Privacy Policy

Your Privacy Matters

ModaMia’s mission is to be the world’s greatest custom clothing womenswear brand. Central to this mission is the use of technology and data to improve our products and Services. This Privacy Policy applies when you use our Services (described below) and purchase our products.

Introduction

We are a womenswear brand and custom clothing ecommerce company. People use our Services to design and purchase clothing, including custom fit, made to order clothing. Our Privacy Policy applies to any Customer or Visitor to our Services.

Our customers (“Customers”) create accounts on our services, providing their contact information, personal size information, style preferences, and billing and shipping information in order to purchase clothing. Content and data on some of our Services is also viewable to visitors that have not created accounts or made any purchases (“Visitors”).

SERVICES

This Privacy Policy applies to ModaMia.com and other ModaMia-related sites, communications and services (“Services”), but excluding services that state that they are offered under a different privacy policy.

CHANGE

ModaMia (“we” or “us”) can modify this Privacy Policy, and if we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may request to have your account closed.

You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your personal data is subject to the updated Privacy Policy.

1. Data We Collect

1.1 DATA YOU PROVIDE TO US

You provide data to create an account, use our Services and make purchases from us.

Registration Information To create an account you need to provide an email address.

Size Information and Style Preferences To purchase clothing it is necessary to provide size preference or other size related information. For custom clothes or custom tailored clothing you have the option to provide precise dimension information. You also have the option to provide personal information about your background and body (for example, your height, weight and ethnicity) as part of our Size creator. You don’t have to provide all of this information, but it can help us to provide you better fitting clothing and a better experience.

You also have the option to provide style preference information. Style preference information may be derived from a customer’s purchase history, wishlist and favorites, or explicit inputting of preferences.

Billing and Shipping Information To make a purchase you will need to provide a full name, address, and payment (e.g., credit card) and billing information.

Feedback We often will ask for feedback on our service and products. You will have the option to provide your feedback in the form of numeric ratings or free text.

Your Friends’ Information As part of our invite-a-friend program, you have the option to enter your friends’ email addresses to send an invitation to them and potentially earn referral credit.

1.2 SERVICE USE

We log usage data when you visit or otherwise use our site. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify you and log your use.

1.3 COMMUNICATIONS DATA

If you choose to contact us through email or chat, your emails and chat history may be stored for future reference.

1.4 COOKIES, WEB BEACONS AND OTHER SIMILAR TECHNOLOGIES

As further described in our Cookie Policy, we use cookies and similar technologies (e.g., web beacons, pixels, ad tags and device identifiers) to recognize you and/or your device(s) on, off and across different Services and devices. We also allow some others to use cookies as described in our Cookie Policy. You can control cookies through your browser settings and other tools.

1.5 YOUR DEVICE AND LOCATION

When you visit or leave our site, we receive the URL of both the site you came from and the one you go to next. We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. If you use our site from a mobile device, that device will send us data about your location based on your phone settings.

1.6 OTHER

Our Services are dynamic, and we often introduce new features, which may require the collection of new information. If we collect materially different personal data or materially change how we use your data, we will notify you and may also modify this Privacy Policy.

2. How We Use Your Data

How we use your personal data will depend on which information you provide and which products you purchase. We use the data that we have about you to provide and personalize our products and Service for you, as well as to improve our products and Services for all Customers and Visitors.

2.1 SERVICES

Authorizing Access We use your data to authorize access to our Services.

Custom Clothing Size Creation and Optimization Our Services allow you to create and modify custom clothes and tailored clothing sizes. We will use the data you provide to help generate accurate custom clothes and tailored clothing sizes for you.

Purchase Clothing and Other Products Our services allow you to purchase clothing and other products, including custom clothes and tailored clothing. For example, we may use your order data to produce your purchased products and deliver them to you.

2.2 COMMUNICATIONS

We will use your contact information to contact you through email and phone, and other ways through our Services.

Service Messages We will send messages about your outstanding orders, including order confirmation emails, order status updates and shipping information. We will also send back-in-stock email notifications for products that you have specifically opted-in to be notified about. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.

Marketing Messages We will send various marketing messages to your email. These messages may notify you about new products that have come available, new site features we have added, or new content we have added to the site. You may change your marketing email preferences at any time by clicking unsubscribe in the footer of any marketing email.

2.3 ADVERTISING

We target and measure the performance of ads to Customers and Visitors directly and through a variety of partners, using the following data, whether separately or combined:

 

• Data from advertising technologies on and off our Services, like web beacons, pixels, ad tags, cookies, and device identifiers;
• Customer-provided information (such as your name, email address, phone number, shipping address, etc.);
• Data from your use of our Services (such as your order history, style preferences, etc.), including as described in Section 2.1;
• Information from advertising partners and publishers.

 

Info to Ad Providers We do not share your personal data with any third-party advertisers or ad networks for their advertising except for: (i) hashed or device identifiers (to the extent they are personal data in some countries); (ii) with your separate permission (e.g., lead generation form) or (iii) data already visible to any users of the Services (e.g. profile).

If you view or click on an ad on or off our site, the ad provider will get a signal that someone visited the page that displayed the ad, and they may through the use of mechanisms such as cookies determine it is you. Advertising partners can associate personal data collected by the advertiser directly from you with our cookies and similar technologies.

2.4 DEVELOPING SERVICES AND RESEARCH

We use your data to conduct research and further improve our products and Services. For example, we use your saved custom sizes, order history and feedback to improve our size algorithms and thus provide better size predictions for other customers. We also use your feedback on fabrics and products to inform our product development and improve our designs.

2.5 CUSTOMER SUPPORT

We use your data (which can include your communications) to investigate, respond to and resolve complaints and Service issues.

2.6 AGGREGATE INSIGHTS

We use your data to produce and share aggregated insights that do not identify you. For example we may use your data to generate statistics about our Visitors or Customers, or to calculate ad impressions served or clicked on.

2.7 SECURITY AND INVESTIGATIONS

We use your data (including your communications) if we think it’s necessary for security purposes or to investigate possible fraud or other violations of our User Agreement or this Privacy Policy.

3. Cookie Policy

Background

In order to optimize your user experience and our marketing initiatives, we use a variety of cookies on https://ModaMia.com (the “Site”) and third-party sites. This page will explain what cookies we use and for what purpose, and provide instructions for you how you can opt-out of, or disable certain cookies.

3A. Cookies used on our Site

The cookies we use on our website can be grouped into the following categories:

3A.1 ESSENTIAL COOKIES:

Some of the cookies on our Site are essential for us to provide you with a service you have requested. An example of this would be a cookie that enables you to log into your account on the website, or one which allows communication between your browser and the website. Our cookie-preference cookie, described in the section ‘How to reject or opt out of receiving cookies’, is also an essential cookie. You may not be able to use our website without these cookies.

3A.2 WEBSITE FUNCTIONALITY COOKIES

These cookies enable you to browse our website and use features such as the shopping cart and wishlist.

3A.3 WEBSITE ANALYTICS COOKIES

We use these cookies to analyze how our customers use our Site. An example is counting the number of different people visiting our website or using a particular feature, rather than the total number of times the site or feature is used. This allows us to continuously improve our Site and your shopping experience.

3A.4 CUSTOMER PREFERENCE COOKIES:

When browsing or shopping online, our Site will remember preferences you make (for example your user name, language or location). This improves your experience and makes your browsing simpler, easier and more personal to you.

3A.5 SOCIAL SHARING COOKIES

We use cookies to allow you to share content directly on social networking/sharing sites like Instagram and Twitter. Examples would be if you wanted to 'like' or 'tweet' about a product advertised on our Site.

3A.6 INTEREST-BASED ADVERTISING COOKIES

You will have noticed, when visiting other websites, that you are shown adverts for products and services you may wish to buy. The money made by website owners for showing third-party adverts on their websites often pays for the cost of running the website, and therefore often allows you to use the website without having to pay a registration or usage fee. Like many businesses, we place adverts for our services on a range of our partners' websites. However, to try and ensure that the adverts you see are relevant to you, we use cookies to collect information about the types of things that interest you, for example websites you visit and your geographic location. Having these cookies does not increase the number of adverts you will be shown, but simply makes the adverts you see more relevant. In addition, they limit the number of times you see an advertisement, as well as helping us measure the effectiveness of our advertising campaigns.

3B. Advertising Cookies Used on Third Party Websites

We place advertisements on a number of third-party websites. We use cookies to control how often you are shown a particular advertisement on those websites, so you do not see the same advertisement too frequently. We do not collect any personal data within these cookies. To opt out of receiving these cookies, please refer to your browser settings as explained below.

3C. How to Opt Out of Receiving Cookies

If you want to delete any cookies that are already on your computer, please refer to the help and support section on your internet browser for instructions on how to locate the file or directory that stores cookies.

Please note that our Site cannot always control third-party cookies stored on your machine from our Site and that setting your cookie preferences with us will not stop those third-party cookies from being stored on your machine. Therefore you must manage these cookies directly with the relevant third party. Please see our 'Third party cookies' section below for more information.

More information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.

3D. Third party cookies

Some of the cookies described above are stored on your machine by third parties when you use our Site. We have no control over these cookies or how the third parties use them. They are used to allow third parties to provide a service to us, for example analytics. For more information on these cookies and how to disable them, please see the individual third party's privacy policy listed below.

3D.1 ANALYTICS COOKIES

Google (Google Analytics) This cookie provides anonymized data to allow us to understand user behavior and marketing performance across our website. More information and how to opt out: https://tools.google.com/dlpage/gaoptout

KISSMetrics This cookie provides anonymized data to allow us to understand user behavior and marketing performance across our website. More information and how to opt out: https://signin.kissmetrics.io/privacy#controls

Snowplow Analytics This cookie provides anonymized data to allow us to understand user behavior and marketing performance across our website. Click here to opt out of the snowplow cookie

New Relic This cookie helps us monitor our site speed and performance. More information and how to opt out: https://newrelic.com/termsandconditions/cookie-policy/cookie-table

3D.2 INTERNET BASED ADVERTISING COOKIES

Bing / Ads

This cookie facilitates the tracking of performance and targeting of ads on Bing.com. More information and how to opt out: https://account.microsoft.com/privacy/ad-settings

Facebook / Ads

This cookie facilitates the tracking of performance related to Facebook and allows us to target the advertising we do on the Facebook platform more effectively. More information and how to opt out: https://www.facebook.com/ds/preferences/?entry_product=ad_settings_screen

Google / Adwords

This cookie facilitates the tracking of performance related to Google Adwords and allows us to target the advertising we do on third party websites more effectively. More information and how to opt out: https://adssettings.google.com/u/0/authenticated

Outbrain / Ads

This cookie facilitates the tracking of performance related to Outbrain and allows us to target the advertising we do on third party websites more effectively. More information and how to opt out: https://my.outbrain.com/recommendations-settings/home

Pinterest / Ads

This cookie facilitates the tracking of performance and targeting of ads on Pinterest. More information and how to opt out: https://www.pinterest.com/settings/privacy/

Taboola / Ads

This cookie facilitates the tracking of performance related to Taboola and allows us to target the advertising we do on third party websites more effectively. More information and how to opt out: https://www.taboola.com/de/privacy-policy#user-choices-and-optout

3D.3 WEBSITE FUNCTIONALITY COOKIES

Zendesk

We use this technology to provide real time access to our Customer Care Team via a chat window. More information and how to opt out:

https://www.zendesk.com/company/policies-procedures/cookie-policy/

VWO

We use VWO’s web optimization platform to test the effectiveness of custom content and product recommendations. More information and how to opt out: https://vwo.com/opt-out/

4. How We Share Information

4.1 OUR SERVICES

With your consent, your feedback on products and our service will be made visible to visitors to ModaMia.com. Your feedback will typically be identified with your First Name, Last Initial, and the City and State from your shipping address. Depending on your feedback, this may be seen as an endorsement of our products. In some cases your feedback may be used for advertising and marketing purposes as part of marketing emails or other forms of advertisement.

4.2 SERVICE PROVIDERS

We use others to help us provide our Services (e.g., maintenance, analysis, audit, payments, fraud detection, marketing and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

4.3 LEGAL DISCLOSURES

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of ModaMia, our Customers, personnel, or others. We attempt to notify Customers about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

4.4 CHANGE IN CONTROL OR SALE

We can also share your personal data as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

5. Your Consent

5.1 DATA RETENTION

We retain your personal data while your account is in existence or as needed to provide you Services. This includes data you or others provided to us and data generated or inferred from your use of our Services.

5.2 MODIFYING YOUR DATA

If for any reason you are concerned that your personal information is not correct, please visit our site and, after logging in, visit the "Account Details" section. Only you or, upon your request, our customer service team, may access your personal data from the website using your email and password. Information may be changed or removed within Account Details, Saved Sizes, Style Profiles, Addresses, and Payment Methods. If you prefer, you may contact us and we will amend your personal details.

5.3 YOUR CONSENT

By visiting https://ModaMia.com, you are accepting and consenting to the practices described in this Privacy Policy and the Terms and Conditions.

6. Other Important Information

6.1. SECURITY

We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

6.2. CROSS-BORDER DATA TRANSFERS

We process data both inside and outside of the United States and rely on legally-provided mechanisms to lawfully transfer data across borders. Countries where we process data may have laws which are different, and potentially not as protective, as the laws of your own country. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact us.

6.3. DIRECT MARKETING AND DO NOT TRACK SIGNALS

We currently do not share personal data with third parties for their direct marketing purposes without your permission.

6.4. CONTACT INFORMATION

If you have questions or complaints regarding this Policy, please first contact us online or by physical mail.

Updated May 5, 2021