Privacy Policy

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Legal Terms & Privacy

Last Updated: March 11, 2024

TRUSTe

Introduction

Welcome to ModusLink’s privacy policy.

Privacy Notice Supplement for California Residents

ModusLink respects your privacy and is committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal information and tell you about your privacy rights and how the law protects you. This Privacy Policy applies to our website visitors and anyone who engages with our services. You may be asked to provide your personal information anytime you are in contact with ModusLink, including, for example, by contractually engaging us to provide services and/or visiting our websites (regardless of where you visit from). ModusLink may share this personal information and use it consistent with this Privacy Policy. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from our websites.

This Privacy Policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this Privacy Policy.

  1. IMPORTANT INFORMATION AND WHO WE ARE
  2. THE INFORMATION WE COLLECT ABOUT YOU
  3. HOW IS YOUR PERSONAL INFORMATION COLLECTED
  4. HOW WE USE YOUR PERSONAL INFORMATION
  5. DISCLOSURES OF YOUR PERSONAL INFORMATION
  6. INTERNATIONAL TRANSFERS
  7. INFORMATION SECURITY
  8. INFORMATION RETENTION
  9. YOUR INFORMATION ACCESS RIGHTS
  10. GLOSSARY

Important Information and Who We Are

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how ModusLink collects, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about your personal information  through your use of the ModusLink corporate website at www.moduslink.com, its subdomains or in connection with www.poetic-software.com, a ModusLink software solution (collectively, “ our websites”), including any information you may provide through our websites when you register to download a white paper or other prepared information, when you complete one of our online forms, use our chat feature to communicate with our customer service team, when you request a demo of our eStarter Storefront Solution, or when you apply for one of our available positions at ModusLink.

Please note that our websites are not intended for children. No one under age 18 may provide any information to or on our websites. We do not knowingly collect personal information from children. If you are under 18, do not use or provide any information on our websites or on or through any of its features, use any of the interactive features of our websites or provide any information about yourself to us, including your name, address, telephone number, or email address.  If you are a parent or guardian of such a child and become aware that your child has provided personal information to us, please contact us as described in this Privacy Policy and we will take reasonable steps immediately to remove any such information. If you believe we might have any information from or about a person under 18, please contact us clicking here.

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your information. This Privacy Policy supplements the other notices and is not intended to override them.

Controller

This Privacy Policy is issued on behalf of the ModusLink Corporation. ModusLink Corporation is the controller and responsible for our websites.

We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your rights as provided under “Your Legal Rights” below, please contact our DPO using the details set out below.

Third-party links

Our websites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy policy of every website you visit.

The Information We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal information about you which we have grouped together follows:

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this privacy policy.

Other than as required by law as part of your employment application, we do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life  sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences, except where germane to your employment application.

If you fail to provide personal information

Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cease the provision of a product or service you have with us, but we will notify you if this is the case at the time.

How Is Your Personal Information Collected

We use different methods to collect information from and about you including through:

How We Use Your Personal Information

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

Please see the table below to find out more about the types of lawful basis that we will rely on to process your personal information.

Generally, we do not rely on consent as a legal basis for processing your personal information other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by clicking here.

Purposes for which we will use your personal information

We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information. Please contact us by clicking here if you need details about the specific legal ground we are relying on to process your personal information where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer (a) Identity
(b) Contact
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or Privacy Policy
(b) Asking you to leave a review or take a survey
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to complete a survey (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
To process your application for one of our available positions (a) Identity
(b) Contact
Necessary for our legitimate interests (to assess your professional credentials against the needs of a particular role).
To make suggestions and recommendations to you about products or services that may be of interest to you (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. We have established the following personal information control mechanisms:

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal information with any company outside the ModusLink Corporation of companies for marketing purposes, including service providers who perform marketing services on our behalf, such as conducting surveys, sending communications to you on our behalf, or serving advertisement to you.

Third-party use of cookies and other tracking technologies

Some content or applications on our websites are served by third parties, including content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our websites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based advertising or other targeted content.  We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

If you are based in the United States you can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website at https://optout.networkadvertising.org/. If you are based in the European Union you may visit the website of the European Interactive Digital Advertising Alliance (“EIDAA”) at https://edaa.eu/ as well as of the European Advertising Standards Alliance (“EASA”) at https://www.easa-alliance.org/.  You may also opt out of interest-based advertising by participating companies in following consumer choice mechanisms: https://feedback-form.truste.com/watchdog/request..

Please note that you will continue to see advertisements, but they will no longer be tailored to your interests.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Do Not Track “DNT” Signals

While we take all reasonable steps to protect the privacy of our Website visitors, we cannot promise that the current limitations of our online applications programming will address every browser setting or honor every persona browser preference. In particular, we have not implemented the necessary program changes to honor “Do Not Track” or “DNT” browser signals. As our online applications programming is refined, we will take all reasonable steps to honor such requests in the future. Please return to this Privacy Policy for further updates on this topic.

Cookies

We and our service providers use technologies on our sites and services to collect information, such as time spent on page, OS operating system, device, pages visits, internet protocol (IP) address, browser type and version, that helps us improve the quality of our sites and services and the online experience of our visitors and users. In this Privacy Notice, we refer to these technologies, which include cookies (small text files stored on your computer or mobile device to remember your actions or preferences over time) and tracking technologies, such as JavaScript and similar technologies from third party providers, collectively as “cookies.” Cookies allow us to personalize your return visits to our sites and services and to save you time during certain activities, such as remembering your user preferences.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us by clicking here.

If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of Your Personal Information

We may have to share your personal information with the parties set out below (under the Third Parties section in the Glossary) for the purposes set out in the table in under “Purposes for which we will use your personal information” above.

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

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

International Transfers

EU and Swiss Residents: EU and Swiss Residents: EU and Swiss residents: We share your personal information within the ModusLink Corporation. This will involve transferring your information outside the European Economic Area (EEA).

Certain of our external third parties are also based outside the European Economic Area (EEA) so their processing of your personal information will also involve a transfer of data outside the EEA.

Whenever we transfer your personal information out of the EEA, we ensure an adequate degree of protection is afforded to it by ensuring that when we share your personal information within the ModusLink Corporation or with service providers, we may use specific contracts approved by the European Commission which give personal information the same protection it has in Europe. Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Data Privacy Framework: ModusLink Corporation complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  ModusLink Corporation has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF.  ModusLink Corporation has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

No Other Covered U.S. Entities and U.S. Subsidiaries:

ModusLink Corporation does not have any other U.S. entities or U.S. subsidiaries. No other U.S. entities or U.S. subsidiaries of ModusLink Corporation are governed by the Data Privacy Framework (or EU-U.S. DPF Principles, including the UK Extension to the EU-U.S. DPF, and Swiss-U.S. DPF Principles) . This means that no other U.S. entities or U.S. subsidiaries of ModusLink Corporation transfer personal data under the Data Privacy Framework.

ModusLink Corporation is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf.  ModusLink Corporation complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions.

The Federal Trade Commission has jurisdiction over ModusLink Corporation’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, ModusLink Corporation may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, ModusLink Corporation commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States.  If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint.  These dispute resolution services are provided at no cost to you.

For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.

 

Data Security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We may use encryption, secure socket layer, firewalls physical lock and key, internal restrictions, password protection and other security measures to help prevent unauthorized access to your personal information. We use standard security protocols and mechanisms for the transmission of personal data. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality.

No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for ModusLink or law enforcement to determine the scope of the breach and to assure or restore the integrity of the data system. ModusLink may delay notification if ModusLink or a law enforcement agency determines that the notification will impede a criminal investigation, unless and until ModusLink or the agency determines that notification will not compromise the investigation. If you have any questions about the security of your personal information, you can contact us by clicking here.

Data Retention

How long will you use my personal information for?

We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your information: see “Your Legal Rights” below for further information.

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal information, including the right to access your personal information. You also have the right to amend or update inaccurate or incomplete personal information, request deletion of your personal information, or request that we no longer use it.  You also have the right(s) request restriction of processing your personal information, to transfer of your personal information or to withdraw consent.

To find more about these rights, please read the Glossary. If you wish to exercise any of the rights set out above, you may contact us by clicking here.

Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.

Please note that for personal information about you that we have obtained or received for processing on behalf of a separate, unaffiliated entity–which determined the means and purposes of processing, all such requests should be made to that entity directly. We will honor and support any instructions they provide us with respect to your personal information.

Contact Details

If you have any questions or comments about this Policy or our privacy practices, please contact us using the details below. We will address all your questions or complaints within one month of receiving it.

You may contact our Privacy Office at privacy@moduslink.com.

Depending on your location, you may also contact us at the following:

US Residents: ModusLink Corporation, 2000 Midway Lane, Smyrna TN 37167, U.S.A.

Dutch Residents: ModusLink B.V., Wapenrustlaan 11-31, 7321 DL Apeldoorn, The Netherlands

Czech Residents: ModusLink Czech Republic s.r.o., CTP Park Brno, Tuanka 110/106, 627 00 Brno, Slatina, Czech Republic

Irish Residents: ModusLink Kildare Unlimited, Monasterevin Road, Kildare Town, County Kildare, Ireland

EU Data Subjects: you have the right to make a complaint at any time to your local supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made more than one requests. In this case, we will notify you and keep you updated.

Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal information where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in the ModusLink Corporation acting as joint controllers or processors and who are based in the United States of America and provide IT, HR, and system administration services and undertake leadership reporting.

External Third Parties

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.

Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the information’s accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Changes to the Privacy Policy and your duty to inform us of changes

This version was last updated on March 11, 2024 and historic versions can be obtained by contacting us.

We reserve the right to change the terms of this Privacy Policy at any time. When we do, we will post the revised Privacy Policy to our Website and the last revision date of revision will be updated so that you will always be able to understand what information we collect, how we use your information, and under what circumstances we may share your information with others. We will notify you of any material changes by way of a pop-up notice on our websites prior to the changes becoming effective and pointing the changes to your attention.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us by contacting us.

 

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Corporate Headquarters:
ModusLink Corporation
2000 Midway Lane
Smyrna, Tennessee 37167