Thank you for your interest in Modest Tree, specialists in the creation of leading-edge and cost-effective virtual training and marketing solutions for enterprise clients (“Services”). Our Services and the Modest Tree website (“Website”) were developed and are duly owned and operated by Modest Tree Media Inc., its subsidiaries, and its affiliates (collectively “Modest Tree,” also referred to herein as “we,” “us,” and “our” where appropriate), with head offices in Halifax, Nova Scotia, Canada. 

 

Modest Tree is an award-winning modelling, training, and simulation company that is focused on creating a wide variety of highly customized training and marketing solutions for enterprise clients in extended reality (XR), desktop, and mobile, regardless of industry or delivery platform. With expertise in software architecture, product development, and digitalization, we can empower enterprise clients from around the world with simplified, leading-edge, and cost-effective solutions to optimize internal process efficiency, facilitate measurable solutions-based results, and accelerate the achievement of training and marketing initiatives.

 

This page is used to inform you of our policies for the collection, use, and disclosure of the Personal Information of anyone who accesses and/or uses our Services and/or Website (“Users”, referred to as “you” and “your” where appropriate). For the purposes of this Privacy Policy (“Policy”) Personal Information (or “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, such as data we collect about the use of our Website and Services, or anonymized information.

 

It is the policy of Modest Tree to respect your privacy and the privacy of all Users. Our guiding principle is that any Personal Information we collect from you will be treated with the utmost care and respect and every effort will be made to ensure that your Personal 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, Services also includes the use of our Modest3D Suite of software (“Software”), which may be made available to Users through the use of our Services, as well as any updates and upgrades to the Software that Modest Tree may provide, make available to you, or that you obtain after the date that you originally used our Services, to the extent that such items are not accompanied by a separate Privacy Policy. This Policy will also cover any changes to the type and nature of the Services that we offer.

 

By accessing, using, or purchasing our Services or any part thereof in any way, or by accessing or using our Website in any way, you agree to this Policy. If you do not agree to this Policy, do not use or access our Services or Website and contact us at privacy@modesttree.com to request that any Personal Information we have gathered about you be deleted.

 

If you have any questions about the Policy, the Personal Information collected during your use of our Services, or your dealings with the Website, please contact us at privacy@modesttree.com.

 

COLLECTION OF INFORMATION

 

 

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

1. 1. Collection Methods. Modest Tree collects the Personal Information of its Users in two primary ways:
      
      A. Actively: When Users actively provide us with Information, such when a User creates an account with Modest Tree or subscribes to our newsletter. It may require you to, for example, enter basic demographic, location, and identification information.
      
      B. Passively: When our systems automatically collect and record Information, including information about browsers, devices, and activity on our Services and Website, on our server to help determine the browsing habits of Users, increase the functionality of our Website, and improve User experience with our Services.
       

1. 1. Cookies. The Modest Tree website (www.modesttree.com) uses cookies for Google Analytics web traffic tracking purposes (“Analytics”).
      
      A. We may use both session ID and persistent cookies.
      
      i. 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. 
      
      ii. 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 and location preference.
      
      B. Analytics collects information anonymously and reports website trends without identifying individual visitors.
      
      C. 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 Website before, and what Website referred the visitor to the web page.
      
      D. 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. In other words, cookies does not collect, nor do we use cookies to collect your Personal Information.
      
      E. If you voluntarily provide Personal Information using cookies, we will be clear at the time of the collection what purpose it serves.
      
      F. We do not link the information we store in cookies to any Personal Information you submit while on our Website. 
      
      G. Modest Tree may use third-party service providers to deliver and facilitate our Services. Users are subject to the terms and conditions 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.
       

1. 1. General Information Transfer. Any Information or data we collect may be stored locally on your device. Modest Tree may obtain this Information as a result of the data being sent to our servers by our Services or Website.
      
      USE OF INFORMATION
       

1. 1. General Use. We primarily use the Information we collect to provide, administer, operate, and improve our Services and Website. 
      
      A. 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.
      
      B. This list is not exhaustive.
       

1. 1. Permissions. The following is a list and the associated description of what functions on your device(s) that may be accessed and/or modified by our Services and/or Website:
      
      A. Internal Microphone: Access to the microphone on your device allows our Services and Website to record and transmit audio with the microphone. This permission, once granted, allows the Services and Website to record and transmit audio at any time without your confirmation.
      
      B. 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 our Services to write to, delete from, modify, and/or read the contents of the relevant storage drive.
      
      C. Network: Access to the network allows the Services to create network sockets and use custom network protocols.
      
      D. 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.
       

1. 1. 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.
      
      A. For example, we may use a credit card processing company to bill or invoice you for our Services. Credit card processing companies typically do not retain, share, or use Personal Information for any other purposes. Your interaction with third-party payment services, such as PayPal, is subject to the terms and conditions provided by that third-party.
      
      B. Our use of third-party services is not restricted to the above example.
       

1. 1. Opt-Out. You can opt-out of having your Personal Information used for certain purposes when we ask for your Information. For example, if you contact us from the Website but do not wish to receive marketing material, you can indicate this preference on the form. You can also unsubscribe any time however, this will not remove your Information from our system.
      
      DISCLOSURE OF INFORMATION
       

1. 1. 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 our Services or our Website to third parties. Moreover, Modest Tree does not sell any Information regarding its Service and Website Users. Only the employees, directors, officers, subcontractors, and/or representatives of Modest Tree are responsible for the management and development of the Services and Website and only these individuals have access to the Information collected. They are required to comply with this Policy.
      
      A. Notwithstanding anything in the Policy to the contrary, we may share any Information we have collected about you or that you have submitted:
      
      i. 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;
      
      ii. 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;
      
      iii. If we believe it is necessary to comply with important and legitimate requests from public and government authorities;
      
      iv. If we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of our Services and/or Website infrastructure or the Internet in general;
      
      v. 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;
      
      vi. 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
      
      vii. 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.
       

1. 1. 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.
      
      A. As any Information posted on this Forum becomes public information, you should exercise caution when deciding to disclose your Personal Information on these platforms.
      
      B. Modest Tree is not responsible for any comments or other expressed opinions or actions of any individuals on these Forums.
      
      C. Should Modest Tree make additional Forums, such as chat rooms, news groups, message boards, and/or other similar Forums or public platforms, available to our Users on our Website, through our Services, and/or through our official social media channels 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
       

1. 1. Children’s Privacy. Our Services and Website are intended for general audiences. Modest Tree does not knowingly collect any Personal Information from children.
      
      A. 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. 
      
      B. Some third parties, such as platform providers like the iTunes Store or Google Play, may provide age-based ratings for our Services and Software. These ratings shall have no bearing on this limitation. 
      
      C. Third parties may also provide content categories on our Services and Software. These categories shall have no bearing on this limitation.
       

1. 1. External Links. The Modest Tree Services 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 Services and Website.
       

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

1. 1. Accessing, Updating, and Deleting Your Information. Modest Tree provides a number of ways for you, the User, to access, update, and delete your Information, depending on what Information you want to modify or remove.
      
      A. For manual management of actively collected Information within the Website and/or the Services, you can simply go to your Account and either edit your Personal Information or delete your account.
      
      a. Your Personal Information is not automatically deleted from our system when you delete your account. 
      
      b. If you would like your Personal Information permanently deleted following deletion of your account, you can do so by emailing the nature and details of your request to privacy@modesttree.com.
      
      c. If you do not have a Modest Tree account you can request changes to your Information or request that yout Information be deleted by emailing us at privacy@modesttree.com and indicating the nature and details of the request.
      
      d. You cannot use our Services without an account but can access our Website.
      
      e. Email subscription to our newsletters, blog, and other marketing and event information can be terminated at any time by selecting the “unsubscribe” button at the bottom of one of the emails.
      
      B. To access, update, or delete passively collected Information gathered on our Website and/or by our Services, you must contact Modest Tree at privacy@modesttree.com and indicate the nature and details of your request.
      
      C. Certain financial recordkeeping information may be maintained in our systems after you request that your Information be deleted if we have a legitimate legal and/or financial interest in maintaining such records.
       

1. 1. User Choices about the Collection and Use of Your Information. You have a number of choices to make regarding the use and collection of your Information:
      
      A. You always have the option to refrain from using our Services and/or Website or to discontinue use if you do not want your Personal Information collected.
      
      B. Users can choose to use our Services and/or Website in a manner that limits the Information we actively collect by only providing us with the required Information.
      
      C. You can access, update, and delete your Information as described in section 14.
      
      D. You can opt-out of marketing and advertising communications such as email by following the instructions in any marketing message you receive; but
      
      i. Modest Tree reserves the right to send a message confirming User opt-out.
      
      ii. Users who opt-out of marketing messages may still receive administrative, relationship, or transactional messages including but not limited to notice of changes to our Policy.
       

1. 1. 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.
      
      A. Despite our best efforts, however, complete confidentiality and security cannot currently be guaranteed on the Internet and/or where Information is transferred via wireless digital technology of any type. No system can be guaranteed to be 100% secure. Communication in this manner is subject to interception, loss, or alteration and while Modest Tree strives to employ reasonable protections for your Personal Information where appropriate to its sensitivity, we cannot guarantee or warrant the security of the Personal Information you share with us and cannot be held responsible for damages to and of your Personal Information. 
      
      a. This includes but is not limited to theft, destruction, loss, or inadvertent disclosure of your Personal Information.
      
      B. You accept these realities at your own risk.
       

1. 1. 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 Personal Information collected through our Services and/or Website by any third-party, or any misuse of any Information collected through our Services and/or Website not in violation of the Policy.
       

1. 1. Changes to this Policy. Modest Tree reserves the right to, from time to time and as necessary, change any aspect of this Policy.
      
      A. When changes are made, Users will be informed of the changes and will, by continued use of our Services and/or Website, agree and submit to the new version of this Policy and the changes therein.
      
      B. Changes can be made and applied to any part of this Policy.
      
      C. Any changes that are made to this Policy will apply with respect to the Personal Information you provide, both passively or actively, and your activity on the Website after the relevant changes are made.
      
      D. It is your responsibility to review this Policy from time to time and to ensure you are aware of any changes that are made.