Privacy Policy

Contact information: When you provide us with your contact information, whether through use of our Services, creation of an account, a form on our website, or an interaction with our sales or customer support team, we collect your contact information. This information may include, for example, your name and email address.

Sensitive information: In certain circumstances, you may be asked to provide us with sensitive information, such as COVID-19 vaccination status.

Usage information: We collect usage data about you whenever you interact with our Services. This may include which web pages you visit, what you click on, when you performed those actions, and other activities.

Device and browser data: We collect data from the device you use to access our Services, such as your IP address, operating system, browser details and time of visit. This information may also tell us your location.

Cookies and page tags: We use third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymous data about Visitors to our Websites. This data includes usage details and user statistics.

Log data: We keep log files that record data each time a device accesses our servers. The log files contain data about the nature of each access, including the originating IP address. We may combine this automatically collected log information with other information we collect about you. We do this to maintain an audit trail of activity, to improve our Services, to improve our marketing activities, for system analytics, or to monitor or improve functionality.

Referral data: If as a Visitor, you navigate to our Websites from an external source (such as a link on another website or via an email), we record information about the source that referred you to us.

Other data you submit: We may collect your personal information or data if you submit it to us in other contexts. For example, by giving us a testimonial, attending an event we host or entering a contest. We may also collect personal information at other points throughout our Services or within our Website that states personal information is being collected. If you contact us at support@getmodern.ai we will also collect any information that you provide to us voluntarily, such as your operating system version, and other requested information in order for us to respond to your request.

Interacting with us on social media: We may collect personal information about you when you interact with us using social media. For example, if you post material to our Facebook page or Tweet us on Twitter.

Third parties: We may collect your personal information or data from third parties if you give permission to those third parties to share your personal information with us or where you have made that information publicly available online.

Mobile devices: If you connect to the Services using a service provider that uniquely identifies your mobile device, we may receive this identification information to provide the Services to you.

We may collect the following information about Administrators or Users:

Information collected from your Company: The information that each Customer provides to us is different. In most cases, your company will provide us with demographic data such as your name, email information, and other information related to your role within the Company, including your manager, direct reports and your position within the Company's organization chart. Some Customers may provide us with additional demographic information so they can better analyze and understand their data.

Single sign-ons: If you choose to register or login using a third party account (such as Google or your Company's SSO provider), the authentication of your login details are handled by that third party and we only collect the information you expressly agree to share with us at the time you give permission to link your Modern account with the third party account. By using a Google Single Sign-On account (or other supported SSO), you are allowing us to access your Google (or other supported SSO) account information.

HRIS data: If the Customer uses a third-party human resource information system (for example, Workday or BambooHR) to import information into Services, we will also receive information from that third party (for example, your name, email address, employment and demographic data).

We may collect or share the following information about Users:

Profile page information: When an Administrator creates an account for you, we may collect the following information from your Company, your name, company name, email address, title and role within your Company, and other organizational information, such as the person you report to and your direct reports within the Company.

Your content: When you use the Services, we will store any messages or content that you submit to us when you use this portion of the Services.

We may collect the following information about Administrators:

Registration details: When you register an account or another Administrator creates an account for you, we collect your name, company name, email address, password and other information.

Billing details: If you use a credit card for billing, our credit card processor may collect information such as the cardholder's name, billing address, email address, credit card number, expiry date and credit card security code.

Account settings: You may be able to set or update various preferences and personal details on your account settings page or your profile. For example, your name, email address, default language or time zone.

A Customer may elect to use a third party with the Services (for example Microsoft Teams). Modern will not be responsible for any act or omission of any third party, including such third party's use of Platform Data. Modern does not warrant or support any such third party. You should contact the relevant third party for any issues arising from your use of its services.

If a Customer elects to use a third party integration or service with the Services, the Customer will be the controller and Modern and the relevant third party will respectively act as processors. See also Section 4 (Who is the data controller or processor?).

When you use a third party with our Services, (a) any Platform Data within Modern's control will be processed according to the terms of the agreement between Customer and Modern and this Privacy Policy, and (b) any Platform Data within the third party's control will be processed according to the terms of the agreement(s) between Customer and such third party.

If a Customer, or any of its Administrators, users, wish to exercise their rights with respect to personal information or any other Platform Data being processed by a third party, the Customer, as the controller, must make the request with the relevant third party directly. If any of the preceding parties wish to exercise their rights with respect to any personal information being processed by Modern, refer to Section 8 (What are your rights to personal information?).

The security of your personal information is very important to us. All your data is private and confidential and we take reasonable steps to ensure that your personal information is handled securely and in accordance with this Privacy Policy. We follow generally accepted security standards, to protect the personal information submitted to us, both during transmission and once it is received.

However, please note that transmitting information over the Internet is never completely secure. Although we do our best to protect your personal information, we cannot guarantee that your personal information is absolutely secure in all situations.

Security is a collaborative effort, so we also recommend that you create a sophisticated password for logging in to our services and keep that password secret.

If you suspect there has been any unauthorized access or misuse of your personal information, immediately contact our Data Protection Officer at privacy@getmodern.ai.

If you have any concerns about the security of our platform, contact our Information Security Team at security@getmodern.ai.

We have servers based in Australia. Your personal information will be hosted in the servers opted for by your Company. However, as some of our offices and service providers are located outside of these regions, there may be times when your personal information may be transferred, disclosed or processed in another country, such as the United Kingdom.

For example, if you contact our Customer Success team for support or questions, any information you provide us in the support request (including personal information such as your name and email address) will be processed and hosted in Ireland by the service provider we use to manage support requests.

If you live in the European Union, we will use the following safeguards to transfer your personal information to a country not currently deemed adequate under applicable data protection law.

European Union Standard Contractual Clauses: Modern offers the European Union Standard Contractual Clauses (EU SCCs), also known as Model Clauses, to meet the adequacy and security requirements for our Customers that operate in the European Union, and other international transfers of information. We also use the EU SCCs when we transfer your personal information to a member of the Modern Group located in a country not currently deemed adequate under applicable data protection law. A copy of our standard data processing addendum, incorporating the EU SCCs, is available on request.

We use your personal information for a variety of purposes. How and what information we collect about you will depend on the way that you use our Services, for example, whether you are an Administrator, user or Visitor. In each case, the information we collect and process is reasonably necessary for our business, including providing you with the Services you would expect from us.

When you use our Services as an Administrator, user, we process your personal information either:

• with your consent;
• to fulfill our contractual responsibility to deliver the Services to the Customer; or
• to pursue Modern's legitimate interests of improving our Services or developing new products and features.

When you use our Services as a Visitor, we process your personal information either:

• with your consent; or
• to pursue Modern's legitimate interests of improving our Services or developing new products and features.

When you use our Services as an Administrator, we may use your personal information to:

• Create an account with us: We need to collect and use your personal information to allow you to create an account and log in to that account.
• Provide you with our Services: This includes providing you with access and use of our platform and customer support, which may require us to access your personal information so that we can assist you, such as with survey design or technical issues.
• Manage our Services: We use your personal information so we can provide our Services and improve those Services. Some of these purposes include:

• monitor, maintain and improve our Services and features;
• personalize or customize your experience when you use our Services (including presenting the Modern platform in the best format for you or a device you use to access the Modern platform);
• create new services or features;
• enforce our contracts and policies when we are made aware of potential breaches;
• prevent potentially illegal, undesirable or abusive activities;
• investigate complaints about you or made by you;
• make telephone calls to you, or send you SMS messages from time to time, as part of secondary fraud protection; or
• respond to legal requests such as subpoenas, warrants or other mandatory information requests.

• Contact you about the Services or your account: At times we may need to contact you via email, mail or telephone to tell you about matters, such as changes to our Services, terms or policies.
• Marketing purposes: We may also send you news and information about our products or Services that you either request from us, or we believe may interest you. In most cases, we will contact you via email. As part of our marketing efforts, we may combine information about you from third party sources with information we hold about you to create a user profile, which will help us to make our sales and marketing efforts more relevant to you and to personalize and improve your experience.
• Respond to legal requests and prevent harm: If we receive a legal request or are informed of a situation that may cause harm, or potential harm, to someone, we may need to inspect your personal information or data to respond appropriately to that request or threat.

When you use our Services as a user, we may use your personal information to:

• Create an account with us: We need to collect and use your personal information to allow you to create an account and log in to that account.
• Provide our Services to the Customer: When and how we use your personal information is controlled and managed by the Customer (including any Administrators that act on its behalf).
• Manage our Services: We use your personal information so we can provide our Services and improve those Services. Some of these purposes include:

• monitor, maintain and improve our Services and features;
• personalize or customize your experience when you use our Services (including presenting our Services in the best format for you or a device you use to access our Services);
• create new services or features;
• enforce our contracts and policies when we are made aware of potential breaches;
• prevent potentially illegal, undesirable or abusive activities;
• investigate complaints about you, or made by you;
• send you a welcome email to verify ownership of the email address provided when your account was created;
• send you an email when you have been assigned as an administrator of your Company account;
• send you emails requesting you provide feedback on other individuals in your Company or to notify you that you have received feedback from other individuals in your Company;
• make telephone calls to you, or send you SMS messages from time to time, as part of secondary fraud protection; or
• respond to legal requests such as subpoenas, warrants or other mandatory information requests.

• Services and Service Improvement: To provide customers with develop better insights across our platform, Modern processes de-identified personal information for the purposes of activities including but not limited to benchmarking, text analytics, linkage analysis, attrition prediction, algorithm improvements and service development.
• Respond to legal requests and prevent harm: If we receive a legal request or are informed of a situation that may cause harm, or potential harm, to someone, we may need to inspect your personal information or data to respond appropriately to that request or threat.
• Identify you as a user: We may use your information to identify you as a user in our systems.

When you use our Services as a Visitor, we may use your personal information to:

• Contact you for marketing purposes: We may send you news and information about our products or Services that you either request from us, or we believe may interest you (unless prevented by law). In most cases, we will contact you via email.
• Manage our Services: We use your personal information so we can provide our Services and improve those Services. Some of these purposes include:

• personalize or customize your experience when you use our Services (including presenting our Websites in the best format for you or a device you use to access our Websites);
• create new services or features;
• monitor, maintain and improve our Services and features;
• enforce our contracts and policies when we are made aware of potential breaches;
• prevent potentially illegal, undesirable or abusive activities; or
• respond to legal requests such as subpoenas, warrants or other mandatory information requests.

• Profiling for marketing purposes: As part of our marketing efforts, we may combine information about you from third party sources with information we hold about you to create a user profile, which will help us to make our sales and marketing efforts more relevant to you and to personalize and improve your experience.

In most cases, it will be very difficult for us to provide you with our Services if you do not provide us with your real name and contact details (primarily email). Situations where we might have difficulty interacting with you anonymously, or via a pseudonym, are when you use our Services as an Administrator, or user.

If lawful and practicable, you may use a pseudonym (or simply not identify yourself) when dealing with us. For example, if you have a complaint or concern about our site, or a general question about our Services or this Privacy Policy, you are welcome to contact us without identifying yourself. In some cases, however, if you do not provide us with information, we may not be able to provide you with our products or Services or respond adequately to you.

We will share your personal information with third parties only in the ways that are described in this Privacy Policy. To provide you with our Services we will often need to disclose your personal information to our staff or the service providers we use to operate our business. Examples of our service providers include: hosting services; project management software; email service providers; system monitoring services; customer support services; and website analytics. These companies are only authorized to use your personal information as necessary for us to provide our Services to you and/or the Customer.

In most cases, the information that we disclose to our staff or service providers will be directly necessary to provide our Services to you. However, there may be occasions where we need to disclose your personal information to our staff, service providers, professional advisors or other third parties, including to:

• Provide the Services: In providing the Services, we may need to disclose your personal information to people who work for us or to one of our service providers. Our agreements with third parties include obligations to protect the security and confidentiality of your personal information. These disclosures may be related to activities such as filling orders, processing payments and mail-outs, storing and managing documents, research, providing professional advice, facilitating creation of accounts, sending you service emails, providing technical support, or providing other services to you. Transfers of user information to our service providers are covered by our agreement with the Customer.
• Prevent illegality or enforce our terms and policies: If you engage in or threaten any unlawful activity, we may reasonably believe that it is necessary to disclose your personal information to the police, a relevant authority or enforcement body, or your internet service provider, employer, supervisor or network administrator.
• Protect our rights or the rights of our staff: There may be situations where disclosing your personal information is necessary to protect the property, health or safety of Modern or its staff, the Customers or others. For example, exchanging information with other organizations to protect against fraud.
• Keep other entities associated with us informed: In some cases, we may need to disclose your personal information to our agents, business affiliates, joint venture entities, partners, investors or any applicable subsidiaries or holding companies. The need to disclose your personal information to these entities may arise from a legal obligation we owe that entity, or to assist our or their legitimate business interests.
• Run events, competitions and promotions: We may need to disclose your personal information to sponsors and promoters when you register or attend an event or enter any competition that we conduct or promote. This disclosure will generally not apply to Users.
• Perform actions you request or consent to: You may specifically authorize us to disclose your personal information to a third party. For example, to resolve a dispute regarding our Privacy Policy or to integrate a third-party service. We may also disclose your personal information to a third party with your prior consent.
• Comply with legal requests: In some situations, we may be compelled to disclose your personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose your personal information to third parties such as law enforcement officials or to comply with court orders, such as subpoenas or other legal processes.
• In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the personal information collected by us and will assume and be subject to all the rights and obligations regarding your personal information as described in this Privacy Policy. If Modern is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership, uses of your personal information, and choices you may have regarding your personal information.

When we disclose your personal information to third parties such as our service providers, we enter into confidentiality and data processing agreements with them to ensure they maintain appropriate privacy, confidentiality and security standards to protect your personal information.

When you use our Services as an Administrator, your personal information may be disclosed to other Administrators within your Company.

Modern leverages artificial intelligence techniques such as Natural Language Processing and Large Language Models (LLMs). These AI technologies either power standalone AI products or features embedded within our platform. For more information about how AI features within individual products operate, please contact our Customer Support Team.

Users are informed about AI functionality through a combination of in-platform indicators, including consent landing pages, visual cues (such as AI icons), and in-product messaging. Where applicable, users may opt out of generative AI functionality through settings within their individual user profile. This opt-out does not apply to products that operate exclusively as generative AI products.

Modern integrates Large Language Models provided by third parties, including Google Gemini, OpenAI and Anthropic Claude, to deliver AI-powered features within the platform.

If you live in certain countries (for example, European Union member states), you may have rights regarding your personal information, including the right to access, correct, delete, port, limit or object to the use or disclosure of your personal information.

We will respond to requests to access or correct your personal information as soon as reasonably possible. You may exercise your rights in the following ways:

• Update your account details: You may be able to update your registration and account information via your account settings or profile page. Updates made through these interfaces take effect immediately. For assistance with other updates, contact privacy@getmodern.ai or support@getmodern.ai.
• Access, correction and deletion: Upon request, we will inform you whether we process your personal information and, where applicable, provide access to or correct or delete that information.
• Data exports: Upon request, we can provide a copy of your personal information in a standard CSV format. This format may not be suitable for all purposes.
• Limiting or stopping use: You may request that we limit or stop the use or disclosure of your personal information. Please note that doing so may limit our ability to provide the Services.
• Marketing communications: You may opt out of receiving newsletters or marketing emails by using the unsubscribe link in our emails or contacting privacy@getmodern.ai.
• Other requests: For any other privacy-related request, please contact our Privacy Officer at privacy@getmodern.ai.

If you are an Administrator or User, Modern processes your personal information on behalf of and under the direction of the Customer. This includes Platform Data uploaded by the Customer or submitted through the Services.

Requests relating to Platform Data (including access, correction, transfer or deletion) must be directed to your Company. If you contact Modern directly, we will forward your request to the Customer for instruction.

In certain circumstances, deletion or correction of Platform Data may result in information about you being indirectly identifiable to the Customer due to its omission.

Users may directly update certain personal details within their account where functionality is provided.

We retain your personal information for as long as we provide Services to the Customer and until the Customer requests deletion, or as required to comply with legal obligations, resolve disputes, or enforce our legal rights.

Encrypted backup copies of personal information may be retained for up to 90 days.

We retain Visitor personal information only for as long as necessary to provide our Services or comply with legal obligations.

If you have a complaint about our handling of personal information or compliance with this Privacy Policy, please contact our Privacy Officer at privacy@getmodern.ai. We will investigate all complaints seriously and take reasonable steps to address any issues identified.

If you reside in the European Union and are dissatisfied with our handling of a complaint, you may contact the relevant Data Protection Authority or the UK Information Commissioner, our lead supervisory authority.

Australian residents may raise complaints with the Office of the Australian Information Commissioner if dissatisfied with our response.

If you disclose sensitive personal information while using the Services, you consent to our processing of that information as necessary to provide the Services. If you do not consent, you must not submit sensitive personal information.

We and our partners use cookies and similar technologies to analyze usage, improve functionality and support marketing activities. You may control cookies through your browser settings, though some features may be limited if cookies are disabled.

Our Websites may contain links to third-party websites. We are not responsible for the privacy practices of those websites and encourage you to review their privacy policies.