Last Updated: May 15, 2021
Effective Date: June 1, 2021
By using or continuing to use a Service, including without limitation visiting Modcraft's website or otherwise providing your Personal Data to Modcraft, you accept and consent to the rights, obligations, and practices described in this Policy.
Modcraft is committed to the principles of user consent and choice and encourages you to determine your preferred experience when interacting with Modcraft. To this end, you may limit, restrict, or deny Modcraft's ability to share your Personal Data with third parties, or to use your Personal Data for a purpose that is materially different from the purpose for which it was originally collected or authorized by you, subject to applicable law. In order to exercise your right to choose, please submit a request via our Support Center.
- Applicability. This Policy applies to you and your Covered Users with respect to the Services. You shall be responsible for (i) informing your other Covered Users, if any, of the existence of this Policy, as well as any amendments, updates, or modifications made to this Policy and (ii) agreeing to this Policy, as amended, updated or modified from time to time, on behalf of all Covered Users.
- Types of Collected Data. Modcraft considers any information that can be used to directly or indirectly identify you to be “Personal Data,” including without limitation, Personal Data that is accessed, collected, maintained, transmitted, and/or used by Modcraft in the normal course of our business, and is subject to the provisions of this Policy, Terms of Service, and applicable law. Please note, in the absence of any notice to the contrary, you expressly grant Modcraft permission to share your Personal Data at Modcraft's discretion.
- Purposes of Collected Data.
- For Customers. Modcraft may use Personal Data to process your service requests, handle orders, deliver products and services, process payments, communicate with you about orders, provide access to secure areas of Modcraft's website, and to enable Modcraft to review, develop, and continually improve the products, services, and offers that it provides. Modcraft also uses this information to prevent or detect fraud or abuses of Modcraft's website and to enable third parties to carry out technical, logistical, or other functions on its behalf.
- For Visitors. Modcraft may use Personal Data to send information about Modcraft to visitors and to contact such visitors. Modcraft also uses the information that it collects to improve the content of our website, enhance user experiences, and as training aids for our employees. Visitors have discretion as to whether to grant information to Modcraft, and may opt-out from such processes as outlined above.
- For Payment Information. Linode may ask Account holders to enter credit card or account information in order to process orders for Services. Financial information provided via our website is transferred to a Modcraft Third Party Service Provider for payment processing. This information may be encrypted and stored for logging purposes by Modcraft and our Modcraft Third Party Service Provider for payment processing. Credit card numbers are used by Modcraft Third Party Service Provider only for processing payments and are not used for any other purposes. Modcraft has entered into written agreements with our Third Party Service Providers, and it will continue to enter into written agreements with third parties that provide payment processing services.
- For Use Information. Modcraft uses website use information to measure interest in and develop its web pages and marketing plans, customize the content you view on your web visits based on your activity during past visits, and administer Modcraft's website. In addition, Modcraft uses:
- IP addresses to help diagnose problems with its servers, and to administer its website;
- web beacons to count the number of times that its advertisements and web-based email content are viewed. Modcraft combines web beacon information with cookies to track activity on its website originating from advertisements and web-based email content.
- For Support Information. Modcraft uses information that you provide to it via telephone calls, chat, email, web forms, and other communications to correspond with you about services you may be interested in purchasing. If you elect to purchase a service online using a web form, Modcraft will use the information to establish your account. Information you submit in writing, such as chat, email, and web form information is archived and may be tied to information that Modcraft collects about your web visits. Your telephone calls may be recorded for training and operational purposes and Modcraft may enter information you provide via telephone into its systems to use for the purposes described in this paragraph.
- Disclosure to Regulatory Agencies and other Third Parties. Modcraft transfers Personal Data to third parties, including without limitation, law enforcement agencies and consumer reporting agencies, in the normal course of business, subject to service of lawful process or your written consent. If you breach the Terms of Service, or if Modcraft is under a duty to disclose your Personal Data in order to comply with any legal obligation, Modcraft may disclose your information to the relevant authority. Disclosure may include, but is not limited to, exchanging information with other companies and organizations for the purposes of regulatory auditing, fraud protection and credit risk reduction. In particular, Modcraft may release the information it collects to third parties when Modcraft believes that it is appropriate to comply with the law, to enforce legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct. Modcraft may also release the information it collects to third parties, where the information is provided to enable such third party to provide services to Modcraft, provided that the third party has agreed to use at least the same level of privacy protections described in this Policy, and is permitted to use the information only for the purpose of providing services to Modcraft. In the event you request the disclosure of your Personal Data by Modcraft by, you will be responsible for the cost of disclosure efforts outside of Modcraft's normal course of business.
- Access to Personal Data. You control access to Personal Data maintained or stored by you via Modcraft's web-based interface for account management. You may update your information at any time. You may cancel your account at any time and may request that your personal information be deleted from Modcraft's databases, with the exception of: network access logs, which may be stored for any duration of time at Modcraft's discretion; cases where financially fraudulent or otherwise illegal activity is deemed to have occurred (as determined by Modcraft management or law enforcement officials), in which case personal information may be retained indefinitely for purposes of ongoing investigation and prevention of fraud recurrence; or cases where a violation of the Terms of Service has resulted in cancellation of your account (as defined by revocation of your permission to utilize Modcraft's services), in which case personal information may be retained indefinitely for purposes of prevention of further use of Modcraft's services in the future by the offending individual. Upon request, Modcraft will grant you reasonable access to Personal Data maintained by Modcraft about you. In addition, we will take reasonable steps to correct, amend, or delete information that is demonstrated by you to be inaccurate, incomplete, or processed in violation of applicable law. Unless required by law, Modcraft will not permit you to access the Personal Data of any Data Subject other than yourself.
- Sensitive Information. Modcraft will not intentionally collect or maintain, and requests that you do not provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive information. If you host any material or information that is sensitive and/or subject to the Graham-Leach-Bliley Act, the Health Information Privacy Portability and Accountability Act, or any other law or regulation, such information and compliance with applicable privacy laws, remains solely your responsibility. Modcraft is not responsible for any sensitive information stored by you on our systems.
- Third Party Transfers of Data. Modcraft may transfer Personal Data to third parties acting on our behalf when operationally necessary to provide the Services. If Modcraft has received your Personal Data in the US subsequently transfers your Personal Data to a third party acting on our behalf, and such third-party agent processes your Personal Data in a manner that is inconsistent with this Policy, Modcraft will remain responsible and liable unless we can prove that Modcraft is not responsible for the event giving rise to the damage.
- Children's Online Privacy Protection. The services are not designed for or directed to children under thirteen (13) years of age and Modcraft will not intentionally collect or maintain information about anyone under thirteen (13) years of age.
- Unmanaged Service. You bear sole responsibility for maintaining the security of virtual private server ("VPS") environments maintained under your Account(s). You are solely responsible for ensuring compliance with any and all applicable privacy guidelines and regulations for all jurisdictions in which you may operate with respect to appropriate practices for the collection, storage, and dissemination of personal information using your VPS. In no event shall Modcraft be held liable for your failure to adopt and/or practice appropriate measures for safeguarding personal information stored within or transmitted through your VPS.
- Enforcement. If you believe your Personal Data has been used in a way that is not consistent with this Policy, or if you have further questions regarding this Policy, please contact our custodian of records via email or by writing to us at the following address: Custodian of Records, Maya Virtual, Inc., 500 Marquette Ave NW Suite 515, Albuquerque NM 87102, the (the "Custodian of Records").
- Dispute Resolution. Please direct any complaints regarding this Policy by submitting a request via our Support Center here. We will attempt to resolve any such complaints in a reasonably timely manner and in accordance with this policy. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Issues regarding Personal Data not resolved pursuant to this section are subject to the dispute resolution procedures described in the MSA.
- Changes. Amendments to this Policy may be made at any time and you should check back frequently for any changes. Modcraft shall have the right and ability to amend this Policy at Modcraft's sole and absolute discretion, and any amendments herein shall be effective within fourteen (14) days of being posted by Modcraft or by your continued use of the Services, whichever later.