Privacy Policy

MODERNTRIBE. PRIVACY POLICY.

Updated:

October 30, 2023

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. 

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Overview

ModernTribe (“ModernTribe”, “we”, or “us) knows that you care how information about you is used and shared. This Privacy Policy explains how we collect, protect, use and share information about you when you use www.moderntribe.com (the “Website”), whether you access the Website directly or through a third-party website or via one or more of the Services. 

We hope this information increases your confidence in ModernTribe. Each time that you use the Website, you signify that you agree to be bound by the Terms and Conditions and this Privacy Policy. If you do not agree to the terms of this Privacy Policy you must discontinue using the Website.

Notice of Information We Collect and How We Use It

This notice applies to all information collected or submitted on the ModernTribe website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:

• Name
• Address
• Email address
• Phone number
• Credit/Debit Card Information

On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient's address. In this circumstance, the types of personal information collected are:

• Name
• Address
• Phone number 

You can email contact@modentribe.com at any time to remove your information, edit it, or access what information we are storing at any time.

We collect two types of data about individuals: (1) technical data automatically collected from all visitors to the Website, and individuals that use the Services (“Passive Data Collection”) and (2) information that you or others voluntarily submit to us (“User-Submitted Information”). 

“Personal Information,” as used in this Privacy Policy, is information that allows the direct identification of an individual, such as a name or email address, and information that is directly combined with such identifying information. Our primary purpose in collecting Personal Information is to provide you with a safe, smooth, efficient, and customized experience. We only collect Personal Information about you that we consider necessary for achieving this purpose.

We may share your personal information, such as in the following ways:

• By You. You may disclose personal information when you post content to our websites, in-store technologies or other public forums, such as our brands’ social media pages, blogs, and online product reviews. Any information that you disclose through these services will become public.
• Social Sharing. Your personal information may be disclosed in connection with your social sharing activity, such as if you log into your customer account from your social media account. By connecting your customer account and your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site’s privacy policy.
• Service Providers. We may share your information with our service providers who manage our customer information and perform services on our behalf, such as fulfilling promotions, sending communications to our customers, conducting surveys, etc. We do not authorize any of these service providers to make any other use or disclosure of your information.
• Third Parties. We may share your information when we team up with another company to offer or provide products, services, contests, or promotions to our customers.
• Legal Requirements. We may share information about you if necessary or appropriate, in our good faith judgment, to comply with laws or regulations or in response to a valid subpoena, order, or government request, or to protect the operations, privacy, safety, property or rights of Gap Inc. or others.
• Other Disclosures. We also may share information about you as described at the point of collection or otherwise pursuant to your consent.

We may collect information that does not reveal your specific identity or does not directly relate to an individual, such as browser and device information; information collected through cookies, pixel tags and other technologies, demographic information and other information provided by you; and aggregated information.

We may use and disclose such information for any lawful purpose. If required, we will treat such information as personal information in accordance with this policy. We will also treat such information as personal information to the extent it is combined with personal information. For example, when you use our technologies, we may keep a record of your product interests, the purchases you make and other content you generate (such as adding items to your shopping cart).

We may collect information in a variety of ways, including:

• Your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and browser click-through and usage data.
• Cookies: Cookies are pieces of information stored directly on the computer that you are using. Our websites, online advertisements, and emails use cookies, pixel tags, and other technologies to automatically collect information about your interactions, such as browser type, pages viewed, links clicked, and other actions you take in connection with our websites, online ads, and email. We use the information for a variety of purposes, including to facilitate navigation, to display information more effectively, to personalize your experience, to understand how our websites are used, to market our products and services, to measure the success of our marketing campaigns, and for security purposes. If your browser is set to decline cookies, you may not be able to access your customer account or make a purchase on our websites. 
• If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. If you do not accept cookies, you may experience some inconvenience in your use of our sites. For example, you may not be able to access your account information or make a purchase on our websites.
• Using pixel tags and other similar technologies: We may use pixel tags to, among other things, track the actions of users of our sites and services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of our sites and services and response rates.
• Analytics: We use third-party service providers, including Google and Adobe, which use cookies and similar technologies to collect and analyze information about use of our websites and mobile applications and in-store technologies. This service may also collect information regarding the use of other websites, apps and online resources. We may receive personally identifiable information (PII) from third parties to provide services.
  You can learn about Google’s practices at http://www.google.com/policies/privacy/partners/, and opt out by using the Google Analytics Opt-Out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout. 
• IP Address: Your Internet Protocol (“IP”) address is a number that is automatically assigned to the computer that you are using by your Internet service provider. An IP address may be identified and logged automatically in our server log files whenever you access our websites, along with the time of the visit and the pages that were visited. Your IP address may also indicate your approximate physical location. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other technologies. We use IP addresses for purposes such as calculating usage levels and diagnosing server problem
• Location Information: When you use our websites, mobile apps, in-store Wi-Fi, and other services, we may use automated technology to collect information indicating the physical location of your device, such as GPS data, cell phone tower data, Wi-Fi signals, or your device’s IP address.

We may use your personal information to provide products and services and to support our business functions. For example, we may use this information for the following purposes:

• To process and fulfill your order, including by shipping products to you, or others you designate, and sending emails to you, or others you designate, to confirm your order status and shipment and to process merchandise returns.
• To communicate with you and to send you information by email, postal mail, telephone, text message, or other means about our products, services, contests, and promotions, including marketing communications that we believe may be of interest to you
• To communicate with other persons using contact information you provide, such as when you designate another person as the recipient of a refer-a-friend message or a gift.
• To make your shopping experience easier, more enjoyable and more efficient
• To address problems with and improve our products, brands, services and technologies, as well as to develop new products and services
• To provide consistent, personalized services across all channels and all of our brands, including to personalize our advertising, marketing communications, shopping experiences and promotional offers
• To facilitate social sharing
• To administer and fulfill our contests and other promotions
• To help us learn more about your shopping preferences
• To prevent, detect, mitigate and investigate fraud, security breaches and activities that are or potentially may be prohibited or illegal
• As we believe to be required or appropriate to protect the rights, property, safety, and security of ModernTribe and our employees, customers and others
• As we believe to be required or appropriate under applicable law, to respond to requests from government authorities and to comply with legal process 

We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.

We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that x number of individuals visited a certain area on our website, or that y number of men and z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

You always have the choice not to receive marketing information or calls. Please contact us at contact@moderntribe to opt out or with any questions.

Passive Data Collection

We automatically track certain information based upon your behavior on the Website. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve you and our community

Log Files

Like most websites, we automatically receive and record certain information about our users’ behavior on our Website and when using our Services. Our servers automatically gather technical information about our Website traffic and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We aggregate this information with other pieces of information to analyze trends, to administer and improve the Services, to track users’ movements around the Website and to make inventory purchasing decisions that will best serve our customer base. Pages of the Website may also use devices that permit us to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

If we directly combine any information gathered through passive means with Personal Information, we treat the combined information as Personal Information under this Privacy Policy. Otherwise, we use information collected by passive means in aggregated forms.

Cookies and Clear GIFs

A cookie is a small text file that is stored on a user’s computer for record-keeping or tracking purposes. We use cookies and other tracking technologies on the Website and Services. This Privacy Policy covers the use of cookies by ModernTribe only and does not cover the use of cookies by any advertisers or other third-parties.

Cookies we utilize on the Site may include session cookies, persistent cookies, or more advanced technology such as HTML5 or Media Stamp. A session cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" menu. You may configure your browser to prevent cookies from being set on your computer. If you reject cookies your ability to use the Website and Services may be limited and you may not be able to use certain features of the Website, including entering sweepstakes or contests. 

Similar cookies and other technologies are used by our partners, which may also include Flash cookies, which are a form of persistent cookies technically called "Local Shared Objects". Flash cookies are set through a mechanism in Adobe Flash Player. With Flash cookies your data is stored in multiple places and it may be restored once you delete it. Please check with your browser's site on the most updated information on how to delete Flash cookies. HTML5 or Media Stamp technology has a local storage feature that, when used, allows for quicker access to a website upon a return visit. HTML5 is currently supported by some mobile devices and desktop browsers. HTML5 Media Stamp data is not stored in a browser's "cookies" file.

We also employ a software technology called clear gifs, also referred to as web beacons or pixel tags, that help manage content on the Website by tracking what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence.

We use clear gifs in our HTML-based emails to let us know which emails recipients have opened. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see “Choice / Opt-out” section of this Privacy Policy.

Third Party Advertisers

Third-party advertising companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this Website and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. These third party cookies do not collect personally identifiable information. For more information about cookies, web beacons and how to opt out of third party data collection, please see the “Cookies and Clear GIFs” and “Choice/Opt-out” sections of this Privacy Policy.

User-Submitted Information

Registration

In order to use some features of the Website, you may first register with us and create a user name and password. During registration you are also required to give truthful contact and demographic information (including name, email address, birthday and zip code) in accordance with our Terms and Conditions. We use this information to contact you about the products and Services on our Website in which you have expressed interest.

Orders

If you order a product from us, we request certain Personal Information from you on our order form, whether you access the Services from our App or the Website. You must provide contact information (including name, shipping address, telephone number) and financial information (including credit card number and expiration date). 

We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Surveys or Contests

We may provide you the opportunity to participate in surveys or contests on our site. If you participate, we will request certain Personal Information. The requested information typically includes contact information (such as name and shipping address) and demographic information.

We use this information to notify contest winners and award prizes, to monitor Website traffic, or to personalize the Website (in the case of anonymous information collected in surveys) and to send participants an email newsletter. By participating in a survey or contest you submit to that activity’s terms and conditions, including providing us with permission, if required, to share your Personal Information with sponsors of that survey and/or contest. 

We may use a third party service provider to conduct these surveys or contests, in which case the third party's service providers use of our users’ Personal Information will be governed by its privacy policy, which will be made available to users at the time they enroll for the survey or contest.

Third-Party Account Credentials

When you provide us with your third-party account credentials, to such services as Facebook and Twitter, you understand some content and/or information in those accounts may be transmitted into your account with us. However, information transmitted to our Website from your third party account will be covered by this Privacy Policy

Communication from Us or the Website

We use your contact information to communicate with you about ModernTribe and our marketing partners, as described below.

Special Offers and Updates

We will occasionally send you information on Services, products, special deals, and promotions. You can take advantage of promotions by entering the promotion code provided at the time of checkout. Out of respect for your privacy, we present the option not to receive these types of communications. Please see the “Choice / Opt-out” section of this Privacy Policy.

We send newsletters, usually by email. Please see the “Choice / Opt-out” section of this Privacy Policy to discontinue newsletters.

MESSAGES ABOUT THE SERVICE AND YOUR ACCOUNT 

Based upon the Personal Information you provide us, we will send you a welcoming email to verify your username and password. We will communicate with you in response to your inquiries, to provide the services you request, to manage your account, and to provide the best customer service possible.

As required by Law / Certain Business Transactions

We may disclose Personal Information if we have a good-faith belief that doing so is required by a subpoena or other judicial or administrative order or otherwise required by law or in connection with an actual or proposed corporate transaction or insolvency proceeding involving all or part of the business or asset to which the information pertains. This may include responding to legal requests from jurisdictions outside of the United States, where we have a good faith belief that the response is required by law in that jurisdiction.

To Protect Rights

Additionally, we may disclose Personal Information where we, in good faith, deem it appropriate or necessary to prevent violation of the Terms and Conditions, or our other agreements; take precautions against liability; protect the rights, property, or safety of ModernTribe, any individual, or the general public; maintain and protect the security and integrity of our Services or infrastructure; protect ourselves and our Services from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims or allegations; or assist government enforcement agencies.

Co-branded Sites

In the event that that our Website links to other websites that include our branding, this Privacy Policy does not apply to those other websites. Visitors to those websites are advised to carefully read the policies on those individual websites.

Tracking Technologies and Tailored Advertisements / Choices

ModernTribe also partners with advertising companies to place our advertising on publisher websites on the Internet. These advertising companies collect anonymous information about your visits to our Website by placing and reading cookies on the device you use to access our website. The cookies do not collect or use Personal Information. Like the cookies we place and read directly, these tracking technologies are used to analyze user behaviors in the aggregate. They are used to analyze and optimize our Website, measure conversion, and tailor content to interests.

Our Website is not at this time configured to read or respond to “do not track” settings or signals in your browser headings, which vary by browser provider. In lieu of a browser-based opt-out solution, you can utilize the Network Advertising Initiative approved methods for placement of “opt-out” cookies described here. Our Website and those of our third party advertisers or other vendors are configured to read and honor these opt-out cookies, so long as they are present on your computer. (If you delete all cookies, you will need to reset your opt-out cookies.) Specific instructions on how to do so are available here. However, please be aware that we do not control these opt-out processes.

SMS

ModernTribe uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Links to Other Websites

The Website contains links to other sites that are not owned or controlled by ModernTribe. Please be aware that this Privacy Policy applies only to information collected by ModernTribe and we are not responsible for the privacy policies and practices of such other sites. We encourage you to be aware when you leave the Website and to read the privacy policies of each and every website.

Access to Personally Identifiable Information

Where you have provided your consent, you have the right to withdraw your consent to our processing of your information and your use of the Services. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications. You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by emailing contact@moderntribe.com to request that your personal information be deleted, except for information that we are required to retain. 

If your information changes, or if you no longer desire our Services, you may correct, update, delete it or deactivate your account by going to your account or by emailing our Customer Support at contact@moderntribe.com or by contacting us by telephone at 877-324-1818. 

Security

The security of your information is important to us, including, but not limited to, the Personal Information collected via the Website. We use reasonable security measures to protect against the loss, unauthorized access, misuse, alteration and destruction of Personal Information under our control, both during the transmission and once we receive it. This includes, but is not limited to, the use of firewalls and encryption. Although we make good faith efforts to maintain the security of such Personal Information, no method of transmission over the Internet or method of electronic storage, is 100% secure and we cannot guarantee that it will remain free from unauthorized access, use, disclosure, or alteration. Further, while we work hard to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent “hackers” or other unauthorized persons from illegally accessing or obtaining this information. We keep Personal Information no longer than necessary for legitimate business purpose or as required by law.

As part of securing personal data stored on our servers, we restrict access to Personal Information to ModernTribe employees, contractors and agents who need to know that information in order to operate, develop or improve the Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services or the Website or by providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services.

Change of Ownership

In the event of a change in ownership, or a merger with, acquisition by, or transfer or sale of all or a portion of our assets to, another entity, we reserve the right to transfer all of your Personal Information, including email addresses, to that entity. We will use reasonable efforts to notify registered users of any such transfer to an unaffiliated third party (by a posting on our homepage, or by email to your email address that you provided to us, as chosen by us in our discretion).

Children

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. The Website is not directed toward individuals under the age of eighteen (18), and we request that such individuals do not provide Personal Information through our Website. Additionally, we do not knowingly collect or maintain Personal Information from anyone under the age of 18, unless or except as permitted by law. If we learn that Personal Information has been collected from a user under 18 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. 

Changes in this Privacy Policy

We may change this Privacy Policy from time to time. The most recent version of the Privacy Policy will always be posted on the Website, with the "Effective Date" posted at the top of the Privacy Policy. We may revise and update this Privacy Policy if our practices change, as technology changes, or as we add new services or change existing ones. If we make any material changes to our Privacy Policy or how we handle your personal information, or we are going to use any Personal Information in a manner that is materially different from that stated in our Privacy Policy at the time we collected such information, we will give you a reasonable opportunity to consent to the change. By using our Website or Services after the Effective Date, you are deemed to consent to our then-current Privacy Policy.

Contact Us/Feedback

If you have questions, concerns or feedback regarding this Privacy Policy, you can contact us at contact@moderntribe.com or 877-324-1818.

NOTICE FOR RESIDENTS IN THE EUROPEAN ECONOMIC AREA (EEA)