes:

• Voice Data: Processing voice data for content moderation services, where data minimization techniques are employed to limit the audio collected as much as possible without impacting the effectiveness of our content moderation services.
• Partially Anonymized Data: Handling data such as partially anonymized IP addresses (with the last octet zeroed out) to support geolocation for moderation purposes.

Modulate processes this data without making decisions regarding the objectives or methods of data use, strictly adhering to the instructions provided by our Corporate Customers. For more information on how ToxMod handles data, see our Privacy and Data Management FAQs available at https://www.modulate.ai/privacy-and-data.

B. Data Controller

Modulate acts as a Data Controller when it determines the purposes and means of processing personal data. This role applies to interactions made directly to us, when we engage in marketing, or make service improvements, including decisions on data collection, use, security, and storage, in compliance with applicable privacy legislation. Because we provide our content moderation service, ToxMod exclusively to our Corporate Customers, we are never operating as a data controller when we process user data on their behalf.  Examples where we act as a Data Controller include:

• Direct Interactions: When users directly interact with Modulate's website or services, such as signing up for newsletters, requesting information, or applying for jobs.
• Marketing Communications: When Modulate collects and uses data for its marketing purposes, such as email campaigns or targeted advertising, independently of third-party platforms.
• Service Improvements: When using aggregated and anonymized data to enhance and develop Modulate's services.

Understanding our dual roles is important for you to know how and when you can exercise your privacy rights.

• As a Data Processor: Your rights in relation to the data processed on behalf of our customers should be directed to the respective data controllers (e.g., game studios using Modulate's services). Modulate processes this data strictly according to the customers' instructions and does not make independent decisions about the data.
• As a Data Controller: Modulate directly manages how personal data is used, allowing you to exercise your rights with us directly, such as requesting access to, correction, or deletion of your personal data.

II. Personal Data We Collect

Modulate collects personal data when we deliver our products and Services, conduct marketing, and run our business operations.

A. Age Requirements

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 all 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.

B. Data Categories

Collected personal data varies based upon how you use our Services. Generally, we have collected the following data over the prior 12 months:

• Identifiers / Contact Data. Name, alias, postal address, email address, unique personal identifier, city location, account name, and device identifiers.
• Protected Characteristics. Age and gender estimations.
• Commercial Data. Purchase and usage history, preferences, shipping preferences and history, and service survey responses.
• Billing Data. Payment data (credit/debit card data) and billing address.
• Internet / Electronic Activity. Web and app browsing data, service interactions, details about the platforms utilized including engagement data with content (e.g., likes, follows, comments), subscription data, community engagement data, interactions with advertisements, and session logs.
• Device and Usage Data. Device type, software and hardware details, language settings, browser type and version, operating system, data about how users use and interact with the services (e.g., content viewed, pages visited, clicks, scrolls), and partially anonymized IP addresses (with the last octet zeroed out).
• Audio / Visual Data. Voice recordings.
• Sensitive Data. Contents of communications via moderation features.
• Coarse-Grained Geolocation Data. Inferred geographic location data derived from your partially anonymized (last octet zeroed out) IP address.
• Professional or Employment-Related Data. Employment history, resumes, background check information (where applicable), and information about dependents and beneficiaries (for employees).

III. Data Sources

The way we obtain personal data depends on how you use the Services. For example, we collect personal data:

• When you provide data directly to us, such as when you set up an account, sign up for marketing, or contact us.
• From specific third parties, such as when you access our Services with third-party accounts.
• Automatically, including through cookies and similar tracking technologies.

A. Directly From You

You provide us with personal data when you use the Services, such as when you:

• Use our Services;
• Subscribe to marketing communications;
• Comment on our message boards, forums, chat rooms, feeds, sites, or other Services;
• Purchase our products or Services;
• Contact us for support or other purposes;
• Use our email or share features;
• Participate in events, giveaways, contests, promotions, or surveys;
• Participate in an activity where you provide your data;
• Apply for a job with us; or
• Partner with us in a shared business, promotion, or charity.

We may also collect personal data in the following situations:

Corporate Customers. 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. 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.Customers, Prospective Customers, or Website Visitors. 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.Job Applicants. 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.

B. From Third Parties

We collect data when you access our Services using third-party platform accounts, such as interacting with us through your social networking accounts or playing games maintained by our Corporate Customers that utilize ToxMod. When you access our Services in this way, the associated third-parties provide us with data about you. For example, depending on your use of, or activity on, the third-party platform, we may receive your voice data, in-game behavior data, account information, and any other data necessary to provide our Services. The third-party platform may allow you to control what data is provided to us. We are not responsible for the terms, policies, disclosures, or actions of any third-party platforms.We may collect publicly available data, including from social media, to protect our users, employees, facilities, and services, and to aid investigations. We also receive data from other individuals who use our Services. This may include data about you if you are mentioned in comments on the Services or if an individual sends us a direct message.

C. Automatically

1. From Your Device

When you use the Services, we automatically receive data about your experience. This includes device and usage data, gameplay data, log data, and location data.

• Device and Usage Data: We may collect device and usage data, such as your IP address, device type, operating system, browser type, and usage data.
• Log Data: We may collect log data, including details of how you used our Services, device data, and any events that occur in relation to your use of our Services to help us improve our Services and diagnose and fix any issues that may arise.
• Location Data: We may collect your location data if you grant us permission to access this data through your device settings. This data is used to provide you with location-based services, such as showing you relevant content, or ads based on your location.

2. From Cookies and Similar Technologies

We may use cookies, web beacons, pixel tags, Flash cookies, Internet log files, software development kits, and similar tracking technologies to improve and maintain the functionality of our Services, enhance security and fraud prevention, and provide you with targeted advertising. Our system may not respond to Do Not Track (“DNT”) requests or headers from some or all browsers.When you first visit our website, you will see a cookie banner that allows you to provide consent for the use of cookies. Your consent preferences are captured and stored, ensuring compliance with applicable data protection regulations.There are several types of cookies that may be used on our website:

• Strictly Necessary Cookies: These cookies are necessary for the website to function properly and cannot be disabled. They are used to remember your preferences, login details, and other settings to provide you with a seamless browsing experience.
• Performance Cookies: These cookies may collect data about how you use our website, such as which pages you visit most often. This data is used to improve the performance of our website and make it more user-friendly.
• Functional Cookies: These cookies are used to remember your preferences and settings, such as your language preference or your choice of theme. They help enhance your experience by providing personalized and relevant content.
• Targeting Cookies: These cookies collect information about your browsing habits to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an ad and to help measure the effectiveness of advertising campaigns.
• Social Media Cookies: These cookies allow you to share content on social media platforms and track your engagement with our content on those platforms.

We use cookies on our website to improve your browsing experience and to personalize the content and ads that are displayed to you, to analyze how you use our website, and to track your browsing behavior. We use cookies primarily when you visit our website(s) or interact with our online content. We do not use cookies while providing our Services to Corporate Customers.Our third-party partners may also collect this data when you use other websites or applications that integrate with our Services. We may collect this data in accordance with applicable laws and regulations, and it is used solely for the purposes described in this Privacy Policy.You can control your cookie settings through your web browser. Most web browsers allow you to control the types of cookies that are set on your device, and to delete cookies that have already been set. However, disabling certain types of cookies may affect your browsing experience on our website, potentially limiting the functionality and personalization available to you. Refer to Section IX. YOUR CONTROLS, for additional data about our use of cookies and similar technologies and your ability to manage cookies.

IV. Data Processing

We use personal data collected from our Services to provide, maintain, and improve our Services, to develop new Services and offerings, and to protect us and our users.

A. Purposes

1. Business Purposes

Modulate uses your personal data to support and enhance the delivery of our Services. This includes:

• Responding to your inquiries, fulfilling service requests, and maintaining open communication.
• Personalizing your experiences, such as remembering preferences and settings, and facilitating connections with other users and third-party platforms.
• Providing technical support and addressing service-related issues.
• Analyzing service usage to inform the development of new products and improve existing Services.
• Conducting internal reviews, marketing studies, and demographic analyses to guide business decisions.
• Ensuring the security and integrity of our Services by preventing fraud, policy violations, and managing risk exposure.
• Interacting with third-party platforms on your behalf, as authorized through the Services.
• Engaging in processing activities as explicitly agreed upon by you or as notified at the point of data collection.
• Complying with applicable legal requirements and enforcing our Terms of Service.

2. Commercial Purposes

For commercial purposes, we use personal data to:

• Deliver personalized content, promotions, and advertisements to users across various platforms and channels, including email, text messages, and social media, either directly or through our third-party partners.
• Inform users about new Services, updates, and promotional offers.
• Administer promotional events such as rewards programs, surveys, and contests in collaboration with us or our third-party partners.

B. Specific Use Cases

1. General Business Operations

• Corporate Customers. We use contact information to market, sell, and service Modulate Software, subject to your consent where required by law. You may opt out of receiving marketing or promotional communications from Modulate at any time, without prejudice, by clicking the embedded email link or contacting us directly at privacy@modulate.ai.
  
  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 personal 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).
• Job Applicants. 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.

2. Indirect Data Collection

• Modulate Software End Users. We provide voice processing Software to our Corporate Customers, and we may collect personal data processed in that Software when you interact with our customer’s products, including audio 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 the appropriate means and mechanisms in accordance with global data protection regulations.
• Marketing Communications Recipients. 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.
• Job Applicants. 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.

3. 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 our Corporate Customers on a contractual basis 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 personal data for marketing purposes; and we never sell or transfer your personal data to third parties for their own uses except as necessary to perform our contractual obligations to 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.

C. Legal Basis

For users in jurisdictions requiring a clear legal basis for data processing:

• We process personal data to fulfill our contractual obligations, provide requested Services.
• Information processing is carried out in compliance with legal obligations.
• We pursue legitimate interests or those of our partners to enhance our offerings, understand user preferences, perform marketing activities (where consent is not required), support our operations, and enforce our policies.
• To protect the vital interests of users or others where necessary.
• With explicit user consent for specific processing activities, including marketing communications and integration with third-party services.

V. Data Sharing

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 as detailed further in the section below. 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 Policy. These third parties are authorized to use your personal data only as necessary to provide services to us.

A. Categories of Third-Parties

We disclose your personal data for business and commercial purposes to the following categories of third parties:

• Authorized Representatives. Individuals or entities authorized by you to act on your behalf, including but not limited to, legal advisors, agents, or other representatives managing transactions, disputes, or legal matters.
• Service Providers. External organizations that provide essential services on our behalf, including but not limited to, web hosting, data analytics, payment processing, customer support, email distribution, and marketing efforts.
• Advertising and Analytics Partners. Third-party advertisers and analytics providers that collect information to serve targeted advertising and to furnish Modulate with analytical insights concerning usage and user preferences for services such as our website and newsletter.
• Legal and Regulatory Authorities. When required by law or to protect our rights and safety, personal data may be shared with law enforcement, regulatory agencies, or other governmental bodies.

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 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 personal 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 provide services 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.

B. Data Transfers

We store and process your personal data in the United States. We'll keep your personal data for as long as necessary to provide you with the Services, fulfill our legal obligations, and/or exercise, defend or establish our rights.When you access our Services, including when available on third-party platforms, your personal data is generally collected by us directly and processed in the United States. Personal data we may collect may be subsequently stored and processed for the purposes set out in this Privacy Policy in the United States or any other country in which we, our subsidiaries, or third-party agents operate. 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 personal 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 are committed to partnering with entities that uphold robust privacy practices. However, our Privacy Policy does not cover third-party services or products linked from our Services. We do not oversee the privacy policies or settings of third-party sites, including Community Platforms or Service Providers. For further information, please see Section IX. YOUR CONTROLS for the relevant privacy policies for each third-party we work with.

VI. DATA Retention

We retain personal data to the extent necessary to provide Software to our customers. Generally, we retain Software Usage Data for 35 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.

1. Retention Periods

• Software Usage Data. Retained for 35 days, unless otherwise required by applicable laws.
• Anonymized Data. 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 no single individual can be identified from Software Usage Data. We retain this data for up to 10 years, after which it will be queued for deletion.
• Non-Personally Identifiable Aggregated Data. Retained 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 individual.

2. Destruction Guidlelines

• Voice Data. Voice Data, including voice data used for moderation, will be permanently destroyed at the end of the retention period unless required to be retained longer by law or for legal proceedings. The destruction process includes deleting the data from all active and backup storage systems to ensure it cannot be recovered.
• Anonymized Data. Anonymized data retained for up to 10 years will be systematically reviewed and permanently deleted from our systems once it reaches the end of the retention period.

VII. Data Security

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.Despite our best efforts, no security measure is entirely foolproof. We cannot guarantee the security of your personal data, and we cannot be responsible for unauthorized access to or theft, alteration, or destruction of your personal data. If we become aware of a data breach that affects your personal data, we will notify you as required by applicable law. We will also take appropriate measures to mitigate the impact of the breach and prevent future occurrences.

VIII. Your Rights

We believe that respecting your privacy and providing you with control over your personal data is fundamental to our relationship with you. We understand that you have a right to make choices about how your information is used and shared. You may have the right under applicable laws to:

• Access your data. If you request access to your data, we’ll confirm whether we’re processing your personal data and, if so, provide you with a copy of that personal data (along with certain other details). If you require additional copies, we may need to charge a reasonable fee. As Modulate processes anonymized or de-identified data, direct access requests will be limited to the data relevant to the services provided, to ensure user privacy is maintained.
• Correct your data. If the personal data we hold about you is inaccurate or incomplete, you’re entitled to have it rectified. Given that we primarily handle anonymized data, requests for correction will be evaluated based on the data we process. Identifiable corrections may not be applicable, but we ensure data accuracy to the extent possible within our Services.
• Delete or destroy your data. You can request deletion or removal of your personal data in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable).
• Restrict or object to certain processing of your data. You restrict or suppress the processing of your personal data in certain circumstances such as where you contest the accuracy of that personal data or you object to us processing it. However, we will continue to retain such data as necessary to provide our services or for our legitimate interests and business purposes.
  
  You can ask us to stop processing your personal data, and we will do so, if we are: (a) relying on our own or someone else’s legitimate interests to process your personal data, except if we can demonstrate compelling legal grounds for the processing; or (b) processing your personal data for direct marketing.
  
  With Modulate's use of anonymized data, the processing objection is primarily focused on the operational data necessary for service delivery. We will explain the minimal privacy impact due to the lack of identifiable information.
• Transfer your data elsewhere. You have the right, in certain circumstances, to obtain personal data you’ve provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice. Anonymized data used by Modulate is typically not transferable in a personal context. We ensure that any data transfers comply with privacy laws and maintain the anonymity of user information.
• Opt-out of automated decision-making and profiling on your data. You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us. Our automated processing focuses on anonymized data to enhance service quality. Opt-out requests will be evaluated within the context of maintaining service effectiveness and user privacy.

A. Exercising Your Rights

At Modulate, we prioritize your privacy and provide you with the means to exercise your rights regarding your personal data. Below is a detailed guide on how you can exercise these rights:

• Access, Correct, or Delete Personal Data. To access, correct, or request deletion your personal data, email us privacy@modulate.ai. Because we generally process Software Usage Data on behalf of our Corporate Customers, we may direct you to contact the customer who controls the data. Please review their respective privacy policy for specific instructions. We will make reasonable efforts to respond to your request within 30 days.
• Modulate may refuse your request to access, request or delete personal data where entitled to do so under applicable law. This includes scenarios where fulfilling the request would infringe on the rights and freedoms of others or if the request is manifestly unfounded or excessive.
• Opt-Out of Sale or Sharing Personal Data. Modulate never sells or transfers your personal 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. To opt out of the sale or sharing of your personal data, please refer to the opt-out options identified in Section IX.B. OPT-OUTS. We will not discriminate against you for exercising any of these rights.
• Deletion of Employment Applications. If you have submitted an employment application to Modulate, you may contact us to request deletion of your personal data. After verifying your identity, we will respond to your request within 30 days.
• Authorized Agents. You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you've authorized them to act on your behalf or must demonstrate they have power of attorney pursuant to applicable probate law. We retain the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent's identity.
• Verifiable Requests. You may make a verifiable request for access or data portability twice within a 12-month period. When drafting your request, please provide sufficient information to verify your identity or that of an authorized representative. Describe your request with sufficient detail for proper understanding, evaluation, and response.

IX. Your Controls

A. Third-Party Controls

Our Services integrate with various third-party accounts and platforms, primarily Community Platforms and Service Providers. You can customize your privacy settings within your account settings on these platforms to control the personal data that is shared with us. We encourage you to review the privacy policies and settings of these third-party accounts and platforms.You can review their policies at the links below:

Community Platforms

• X / Twitter: X / Twitter Terms and Conditions (https://twitter.com/en/tos); X / Twitter Privacy Policy (https://twitter.com/en/privacy)
• LinkedIn: LinkedIn User Agreement (https://www.linkedin.com/legal/user-agreement); LinkedIn Privacy Policy (https://www.linkedin.com/legal/privacy-policy)
• Google (YouTube): YouTube Terms of Service (https://www.youtube.com/t/terms); YouTube Privacy Policy (https://policies.google.com/privacy)

Service Providers

• Amazon Web Services (AWS): AWS Customer Agreement (https://aws.amazon.com/agreement/); AWS Privacy Notice (https://aws.amazon.com/privacy/)
• Google (AdSense / Analytics): Google AdSense Terms of Service (https://www.google.com/adsense/new/localized-terms); Google Analytics Terms of Service (https://marketingplatform.google.com/about/analytics/terms/us/); Google Privacy Policy (https://policies.google.com/privacy)
• HubSpot: HubSpot Terms of Service (https://legal.hubspot.com/terms-of-service); HubSpot Privacy Policy (https://legal.hubspot.com/privacy-policy)

B. Opt-Outs

1. Email Communications

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 retain your email address to confirm that we do not send you further marketing communications and to keep you updated on any critical policy or service changes. Please note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you non-promotional communications regarding us and our Services regarding our Services or updates to our Terms or this Privacy Policy.

2. Advertising

If you prefer not to receive marketing messages or sponsored content, please contact us at privacy@modulate.ai and we will ensure your preferences are updated accordingly.Some third-party Services we use may offer opt-out options to their data collection practices. You can find more information about how to opt-out of these Services by visiting the following links:

• Google: Google Analytics Opt-Out (https://tools.google.com/dlpage/gaoptout)
• Facebook: Facebook Pixel Ads Preferences (https://www.facebook.com/ads/preferences/)
• X / Twitter: X / Twitter Personalization Settings (https://twitter.com/personalization)

3. Sale or Sharing of Personal Data

To opt out of the sale or sharing of your personal data, please contact us at privacy@modulate.ai, and include “Do Not Sell or Share My Personal Data” in the subject line. Upon receiving your request, we will process it promptly and ensure that your personal data is not sold or shared with third parties for any purpose. You will receive a confirmation email once your opt-out request has been processed.

X. GENERAL PROVISIONS

A. Changes To This Privacy Notice

We may update this Policy 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 Policy 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 Policy takes effect.

B. Contact Us

If you have questions about this Policy or our privacy practices, please contact our Information Protection Team at privacy@modulate.ai.

B. Contact A Data Protection Authority (DPA)

If you have a concern about how we may collect and use personal data, please contact us. You also have the right to contact your local Data Protection Authority (“DPA”) if you prefer. To contact your local DPA, refer to the links below:

• EEA - DPA Directory (https://edpb.europa.eu/about-edpb/about-edpb/members_en)
• UK - Information Commissioner’s Office (ICO) (https://ico.org.uk/global/contact-us/)
• Canada - Office of the Privacy Commissioner (OPC) (https://www.priv.gc.ca/en/privacy-topics/information-and-advice-for-individuals/reporting-concerns-and-filing-complaints/)

Where appropriate, your local DPA may also forward the matter to the Department of Commerce or FTC for consideration.