Privacy Policy
Last Updated August 2025
Modisoft, Inc. provides software, products, and services to retail locations, including point of sale systems (“Services”). This Privacy Policy explains how Modisoft collects, uses, discloses, transfers, stores, retains, or otherwise processes your personal information as a user of the Services.
This Privacy Policy applies specifically to personally identifiable information (“Personal Information”) and sensitive personal information as defined below, collected by or through the Services.
This Privacy Policy is intended to notify you of the following:
- Types of Personal Information is collected, how it is used, and with whom it may be shared.
- Security procedures in place to protect your Personal
- Choices and rights related to your Personal Information and outlines our data practices and your rights under applicable U.S. federal and state privacy laws.
Modisoft may update this Privacy Policy from time to time. If we make material changes, we will provide notice by posting an update on our website and, where legally required, via email or in-service notification before the changes take effect.. By continuing to utilize the Services, you represent that you have read and understand, and that you agree to be bound by, the most current posted version of this Privacy Policy and Modisoft’s https://legal.modisoft.com/modisoft_terms/. Certain processing, such as the use of sensitive personal information, may require explicit opt-in consent, as noted below. If you do not agree, you must immediately stop using the Services. This policy does not apply to de-identified or aggregated data, which we may use for analytics or other purposes. Separate notices may apply for employees or business-to-business contacts.
Definitions
To ensure clarity, we define key terms used in this policy:
- Personal Information: Information that identifies, relates to, or could reasonably be linked with you or your household (e.g., name, email, IP address).
- Sensitive Personal Information: Specific categories of data, such as Social Security numbers, financial account details, racial or ethnic origin, religious beliefs, health data, biometric data, or precise geolocation requiring additional protections under applicable laws.
- Sale: Sharing Personal Information for monetary or other valuable consideration (e.g., with advertisers).
- Sharing: Disclosing Personal Information for cross-context behavioral advertising (e.g., targeted ads via cookies).
- Service Provider: Entities processing data on Modisoft’s behalf under strict agreements.
- Consumer: Individuals covered by this policy, including retail users or customers using POS systems.
Information Collected
As described below, Modisoft collects Personal Information about you: (i) when you provides it to us directly; (ii) when you use the Services; and (iii) from other sources. Below is a detailed breakdown of categories, examples, and sources, aligned with applicable laws (e.g., CPRA, CPA).
| Information You Provide | Examples (Non-Exclusive) |
| Identity Information | Name, email address, postal address, signature, phone number, passport number, driver’s license number, Social Security number, and taxpayer identification number (We collect sensitive identifiers such as Social Security numbers or passport numbers only where legally required, e.g., for tax reporting or identity verification) |
| Financial Information | Bank account information and payment card numbers |
| Tax Information | Withholding allowances and tax filing status |
| Professional or employment-related Information | Information about business and employees |
| Inferences Drawn To Create A Profile of You | Preferences, characteristics, and behavior |
| Other Data | Information voluntarily provided to us, including survey responses or marketing forms, participation in promotions, suggestions for improvements, and referrals |
| Information Collected thru Use of Services | Examples (Non-Exclusive) |
| Commercial Information | Products and services you provide; inventory, pricing, and similar data; payment transaction details |
| Transaction Information | Information about when and where transactions occur, names of the transacting parties, transaction descriptions, including item-level data, payment or transfer amounts, billing and shipping information, and devices and payment methods used to complete the transactions. |
| Location Data | Location data of your device; in limited circumstances, this may include precise geolocation data |
| Internet or Other Online Activity | Web browser and device characteristics; and other information about how you use and interact with the Services, including browser type and language, domain name, specific pages you visit on the Modisoft platform, content you view, features you use, date and time you use Services, your search terms |
| Online identifiers | Login information; Internet Protocol (“IP”) address; unique personal identifiers including device identifier, cookies, |
| beacons, pixel tags, mobile ad identifiers; and unique alias |
| Information from Other Sources | Examples (Non-Exclusive) |
| Background Information | Credit report information; identity verification information; information about any person or corporation with whom you have a financial relationship |
| Credit and Fraud Information | Account or credit-related information with credit reporting agency or credit bureau |
Data Retention
Modisoft retains Personal Information only as long as necessary for the purposes described below, legal obligations, or contractual requirements. For example:
- Transaction data may be retained for 7 years to comply with IRS requirements.
- Marketing preferences are kept until you opt out.
- Account data is retained while your account is active and for a reasonable period after closure (e.g., 1 year) unless deletion is requested.
You may request deletion post-retention, subject to legal exceptions (e.g., fraud prevention, legal compliance).
How Modisoft Uses and Shares Your Personal Information
Modisoft may use your Personal Information for the following purposes:
- To facilitate your registration for and use of Services
- To operate and provide the Services, and improve and update the same
- To provide and improve customer service
- To improve Services and provide new products and services
- To respond to your questions, inquiries, requests, or other reasons for contacting us
- To provide you with information and updates regarding your use of the Services
- To fulfill Modisoft’s legal obligations and to protect and defend its rights, including in Intellectual Property
- To protect the personal safety of users, customers, and the public
- To help protect Modisoft and your assets and prevent fraud
- To send company news, updates, and other communications
- To contact you regarding specials, offers, and new products or services that Modisoft believes may be of interest to you
Modisoft may share your Personal Information with third parties including:
- Service providers (e.g., hosting, payment processing, analytics providers) under contracts ensuring compliance with privacy laws.
- Affiliates, for business purposes like service delivery or marketing (with opt-out options).
- Third parties in connection with a business transaction (e.g., merger, acquisition), with notice where required
Law enforcement or regulators, to comply with legal obligations or protect rights. We may use inferences (e.g., preferences) for analytics or personalization, with opt-out rights for automated decision-making producing significant effects. Modisoft also uses de-identified data for analytics, service improvement, and promotions, without linking to individuals.
Targeted Advertising: You may opt out of targeted advertising by adjusting your cookie preferences https://modisoft.com/cookies or enabling Global Privacy Control (GPC), which we honor where legally required.
Your Personal Information Rights and Choices
- Depending on your state of residence, you may be entitled to rights around the collection and processing of your Personal Information. These rights vary by jurisdiction, but may include the rights to:
- Know the Personal Information that is collected and for what purposes and from what source it is collected; and to know what Personal Information may be shared, to whom it was shared with, and for what purpose
- Access, modify, correct, or delete your Personal Information, and to receive your Personal Information in a format that is easily readable
- Opt-out of the sale or sharing of your Personal Information and to withdraw consent where applicable, (including via Global Privacy Control signals)
- Object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you
- Restrict processing or to object to processing carried out pursuant to (i) Modisoft’s legitimate interest or (ii) performance of a task in the public interest
- Appeal the decisions Modisoft makes regarding the processing of your Personal Information
- Control the receipt of certain optional, non-service-related communications from Modisoft by unsubscribing to these communications
- Non-discrimination: We will not retaliate against you for exercising your rights.
- Authorized Agent: You may designate an agent to submit requests on your behalf, subject to verification.
To exercise any applicable right, please contact us through one of the methods listed below under “Contact Information”.We will verify your identity before fulfilling requests. You may designate an authorized agent to submit a request on your behalf.
Scope of Services, Children’s Data
The Services are intended for individuals in the United States who are at least thirteen (13) years old. We do not knowingly collect Personal Information from children under 13. For California residents under 16, we do not sell or share Personal Information without affirmative opt-in consent. If you are under 13, do not provide any information. Parents or guardians may contact us to request deletion of information provided by a child.
Security
Modisoft strives to protect your Personal Information using reasonable measures, including encryption (in transit and at rest), access controls, employee training, and regular security audits. In case of a data breach, we will notify affected individuals as required by state laws (e.g., California’s breach notification law). While no system is completely secure, we are committed to safeguarding your data. You are responsible for securing your account credentials and devices.
Third Party Products
Modisoft partners with third parties to provide specific services, products, offers, and promotions to customers (collectively, “Third Party Products”). When a user signs up for Third Party Products, Modisoft may share names and other contact Personal Information that is necessary for the third party to provide the Third Party Products. Sharing is limited to necessary data under contracts requiring compliance with privacy laws..You should expect that your data will be processed under the third party’s privacy policy. We recommend reviewing those policies, as Modisoft is not liable for third-party practices.
Links
The Services may contain links to sites operated by persons other than Modisoft (collectively, “Third Party Websites”). The existence of any such links is not, and does not imply, an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring of any data, content, or privacy protections offered with respect to Third Party Websites, and Modisoft is not responsible for these Third Party Websites.
Cookies
Modisoft may use “cookies” and other tracking technologies (e.g., pixels, SDKs in apps) to personalize your online experience. A cookie is a text file that is placed on your device. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are designed as a convenience tool to allow you to tell the server that you have returned to a specific page. We use cookies for analytics, functionality, and targeted advertising (e.g., via partners like Google Analytics), with your consent or opt-out rights. We honor “Do Not Track”, universal opt-out mechanisms, and Global Privacy Control signals for behavioral advertising. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Services. Visit modisoft.com/cookies for our cookie consent manager and opt-out instructions.
States Privacy Notice
If you are a California resident, you have specific rights under the CPRA, including:
- Knowing categories of Personal Information collected, sold, or shared in the past 12 months.
- Limiting the use of sensitive personal information to essential purposes.
- Opting out of sharing for marketing purposes.
To make such a request, please contact us through one of the channels listed below under “Contact Information.”
Residents of Other States
Residents of Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Delaware, Iowa, and Indiana, New Jersey, Tennessee, Minnesota, and other states with privacy laws have similar rights, including access, deletion, opt-out of sales/sharing, and non-discrimination. Colorado residents may use universal opt-out mechanisms. Texas residents may request details on de-identified data handling. Contact us to exercise these rights.
International Data Transfers
If Personal Information is transferred outside the U.S. (e.g., to cloud servers), we use safeguards like standard contractual clauses to ensure compliance with applicable laws, though this policy primarily addresses U.S. requirements.
Changes to This Policy
We may update this Privacy Policy to reflect changes in our practices or legal requirements. We will notify you of material changes via email or website posting at least 30 days in advance. Continued use of the Services after changes implies acceptance.
Contact Information
Modisoft welcomes your questions or comments regarding this Privacy Policy.
Please contact us at: Modisoft, Inc., 6932 Brisbane Court, Ste. 301, Sugar Land, Texas 77479
Or via email at: info@modisoft.com