Privacy Policy

This Privacy Policy describes how Moda Clubs, LLC ("Moda Clubs," "we," "us," or "our") collects, uses, shares, and protects information in connection with the ModaCommunities.com website (the "Site"), including all associated services, tools, memberships, forms, and the AI chat assistant. By accessing or using the Site, you agree to the collection and use of information in accordance with this policy.

1. Information We Collect

1.1 Information You Provide Directly

We collect information that you voluntarily provide to us when you use our Site, including but not limited to:

• Contact information such as your name, email address, phone number, and Facebook profile URL when you submit a contact form, membership application, lead form, report, or inquiry.
• Account information including your name, role, and profile photograph if you are a member of the Moda Clubs team.
• Payment and transaction information when you purchase a paid membership. Payments are processed by a third-party payment processor; we do not collect or store your full card number. We receive confirmation of the transaction, your billing email, and your membership status.
• Communication content including the text, images, screenshots, attachments, and files (such as vehicle photos or resumes) you provide when submitting forms, applications, reports, disputes, or inquiries.
• Chat content, including your name, email, phone number, and every message you send to our AI chat assistant. See Section 12.
• Email and text-message subscription information when you sign up for updates.
• Post content when you use our Post Checker tool, including the text of listings you submit for scanning.
• Verification queries including Facebook group URLs, post URLs, share links, and profile URLs that you submit through our group verification or admin verification tools.

1.2 Information Collected Automatically

When you visit our Site, we and our analytics providers may automatically collect certain information about your device and usage patterns, including:

• Device and browser information such as your IP address, browser type and version, operating system, device type, screen resolution, and language preferences.
• Usage data including pages visited, time spent on pages, click patterns, scroll depth, referring URLs, and navigation paths through the Site.
• Analytics data collected through a third-party analytics provider, which uses cookies and similar identifiers to measure how visitors use the Site.
• Session-activity data collected through a third-party session-recording and analytics provider, which may record and replay your session, including mouse movements, clicks, scrolling, and the pages you view, and produces heatmaps of that activity. This tool is configured to mask text you type into form fields.
• Cookie and tracking data as described in Section 5 of this policy.

1.3 Information from Third-Party Services

Our Site interacts with third-party services in the following ways:

• Facebook/Meta: When you use our group verification tool with a share link, our server makes a request to Facebook to resolve the redirect URL. We do not access your Facebook account, cookies, or personal data in this process. Only the redirect destination URL is read.
• Analytics and hosting providers as described in Sections 1.2 and 3.
• Payment provider: our third-party payment processor processes membership payments and returns transaction and membership-status data to us.

2. How We Use Your Information

We use the information we collect for the following purposes:

• To provide and maintain our Site, tools, memberships, and services, including the Group Directory, Post Checker, Group Verifier, Admin Verifier, AI chat assistant, lead and concierge services, and contact forms.
• To process membership purchases and manage your membership, including renewals, cancellations, and refunds.
• To process and respond to your inquiries, applications, leads, reports, disputes, and other communications.
• To connect you with a partner vendor when you ask us to (see Section 3).
• To send you email and text updates, newsletters, and announcements if you have subscribed to receive them, and to send transactional messages such as confirmations and follow-ups related to a request you submitted.
• To improve our Site, services, and user experience based on usage patterns, feedback, and analytics data, including session recordings and heatmaps.
• To detect, prevent, and address fraud, scams, fake groups, and other harmful activity within the Moda Clubs community ecosystem.
• To verify whether a Facebook group, post, or team member is officially affiliated with Moda Clubs using our verification tools.
• To comply with legal obligations, enforce our Terms of Service, and protect our rights, privacy, safety, or property.

3. How We Share Your Information

We do not sell your personal information for money. We share your information in the following circumstances:

• Service Providers: We share information with trusted third-party providers who process it on our behalf to operate the Site and our services. These include, and each receives only the data needed for its function: our website hosting and infrastructure provider (hosting, server logs, and file storage for uploads); analytics and session-recording providers (site-usage measurement and session replay); our AI provider (which powers the chat assistant); our customer-relationship management (CRM) provider (where leads, applications, reports, and chat records are stored and reviewed by our team); our email delivery provider (transactional and marketing email); our payment processor (payment processing); and our text-message provider (text updates, if you opt in). We may use other providers to support specific features you choose to use.
• At Your Request (Partner Vendors): When you ask us to connect you with a partner vendor or use a service that is fulfilled by a partner, we forward the details you submit to that vendor so they can follow up with you. This includes, for example, shipping requests sent to our shipping partner, sell-my-car submissions sent to our automotive partner, and vendor setup or quote requests. When you submit certain partner forms, you agree that we and the partner may each contact you about your request by email, phone, or text, including on the other's behalf, using the details you provide. Those vendors are independent businesses, and their use of your information is governed by their own privacy policies, not ours.
• Publicly Displayed Content: If you submit a review, testimonial, or a photo or listing intended for public display (for example, on our reviews pages or Want List), that content, including the name you provide, may be published on the Site and indexed by search engines.
• Internal Team: Information you submit through forms, applications, reports, and the chat assistant may be shared with relevant members of the Moda Clubs team, including moderators and administrators, as necessary to address your request or resolve disputes.
• Legal Requirements: We may disclose your information if required by law, court order, or governmental request, or if we believe in good faith that disclosure is necessary to protect our rights, your safety, or the safety of others.
• Business Transfers: In the event of a merger, acquisition, reorganization, or sale of all or a portion of our assets, your information may be transferred as part of that transaction.

4. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes described in this policy, including to satisfy legal, accounting, or reporting requirements. Retention periods vary by context:

• Contact-form submissions, dispute reports, membership records, and lead and chat records stored in our CRM are retained for record-keeping and dispute-resolution purposes, generally for a minimum of two (2) years.
• Email and text subscription information is retained until you unsubscribe or opt out.
• Analytics data is retained by our analytics and session-recording providers under their own schedules, generally for up to about 14 months for usage data, with session recordings kept for a shorter period (approximately 30 days).
• Files you upload (such as report screenshots, chat photos, vehicle photos, and resumes) are retained on our hosting provider until they are no longer needed for the request you submitted.

5. Cookies and Tracking Technologies

Our Site uses cookies and similar tracking technologies to enhance your experience, analyze usage patterns, and provide certain features. The types of technologies we use include:

• Essential Cookies: Necessary for the Site to function, including session management, security features, and preferences such as dark/light theme selection.
• Analytics and Session-Recording Technologies: a third-party analytics provider uses cookies and identifiers to measure Site usage, and a third-party session-recording provider uses cookies and scripts to record and replay sessions and build heatmaps, as described in Section 1.2. These technologies collect behavioral data and are operated by our third-party providers.
• Functional Cookies: Enable features such as remembering your theme preference, storing your session in the admin dashboard, and recording your cookie-banner choice.

When you first visit the Site, a banner lets you Accept or Decline analytics and session-recording technologies. If you Decline, we do not load the analytics or session-recording technologies on subsequent page loads. Your choice is stored in your browser, so clearing your browser data will prompt the banner again. You can also control cookies through your browser settings; disabling cookies may affect certain features.

6. Your Rights and Choices

Depending on your jurisdiction, you may have certain rights regarding your personal information, including:

• The right to access the personal information we hold about you.
• The right to request correction of inaccurate or incomplete personal information.
• The right to request deletion of your personal information, subject to certain exceptions.
• The right to opt out of marketing communications at any time using the unsubscribe link in any marketing email, replying STOP to any text, or contacting us directly.
• The right to withdraw consent for processing where consent is the legal basis.
• The right to data portability in certain circumstances.

To exercise any of these rights, please contact us at info@modaclubs.com. We will respond within the time required by applicable law.

7. California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, including the right to know what personal information we collect and how it is used and shared, the right to request correction or deletion, and the right to opt out of the "sale" or "sharing" of personal information.

The categories of personal information we collect are described in Section 1 (identifiers such as name, email, and phone; commercial information such as membership purchases; internet and device activity; and the content you submit). We do not sell your personal information for money. However, our use of analytics and session-recording technologies may constitute "sharing" for cross-context behavioral advertising or a "sale" under California law. You may opt out of these technologies using the cookie banner described in Section 5, and we honor browser-based opt-out signals such as Global Privacy Control where required. We do not discriminate against you for exercising your privacy rights. To exercise your California rights, contact us at info@modaclubs.com.

8. International Users (GDPR)

If you are located in the European Economic Area, United Kingdom, or Switzerland, you have rights under the General Data Protection Regulation and equivalent laws. Our legal bases for processing include: (a) your consent (for example, for analytics and session-recording technologies and marketing communications); (b) the performance of a contract with you (for example, providing a paid membership); (c) compliance with a legal obligation; and (d) our legitimate interests in operating and improving the Site and preventing fraud. You may withdraw consent and exercise your rights by contacting us at info@modaclubs.com. Some of our service providers are located in the United States; where required, transfers are made under appropriate safeguards.

9. Children's Privacy

Our Site is not directed to individuals under the age of 18. We do not knowingly collect personal information from children under 18. If we become aware that we have collected such information, we will delete it promptly. If you believe we may have collected information from a child under 18, please contact us at info@modaclubs.com.

10. Security

We implement commercially reasonable technical and organizational measures designed to protect your personal information against unauthorized access, alteration, disclosure, or destruction. These include encryption of data in transit (HTTPS/TLS), secure hosting infrastructure, and access controls for administrative functions. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

11. Third-Party Links

Our Site contains links to third-party websites, including Facebook group links, external product links, and partner websites. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to review the privacy policies of any third-party website you visit.

12. AI Chat Assistant

Our Site offers an AI chat assistant. Before you chat, we ask for your name and contact details so our team can follow up. Your messages and the contact details you provide are processed by a third-party AI provider to generate responses, and a summary and transcript of the conversation are saved in our CRM and reviewed by our team. We may send you a follow-up email about your conversation. Please do not share sensitive personal information (such as full payment card numbers or government ID numbers) in the chat. The assistant's responses are generated by AI, may be inaccurate or incomplete, and do not constitute professional, legal, medical, or financial advice.

13. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or for other operational reasons. We will post any changes on this page and update the "Last updated" date at the top. Your continued use of the Site after any changes constitutes acceptance of the updated policy.

14. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:

Moda Clubs, LLC
350 S Main Ave #403
Sioux Falls, SD 57104
Email: info@modaclubs.com