Privacy Policy

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LAST UPDATED JANUARY 2024

 

This Privacy Policy describes how Big Dog Energy Ltd t/a Modo Bio and its affiliates (“Modo Bio,” “we,” “us,” or “our”), collects, stores, uses, discloses, and transfers your Personal Information (as defined below) through our products and services, including the website available at www.modobio.com (“Site”), our applications (including mobile applications), software, APIs, and any other product or service provided by Modo Bio in connection with wearable device technology (the “Applications”, and together with the Site, the “Services”).

When referred to in this Privacy Policy, the term “Personal Information” includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, including any information that is subject to applicable data protection laws. This Privacy Policy applies only to Personal Information collected on this Site or otherwise in connection with the Services, including online and offline interactions. Capitalized terms used in this Privacy Policy and not defined herein shall have the definitions provided in our Terms of Use.

THIS PRIVACY POLICY DESCRIBES HOW PERSONAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Privacy Policy is incorporated by reference into our Terms of Use.

Personal Information We Collect

Information that you provide to us directly via the Application, including:

  • Personal, contact information and related Account information, such as your name, age, government-issued ID, photo, username, password, e-mail address, and phone number that you provide to us when you use the Applications. We may also collect other information that you grant Modo Bio access to.
  • Health information, such as mental and physical state of health, symptoms, blood, genetic and other key medical information, medical history, medical treatment or diagnosis, medications, test results and laboratory data, question and survey responses, health care provider information, and other health information that you may provide to us.
  • Biometric and other analytical data that you provide in connection with the use of your wearable device, such as heart rate, steps, speed, and location.
  • Communications between you and Modo Bio and/or physicians and other health care or wellness professionals (“Providers”), such as when you submit any questions or comments, complete surveys, or otherwise contact us or our support teams. When you communicate with us, such as through e-mail or text message, we may collect and save a record of your communication and any personal information provided during the communication.
  • Any information you submit, post, publish, upload, display, or transmit on or via the Applications (e.g., photos, comments, and other information and materials).
  • Information about your activity while engaged with the Applications or any other activity metrics from your activity tracker or wireless-enabled wearable technology device that you choose to sync to the Applications.
  • Payment information, such as credit card information and billing address. 
  • Username and password that you may select in connection with establishing your Account.
  • Your interactions with third party links and third-party services accessible via our Applications.
  • Other data from your device, such as location information from a global positioning system (GPS) when you give us permission through your device settings, information about wireless networks or cell towers near your mobile device, or your internet protocol (IP) address.
  • Identifying information about your mobile device, including data stored in connection with the operating system or other software, or data sent to the device by Modo Bio.
  • Certain log data when you interact with our Applications, for example, when you sign into our Applications, interact with our email communications, use your Account to authenticate to a third-party website or application, or visit a third-party website that includes a Modo Bio button or widget. We may also receive log data when you click on, view or interact with links on our Applications, including links to third-party applications. Our servers may record certain log data such as search terms, IP address, browser type, operating system, referring / exit pages and URLs, browsing history, number of clicks and how you interacted with the Services, domain names, landing pages, location, mobile carrier, device information, and other related information.
  • Metadata associated with your use of the Applications. For example, metadata may indicate how, when, where, and from whom, certain data points were collected and how such data points are formatted.
  • Information obtained through the use of “cookies” and other tracking technologies, as further discussed below. 

Information that your provide to us directly via the Site, including:

  • Personal, contact information, such as your name, e-mail address, and phone number that you provide submit to us in connection with inquiries or when you apply to use our Applications.
  • Any information you provide to us when you communicate with us outside of the context of the Applications (e.g. email, phone calls, or letters).
  • Certain log data when you interact with our Site, interact with our email communications, or visit a third-party website that includes a Modo Bio button or widget. We may also receive log data when you click on, view or interact with links on our Site, including links to third-party applications. Our servers may record certain log data such as search terms, IP address, browser type, operating system, referring / exit pages and URLs, browsing history, number of clicks and how you interacted with the Site, domain names, landing pages, location, mobile carrier, device information, and other related information.
  • Metadata associated with your use of the Site. For example, metadata may indicate how, when, where, and from whom, certain data points were collected and how such data points are formatted.

    Information from third parties:

  • We use third-party services in order to provide our Services, such as hosting content.
  • We also use third-party analytics tools to collect data about traffic and usage trends for the Services. These third parties may collect information sent by your device or our Services, such as cookies or your IP address.
  • We may obtain information from third party research companies and advertising partners that are assisting us in developing products and services that may be of interest to you.
  • We may also receive information about you from our affiliates in order to provide, understand, and improve our Services and our affiliates’ services.
  • Some of the Services provide the ability to interact with third party services (e.g., third-party social media sites, Providers, or other health care professionals). When you choose to permit such interaction, we may receive additional information about you from the third party (e.g., your registration or profile information with the third-party service).
  • We may contract with third-party service providers to assist us in better understanding users. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you submit any Personal Information relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy. Before you disclose information to us about another person, you should be sure you have their agreement to do so.  You should also show them this Privacy Policy.  You need to ensure that they confirm that they know you are sharing their personal information with us for the purposes described in this Privacy Policy.

Cookies and Other Similar Tracking Technologies (Site Only)

We may use cookies and similar technologies such as pixels, web beacons, and local storage to collection additional information about how you use our Site. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, they are used to help us understand your preferences based on previous or current Site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future.

Modo Bio only uses cookies and similar tracking technologies on the Site. Modo Bio does not use cookies or similar tracking technologies in connection with the Applications.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. The Help section of your browser may tell you how to prevent your browser from accepting cookies. If you turn cookies off, you may not have access to many features that make your Site experience more efficient and some of aspects of the Site will not function properly. To find out more about cookies and your choices with respect to collection and use of such data, you may visit www.allaboutcookies.org.

Where you are accessing the Site from the European Union, unless the cookies are strictly necessary, Modo Bio will not use cookies without your consent.

How We Use Personal Information

We may use your Personal Information to provide our Services to you, to improve our operations, and for security and legal reasons. We use your Personal Information in the following ways:

  • To help you efficiently access your information after you create an Account (e.g., remember information so that you do not have to re-enter it).
  • To perform actions at your direction, such as when you authorize a third-party web client or application to access your Account.
  • To personalize your experience with the Services and to allow us to deliver the type of content and services in which you are most interested.
  • To provide, improve, test, and monitor the effectiveness of our Site and Applications.
  • To develop and test new services and features.
  • To update the Site and Applications on your device.
  • To allow us to better serve you in responding to your customer service requests.
  • To send you information about our Services, to market to you, to help prevent spam, fraud, or abuse, and to help others find your Account, including through third-party services and client applications.
  • To analyze and evaluate your information that you provide to the Applications in connection with your wearable device and combine such information with other clinical data collected in connection with the services we provide through the Applications.
  • To monitor Site metrics such as total number of visitors, traffic, and demographics.
  • To provide special offers or other activities relating to the Applications. However, you may choose not to participate in such promotions.

How We Disclose Your Personal Information

We only share your personal information with a select number of individuals and companies, and only as necessary. We may disclose your Personal Information as part of providing our Services to you, to improve our operations, and for security and legal reasons. We may disclose Personal Information to the following third parties:

  • We may disclose your Personal Information with entities that are affiliated with Modo Bio to help provide, understand, and improve our Services and the affiliates’ services.
  • We may disclose your Personal Information with our vendors who assist us in marketing our services to you.
  • We may disclose your Personal Information with our vendors and service providers that perform services on our behalf, such as hosting partners, testing laboratories, and other parties who assist us in operating our Services.
  • We may disclose your Personal Information to the Providers, pharmacies, or other persons or entities working on your behalf, including without limitation, for arranging appointments or communications, providing health care services as part of the Applications, obtaining medication, or for payment or health care operations purposes.
  • We may remove identifying data from your Personal Information and share such de-identified data anonymously with other parties for any lawful purpose. We may also combine your Personal Information with other information so that it is no longer associated personally with you and share that aggregated data (such as for public health statistics or reporting purposes).
  • We may disclose your Personal Information as described in this Privacy Policy or with your permission.
  • If we are involved in a (potential or actual) merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of Modo Bio assets, or transition of service to another provider, your Personal Information may be disclosed in connection with the negotiation of such transaction, and/or sold or transferred as part of such a transaction as permitted by law and/or contract. This Privacy Policy will apply to your Personal Information as transferred to the new entity.
  • We may also disclose your Personal Information when such disclosure is necessary to comply with the law (including any regulatory or government body, public health agency, or court), enforce our policies, or protect ours or others’ rights, property, or safety.

We require all third parties to respect the security of your personal data and to treat it in accordance with data protection laws. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

How We Store and Process Your Personal Information

When referred to in this Privacy Policy, the term “Personal Information” includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, including any information that is subject to applicable data protection laws. Personal Information may include “protected health information” (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996, as amended and implemented (“HIPAA”). This Privacy Policy applies only to Personal Information collected on this Site or otherwise in connection with the Services, including online and offline interactions. Capitalized terms used in this Privacy Policy and not defined herein shall have the definitions provided in our Terms of Use.

THIS PRIVACY POLICY DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Privacy Policy is incorporated by reference into our Terms of Use. By accessing and using our Services, you consent to the collection, storage, use, disclosure, and transfer of your Personal Information as described in this Privacy Policy.

Personal Information We Collect

Information that you provide to us directly, including:

  • Personal, contact information and related Account information, such as your name, age, government issued ID, photo, username, password, e-mail address, and phone number that you provide to us when you use the Services. We may also collect other information that you grant Company access to, such as your contacts list.
  • Health information, such as mental and physical state of health, symptoms, blood, genetic and other key medical information, medical history, medical treatment or diagnosis, medications, test results and laboratory data, question and survey responses, health care provider information, and other health information that you may provide to us.
  • other analytical data that you provide in connection with the use of your wearable device, such as heart rate, steps, speed,
  • Communications between you and Company and/or physicians and other health care or wellness professionals (“Providers”), such as when you submit any questions or comments, complete surveys, engage in our telehealth or testing services, or otherwise contact us or our support teams. When you communicate with us, such as through e-mail or text message, we may collect and save a record of your communication and any personal information provided during the communication.
  • Any information you submit, post, publish, upload, display, or transmit on or via the Services (e.g., photos, comments, and other information and materials).
  • Information about your activity while engaged with the Services or any other activity metrics from your activity tracker or wireless-enabled wearable technology device that you choose to sync to the Services.
  • Payment information, such as credit card information and billing address.
  • Username and password that you may select in connection with establishing your Account.
  • Your interactions with third party links and third-party services accessible via our Services.
  • Other data from your device, such from a global positioning system (GPS) when you give us permission through your device settings, information about wireless networks or cell towers near your mobile device, or your internet protocol (IP) address.
  • Identifying information about your mobile device, including data stored in connection with the operating system or other software, or data sent to the device by Company.
  • Certain log data when you interact with our Services, for example, when you visit our Site, sign into our Services, interact with our email communications, use your Account to authenticate to a third-party website or application, or visit a third-party website that includes a Company button or widget. We may also receive log data when you click on, view or interact with links on our Services, including links to third-party applications. Our servers may record certain log data such as search terms, IP address, browser type, operating system, referring / exit pages and URLs, browsing history, number of clicks and how you interacted with the Services, domain names, landing pages, location, mobile carrier, device information, and other related information.
  • Metadata associated with your use of the Services. For example, metadata may indicate how, when, where, and from whom, certain data points were collected, and how such data points are formatted.
  • Information obtained through the use of “cookies” and other tracking technologies, as further discussed below.

Information from third parties:

  • We use third-party services in order to provide our Services, such as hosting content.
  • We also use third-party analytics tools to collect data about traffic and usage trends for the Services. These third parties may collect information sent by your device or our Services, such as cookies or your IP address.
  • We may obtain information from third party research companies and advertising partners that are assisting us in developing products and services that may be of interest to you.
  • We may also receive information about you from our affiliates in order to provide, understand, and improve our Services and our affiliates’ services.
  • Some of the Services provide the ability to interact with third party services (e.g., third-party social media sites, Providers, or other health care professionals). When you choose to permit such interaction, we may receive additional information about you from the third party (e.g., your registration or profile information with the third-party service).
  • We may contract with third-party service providers to assist us in better understanding users. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you submit any Personal Information relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.


Cookies and Other Similar Tracking Technologies

We may use cookies and similar technologies such as pixels, web beacons, and local storage to collection additional information about how you use our Services. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, they are used to help us understand your preferences based on previous or current Site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. The Help section of your browser may tell you how to prevent your browser from accepting cookies. If you turn cookies off, you may not have access to many features that make your Site experience more efficient and some of our Services will not function properly. To find out more about cookies and your choices with respect to collection and use of such data, you may visit www.allaboutcookies.org


How We Use and Disclose Personal Information

We may use and disclose your Personal Information to provide our Services to you, to improve our operations, and for security and legal reasons. Some examples of how we use your Personal Information include:

  • To help you efficiently access your information after you create an Account (e.g., remember information so that you do not have to re-enter it).
  • To perform actions at your direction, such as when you authorize a third-party web client or application to access your Account.
  • To personalize your experience with the Services and to allow us to deliver the type of content and services in which you are most interested.
  • To provide, improve, test, and monitor the effectiveness of our Site and Services.
  • To develop and test new services and features.
  • To update the Site and Services on your device.
  • To allow us to better serve you in responding to your customer service requests.
  • To send you information about our Services, to market to you, to help prevent spam, fraud, or abuse, and to help others find your Account, including through third-party services and client applications.
  • To analyze and evaluate your information that you provide to the Platform in connection with your wearable device and combine such information with other clinical data collected in connection with our Services.
  • To monitor Site metrics such as total number of visitors, traffic, and demographics.
  • To provide special offers or other activities relating to the Services. However, you may choose not to participate in such promotions.
  • We may share your Personal Information with entities that are affiliated with Company to help provide, understand, and improve our Services and the affiliates’ services.
  • We may share your Personal Information with our vendors and service providers that perform services on our behalf, such as hosting partners, testing laboratories, and other parties who assist us in operating our Services.
  • We may disclose your Personal Information to the Providers, pharmacies, or other persons or entities working on your behalf, including without limitation, for arranging appointments or communications, providing health care services as part of the Services, obtaining medication, or for payment or health care operations purposes.
  • We may remove identifying data from your Personal Information and share such de-identified data anonymously with other parties for any lawful purpose. We may also combine your Personal Information with other information so that it is no longer associated personally with you and share that aggregated data (such as for public health statistics or reporting purposes).
  • We may share your Personal Information, such as your health information, with your Provider or other health care provider or medical professionals working with you through the Services, for arranging appointments or communications and providing medical treatment.
  • We may disclose your Personal Information as described in this Privacy Policy or with your permission.
  • If we are involved in a (potential or actual) merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of Company assets, or transition of service to another provider, your Personal Information may be disclosed in connection with the negotiation of such transaction, and/or sold or transferred as part of such a transaction as permitted by law and/or contract. This Privacy Policy will apply to your Personal Information as transferred to the new entity.
  • We may also release your Personal Information when we believe release is appropriate to comply with the law (including any regulatory or government body, public health agency, or court), enforce our policies, or protect ours or others’ rights, property, or safety.

How We Store and Process Your Personal Information

Your Personal Information collected through the Services may be stored and processed in the European Union and United States and any other country in which Modo Bio, its affiliates, or service providers operate. Please note that different countries may have different data protection laws, and as such, we may transfer information, including your Personal Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.  By using the Services, you consent to this transfer of information and the use and disclosure of your Personal Information as described in this Privacy Policy  Where you are accessing the Service  from the European Union, EU data protection law applies to the processing of your personal data, we will only transfer your personal data outside the EEA in accordance with EU data protection laws.

We implement commercially reasonable security measures to maintain the safety of your Personal Information. Your Personal Information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the Personal Information confidential. When you access your Personal Information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be accessed only as stated above.

Unfortunately, no data transmission or storage system can be guaranteed 100% secure; therefore, Modo Bio cannot guarantee the security of any information you transmit to Modo Bio and/or Provider(s) or otherwise provide in connection with your use of the Services, or guarantee that the information may not be accessed, disclosed, altered, or destroyed. Modo Bio makes no representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard Personal Information. Further, Modo Bio is not responsible for the functionality, privacy, or security measures of any other organization.

The safety and security of your information also depends on you. Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or Account information has been compromised, you should change it immediately.


Data Retention

Except to the extent prohibited by law, and subject to this Privacy Policy, we will retain and use your Personal Information for as long as it is needed to provide you with the Services, access to our Site, and communications you have requested; to document our business relationship with you; and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.


Your Privacy Rights

Depending on the jurisdiction of residence, for example, in the United States, United Kingdom or the European Union you may have certain rights regarding our collection, use, and sharing of your Personal Information. If you have any questions regarding these rights or wish to exercise your rights, please contact us at privacy@modobio.com. Please note that we may request additional information from you to verify your identity prior to responding to or fulfilling any requests regarding your rights under applicable laws or regulations. If, for any reason, Modo Bio is not legally required to provide you certain rights, Modo Bio reserves the right to not comply with your request(s).


Local Provisions


European Union

If you are based in the European Union, the following provisions also apply:

GDPR means Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

Member State means a member state of the European Union.

Special Category Data: Special Categories of Personal Information is personal data of a particularly sensitive nature and includes information concerning a person’s health.  Due to the nature of our Services, we handle Special Categories Data when carrying out our Services.  Like all other types of Personal Information, we handle Special Category Data when we have a lawful basis for doing so (as described in more detail below) and strictly in compliance with all of our obligations under Data Protection Law.

The purpose and legal basis for processing your information
We collect your Personal Information for a number of purposes and rely on a number of different legal bases including:

To enter into and perform a contract with you
In order to enter into and perform a contract with you to provide our Services we need to collect Personal Information (for example we process identifying data and financial data as outlined earlier in this privacy policy.)

To comply with our legal obligations
We are required to process your Personal Information to comply with certain legal obligations to which we are subject.

For our legitimate business interests
Where we process your Personal Information for our legitimate interests, we ensure that there is a fair balance between our legitimate interest and your fundamental rights and freedoms. We may use your Personal Information to manage our everyday business needs, including accounting, training, to progress and respond to legal claims, in our legitimate interest.

We may use your Personal Information to update you on our services, events and news about us, in our legitimate interest.  Where this information constitutes direct marketing you have the right to opt out of this at any time.  You can do this by following the unsubscribe link in an email.  Our legitimate interest is to connect with customers and inform them of any updates in our Services or provide information which may be of interest to them.

With your consent
We sometimes process Personal Information with your consent.  This consent can be withdrawn at any time by using the contact details of the Data Protection Officer.

Special Category Data
We will only process Special Category Data in the following circumstances:

Where you have consented to us using your Special Category Data for specified purposes. This consent can be withdrawn at any time.

Transfers outside of the European Economic Area (EEA): If we share your Personal Information with our group company(ies) or third parties located outside the European Economic Area, we take steps to ensure that appropriate safeguards are in place to guarantee the continued protection of your Personal Information. In particular, for transfers of Personal Information, outside the EEA where there is no adequacy decision, we may rely on contractual protection (Standard Contractual Clauses) approved by the European Commission.

Where we are the controller of your Personal Information, you have the rights listed below. We will respond to any request to exercise your rights within one month, but have the right to extend this period in certain circumstances. If we extend the response period, we will let you know within one month from your request. If your request is clearly unfounded or excessive, we reserve the right to charge a reasonable fee or refuse to comply with it. To exercise these rights, please submit a request to us by sending an email to privacy@modobio.com.

Access your personal information. You are entitled to ask us if we are processing your personal data and, if we are, you can request access to your personal data. This enables you to receive a copy of the personal data we hold about you.

Request the transfer of your personal information. We will provide your personal data to you or a third party you have chosen in a structured, commonly used, machine-readable format. Please note that this right applies only to personal data you have provided to us, and only if we process your personal data on the basis of consent, or where we process your personal data in order to perform a contract with you. 

Request deletion of your personal information. You are entitled to ask us to delete or remove personal data in certain circumstances. There are certain exemptions where we may refuse a request for erasure. For example, where the personal data is required for compliance with law or in connection with legal claims. Where we rely on an exemption, we will inform you about this.

Request the correction of your personal information. This enables you to have any incomplete or inaccurate data we hold about you corrected. 

Request the restriction of our processing of your personal information in some situations. If you request this, we can continue to store your personal information but are restricted from processing it while the restriction is in place.

Object to our processing of your personal information where we are relying on legitimate interests. You also have a right to object where we are processing your personal data for the purposes of direct marketing or profiling. You can object at any time and we shall stop processing the information you have objected to, unless we can show compelling legitimate grounds to continue that processing.

Withdraw your consent. Where you have provided your consent to our processing of your personal data, you can withdraw your consent at any time. If you do withdraw consent, it will not affect the lawfulness of what we have done with your personal data before you withdrew consent.

Lodge a complaint at a supervisory authority. We will do our best to resolve any complaints you may have. However, if you feel we have not resolved your complaint, you have a right to lodge a complaint with a supervisory authority in the Member State where you live, where you work, or where an alleged infringement of the applicable data protection law took place.

If you have questions about this privacy policy relative to the European Union, please contact our Data Protection Officer (DPO) at privacy@modobio.com.

 

Questions and Feedback

We welcome your questions, comments, and concerns about this Privacy Policy. Please send us any and all feedback pertaining to privacy, or any other issue, via email to privacy@modobio.com.

Changes to Our Privacy Policy

We reserve the right to modify or update this Privacy Policy from time to time in our sole discretion, effective upon posting. In the event of such changes, we will post the changes on our Site, so please consult this Privacy Policy regularly. Your continued use of the Services after any modification to this Privacy Policy will constitute your acceptance of such modification.


How to Contact Us

If you would like to contact us for any reason concerning our privacy practices, or if you would like to request that we update or correct any information that you have provided to us through your use of the Site or Services, or if you have suggestions for improving this Privacy Policy, please email us at privacy@modobio.com

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