GDPR privacy notice

Effective Date: January 1, 2025 Issued By: DSP Solutions, Inc. ("Modus")

1. About This Notice

This notice supplements the Modus Privacy Policy with information required for residents of the European Economic Area (EEA), the United Kingdom, and Switzerland under the General Data Protection Regulation (Regulation (EU) 2016/679), the UK GDPR, and applicable Swiss data protection law. Read this notice together with the Modus Privacy Policy, which describes what personal data Modus collects, how it is used, and who receives it.

If you are not located in one of these jurisdictions, different privacy rules may apply to you. California residents should see the Modus California Consumer Privacy Notice for California-specific rights.

2. Data Controller

The data controller responsible for your personal data is:

DSP Solutions, Inc.
1451 Vanguard Drive, Oxnard, CA 93033
Email: privacy@modusglobal.com

If Modus has appointed a Data Protection Officer (DPO) or EU Representative under Article 27 GDPR, contact details are below:

  • Data Protection Officer: Not Applicable
  • EU Representative: Not Applicable

3. How We Use Your Personal Data and Legal Basis

Modus processes your personal data for specific purposes, each with a legal basis under Article 6 GDPR:

  • To fulfill orders and provide customer service. Legal basis: performance of a contract (Article 6(1)(b)).
  • To create and manage your account. Legal basis: performance of a contract (Article 6(1)(b)).
  • To process payments and prevent fraud. Legal basis: performance of a contract and legitimate interest in preventing fraudulent activity (Article 6(1)(b) and 6(1)(f)).
  • To send marketing emails. Legal basis: consent (Article 6(1)(a)). You can withdraw consent at any time via the unsubscribe link in any email or by contacting Modus directly.
  • To improve modusglobal.com and Modus products. Legal basis: legitimate interest in improving products and services (Article 6(1)(f)).
  • To meet legal obligations such as tax reporting, consumer protection law, and responding to lawful requests from authorities. Legal basis: legal obligation (Article 6(1)(c)).
  • To defend legal claims and enforce Modus's terms. Legal basis: legitimate interest in protecting Modus's rights (Article 6(1)(f)).
  • To analyze site performance and aggregate traffic patterns. Legal basis: legitimate interest in operating the site effectively, and consent where required by local law for analytics cookies (Article 6(1)(a) and 6(1)(f)).

Where Modus relies on legitimate interest, Modus has weighed its interest against your rights and interests and determined that processing is not overridden by your fundamental rights. You can request details of this assessment by contacting Modus.

4. International Data Transfers

Modus is based in North America. Your personal data is processed outside the EEA, UK, and Switzerland. Where personal data is transferred outside these jurisdictions to a country that has not been granted an adequacy decision, Modus relies on one of the following safeguards under Chapter V GDPR:

  • Standard Contractual Clauses (SCCs) adopted by the European Commission or the UK Information Commissioner's Office
  • Adequacy decisions where available, for example for transfers to US organizations certified under the current EU–US data privacy mechanism
  • Other mechanisms permitted under Article 46 GDPR

You can request a copy of the safeguards applied to your personal data by contacting Modus at privacy@modusglobal.com.

5. Your Rights Under GDPR

You have the following rights over your personal data:

  • Right of access (Article 15): Request a copy of the personal data Modus holds about you.
  • Right to rectification (Article 16): Request correction of inaccurate or incomplete personal data.
  • Right to erasure (Article 17): Request deletion of your personal data. Modus may retain data where legally required or for legitimate purposes that override this right.
  • Right to restrict processing (Article 18): Request that Modus limit how your data is used in specific circumstances.
  • Right to data portability (Article 20): Receive your personal data in a structured, commonly used, machine-readable format and, where technically feasible, have it transmitted to another controller.
  • Right to object (Article 21): Object to processing based on legitimate interest or direct marketing.
  • Right to withdraw consent (Article 7): Withdraw consent at any time where Modus relies on consent. Withdrawal does not affect the lawfulness of processing before withdrawal.
  • Right to lodge a complaint: File a complaint with your local supervisory authority. See Section 7.
  • Rights related to automated decision-making (Article 22): Modus does not make decisions about you based solely on automated processing with legal or comparably significant effects.

6. How to Exercise Your Rights

To exercise any of your rights, contact Modus at:

Email: privacy@modusglobal.com

Mail: DSP Solutions, Inc., Privacy Office, 1451 Vanguard Drive, Oxnard, CA 93033

Modus responds to verified requests within one calendar month. In complex cases, Modus may extend this period by up to two additional months and will notify you of the extension and the reason. Modus may request reasonable information to verify your identity before responding to a request.

Exercising your rights is free of charge. Modus may charge a reasonable fee or decline requests that are manifestly unfounded or excessive, and will explain the reason if it does so.

7. Supervisory Authority

You have the right to lodge a complaint with the data protection supervisory authority in your country of residence or where you believe a breach of GDPR has occurred.

Modus encourages you to contact us first so we can address your concern directly.

8. Contact Us

Questions about this notice or Modus's privacy practices:

Email: privacy@modusglobal.com

Mail: DSP Solutions, Inc., Privacy Office, 1451 Vanguard Drive, Oxnard, CA 93033