Last modified: October 3, 2023

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INTRODUCTION

MODERNSPEAK Inc. (“MODERNSPEAK”, “we”) is an agency that represents some of the world’s top social influencers and travel content creators, connecting them with brands and campaigns designed to resonate and build trust. We provide the website located at https://www.modernspeak.co (the “Website”) for information and sales purposes including to display our content, talent, and network, reach potential leads, inform users of the Website, and provide a forum where we can be contacted.

We are committed to your [1] [2] privacy and to protecting it in accordance with this policy.

This policy describes:

●       The types of information we may collect from you or that you may provide when you visit the Site or connect with us through other means;

●       How we collect, use, disclose, and protect the personal information of our customers and website users (“you”); and

●       Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect, use, or disclose about you:

●       On our Website;

●       In email, text, and other electronic messages between you and MODERNSPEAK;

●       Through our social media channels;

●       When you enter into contractual relationships with us, including contractor and employment relationships, and in carrying out those services, duty, or employment;

●       When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this policy; and

●       Through any other means where you come into contact with MODERNSPEAK.

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

Please read this policy carefully to understand our policies and practices for collecting, processing, and storing your information. If you do not agree with our policies and practices, your choice is not to use MODERNSPEAK.

By accessing or using the Website, you indicate that you understand, accept, and consent to the practices described in this policy. This policy may change from time to time in accordance with this policy. Your continued use of the Website after we make changes indicates that you accept and consent to those changes, so please check the policy periodically for updates.

MODERNSPEAK is in Canada and the Website is offered in Canada. The Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. You must immediately stop using the Website if use of the Website as it is offered by MODERNSPEAK is prohibited under your local regulations.

INFORMATION WE COLLECT ABOUT YOU

We collect and use several types of information from and about you, including:

●       Personal information, that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, e-mail address, telephone number, Internet protocol (IP) address, username or other similar identifier, billing and account information, and any other identifier we may use to contact you (“personal information[3] [4] ”).

●       Non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as statistical or aggregated data. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information.

●       Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access Modernspeak, and usage details.

●       Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page.

●       Business information. MODERNSPEAK is an agency and collects information on its contractors, employees, and Clients, including the information listed above, and business information, advertising plans, product information, brand information, and other company data.

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HOW WE COLLECT INFORMATION ABOUT YOU

We use different methods to collect your information, including through:

●       Direct interactions with you when you provide it to us, for example, by filling in forms, surveys, or polls, or corresponding with us by phone, email, or otherwise.

●       User Content, when you provide information to us to publish or display on the public Website areas or transmit to other Website users or third parties (“User Content”), such User Content to be subject to MODERNSPEAK’s Terms of Service at https://modernspeak.co/legal/terms-of-service.[5]

●       Automated technologies or interactions, as you navigate through our Website, Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.

●       Third party plugins, the Website may use third party plugins or APIs that enhance the Website and delivery or our services, and those plugins may collect information about you.

●       Third party tracking technologies, such as Google Analytics, Facebook Pixel, and LinkedIn Pixel, which may include usage details, IP addresses, and information collected through cookies and other tracking technologies.

Information You Provide to Us

The information we collect directly from you on or through the Website or through other means may include:

●       Information that you provide by filling in forms, uploads, dropboxes, surveys or polls on the Website, whether partially or fully submitted;

●       Personal and other information provided to us during the registration process, subscribing to our service or products, submitting User Content, or requesting further services, complaints or inquires;

●       Records and copies of your correspondence (including email addresses), if you contact us;

●       Information provided to Modernspeak by email or other correspondence;

●       Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website; and

●       Your search queries on the Website.

Subject to the Terms of Service at https://modernspeak.co/legal/terms-of-service, [6] you may also provide information to be published or displayed (hereinafter, “submitted”) on public areas of the Website or transmitted to other users of the Website or third parties (all of which are part of User Content). Your User Content is posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User Content.

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Information We Collect Through Cookies and Other Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

●       Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website; and

●       Information about your computer and internet connection, including your IP address, operating system, and browser type.

We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically is statistical information that may include personal information, and we may maintain it or associate it with personal information we collect in other ways, that you provide to us, or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

●       Estimate our audience size and usage patterns;

●       Store information about your preferences, allowing us to customize our Website according to your individual interests;

●       Speed up your searches;

●       Enhance our delivery of the website and our Services to our clients; and

●       Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

●       Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

●       Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings that are used for browser cookies.

●       Web Beacons. Pages of our Website and any correspondence may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Modernspeak, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

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THIRD PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some other content or applications on the Website, including advertisements, are served by third-parties, including advertisers, ad networks and servers, 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 Website. 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 online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they are used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

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HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

●       To present our Website and its contents to you;

●       To provide you with information, products, or services that you request from us;

●       To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it;

●       To provide you with notices about your account or subscription, including expiration and renewal notices;

●       To carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements;

●       To verify the accuracy or appropriateness of any User Content for the purposes of monitoring our Website and removing content;

●       To notify you about changes to our Website or any products or services we offer or provide though it;

●       To improve our Website, products or services, marketing, or customer relationships and experiences;

●       To allow you to participate in interactive features, social media, or similar features on our Website;

●       To manage our relationship and work with clients and potential clients;

●       To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you;

●       To study and generate industry and other macroeconomic information; and

●       In any other way we may describe when you provide the information or for any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you, as permitted by law. If you do not want us to use your information in this way, please provide us written notice via email to legal@modernspeak.co. [7] [8]

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

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DISCLOSURE OF YOUR INFORMATION

We may disclose personal information that we collect or you provide as described in this privacy policy:

●       Directly on the Website when you submit User Content;

●       To our subsidiaries and affiliates, and in accordance with applicable law, to a buyer or other successor in the event of a merger, or other sale or transfer of some or all of MODERNSPEAK’s assets;

●       To third parties, such as our clients, brands, influencers, and potential clients, who contract with us in part for the provision of such information;

●       To advertisers and advertising networks that require the information to select and serve relevant advertisements to you and others;

●       To third parties to market their products or services to you if you have consented to/not opted out of these disclosures;

●       To contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization); and

●       For any other purpose disclosed by us when you provide the information or with your consent.

We may also disclose your personal information:

●       To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law;

●       To enforce or apply our Terms of Service at <TERMS OF SERVICE URL[9] >, including for billing and collection purposes; or

●       If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Modernspeak, our customers, or others.

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TRANSFERRING YOUR PERSONAL INFORMATION

We may transfer personal information that we collect or that you provide as described in this policy to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.

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CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

●       Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this Website may not be accessible or may not function properly.

●       Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by emailing your request to legal@modernspeak.co.

●       Promotional Offers from the Company. If you have opted in to receive certain emails from us but no longer wish to have your email address used by the Company to promote our own or third parties' products or services, you can opt-out by adjusting your user preferences in your account profile or by emailing your request to legal@modernspeak.co. If we have sent you a promotional email, you may unsubscribe by clicking the unsubscribe link we have included in the email or sending written notice to the above email.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of several third party ad servers' and networks' cookies simultaneously by opt-out tools such as those created by Digital Advertising Alliance of Canada or Network Advertising Initiative. You can also access these to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.

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DATA SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards, which any Website visitor can view.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

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DATA RETENTION

Except as otherwise permitted or required by applicable law or regulation, 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. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

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USERS UNDER THE AGE OF 14

Modernspeak is not intended for children under 14 years of age. No one under age 14 may provide any information to or on the Website. We do not knowingly collect personal information from children under 14. If you are under 14, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 14 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 14, please contact us at legal@modernspeak.co.

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ACCESSING AND CORRECTING YOUR PESONAL INFORMATION

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

If you want to otherwise review, verify, correct, or withdraw consent to the use of your personal information you may also send us an email at legal@modernspeak.co to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

If you delete your User Content from the Website, copies of your User Content may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Content, is governed by our Terms of Service.

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WITHDRAWING YOUR CONSENT

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at legal@modernspeak.co. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

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CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account or through a notice on the Website.

We include the date the privacy policy was last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

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CONTACT INFORMATION AND CHALLENGING COMPLIANCE

We welcome your questions, comments, and requests regarding this privacy policy and our privacy practices. We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. Please contact us by email at legal@modernspeak.co, Attention: Privacy Officer, or physically at 409B 13 Street NW Calgary, AB, T2N1Z3, Attention: Privacy Officer.

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