KEY DIGITAL STRATEGIES PRIVACY POLICY

June 2023

1. INTRODUCTION

1. PURPOSE OF THIS POLICY. 

Key Digital Strategies is a Texas limited liability company, whose General Manager is Unlocked Strategies a Delaware, LLC.   (Key Digital Strategies, together with our affiliates, as applicable, are hereafter referred to as “us,” “we,” “our” or “KDS,” and our website, together with our online platforms and mobile applications, including their features, products and services, are individually and collectively referred to as the “Site.” By accessing and using the Site, you explicitly accept, without limitation or qualification, the collection, use and transfer of the Personal Information (as defined in Section 2.1(a) below) provided by you in the manner described in this policy (“Privacy Policy”). Please read the Privacy Policy carefully, as it affects your rights and liabilities under the law. If you disagree with the way we collect and process Personal Information, please do not use the Site.

1.  OUR COMMITMENT.

KDS respects the privacy rights of users of our Site (hereinafter referred to as “user,” “you” or “your”), including any person who: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to third-party rewards-related resources and other information and/or (ii) blog posts, texts, video and/or other information pertaining to rewards-related products and/or services made available on the Site; (c) accesses the comments sections associated with the blog posts and/or other interactive features made available on the Site; and/or (d) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, KDS and/or our third-party product and/or service providers and online aggregators.

We are committed to transparency about data we hold and have designed this Privacy Policy to help the user understand the types of information we collect, how it is used, with whom it is shared, and the choices you have regarding the storage, deletion, transfer, and disclosure of personal information relating to you.

1.   SCOPE. 

This Privacy Policy answers the following questions:

• What information do we collect about you and how do we collect it?
• How do we use your personal information, and do we share it with others?
• What choices do you have about the collection and use of your personal information?
• What security measures do we take to safeguard your personal information?

2. INFORMATION COLLECTION PRACTICES

2.1.  WHAT INFORMATION DO WE COLLECT?

(a) PERSONAL INFORMATION.  In operating the Site, we collect information that can be used to identify or contact the user (“Personal Information”), which includes information that falls within some or all of the following categories:

1. Identifiers, such as a user’s real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, telephone number, or other similar identifiers.
2. Personal Information (including, for Califorina users, categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name, signature, Social Security number, physical characteristics or description, postal address, telephone number, passport number, driver’s license or State identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
3. Characteristics of Protected Classifications and other Demographic Information (including, for California users, classification characteristics under California and federal law), such as age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, pregnancy, medical condition, physical or mental disability, sex, gender, veteran or military status, genetic information (including familial genetic information).
4. Commercial Information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
5. Biometric Information, such as genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data;
6. Internet or Other Electronic Network Activity, including browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement;
7. Geolocation Data, such as physical location or movements.
8. Sensory Data, such as audio, electronic, visual, thermal, olfactory, or similar information;
9. Professional or Employment-Related Information, such as current or past job history or performance evaluations;
10. 10.Non-Public Education Information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)), education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records; and
11. Inferences Drawn from Personal Information, such as those reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

(b) ADDITIONAL INFORMATION

1. Survey Data, such as information, feedback, or content you choose to provide when you participate in a survey conducted by us or another organization;
2. Traffic Data, defined as anonymous “traffic data” that does not personally identify you, but which may be helpful for marketing purposes or for improving your experience on the Site; and
3. Cookie Data, includinginformation that allows us to recognize your browser and store a small piece of data on your computer or device about your visit to our Site. We do not set any personally identifiable information in cookies. (For information on how this information is used, please refer to Section 3.3(c) below. If you do not wish to accept cookies, you may change the setting on your browser.  However, if you choose to disable this function, your experience at the Site may be diminished, and some features may not work as they were intended. For instance, without cookies you may not be able to receive information or resources that are specifically relevant to you.)  

2.2.  HOW DO WE COLLECT THE INFORMATION?

1. Your use of the Site:
2. In operating the Site, we may request or invite user registration and logins, invite participation in online surveys, and provide various other online forms that invite users to provide certain Personal Information.  
3. If you communicate with us by e-mail or other means, any Personal Information provided in such communications, including attachments, may be collected by us.  
4. Our servers automatically collect certain types of Personal Information relating to your interactions with the Site. 

1. Third-Party Sources: 

1. In accordance with applicable law, we collect Personal Information from publicly available sources, including, but not limited to, government agencies; for example, we may collect Personal Information from voter files. 
2. We also collect data from business partners and affiliates (including, but not limited to, social media platforms/accounts) with whom you interact or who may collect your Personal Information through, among other methods, first-party cookies, third-party cookies, anonymous cookies, persistent identifiers, email opt-ins, and search-engine key words; for example, we may collect Personal Information from surveys conducted by business partners. We do not have access or control over cookies and tracking devices used by third parties. We have no responsibility or liability for the policies and practices of such third parties and encourage you to review their policies on their websites.

3. USE AND SHARING OF COLLECTED INFORMATION

3.1. HOW DO WE USE YOUR PERSONAL INFORMATION?

(a) BUSINESS AND COMMERCIAL PURPOSES. We may use your Personal Information for certain business and commercial purposes, including, but not limited to:

1. Auditing related to current interaction and concurrent transactions to enable us to customize and tailor your experience by delivering targeted resources, advertisements, and other content, including by third-party providers, specific to your interests.
2. Analyzing and creating data sets by combining the Personal Information we collect about you.
3. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
4. Debugging to identify and repair errors that impair existing intended functionality.
5. Maintaining or servicing accounts, carrying out our obligations to you, processing donations or other transactions, verifying your information, communicating offers or information by our affiliates and other third parties, providing resources, services or content you request, answering your questions, and facilitating various other services or communications.
6. Undertaking internal research for technological development and demonstration.
7. Undertaking activities to verify or maintain the quality of a service provided, and to improve, upgrade, or enhance our services.
8. Serving purposes otherwise permitted by applicable law.

(b) ON OUR SITE.  We may display your Personal Information in your profile page and elsewhere on the Site according to the preferences you set in your account.  Any information you choose to provide should reflect how much you want others to know about you.  Please consider carefully what information you disclose in your profile page and your desired level of anonymity.  We may also share or disclose your information if, for example, you use a third-party application to access your account.  Through certain features of the Site, you may also have the ability to make some of your information public.  Public information may be broadly and quickly disseminated.

(c) SWEEPSTAKES, CONTESTS, AND PROMOTIONS. If you opt to participate in sweepstakes, contests or other promotions (any, a “Promotion”), you agree to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your Personal Information, such as name, voice, likeness or other recognizable aspect of persona in advertising, promotions or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

(d) In addition, we may use your Personal Information in the following ways:

(1) Significant Announcements. If you are a registered user of the Site, we may use your registered name and e-mail address information to inform you via e-mail message of any significant changes to the Site or KDS, to any user account you may create, or other significant information that may affect your use of the Site. We may also communicate with you about privacy, security or administrative issues relating to your use of the Site. You cannot opt-out of these kinds of e-mail messages.

(2) Mobile Communications. If you choose to opt in, we may also use your mobile phone number information that you provide on the Site to send you information about various promotions and other types of offers from us. Any text messaging originator opt-in data and consent will not be shared with any third parties.

(3) Push Communications. If you choose to opt in, we may use, and you are providing your consent to receive, browser notifications to send you information about various promotions and other types of offers.

You may opt out of these types of communications by un-checking the appropriate email announcement boxes during registration, by changing your user account, or by emailing us at the address provided in this Privacy Policy. In addition, you will have regular opportunities to opt out of receiving such information from us by following the unsubscribe instructions in email messages or mobile communications we may send to you.

3.2.  HOW DO WE SHARE YOUR PERSONAL INFORMATION?

(a) AUTHORIZATION TO SELL OR SHARE WITH THIRD PARTIES. By submitting your Personal Information by and through the Site offerings, you agree that we may share, sell, rent, lease or otherwise provide that Personal Information to any third party for any purpose permitted by law (including, but not limited to, the purposes delineated in this section below), and we may work with other businesses to bring selected third-party offers to you. These businesses and third-parties may include, but are not limited to: (1) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (2) internet, mobile and e-mail marketers; (3) telemarketers (where permitted by applicable law); and (4) direct marketers. Your email will only be shared with our preferred mailing partners for the purpose of sending 3rd party promotional email communications.

You have the right, at any time, to opt out of the sale of your Personal Information to third parties by clicking on the link posted on the Site or the one here labeled “Do Not Sell My Personal Information.”

(b) REQUESTS. We may share your Personal Information with third-party service providers that you request to be contacted by. These third-party service providers may use your Personal Information to offer you products and/or services, and for any other lawful purposes, subject to any restrictions contained herein. The information you supply directly to any third-party service provider shall be governed by the applicable third-party service provider’s privacy policy.

(c) INQUIRIES. By submitting your Personal Information by and through the Site offerings, and thereby providing your permission, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule“) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

(d) PRIOR EXPRESS CONSENT. Where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA“), you consent to receive telephone calls from us or our designated third-party service providers, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) you provided. Please note that you are not required to provide this consent in order to obtain access to the Site offerings, and your consent simply allows us and our designated third-party service providers, as applicable, to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason, you agree that you shall promptly notify us of the change by using one of the methods set forth in the “Contact Us” section below.

(e) PROCESSING. We may use an outside shipping company to ship orders, a credit card company or payment processor to process payments for products and services, and other business partners to perform core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site. Any of these various third parties may be authorized to use your Personal Information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. We authorize these third parties to only access and use your Personal Information to perform their functions.

(f) COMPLIANCE. You hereby consent to the disclosure of any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.

(g) LEGAL PURPOSES. We may disclose Personal Information and information concerning your use of the Site if required to do so by law or in the good-faith belief that such action is necessary (1) to conform to the edicts of the law or comply with legal process served on us or our parent entity, subsidiaries or affiliates (for example, pursuant to a statutory demand, subpoena, warrant or court order), (2) to protect and defend the rights or property of KDS or the users of the Site, (3) to protect against fraudulent, abusive or unlawful use of the Site, (4) to enforce any contract between you and KDS, or (5) to act under what KDS reasonably believes to be exigent circumstances to protect the safety of the public or users of the Site.

(h) OTHER BUSINESS AND COMMERCIAL PURPOSES. KDS may disclose Personal Information to third parties as reasonably necessary to accomplish the business and commercial purposes set forth in section 3.1(a) above.

(i) BUSINESS TRANSFERS. In order to accommodate changes in our business, we may merge with companies, or sell or buy companies or assets of companies, including the information collected through the Site. Upon acquisition of KDS, a line of business of KDS, or substantially all the assets of KDS, customer information will be one of the assets transferred to the acquirer. KDS reserves the right to disclose and transfer all information collected through the Site: (1) to a subsequent owner, co-owner or operator of the Site or applicable database; or (2) in connection with a corporate merger, consolidation, restructuring, the sale of certain of KDS ownership interests, assets, or both, or other  change, including, without limitation, during the course of any due diligence process. In addition, KDS may share the information collected through the Site with its parent entity, subsidiaries, and affiliates, primarily for business and operational purposes.  Should such an event occur, KDS will use reasonable means to notify you through a prominent notice on the Site.  By sharing your Personal Information with KDS, you are giving KDS consent to transfer your Personal Information to a third party in an asset transfer described here.

3.3. HOW DO THIRD PARTIES COLLECT AND USE YOUR INFORMATION?

Third parties collect and use information about you on or through our Site in the following way:

(a) ADVERTISERS. Advertising agencies, advertising networks, and other companies who place ads on our website may use their own cookies, Web beacons, and other technology, to collect information about you. We do not control the use of such technology and have no responsibility for the use of such technology to gather information about you.

(b) HYPERLINKS. Our website and email messages sometimes contain hypertext links to websites owned by third parties. We are not responsible for the privacy practices or the content of such other websites. These links are provided for your convenience and reference only. We do not operate or control any information, software, products, or services, available on these third- party websites. The inclusion of a link on our website does not imply any endorsement of the services, products or website, or its sponsoring organization.

(c) SCRIPTS. We use certain scripts provided by third-party service providers, such as, by way of example and not limitation, Lead Intelligence, Inc. d/b/a Jornaya (“Jornaya”), ActiveProspect, Inc. (including its TrustedForm service) and Mouseflow, Inc., to independently document users’ consent to be contacted, including those users’ “prior express consent” has been provided as required by the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”). These scripts are embedded on our website and collect the following information when users interact with the page(s) where the scripts are present: page URL, mouse movements and clicks, contact information inputted by the user, a snapshot of the page, including IP address of the user’s computer, time on the page, date and time that the script was loaded, as well as the date and time of the various user interactions with the page, and HTTP headers from the user’s browser. For more information about the data usage, retention and collection policies and practices of the above-referenced third-party service providers, please click on the links located below:

1. ActiveProspect Trusted Form Script. Privacy Policy: https://activeprospect.com/privacy-policy
2. Mouseflow’s Script. Privacy Policy: https://mouseflow.com/privacy/
3. Jornaya’s Script. Privacy Policy: https://www.jornaya.com/consumer-privacy-policy/

(d) ANALYTICS. As described above, we use third parties to monitor, analyze and report on the traffic to, from, and within our Site and email messages.

(e) INTERACTIVE SERVICES. If you engage in any interaction with KDS, other users, or any third party via accessing the comments sections associated with blog posts or other interactive features made available on the Site (“Interactive Services”), the Personal Information you submit via the Interactive Services can be read, collected and used by other users of these services, and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire. We are not responsible for the Personal Information you choose to submit via the Interactive Services.

3.4 WHAT DO WE DO WITH OTHER COLLECTED INFORMATION?

(a) ANONYMOUS INFORMATION. We use anonymous information to analyze our Site traffic and usage information, record transactions, and gather demographic information, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses and unique identifiers to help diagnose problems with our server, to administer the Site, or to display content according to your preferences.

(b) DE-PERSONALIZATION.  We may make your Personal Information non-personally identifiable by either combining it with information about other users (aggregating your Personal Information with information about other users), or by removing characteristics (such as your name, signature, electronic signature, address or email address) that make the information personally identifiable.  This process is known as de-personalizing your information.  You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your Personal Information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect on the Site.

(c) COOKIES. We may use cookies to: (1) deliver content specific to your interests; (2) save your password so you don’t have to re-enter it each time you visit the Site; (3) help us remember and process requests and items in your shopping cart; (4) measure the effectiveness of the Site, our various offers, products, resources, services, and advertising; (5) keep track of campaigns, promotions and advertising; (6) improve navigation and other features of the Site; (7) promote trust and safety on the Site; or (8) provide features and services that are available only through the use of cookies.

(d) BEHAVIORAL TRACKING/ADVERTISING. We, as well as third-party entities, use cookies, pixels and other tracking technology (collectively, “Tracking Technology”) in connection with the Site for purposes of tracking user activities (such as websites visited, advertisements selected and pages viewed) after they leave the Site. We and our third-party partners use this Tracking Technology to target applicable users with advertisements featuring our products and services, as well as third-party products and services, that may be of interest to applicable users.

Without limiting the foregoing, we utilize the third-party services of Jornaya and ActiveProspect, Inc. (including its TrustedForm service) to record Site visits from users, track the Site activity of such users and to confirm, among other things, that user “prior express consent” has
been provided as required by the TCPA. For further details, please see Jornaya’s
privacy policy by clicking here and/or ActiveProspect, Inc.’s privacy policy by clicking here.

In addition, we may use a third-party service to better understand our users’ needs and to optimize our offerings by helping us better understand our users’ Site-related experience (e.g. how much time they spend on which Site pages, which links they choose to click on, what users do and do not like, etc.). This enables us to build and maintain our offerings with user feedback. These services use cookies and other technologies to collect data on our users’ behavior and their devices—in particular, the various devices’ IP addresses (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only) and preferred language used to display our website—and store this information in a pseudonymized user profile. Information collected pursuant to such services will never be used to identify individual users or to match this information with additional data on an individual user.

In general, you may be able to disable some, or all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. In addition, you may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance.

You can opt out from the creation of a user profile or from the storing of data about your usage of the Site and third-parties’ use of tracking cookies on other websites by submitting to the unsub form, located within the website.   

Further, users can opt out of certain Google®-related tracking technology and customize the Google® Display Network ads that they receive by visiting the Google® Ads Settings at: http://www.google.com/settings/ads. Google® also recommends installing the Google® Analytics Opt-out Browser Add-on for your web browser, which is available here: https://tools.google.com/dlpage/gaoptout. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third parties in connection with the Site.

Google® is a registered trademark of Google, Inc. (“Google”). Please be advised that KDS is not in any way affiliated with Google, nor are the Site Offerings endorsed, administered or sponsored by Google.

4. SECURITY

4.1. HANDLING OF DATA.

The Personal Information you provide to us is stored on servers that are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information.  In addition, KDS employees and agents who have access to your Personal Information are trained in the maintenance and security of that information.  However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the Site and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk.  Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

4.2. LOST OR STOLEN INFORMATION.

If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised in any way, you should immediately change your password.

4.3. NO REQUIREMENT TO PROVIDE INFORMATION TO USE THE SITE.

You acknowledge and agree that any information or content that you post to the Site is public, not private, and that you have no expectation of privacy with regard to such information and content. If you choose to make any of your personally identifiable or other information publicly available through or in connection with your use of the Site, you do so at your own risk. Because any information that you post to the Site may be seen and used by others, KDS encourages you not to disclose any personally identifiable information through your posts to the Site.

5. CALIFORNIA PRIVACY RIGHTS 

5.1. If you are a resident of California, the California Consumer Privacy Protection Act (“CCPA”) provides you with certain rights regarding your Personal Information.

(a) REQUEST FOR DISCLOSURE REGARDING PERSONAL INFORMATION.  You have the right to request and receive the following information, for the 12 months preceding the request:

1. the categories of Personal Information, as defined by the CCPA and set forth above in section 2.1.(a), that we collect;
2. the categories of Personal Information, as defined by the CCPA and set forth above in section 2.1.(a), that we share for a business purpose;
3. the categories of sources, as set forth above in section 2.2., from which the Personal Information has been collected; 
4. the business or commercial purposes, as set forth above in section 3.1.(a), for collecting and/or selling the Personal Information;
5. the categories of third parties, as set forth above in section 3.2., to whom the Personal Information (by individual category of information) was shared or sold;
6. the specific pieces of Personal Information collected; and
7. the specific third parties who received the Personal Information.

(b) CORRECTION, UPDATE, AND DELETION OF PERSONAL INFORMATION. We maintain a procedure in order to help you confirm that your Personal Information remains correct and up to date. Following registration, you can sign in to your user account and visit your personal profile page, where you can deactivate your user account, or review and update your personalized preferences and registration information, such as: name, mailing address, shipping address, e-mail address, password, and e-mail notification settings and preferences.  (In addition, many of the mailings KDS may send you, such as newsletters, contain an “unsubscribe” feature to allow you to opt out of future mailings.)

You may also request that we correct, update or remove Personal Information from our database. Upon request, we will remove the Personal Information and direct our service providers to remove the same from their records.  We may retain in our files information you have requested be removed from our active databases for certain purposes, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information may never be completely removed from our databases due to technical and legal constraints, including stored “back up” systems. Therefore, you should not expect that all of your Personal Information to be completely removed from our databases in response to any request you may submit.

(c) RIGHT TO NON-DISCRIMINATION.  We do not discriminate against you for exercising any of your privacy rights under the CCPA or applicable law, including discrimination in the form of:  denying you goods or services; charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing you a different level or quality of goods or services; or suggesting that you will receive a different price or rate for goods or services or a different level of quality of goods or services.

5.2. EXERCISING YOUR CCPA RIGHTS.  To exercise the rights described above, please submit a request to us via email at editor@themodernmemo.com or telephone at (717) 473-7926.

6. CONTACT INFORMATION AND POLICY UPDATES

6.1. CONTACT US.

If you have any questions about this Policy, questions about our practices related to this Site, or if you live in California and would like to exercise your CCPA rights, please contact us via email at editor@themodernmemo.com or via telephone at (717) 473-7926.

6.2. POLICY UPDATES AND CHANGES.

If we decide, at any time, to add to, change, update, or modify this Policy, we will post such change, update, or modification on this page and update the “Effective Date.” Any such change, update, or modification will be effective immediately upon posting the updated Policy. We will notify you of any material changes to the Policy by placing a notice on the Site or sending a notice to the primary email address specified in your user account. It is your responsibility to review this Policy when visiting the Site to ensure that you continue to agree with all of its terms.  If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Site.

7. VISITORS FROM OUTSIDE THE UNITED STATES

Our offices are located in the United States. If you visit the Site from another country, please be aware that information you provide to us or that we obtain as a result of your use of the Site may be processed in and transferred to the United States and will be subject to U.S. law. U.S. privacy and data protection laws may not be equivalent to the laws in your country of residence. By using the Site, you consent to the collection, transfer, storage, and processing of information to and in the United States.

8. GOVERNING LAW

This Privacy Statement is governed by, and construed under, the laws of the United States of America and the laws of the State of Texas, excluding its choice of law provisions.

Mediation. You agree that, in the event any dispute or claim arises out of or relating to this Privacy Statement, you and KDS will attempt in good faith to negotiate a written resolution of the matter directly between the parties.  You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Tarrant County, Texas with a mutually agreed mediator in an attempt to resolve the dispute.  Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

9. TERMS OF USE

Please read the Terms of Use governing the use of the Site.