Privacy Policy.

Introduction.

Last Updated: May 25, 2018
Modular Robotics, Incorporated. (“Modular Robotics”, “we” or “our”) is committed to protecting your privacy. This Privacy Policy describes how we collect, use, and disclose information from users of our main website and other sites under the ModRobotics.com domain, located at www.modrobotics.com (including any subdomains or versions, the “Site”), the applications linking to this Privacy Policy (the “Applications”), and the services provided through the Site (together with the Site and Applications, the “Services”).

Several of our products’ applications have their own additional privacy policy, available in the respective application.

This Privacy Policy does not apply to websites, applications, or services that display or link to different privacy statements; in the event of a conflict or inconsistency between this Privacy Policy and a product/application’s privacy policy, the latter will govern.

1. Acknowledgement.

Your use of any of our Services indicates your acknowledgement of the practices described in this Privacy Policy. We may update it from time to time, and we will provide notice of these changes if we believe it is necessary. Unless we require your consent, you agree those updates by continuing the use the Services.

2. Types of Data We Collect.

We may collect and process information that relates to identified or identifiable individuals (“Personal Data”). We collect and process the following categories of Personal Data (note, specific Personal Data elements listed in each category are only examples and may change):

a. Information You Provide to Us

Identity Data

First name, last name, age or birthday, gender, username/password

Contact Data

Email and mailing address

Payment Data

Credit card, bank account, or other information used in payments

User Content

Text inputs, images, audio/videos recordings, or other content you provide to the Services

Job Data

Information you include if you apply for a position at Modular Robotics, like resume, personal and contact information, social profiles, and any additional files you submit.

Social Media Data

We may collect Personal Data when you interact with our advertisements and other content on third-party sites or platforms, such as social networking sites. This may include information such as “Likes”, demographic information, or the fact that you viewed or interacted with our content.

b. Information We Collect Automatically

Device & Application Data

Data about the device you use to access our Services, e.g. device type, its software version, or carrier

Data about your Cubelets (serial numbers, Cubelet types, software versions installed

Data about Applications in use, such as diagnostic data, crash reports, etc.

Usage Data

Data about the use of our Services, including analytics information how you use our Services, e.g. information on how long users stay or what you do on our Site, whether a page or email was loaded/opened, and the like

3. How We Process Data.

Subject to your Rights and Choices below, we generally process your data in the following ways:

A. To Provide our Services

We generally use the Personal Data as necessary to provide our Services or complete the transactions you request. For example:

We use identity and contact data to create your account, where applicable.

When you make a purchase on our webstore, we will process the identity data, payment data, and contact data you give us that is necessary to complete the transaction.

If you provide us feedback or contact us via email, we will use your contact data and user content to help carry out your request.

When you make postings on our Forums, comment on our blog posts, or our social media pages, the contact information and user content you give us will be stored on our third-party servers and other users may be able to see it.

When you interact with the Services, we use usage data to understand what you like and don’t like in order to improve the services.

If you apply to work at Modular Robotics, we use the Job Data to evaluate your application and contact you about it.

B. Product Operation

Cubelets can be connected to a computer or mobile device via Bluetooth which enables reprogramming, remote control, and other features. Many of the features this connection enables require that your device exchange data with our servers about your Cubelets including software & hardware versions and serial numbers.

C. Analytics

We are always working to improve our Site and want to keep visitors informed about our products and Services. For example:

We use usage data when you visit our Site to manage traffic and help us understand and improve the design, usability, and other aspects of our Site.

We use usage data and device data to help improve our Application and Services, internal operations, and systems.

D. Marketing Communications

We use your Contact Data for promotional marketing if you have purchased a product or agreed to receive such emails. For example, if you have chosen to provide your Contact Data, we may send you newsletters, surveys, offers, and other promotional materials related to our Services, and for other direct marketing purposes. We do this to promote our products and issue our direct marketing.

E. Behavioral Advertising

We, and certain third parties operating on or through our Site, may engage in online behavioral advertising. This form of advertising includes various parties and service providers, including third-party data controllers, engaged in the processing of personal data in connection with advertising. We may collect usage data and social media data from you and provide it directly to a third party for targeting on a third-party platform. Sometimes, these third parties may collect this information directly (e.g. a Facebook “Like” button).

The parties that control the processing of Personal Data for behavioral advertising purposes may build a profile of you containing this information and may be able to identify you across sites, devices, and over time. These services may also track whether you view, interact with, or how often you have seen an ad, or whether you complete a purchase for a good or service you were shown in an advertisement. See your Rights and Choices below, or Facebook or Twitter’s privacy policies, for information about how you can limit or opt-out of this processing.

F. Support Requests

We use information you give us in connection with your support requests, for example, to help solve issues, troubleshoot our products and services, manage your account, or respond to your inquiries.

If you are a child under applicable law, we will only contact you regarding support in compliance with applicable law.

We may use third parties to help provide support to you.

G. Consent

We may use any Personal Data you give us by consent in accordance with that consent. For example, if you provide Job Data, we will use it to evaluate your application.

4. Cookies and Similar Technology.

To make our Site and Services more useful to you, we and certain third parties may process usage and other data when you interact with cookies and similar technologies on our Site. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.

“Cookies” are small pieces of information that a website stores on your computer’s hard drive while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site and Services. You may remove persistent cookies by following Internet browser help file directions. Web beacons are electronic images that we use on our Sites and Services and in our emails that, when loaded, provide us with information, such as where users navigate on a Site, or whether an email is opened. See below for your choices regarding these technologies.

We generally use usage data, cookies, and similar technologies as follows:

for “essential” or “functional” purposes, such as to enable various features of the Services like remembering passwords or staying logged in during your session;

for social media integration e.g. via third-party social media cookies, when you engage with our content on or through a social networking website such as Facebook or Twitter;

for analytics purposes, consistent with our legitimate interests in how our Services are used or perform, how users engage with and navigate through the Site, what sites users visit before visiting our Site, how often they visit our Site, whether an email was received or opened, and other similar information; and subject to any consent required by law, for the purpose of displaying advertisements via retargeting to those users who have visited our Site, or for targeting advertising to visitors to our Site. 5. Data Sharing

We may share information we collect with a variety of parties, depending upon the purpose for and context in which you provided that information. We generally share data with the following types of recipients:

A. Service Providers

In connection with our general business operations and Product/Service improvements, to enable certain features, and in connection with our other legitimate business interests, we may share your Personal Data with service providers or sub-processors who provide certain services or process data on our behalf. See the Data Processor List below for more information.

B. Affiliates

In order to streamline certain business operations and develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant Products and Services, we may share your Personal Data with any of our current or future affiliated entities or subsidiaries.

C. Marketers

In order to deliver certain advertisements and develop better Products and Services, we may share certain Personal Data collected from our Site (as described in the Cookies and Similar Technology section above) with trusted third parties for marketing, advertising, or similar commercial purposes.

D. Corporate Events

Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.

E. Legal Disclosures

In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or to protect the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.

5. Data Processor List.

AWS Hosting provider All Amazon Web Services Privacy Policy U.S. Google Cloud Cloud services for Product Data (no Personal Data) All Google Cloud Privacy Policy. U.S. Braintree Webstore payment processing Shopify’s privacy policy U.S. SendGrid Email marketing and ads Email Sendgrid privacy policy U.S. Youtube Video hosting Edu Youtube Privacy Guidlines U.S. Google Web analytics and remarketing Site Google Privacy Policy U.S. ShipStation Order Shipping LiquidWeb Website Hosting SalesForce Customer Relationship Management Desk.com Customer service Pardot Marketing Automation Signifyd Fraud Detection/Prevention PerfectAudience Remarketing

6. Your Rights and Choices.

You, or your parent/guardian (if you are a child), may exercise the below Rights and Choices by emailing us at dpo@modrobotics.com. Our mailing address is Modular Robotics, Inc., Attn: DPO, 1860 38th Street, Boulder, CO 80301.

A. Your Rights

Subject to the rights granted to other individuals, and our rights to limit or deny access/disclosure under applicable law, you have the following rights in your Personal Data. We may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to prove your identity. Note: we may not have access to or control over all or some Personal Data controlled by education partners and others. Please contact these third parties directly for data rights requests regarding information these third parties control, and we will assist the you as appropriate in the fulfillment of your request.

Access You may receive a list of your Personal Data that we process to the extent required and permitted by law.

Recitification You may correct any Personal Data that we hold about you to the extent required and permitted by law. You may be able to make changes to much of the information you provided directly to the Application or Service via your account settings menu.

Erasure To the extent required by applicable law, you may request that we delete your Personal Data from our systems. You may request erasure of your Contact Data by emailing us at dpo@modrobotics.com.

Data Export To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.

Objection Where we process data in accordance with our legitimate interests, you can object to that processing to the extent allowed by law. You can stop future collection of all data by the Application by uninstalling it.

Regular Contact You have the right to contact or file a complaint with regulators or supervisory authorities about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.

California Rights Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. This request must be written, signed, and mailed to us at the address above.

B. Your Choices

You may use some of our Services without providing any Personal Data, but you may not be able to access certain features or view certain content. You have the following choices regarding the Personal Data we process:

Consent If you consent to processing, you may withdraw your consent at any time, to the extent required by law.

Direct Marketing You may opt out of or withdraw your consent to direct marketing communications. You may cease direct marketing from us in relation to any Service that collects your email by emailing support@modrobotics.com, or by clicking the unsubscribe link in any promotional email we send you.

Cookies & Similar Tech If you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu. Please note this does not necessarily opt you out of being delivered advertising. You may continue to receive generic ads. You must opt out of third party services directly via the third party. You may view a list of other third party service providers who collect information, and/or opt out of such collection of information about you, by visiting https://www.networkadvertising.org/choices/ or https://www.aboutads.info/choices. Please note, at this time, our Service does not respond to your browser’s do-not-track request.

7. Data Retention.

Subject to the earlier exercise of your Rights and Choices, we will store your Personal Data as long as you have an account on the Services. We may keep your email as long as you do not revoke your consent to direct marketing. We will store your Site Data as long as we deem reasonably necessary to provide the Services. We store log data, which may contain Personal Data, for less than 3 months. We are developing ways to retain your data for shorter periods, and will update this Privacy Policy accordingly.

8. Security.

We use appropriate technical and organizational means to protect your Personal Data. For example, we use SSL to encrypt data in transit. We encrypt passwords at rest. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure and we do not warrant complete security of your Personal Data or the Services. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us is compromised), please immediately notify us of the problem.

9. International Transfers.

We operate in and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework. Contact us for more information regarding the mechanisms to ensure adequate protection of data subject to EU Law.

10. EU Users.

A. Controller

Modular Robotics Incorporated, a Delaware corporation, is the data controller for Personal Data collected under this Privacy Policy. In certain cases (e.g. when we partner with resellers, schools or shipping service providers) our partner may be a joint controller with respect to certain Personal Data we provide it.

B. Legal bases for processing

The legal bases of our processing of your Personal Data are in the table below. If you have questions about the legal basis of how we process your Personal Data, contact us at dpo@modrobotics.com. For more information on specific legitimate interests for processing by our Applications or toys, see their respective privacy policies.

Processing purpose Legal Basis Use: Analytics Marketing Communications Behavioral Marketing Customer Support Cookies and Similar Technologies Disclosure: Service Providers Affiliates Marketers Corporate Events These processing activities are within our legitimate interests, including without limitation: Direct marketing Personalization and customization of the Services for individual users Determining the effectiveness of marketing campaigns Localizing our Services Creating, supporting, providing, and supporting innovative Products, Applications, and features that enable people, including children, to enjoy our Products and Applications and promote their well-being; and Securing our Services and network, investigating suspicious activity or violations of our Terms of Use or policies; and protecting the safety of Personal Data, including preventing exploitation or other harms to which users may be particularly vulnerable. We balance our interests with any potential impact on you when we process your Personal Data for our legitimate interests. You may object to this processing as permitted by applicable law. Disclosure: Legal Disclosures Processing is necessary to comply with our legal obligations, for example, tax laws, fraud reporting, etc. Use: Consent Cookies and Similar Technologies Where we rely on your consent you have the right to withdraw it anytime in the manner indicated in the Services or by contacting us at dpo@modrobotics.com.

C. Privacy Shield & Dispute Resolution

We comply with the principles of the Privacy Shield Framework. Our adherence to Privacy Shield reflects our commitment to protect the privacy of our EU users when we collect, process, and transfer Personal Data collected from EU citizens. We adhere to the Privacy Shield principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse/enforcement/liability.

Furthermore, we require third-party recipients of EU citizens’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU citizens’ data to the extent required by law.

10. Contact Information.

Modular Robotics welcomes your comments or questions regarding this Privacy Policy. Please contact us at:

Modular Robotics Attn: Legal, Privacy Policy 1860 38th Street Boulder, CO 80301

info@modrobotics.com

Modular Robotics’ Data Protection Officer may be reached at dpo@modrobotics.com. Please include “Attn: Data Protection Officer” in your email.