Terms of Service

Privacy Policy

Effective Date: November 1, 2020

We value your privacy. This Privacy Policy explains how Drive Motors, Inc. d/b/a Modal (“Modal,” “we” or “our”) collects, processes, uses, protects, and shares your personal information through the Modal website (“Modal Website”) and Modal functionalities, in connection with our products and services, as well as explains your privacy rights under certain privacy laws.

This Privacy Policy does not explain the use, collection and/or disclosure processes of any third parties. For additional information about the use, collection and disclosure processes of a third party you are doing business with, whether or not affiliated with Modal, please review their privacy policy.

This Privacy Policy contains the following:

• Information We Collect About You
• Information You Provide
• Automated Collection of Data
• Cookies and Other Technologies
• Google Analytics
• Third Party Sources
• How We Use Your Information
• Dealers, Sellers and Other Third Parties
• Social Media Widgets
• Information Sharing
• Credit
• Your Choices
• Notice to California Residents
• How We Protect Personal Information
• Privacy of Children
• Privacy Policy Updates
• How to Contact Us

Information We Collect About You

The types of information we collect about you depend on your use of our products, services, website, and the ways that you interact with us. Specifically, we gather information from your usage of the Modal “Buy Car” button or other Modal functionality on a dealer website and/or dealer mobile app, including information you may input at the point of registration or at the point of purchase of a product or service. 

Information You Provide

We may collect information that you choose to provide using a Modal functionality on a dealer website and/or the Modal Website. For example, when you:

1. register for one of our products or services. This information may include your name, address, telephone number, email address, Social Security Number, employment information, and credit information;
2. purchase one of our products or services on a dealer website and/or dealer mobile app using the Modal “Buy Car” button or other Modal functionality;
3. upload pictures of a vehicle you would like to trade in;
4. contribute in chats or other interactive user sessions;
5. upload a picture of your picture ID or state driver's license;
6. apply for credit with a dealer or one of their finance partners; and
7. provide feedback or subscribe to receive newsletters or marketing e-mails from us.

Automated Collection of Data

Information regarding your use of the Modal Website may be collected automatically. This automatically-collected information may include:

1. your IP address, your browser type and the type of operating system you use;
2. your activities while using the Modal Website, the pages you visit on the Modal Website, the time and date you access the Modal Website, the time you spend on portions of the Modal Website and if you linked from another website, the address of the linked website;
3. your ISP or mobile carrier, and the type of handheld or mobile device that you used. 

Cookies and Other Technologies.

Modal’s website, Modal’s App, online services, interactive applications, email messages, and advertisements may use cookies and similar technologies to help us better understand your preferences, shape your experience of our website, app, products, and services, and provide information about which parts of our Modal Website you visited. We may also use local shared objects and web beacons to help deliver cookies and gather usage and performance data.

“Cookies” are small alphanumeric identifiers sent from a web server that are stored on your device for the purpose of identifying your browser or storing information or settings in your browser. “Local shared objects,” sometimes known as Flash cookies or Flash LSOs, are used to store your website preferences and to personalize your visit to the Modal Website. Flash LSOs are distinct from browser cookies because of the amount and type of data stored.  A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, are tiny graphics with a unique identifier, similar in function to cookies. Web beacons are embedded invisibly on web and application pages. We may use web beacons in connection with our Modal Website and services to, among other things, track the activities of website visitors and application users, help us manage content, and compile statistics about website usage, and link web pages to web servers and their cookies.

One or more of these technologies may be used on the Modal Website, or by third parties in accordance with their own privacy policies to transmit information to you or about you and connect information about you from different sources, websites, devices, and mobile applications.

Google Analytics

We use a tool called “Google Analytics” to collect information about your use of the Modal Website. Google Analytics uses cookies that are stored on your computer to run an analysis of your use of the Modal Website. The information generated by the Google Analytics cookies, for example, how often users visit the Modal Website, your IP address, the pages that you may visit on the Modal Website, and information about other websites that were used prior to landing on the Modal Website is transmitted to Google in the US and may be stored there. However, the information we receive from Google Analytics is used to improve the overall user experience of the Modal functionalities and Modal Website. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google may transfer certain information it collects to third parties if required to do so by law or where such third parties process such data on behalf of Google. Google provides that they will never combine your IP address with other data Google may hold.

Google’s ability to use and share information collected by Google Analytics about your visits to the Modal Website or through your use of a Modal functionality, is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent cookies from being installed by adjusting the settings on your browser or recognizing you on return visits to the Modal Website by disabling cookies on your browser.

Third-Party Sources

We may collect information from third parties, such as dealers, sellers, manufacturers, certain government agencies, credit reporting agencies, vehicle history services, insurance companies, and other data sources.  We may add information that you provide to us with information we receive from other sources, as well as with other information that is automatically collected. The combined information may include information about your use of a Modal functionality, the Modal Website, and/or your use of dealer or seller websites, devices, and mobile applications.

How We Use Your Information

We may use the information we collect to:

1. operate our online products and services, including the management of your user information;
2. provide customer and technical support;
3. communicate with you about your purchase of products or services;
4. perform data analytics and trend analysis;
5. evaluate and improve our business, including developing new products and services and analyzing the effectiveness of products, services, applications and websites;
6. protect against fraud; and
7. comply with and enforce applicable legal requirements, relevant industry standards and our policies, including this Privacy Policy.

Further, we may also combine information that we have about you. For example, we may combine:

• Information we obtain through automated means with information you provide to us; and
• Information we may receive from a third-party with information we have collected from you.

Dealers, Sellers, and Other Third Parties

We may share certain information about you, including personal information, with dealers, sellers, and other third parties such as manufacturers, as well as their agents and third-party service providers, who will use that information in accordance with their own privacy policies. By way of example, we may provide dealers, sellers, and other third parties, such as manufacturers, their agents, or third-party service providers with information about you when you access the Modal branded and/or Modal functionality found on their websites or other third party websites. Further, we may provide dealers, sellers, third-party providers, and/or manufacturers with information about you if you are interested in purchasing certified pre-owned vehicles.

Social Media Widgets

The Modal Website may include widgets from social media providers that may allow content sharing or other interactions by their users.  Social media networks such as LinkedIn and others may collect information about you, even when you do not explicitly activate the network’s application. The privacy policy of the social media network controls the collection, use, and disclosure of all personal information transmitted to that network. Kindly visit the applicable social media network’s privacy policy to better understand their data collection practices.

Information Sharing

We do not sell or otherwise share information about you that we collect or receive, except as described below:

1. We may share information if we believe we are required to do so to establish, exercise or defend our legal rights or for the purpose of investigating suspected or actual illegal activity or fraud. For example, we may share information in response to a subpoena, court order, or in response to requests by a government agency or investigatory body.
2. We may share information with any successor to all or part of our business. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation);
3. We may engage third parties to provide the products and/or services offered through or in connection with the Modal Website for us. We require such providers to maintain information about you as confidential and to use the information only to perform the services specified by us in a manner consistent with this Privacy Policy.
4. Certain information about you, including personal information, may be shared with dealers and manufacturers, and/or their agents and third-party service providers to provide you with the products or services you require, and who will use that information in accordance with their own privacy policies. For example, we may provide dealer, manufacturers, their agents or third-party service providers, with information about you if you are buying certified pre-owned vehicles.

We may collect the following categories of your personal information for business and operational purposes, such as data security, product improvement, customer service, debugging, fulfillment, marketing, analytics, and servicing and maintaining accounts:

• Identifiers;
• Commercial information;
• Online activities;
• Geolocation data;
• Records of your interactions with us;
• Professional information;
• Education information;
• Demographics; and
• Preferences.

Credit

In the event that you apply for credit by filling out a credit application through the Modal functionality on a dealer website, through a dealer, or any third party, you will be required to provide certain personal information to finish the application. This information may include: your address, credit information and history, social security number, employment information and history, financial and other information. We may share your application information with the dealership(s) you selected and/or our financial partners to process your application and use it in accordance with their own privacy policies. Your personal information will not be used for interest based advertising by us.

Your Choices

You are entitled to make certain choices in connection with the personal information we may have about you, including:

1. Choosing not to provide personal information, even though it may impact your ability to register, receive or use a particular product or service.
2. Choosing to uninstall the Modal mobile app, if applicable, which stops the collection of all information automatically. You may use the standard uninstall process on your mobile device.
3. You have several options available with regard to your usage of Cookies and Other Technologies. The majority of web browsers automatically accept cookies, but you may generally modify your browser’s setting to decline cookies. You may also deactivate certain web beacons by rejecting their associated cookies and disabling or deleting similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or opting out. Certain features of the Modal Website may not function properly or at all as a result of the above disabling actions.

Notice to California Residents

This Notice for California Residents supplements the information contained in the Privacy Policy and applies solely to consumers who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. Below is a description of your CCPA rights and an explanation of how to exercise those rights

Access to Specific Information

California residents have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once you submit and we confirm your verifiable consumer request, we will relay to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• The business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).

• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

California Civil Code Section 1798.83 entitles California users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties’ direct marketing purposes. California users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices may contact us at support@modalup.com.

Deletion Request

California residents have the right to request that we delete any of your personal information that we collected about you and retained, subject to certain exceptions in the CCPA. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exception applies, and we will direct our service providers to similarly delete your personal information from their records.

Right to Opt-Out of Sales

California residents have the right to opt-out of our sale of your personal information. To the extent that we sell your personal information, as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by sending an e-mail to support@modalup.com.

Verifiable Consumer Request: How to Exercise Your Rights

To exercise the access, data portability, and deletion rights described above, please submit a “verifiable consumer request” (defined below) to us by either:

• Calling us at (866) 200-6766 ext. 2; or
• E-mailing your verifiable consumer request to support@modalup.com.

Only you or someone you authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

A verifiable consumer request must:

• Provide enough information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
• Describe your request with enough detail that allows us to properly understand, evaluate, and respond to it.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. We will not be able to respond to your request or provide you with your personal information if we cannot verify your identity or ability to make the request and confirm the personal information that you are requesting relates to you. Sending a verifiable consumer request does not require you to create a user account. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity and/or ability to make the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. We will not deny you goods or services, charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, providing you a different level or quality of goods or services, or suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Do Not Track

There is currently no commonly accepted response for Do Not Track signals initiated by browsers, therefore we do not respond to them.

Contact Us

If you have any questions or comments about our Privacy Policy, how we collect and use your personal information, your choices and rights regarding its use, or you would like to exercise your rights under the CCPA and California law, please contact us at:

Website: https://www.modalup.com

Email: support@modalup.com

Address: Drive Motors, Inc. d/b/a Modal

235 Pine Street #850, San Francisco, CA 94104

How We Protect Personal Information

We maintain administrative, technical, and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use. Despite these protective measures, we cannot guarantee perfect security of networks, servers, and databases we operate or that are operated on our behalf.

Privacy of Children

The Modal Website products and services are not directed to children under the age of eighteen (18) and we do not knowingly collect personal information from children under the age of eighteen (18) through our products and/or services.

Privacy Policy Updates

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. Generally, we will post an updated version of the Privacy Policy on the Modal Website and indicate at the top of the Privacy Policy when it was most recently updated. If we make a material change to our Privacy Policy, we will take reasonable steps to notify you, such as sending an email or posting a banner on the Modal Website.

How to Contact Us

If you have any questions about this Privacy Policy or our privacy practices, or if you would like us to exercise your privacy rights, please contact us by e-mail at support@modalup.com or write to us at: Drive Motors, Inc. d/b/a Modal, 235 Pine Street #850, San Francisco, CA 94104

E-sign Disclosure

Revised February 2018

E-Sign and UETA Disclosure and Consent

Please read this Federal Electronic Signatures in Global and National Commerce Act (“E-Sign”) and Uniform Electronic Transactions Act (“UETA”) Disclosure and Consent carefully and keep a copy for your records. You can record your consent to the E-Sign Disclosure and Consent by placing a checkmark in the box on the webpage. By checking the boxes on the website you consent to the electronic delivery of the disclosures, agreements, change notices, terms and conditions and any other documents. You also agree that we do not need to provide you with additional paper (non-electronic) copies of the disclosures, agreements, change notices, terms and conditions and any other documents, unless specifically requested. Once you consent to the disclosures, you may request paper copies, which may result in a fee.

Electronic Delivery of Disclosures and Notices

In order to proceed with your application and to access, receive and retain the disclosures, agreements, change notices, terms and conditions and any other documents you must provide, at your own expense, an Internet connected device that is compatible with Modal’s application website (the “Website”) deployed at the time of access. Your device must meet the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the disclosures, agreements, change notices, terms and conditions and any other documents electronically each time you access and use the Website.

If you do not want to receive the disclosures, agreements, change notices, terms and conditions and any other documents electronically, you should exit the Website. If you do not consent to receiving these documents electronically, you will not be able to continue with your application via the Website.

System Requirements to Access Information

To receive an electronic copy of the disclosures, agreements, change notices, terms and conditions and any other documents you must have the following equipment and software:

1. A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
2. An Internet web browser which is capable of supporting 128-bit SSL encrypted communications, which requires a minimum web browser version of Microsoft® Internet Explorer version 6.0 (available for downloading at https://www.microsoft.com/windows/ie/downloads/default.asp) and your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meets these requirements.
3. you must have software which permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader® version 8.0 and above (available for downloading at https://www.adobe.com/products/acrobat/readstep2.html). Your access to this page verifies that your system / device has the necessary software to permit you to receive and access PDF files.

Withdrawal of Electronic Acceptance of Documents

You have the right to withdraw your consent at any time. To withdraw consent, you may send a request: (a) by email to privacypolicy@drivemotors.com and include the words “Opt Out” in the subject line and body of your e-mail, or (b) call (866) 200-6766. If consent is withdrawn, Modal reserves the right to discontinue your access to the Website, terminate any and all agreements with you, and/or charge you additional fees for paper copies. We may treat your provision of an invalid email address or the subsequent malfunction of a previously valid address as a withdrawal of your consent to receive electronic documents. 

Requesting Paper Documents

You have the right to request a paper copy of any document; we will not provide you with paper (non-electronic) copies of the documents unless specifically requested by you, or we otherwise deem it appropriate to do so. You will not incur a fee for paper copies. You can obtain a paper copy of an E-Document by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic communication to you. To request a paper copy, submit your request to us in writing at the address above. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any statement or account notice that you have authorized us to provide electronically. 

How to Update your Records

It is your responsibility to provide us with a true, accurate and complete E-Mail address, contact, and other information related to your application. You can update your E-Mail address, contact, and other information by sending a request: (a) by email to privacypolicy@drivemotors.com or (b) call (866) 200-6766.

Federal Law

You acknowledge and agree that your consent to E-Documents is being provided in connection with a transaction affecting interstate commerce that is subject to the Federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

Termination/ Changes

We reserve the right, in our sole discretion, to discontinue the provision of your E-Documents or to terminate or change the terms and conditions on which we provide E-Documents. We will provide you with notice of any such termination or change as required by law.

Acknowledging your Access and Consent to Receive Materials Electronically

To confirm to us that you can access this information electronically, which will be similar to other electronic records that we may provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference. and access. Further, if you consent to receiving Records in electronic format on the terms and conditions described above, please let us know by checking the 'I agree' box.

By checking the 'I agree' box, I confirm that:

1. l can access and read this E-Sign Disclosure and Consent; and
2. I can print on paper the E-Sign Disclosure and Consent or save or send the disclosure to a place where I can print it, for future reference and access; and
3. I agree to the terms and conditions in this E-Sign Disclosure and Consent; and
4. I agree to engage in electronic transactions and sign records electronically; and
5. Until or unless I notify Modal as described above, I consent to receive through electronic means all notices, disclosures, agreements, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Modal during the course of my relationship with you.
    
   
   

TCPA Disclosure

Revised February 2018

Telephone Consumer Protection Act Disclosure and Consent

To ensure that consumer’s inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded by us and any of our affiliates, agents, assigns and service providers, to enhance service to you.

You can record your consent to the TCPA Disclosure and Consent by placing a checkmark in the box on the webpage. By checking the boxes on the webpage, you consent to this monitoring and recording. You also agree that Modal may from time to time make calls and/or send text messages to you at any telephone number associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that Modal may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. Consent may be revoked at any time and by any reasonable means.