Modest Tree Privacy Policy

Thank you for downloading from the Modest3D software suite (“Software”) and/or using the Modest Tree website (“Website”)! The Software and Website are developed and duly owned and operated by Modest Tree Media Inc and its subsidiaries and affiliates (collectively “Modest Tree”), with head offices in Halifax, Nova Scotia, Canada.

Modest Tree is an award-winning software company that is focused on creating virtual reality, augmented reality, and 3D interactive solutions. Our Software, a 3D visualization software suite to rapidly create 3D eLearning applications, made us an industry leader in the development of customized, immersive training and marketing solutions for original equipment manufacturers and clients in the medical, aerospace, and defence industries.

This page is used to inform you of our policies for the collection, use, and disclosure of the Personal Information of anyone who downloads or uses our Software or Website (“Users”). For the purposes of this Privacy Policy (“Policy”), Personal Information means any information that specifically identifies you as an individual. This includes but is not limited to your name, address, telephone number, email address, location information, demographic information, and IP address. Personal Information does not include aggregate information, which is data we collect about the use of our Website and our services, or anonymized information.

It is the policy of Modest Tree to respect your privacy and the privacy of all Users of our Software. Our guiding principle is that any information we collect from you will be treated with the utmost care and respect, and every effort will be made to ensure the information is kept private. This Policy has been established to help you, the User, understand our commitment to protecting your privacy and the steps we take to ensure that we do. Modest Tree reserves the right, at any time and without prior notice, to modify the Policy.

For purposes of this Policy, Software also includes any updates and upgrades that Modest Tree may provide, make available to you, or that you obtain after the date that you originally obtained the Software, to the extent that such items are not accompanied by a separate Privacy Policy.

By accessing, installing, or using this Software or any part thereof, you agree to this Policy. You have also explicitly accepted the Policy upon your installation and launch of the Software or any part therefor for the first time. If you do not agree to this Policy, do not use or access the Software and delete it from the device on which the Software was installed (“Device”).

If you have any questions about the Policy, information collected during subscription to the Software, or your dealings with the website, please contact us at privacy@modesttree.com

COLLECTION OF INFORMATION

1. Collection of Personal Information. Modest Tree does not gather any of your Personal Information while you are using the Software, except as provided for in this Policy. Where certain information is collected, it will only be used for the stated purpose.

2. Collection Methods. Modest Tree collects the Personal Information of its Users in two primary ways:

   1. Actively: When Users actively provide us with information, such when a User creates an account in the Software, it may require the User to enter basic demographic, location, and identification information.

   2. Passively: When our systems automatically collect and record information, including about browsers, Devices, and activity within the Software, on our server to help diagnose issues or make improvements to our Software and help determine the browsing habits of visitors.

3. Cookies. The Modest Tree website (www.modesttree.com) uses cookies for Google Analytics web traffic tracking purposes (“Analytics”).

   1. We may use both session ID and persistent cookies.

      1. A session ID cookie expires when you close your browser. We may use session cookies to make it easier for you to navigate our website.

      2. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your internet browser’s “help” file. We may set a persistent cookie to store your login state, so you do not have to enter your password repeatedly. It can also store information like language preference.

   2. Analytics collects information anonymously and reports website trends without identifying individual visitors.

   3. Analytics uses its own cookies to track visitor interactions and store information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page.

   4. The use of cookies does not require, nor do we request or collect using cookies, any information that personally identifies you or allows you to be personally contacted unless you voluntarily provide it.

   5. If you voluntarily provide Personal Information, we will be clear at the time of the collection what purpose it serves

   6. We do not link the information we store in cookies to any Personal Information you submit while on our Website.

   7. As Modest Tree may use third party service providers to deliver and facilitate our services, Users are subject to the terms and conditions of provided by that third party and Modest Tree is not responsible for those interactions. For further clarification and examples, see Section 7 of this Policy.

4. General Information Transfer. Any information or data the Software collects may be stored locally on your device. Modest Tree may obtain this information as a result of the data being sent to our servers from the Software.

USE OF INFORMATION

5. General Use. We primarily use the information we collect to provide, administer, operate, and improve our Software and Website.

   1. We may also use it to provide individualized support, protect Users from fraudulent activity, create personalized User experiences, perform analytics research to improve the overall User experience, create and share aggregate usage statistics, deliver both general and targeted marketing and advertising, inform Users of new products, contact Users with information we think would be of interest, and where we believe it is necessary or appropriate given the law, government authorities, enforcement of contracts, protection of rights, and protection of our operations, amongst others.

   2. This list is not exhaustive.

6. Permissions. The following is a list and associated description of what functions on the Device may be accessed and/or modified by the Software:

   1. Internal Microphone: Internal Microphone: Access to the microphone on your Device allows the Software to record and transmit audio with the microphone. This permission allows the Software to record and transmit audio at any time without your confirmation.

   2. Contents of the SD card, internal storage, and/or hard drive: Access to the SD card, internal storage, and/or hard drive on your Device allows the Software to write to, delete from, modify, and/or read the contents of the relevant storage drive.

   3. Network: Access to the network allows the Software to create network sockets and use custom network protocols.

   4. Third party hardware: Access to other third party hardware may be required should the User wish to use, for example, an external hard drive or external microphone in lieu of their relevant internal counterparts.

7. Third Parties and Agents. We may use third party services to deliver or facilitate certain services. Your interaction with these third party service providers is subject to the terms and conditions provided by that third party. Modest Tree is not responsible for these interactions.

   1. For example, we may use a credit card processing company to bill you for the Software or our services, or we may invoice you for services. Credit card processing companies do not retain, share, store, or use Personal Information for any other purposes. Your interaction with any third-party payments service, such as PayPal, is subject to the terms and conditions provided by such third party.

8. Opt-Out. We provide you the opportunity to opt-out of having your Personal Information used for certain purposes, when we ask for this information. For example, if you purchase from the Website but do not wish to receive additional marketing material from us, you can indicate your preference on our order form.

DISCLOSURE OF INFORMATION

9. Non-disclosure of Personal Information. Except as provided in the following paragraph and following section, Modest Tree does not divulge any Personal Information gathered via the Software or the Website to third parties. Moreover, Modest Tree does not sell any information regarding its Software and Website Users. Only the employees, directors, officers, subcontractors, and/or representatives of Modest Tree are responsible for the management and development of the Software and Website and only these individuals have access to the information collected therein. All those with access to this information have been instructed to comply with this Policy.

   1. Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted:

   1. In response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands;

   2. If we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person;

   3. If we believe it is necessary to comply with important and legitimate requests from public and government authorities;

   4. If we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Software and/or Website infrastructure or the Internet in general;

   5. If we believe it is necessary to protect our rights, privacy, safety, operations, or property, and/or that of our subsidiaries, affiliates, Users, or others;

   6. To subsidiaries, affiliates, partners, joint ventures, third party service providers, or other companies under common control with Modest Tree, in which case we will require such entities to honour this Policy; and

   7. If Modest Tree is acquired by or merged with another entity, in which case we will require such entity to assume our obligations under this Policy.

10. Public Forums. Modest Tree currently uses a public forum (“Forum”) for support-related questions that can be found at support.modest3d.com. Any information that is disclosed on this Forum becomes public information and Modest Tree is not responsible for the comments, opinions, or actions of any individual or User on this Forum.

    1. As any information posted on this Forum becomes public information, Users should exercise caution when deciding to disclose their Personal Information on these platforms.

    2. Modest Tree is not responsible for any comments or other expressed opinions or actions of any individuals on these Forums.

    3. Should Modest Tree make additional Forums, such as chat rooms, news groups, message boards, and/or other similar Forums or public platforms, available to its Users on its Website and/or Software at any point in the future, any and all of these Forums will be held to the same cautions provided above, all information posted on these Forums will become public information, and Modest Tree will not be responsible for any comments or other expressed opinions or actions of any individuals on these Forums.

GENERAL

11. Children’s Privacy. Our Software and Website are intended for general audiences. Modest Tree does not knowingly collect any Personal Information from children.

    1. If any party becomes aware that a child under the age of 13, or under the age of 16 in the European Economic Area, has provided us with Personal Information in contravention to our policies, they should contact us at privacy@modesttree.com.

    2. Some third parties, such as platform providers like the iTunes Store or Google Play, may provide age-based ratings for our Software. These ratings shall have no bearing on this limitation.
    3. Third parties may also provide content categories on our Software. These categories shall have no bearing on this limitation.

12. External Links. The Modest Tree Software and/or Website may contain links to other sites. Modest Tree is not responsible for the privacy practices or the content of such websites and further asserts that there are no written or expressed assurances as to the legality and security of said sites. This Policy applies only to information collected by our Software and Website.

13. Uninstall. Uninstall methods for our Software may vary depending on your Device. Modest Tree has no control over these functions aside from those functions directly integrated in our Software and denies any responsibility of your use thereof, and any data or Personal Information sent to third parties as a result of said activities.

14. Accessing, Updating, and Deleting Your Information. Modest Tree provides a number of ways for Users to access, update, and delete their information, depending on what information is in question.

    1. For manual management of actively collected information within the Website and/or the Software, Users can simply go to their Account and either edit their Personal Information or delete their account.

       1. Information is not automatically deleted when a User deletes their account.

       2. If a User would like their information to be permanently deleted following the deletion of their account, they can request that their information be deleted by emailing us at privacy@modesttree.com

       3. Users cannot use our Software without an account.

    2. To access, update, or delete passively collected information gathered on our Website and/or Software or to delete actively collected information following deletion of a User account, the User must contact Modest Tree at privacy@modesttree.com and request the desired changes to their information.

    3. Certain financial recordkeeping information may be maintained in our systems after a User requests that their information be deleted if we have a legitimate legal and/or financial interest in maintaining such records.

15. User Choices about the Collection and Use of their Information. Users have a number of choices to make regarding the use and collection of their information:

    1. You always have the option to refrain from using the Software and/or Website or to discontinue using the Software and/or Website if you do not want information collected about you.

    2. You can choose to use the Software and/or Website in a manner that limits the data we actively collect by only providing required information.

    3. You can access, update, and delete your information as described in the section 14.

    4. You can opt out of marketing and advertising communications such as email by following the instructions in any marketing message you receive; but

       1. Modest Tree reserves the right to send a message confirming your opt-out.

       2. Users who opt-out of marketing messages may still receive administrative, relationship, or transactional messages such as but not limited to a notice of changes to our Policy.

16. Risks Associated with the Internet or Wireless Data Transmission. Modest Tree employs a variety of measures to safeguard the collection, storage, use, disclosure, and transmission of the information we collect. These measures vary depending on the sensitivity of the information and the current state of technology.

    1. Despite our best efforts, however, complete confidentiality and security cannot currently be guaranteed on the Internet and/or where data is transferred via wireless digital technology of any type. No system can be guaranteed to be 100% secure.

    2. Communication in this manner is subject to interception, loss, or alteration and while Modest Tree strives to employ reasonable protections for your information where appropriate to its sensitivity, we cannot guarantee or warrant the security of the information you share with us and cannot be held responsible for damages to and of your information.

       This includes but is not limited to theft, destruction, loss, or inadvertent disclosure of your information.

    3. You accept these realities at your own risk.

17. Limitation of Liability. Modest Tree and/or its respective officers, directors, owners, officials, partners, partnerships, principals, employees, affiliates, and/or other related entities, servants, agents, representatives, successors, subcontractors, and assigns, will not be held liable for any damages resulting from the misuse of any information collected through the Software and/or Website by any third party, or any misuse of any information collected through the Software and/or Website not in violation of the Policy.

18. Changes to this Policy. Modest Tree reserves the right to, from time to time and as necessary, change any aspect of this Policy.

    1. When changes are made, Users will be informed of the changes and will, by continued use of the Software or Website, agree and submit to the new version of this Policy and the changes therein.

    2. Changes can be made and applied to any part of this Policy.

    3. Any changes that are made to this Policy will apply with respect to the information you provide, both passively or actively, and your activity on the Website after the relevant changes are made.

    4. It is the responsibility of the User to review this Policy from time to time and to ensure they are aware of any changes that are made.