Last updated January 3rd 2025

Welcome to the Modern Gents website, modgents.com (the “Website” or the “Services”). The Services are operated by Good Vibes Trading Company, Inc. (“we,” “us,” or “our”). We believe that the privacy and security of your information and personal data (“Information”) is very important. This Privacy Policy (“Policy” or “Privacy Policy”) explains the type of Information we collect from users of the Services, how that Information is used, how the Information may be shared with other parties, and what controls our users have regarding their Information. We encourage you to read this Policy carefully.

Any updates or modifications to this Policy will be posted to our Website on this page. By using or accessing the Services, you signify that you have read, understand and agree to be bound by this Policy.

Our Services are operated in the United States but can be accessed worldwide.

California residents should consult the section titled “Your California Privacy Rights” for rights that apply to them.

If you have questions about this Policy, please contact us at privacy@modgents.com.

  1. INFORMATION WE COLLECT AND HOW WE USE IT

Types of Information

We may collect the following types of Information through our Services:

(1) “Personal Data” such as your name, e-mail address and phone number, account or mailing address, and other information that can be used to directly identify and contact you (which, in some cases, may include certain Device Information or information from the signature block of your e-mail).

(2) “Device Information” which is information relating to the computer or device you are using when you access our Services, such as your computer’s IP address, your mobile device identifiers (including Apple IDFA or an Android Advertising ID), the type of browser and operating system you are using, the identity of your internet service provider, and your device and browser settings.

(3) “Usage Data” which is data related to your use of the Services such as the pages you visit, the sites you use before or after visiting ours, your actions within the Services, the type of content or advertisements you have accessed, seen, forwarded and/or clicked on, Wi-Fi connections, date and time stamps, log files, and diagnostic, crash, website, and performance logs and reports.

(4) “Audio, electronic, visual, or similar information” such as voicemails on our customer service phone line.

As described in more detail below, we collect Personal Data only when you provide it to us but may collect other types of Information whenever you use our Services through automated means such as software developer kits, cookies and web beacons (which are discussed in more detail below).

Personal Data

You may enter the Website and browse its content without submitting any Personal Data. However, we will need to collect relevant Personal Data to provide you with certain services offered by the Services, including if you choose to create an account on our website, contact us or otherwise communicate with us in any way, subscribe or opt in to our newsletter, alerts, or other communications, subscribe or opt in to SMS messages, sign up for product waitlists, participate in a contest or promotion, order our products, submit product reviews, questions, feedback or user comments, complete an optional survey, contact customer service or otherwise interact with the Services.

We use the Personal Data that we collect to respond to your requests, communicate with you regarding the Services and our content, send you promotional or marketing communications, guard against potential fraud, provide product information, service your requests and orders, and provide you with the applicable services, features or functionality associated with your submission. When you submit Personal Data through the Services, whether by directly providing it to us upon request or voluntarily disclosing it through comments, you are giving your consent to the collection, use and disclosure of your Personal Data as set forth in this Privacy Policy.

Device Information & Usage Data

Whether or not you submit Personal Data, any time you visit our Services, we or our service providers may collect, store or accumulate certain Device Information and Usage Data. This Information may be used in furtherance of the purposes described above with respect to Personal Data and in aggregate form for internal business purposes, such as optimizing the Services, evaluating the popularity of content, generating statistics and developing marketing plans, and otherwise for general administrative, analytical, research, optimization, and security purposes.

Information to and from Social Networks

We may provide functionality that will allow you to connect to our Services through a third-party social network such as Facebook, X (Twitter), TikTok, Snapchat, Pinterest, or Instagram (each, a “Social Network”). If you connect through a Social Network, we may collect Personal Data from your profile, such as your name, username, and e-mail address, and we will use that Personal Data for the purposes set forth herein. In addition, our Services may offer social sharing features which will allow you to “Share” or “Like” on a Social Network. If you decide to use such features, it may allow the sharing and collection of Information both to and from such Social Network, so you should check the privacy policy of each Social Network before using such features.

Payment Information

Payments submitted in connection with the Services must be made via the Services by credit, debit card, or through alternate payment methods (such as PayPal) where such alternate payment methods are made available as an option. Please note that alternate payment methods may be provided by third parties subject to that third party’s privacy policy. This Privacy Policy does not apply to such third party’s collection and use of your information. Please review the applicable third party’s privacy policy. With regard to credit and debit card payment, all credit and debit card information is provided directly to our third-party payment processor. We do not directly access, handle, or store your credit or debit card information. To submit payment using the Services, you will need to provide us with your contact information (e.g., name, address, email address, telephone number), and your credit or debit card information to our payment processors. Our payment processor will use your credit and debit card information in accordance with its privacy policy. Where online storefront on the Services is hosted or powered by a third party, we encourage you to review any posted terms and privacy policies.

  1. SHARING OF INFORMATION

In no event will we disclose, rent, sell or share any of your Personal Data to third parties for direct marketing purposes, provided that we do engage certain third party targeted advertising partners as discussed “Automated Data Collection / Cookies” section of the Policy below. We only share your Information with third parties for the purposes described below. See the “Selling and Sharing” section of this Privacy Policy below under the “Additional Information for Certain U.S. Residents” below for more information.

We contract with companies or individuals to provide certain services related to the functionality and features of the Services, including content streaming, email and hosting services, software development, data management, orders, payment processing, management of forms, quizzes and polls, customer service, returns, live chat, marketing, fraud prevention, product review and questions, and administration of contests and other promotions. We call them our “Service Providers.” We may share your Information with Service Providers as appropriate for them to perform their services for us and our Service Providers are permitted to use your Information only for such purposes.

We use Shopify, Inc. to host our website and to process our orders. Shopify’s privacy policy is located at:  https://www.shopify.com/legal/privacy

The server automatically logs the IP address you use to access our website as well as other information about your visit such as the pages accessed, information requested, the date and time of the request, the source of your access to our website (e.g. the website or URL (link) which referred you to our website), and your browser version and operating system.

In certain instances, as with Paypal, Sezzle, Klarna, which process payments, you may also be directed to a third-party website which is governed by its own privacy policy:

https://www.paypal.com/us/webapps/mpp/ua/privacy-full

https://legal.sezzle.com/privacy

https://cdn.klarna.com/1.0/shared/content/legal/terms/en-us/privacy

We may also share or transfer Device Information and Usage Data in aggregated, anonymized form with or to our affiliates, licensees, partners and Service Providers for administrative, analytical, research, optimization, and security purposes, but no such Information will be linked with your Personal Data or be used to identify or contact you.

Finally, we may share your Information: (i) In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us; (ii) When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company, our users, or others; and in connection with the enforcement of our Terms of Use and other agreements; or (iii) In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

  1. AUTOMATED DATA COLLECTION / COOKIES

We may use certain automatic analytics and tracking technologies to assist us in performing a variety of functions, including storing your Information, collecting Device Information and Usage Data, understanding your use of the Services and customizing the content offered to you on the Services. We may use platforms like Google Analytics to provide aggregated or anonymized information relating to demographics, geography, interests or affinities. Other technologies we may use include:

(1) Cookies. Cookies are text files placed in your computer's browser to store your preferences. We use cookies or other tracking technologies to understand site and Internet usage and to improve or customize the Services and the content, offerings, or advertisements you see on the Services. For example, we may use cookies to personalize your experience on the Services or remember any settings you have chosen. We also use cookies to learn and track how you access and use the Services, including when and how users visit the Services and how popular particular Service pages are and aren’t. Some cookies may be considered “third-party cookies” that allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. However, not accepting cookies may make certain features of the Services unavailable to you. The types of information collected by a cookie and the purposes for which that information is used depend on the type of cookie. We may combine information collected by cookies with other Information. (2) Web Beacons. We may also use "web beacons" or clear GIFs, or similar technologies, which are small pieces of code placed on a web page or in an email, to monitor the behavior and collect data about the visitors viewing a web page or email. For example, web beacons may be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. Web beacons may also be used to provide information on the effectiveness of our email campaigns (e.g., open rates, clicks, forwards, etc.).

(2) Mobile Device Identifiers and SDKs. We also sometimes use, or partner with publishers or app developer platforms that use, mobile Software Development Kits ("SDKs") that are incorporated into the Services to collect Information, such as mobile identifiers (e.g., IDFAs and Android Advertising IDs), geolocation information, and other information about your device or use of the Services. A mobile SDK may act as the mobile version of a web beacon (see "Web Beacons" above).

Some of the cookies, pixels and beacons we use are designed to facilitate advertising on various web platforms, including Meta, TikTok, Klaviyo, Snapchat, Google, Pinterest and Bing.  We also employ technology to display advertisements to mobile applications.  See “Selling and Sharing” below.

By visiting the Services, whether as a registered user or otherwise, you acknowledge, and agree that you are giving us your consent to track your activities and your use of the Services through the technologies described above, as well as similar technologies developed in the future, and that we may use such tracking technologies in the emails we send to you. Please note that no such tracking technologies will collect any Personal Data from you unless you choose to submit it to us and that data relating to you individually is not shared with any third parties.

Remarketing and Advertising

From time to time the Services may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including Google Ads and advertising services provided by Meta (sometimes referred to as the Meta “tracking pixel”). These services collect information about your visits to and interactions with the Services and other websites and will use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information.

Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Services and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.

Through Google Ads, Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect information about your visits to the Service and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet. We may also enable and implement Google Analytics Advertising Features on the Services. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Service.

For certain Meta advertising services, Meta Ireland is a Joint Controller (as defined in the GDPR) and that information required under the GDPR related to such processing can be found at https://www.facebook.com/about/privacy. We work with Meta and use their advertising services to measure and improve our ads and marketing efforts, as well as to display more relevant advertising to you. For further information on how Meta Ireland processes your personal information, including the legal basis, and the ways to exercise your rights, please visit https://www.facebook.com/about/privacy.

To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual web browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time. Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.

Analytics

The Services use third-party analytics tools (e.g., Google Analytics) to collect and process data about your use of the Services, including when you visit the Services, URLs of the websites that you visit prior to visiting the Services and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Services’ structure and content.

For more information on how Google uses this data, visit Google’s Privacy Notice and Google’s page on How Google uses data when you use our partners' sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent Company from using other analytics tools and will not prevent data from being sent to the Service itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed below, but that may impact your use and enjoyment of the Service.

  1. PERSONAL DATA RETENTION

We retain the Personal Data we receive as described in this Privacy Policy for as long as you use the Services or as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

  1. PRIVACY AND SECURITY

We take reasonable precautions to protect our customers' Personal Data against loss, misuse, unauthorized disclosure, alteration, and destruction. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Data, we cannot ensure or warrant the security of any Information that you transmit to us or from us, and you do so at your own risk. You hereby acknowledge that we are not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

If you believe your Personal Data is being improperly used by us or any third party, please immediately notify us via email at privacy@modgents.com.

  1. USE OF AUTOMATED DECISION MAKING AND PROFILING

Except to the extent personal data is used by third-party ad networks for online behavioral advertising, neither we, nor service providers on our behalf, engage in profiling or automated decision-making activities. Specifically, we do not use your Personal Data to profile you in furtherance of decisions that produce legal and/or similarly significant effects upon you.

  1. CHILDREN

Our Services are intended solely for customers who can form legally binding contracts under applicable law and are of legal age of majority in their place of residence. By using the Services, you represent and warrant that you can form a legally binding contract under applicable law and are of legal age of majority where you reside, and that you agree to abide by all of the terms and conditions of this Policy. If you are under 13, please do not send any Personal Data about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected Personal Data from a child under age 13, we will delete that information as quickly as possible. If you are a parent or guardian of a child under 13 years of age and you believe your child has provided us with Personal Data, please contact us at privacy@modgents.com.

  1. LINKS TO THIRD PARTY PLATFORMS

Our Services or communications may contain links to third party websites, over which we exercise no control, including the form of embedded content, sponsored content or co-branded content. Except as set forth in this Policy, we do not share your Personal Data with those third parties and are not responsible for the privacy policies of any third party or their management of your Personal Data. Because they may treat your Information differently than we do, we suggest you read the privacy policies on those third-party websites prior to submitting any Personal Data to such sites.Our Services may use YouTube to make content in video format available to you. By accessing a part of the Services where videos are available, watching an embedded video, or otherwise interacting with any content made available through YouTube, you signify your agreement with YouTube’s terms and conditions. YouTube collects and otherwise has access to usage data (e.g., what videos you accessed and watched) through videos embedded in the Services as further described in YouTube’s Privacy Notice. YouTube adheres to Google's privacy policies and principles, part of which allow you to control certain privacy settings and which data are collected. For more information, please visit https://www.youtube.com/howyoutubeworks/user-settings/privacy/

In addition, you may be redirected to a third-party platform for certain functions, including returns, forms, and customer service. See above section regarding “Sharing of Information.”

  1. YOUR RIGHTS

Opting Out of Communications

As described above, we may use the Personal Data we collect from you to send you newsletters or other communications from us, including those promotional or marketing in nature. If you do not want to receive such communications, you can opt out by clicking here.

You may also at any time opt out of receiving communications from us by sending an e-mail to privacy@modgents.com with the subject line “Opt Out.”

At your option, you may communicate through text messages regarding your orders and our products. You may withdraw permission to communicate with you by text message at any time by texting “STOP” to 730-41 (USA) or +18335394425 (CANADA). For more information or assistance, reply “HELP” to 730-41 (USA) or +18335394425 (CANADA) or contact us at hello@modgents.com. Please see our Messaging Terms & Conditions for additional information and terms that apply to our text message program.

Disallowing Cookies and Location Data Collection

You can opt out of the collection and use of certain information, which we collect about you by automated means, by changing the settings in the device you use to access the Services. In addition, your browser may tell you how to be notified and opt out of receiving certain types of cookies. Please note, however, that without cookies you may not be able to use some or all of the features of the Services. Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new device, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at:

http://optout.networkadvertising.org

http://www.youronlinechoices.eu

https://youradchoices.ca/choices

http://optout.aboutads.info

Do Not Track & Opt Out Signals

We use analytics systems and providers and participate in ad networks that process Personal Data about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We process and comply with web browser’s “do not track” signal mechanisms where required by applicable law. Additionally, residents of certain U.S. states may opt out by broadcasting an Opt-Out Preference Signal under applicable law, including the Global Privacy Control (GPC), depending on which browsers and/or browser extensions you use that may support such a signal. To look at extensions and browsers supporting the GPC browser signal, visit here: https://globalprivacycontrol.org/. Note that if you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Note, however, that you may find information about how to opt out of online behavioral advertising and/or block or reject certain tracking technologies in the section caption “Disallowing Cookies and Location Data Collection” above.

YOUR CALIFORNIA PRIVACY RIGHTS

California residents, see our “California Privacy Notice” for more information about certain legal rights.

YOUR NEVADA PRIVACY RIGHTS

Nevada law permits our users who are Nevada consumers to request that their Personal Data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent to privacy@modgents.com.

ADDITIONAL INFORMATION FOR CERTAIN U.S. RESIDENTS

Certain U.S. states require additional disclosures and provide users residing in such U.S. states with additional rights regarding Personal Data. This section of the Privacy Policy only applies to individuals located in such states and where such U.S. state data protection laws apply to our processing of your Personal Data.

Sensitive Personal Data

Only where we have received your permission and consent–we collect geolocation information. For example, when using our mobile app, you may be prompted to allow or reject the tracking or your precise geolocation. Under certain applicable laws, precise geolocation may be considered “sensitive” Personal Data.

We may use such precise geolocation information for the following purposes:

  • purposes as directed by you or for the performance of Service you request and as reasonably expected in the context of such performance;

  • with your consent;

  • to protect our legal interests and to ensure the physical safety of ourselves and other individuals; or

  • to carry out our obligations under applicable law.

We do not sell or share sensitive Personal Data with any third parties for cross-context behavioral advertising or to use for their own purposes. We will only collect and use this information after receiving your prior consent. You have the ability to disable the sharing of this information with us at any time through the settings on your mobile device.

Disclosures to Third Parties

Pursuant to and consistent with the purposes for collecting your Information as set forth in this Privacy Policy, we disclose certain categories of Personal Data to third parties for a legitimate business purpose. The categories of Personal Data we disclose includes:

  • Identifiers: including but not limited to name, telephone number, address, age, email address, or date of birth;

  • Commercial Information: including but not limited to contact information and order history;

  • Audio, electronic, visual or similar information: such as customer service phone line records.

  • Internet or other electronic network activity information: including but not limited to computer and connection information, IP address, and cookies and other tracking technologies described further above; and

  • Inferences: drawn from the above categories of Personal Data.[BL1]

The categories of third parties to which we may share the above categories of information, include, without limitation:

  • Our affiliates and related entities;

  • Third party service providers: including, but not limited to, payment processing companies, data analytics and advertising providers, fraud prevention providers, cloud storage providers, IT service providers, delivery partners, and marketing companies; and

  • Law Enforcement.

Rights

Applicable laws in the U.S. state where you reside may grant you some or all of the rights listed below (subject to all applicable limitations, exceptions, and exemptions. These rights are not absolute, and we may decline your request as permitted by law. You can ask to appeal any denial of your request in the same manner through which you may submit a request.

  • Right to Confirm, Access and Portability. You may have the right to confirm whether we process your Personal Data, access your Personal Data, and/or receive a copy of the Personal Data that we have collected about you.

  • Right to Correct. You may have the right to correct inaccurate Personal Data that we have collected about you.

  • Right to Delete. You may have the right to delete the Personal Data we have obtained about you or that you have provided to us with certain exceptions.

  • Right to Opt-out of Tracking for Targeted Advertising Purposes. You may have the right to opt-out of certain tracking activities for targeted advertising purposes.

  • Right to Opt-Out of the Sale of Personal Data. You may have the right to opt-out of our sale of your Personal Data to third parties.

  • Right to Non-discrimination. You have the right to be free from discrimination due to your exercise of your rights under applicable law. We do not discriminate against users for exercising the rights granted to them under applicable law and that are applicable to our processing of your Personal Data.

  • You also have the right to submit a complaint about our processing of your Personal Data to the applicable government regulator or authority in the jurisdiction in which you are located (e.g., your state’s Attorney General).

Selling and Sharing

We do not sell your Personal Data as the concept of “selling” is traditionally understood as being the exchange of something for money. However, we sell your personal information to, and share your personal information with, third parties for the purpose of cross-contextual behavioral advertising purposes (e.g., targeted advertising and remarketing). Applicable U.S. state data protection laws hold such disclosures and sharing to be considered “selling” or “sharing”. Therefore, you may have the right to opt out of such selling and sharing. In the preceding 12 months, we have sold or shared the following categories of Personal Data with the following categories of third parties and for the following purposes:

  • Identifiers: We provide such information to analytics, marketing, advertising and remarketing partners and services providers for analytical and targeted advertising purposes, including, to target advertisements to you for goods and services and by displaying those advertisements on other websites.

  • Internet or other electronic network activity information (e.g., cookies and other online unique identifiers): We provide such information to analytics, marketing, advertising and remarketing partners and services providers for analytical and targeted advertising purposes, including, to target advertisements to you for goods and services and by displaying those advertisements on other websites.

You have the right to opt out of the selling or sharing of your Personal Data as described herein. You may exercise this right to opt out by utilizing the Global Privacy Control as mentioned in the “Do Not Track & Opt Out Signals” section above, or by clicking the “Do Not Sell or Share My Personal Information” option in the footer of the website and changing your Cookie Settings as described on that webpage. If you have any questions, concerns, or would like more information on our ability to opt out, you can contact us by emailing: privacy@modgents.com.

Exercise Your Rights

You can exercise your rights by submitting a verifiable request to use by:

Calling: 1-800-619-7078

Emailing: privacy@modgents.com

Visiting: Data Request

Please note that to exercise your rights to opt-out of targeted advertising and/or the sale of your Personal Data, you must follow the instructions provided under the “Selling and Sharing” section of the Privacy Policy directly above. Only you or a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Data. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. Without limiting the foregoing, the verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Data or an authorized representative.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. 

We will only use Personal Data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will respond to your request within the applicable timeframe required under applicable law. If we deny your request, you can appeal such denial through the same methods as set forth above. If the appeal is denied, you may submit a complaint to the applicable government regulator or authority in the U.S. state in which you are a resident (e.g., the state Attorney General in the state in which you reside).

INTERNATIONAL DATA TRANSFERS

If you are located outside the United States, we transfer Personal Data for processing in the United States, including Personal Information sent via e-mails or when you make an order. Under the GDPR, we are considered a “controller” of the Personal Data. By using the Services outside the United States, you acknowledge that we will transfer your data to, and store your Personal Data in, the United States, which may have different data protection rules than in your country, and Personal Data may become accessible as permitted by law in the United States, including law enforcement and/or national security authorities in the United States. 

The right to access Personal Data may be limited in some circumstances by local law. If you qualify, in order to exercise these rights, please contact us as set forth below.

Modern Gents
Attn: Privacy

3195 Red Hill Ave. Suite C
Costa Mesa, CA 92626

E-mail: privacy@modgents.com

We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account.

Please understand, however, that we reserve the right to retain an archive of such Personal Data for a commercially reasonable time to ensure that its deletion does not affect the integrity of our data; and we further reserve the right to retain an anonymous version of such Information.

Rights of Canadian Residents

Residents of Canada are permitted to request and obtain from us information respecting the existence, use, and disclosure of their Personal Data as well as access to that information (subject to certain exceptions pursuant to applicable laws). Without limiting the above, residents of Canada will, upon request:

  • Right to Be Informed. You have the right to be informed of whether we hold Personal Data about you.

  • Right to Know About Third Parties. You have the right to be provided with an account of third parties to which we have disclosed your Personal Data.

  • Right to Accuracy. You have the right to be able to challenge the accuracy and completeness of your Personal Data and have it amended as appropriate.

  • Right to Know About Policies and Practices. You have the right to be provided with information about our policies and practices with respect to the management of Personal Data, including: the name or title, and address, of the person who is accountable for our privacy policies and practices; the means of gaining access to personal information; a description of the type of personal information held by us, including a general account of its use; a copy of any brochures or other information that explain our policies, standards, or codes; and what personal information is made available to related organizations.

  1. CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this Policy at any time. In the event we make changes to this Policy, such policy will be re-posted in the "Privacy" section of our Services with the date such modifications were made indicated on the top of the page. Therefore, please review this Policy from time to time so that you are aware when any changes are made to this Policy. If you have any questions about the changes that were implemented, please contact us at privacy@modgents.com and include “Information Regarding Updated Policy” in the subject line. In any event, your continued use of the Services after such change constitutes your acceptance of any such change(s), and if you do not accept any changes, you may choose not to use the Services or opt out by sending us an appropriate notice.

  1. GENERAL LEGAL

All other terms governing this Privacy Policy shall be those set forth in our Terms of Use which are incorporated herein by this reference.

If you have questions or comments about this Policy, please contact us at privacy@modgents.com with “Privacy” in the subject line of your email.

Modern Gents
California Privacy Notice

Last Updated: January 3rd 2025

This California Privacy Notice (“California Notice”) supplements the Privacy Policy and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). Good Vibes Trading Company, Inc. (“Modern Gents”, “we”, “us”, “our”) adopted this California Notice to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). Any terms defined in the CCPA and not defined here have the same meaning when used in this California Notice. The terms of the Privacy Policy, as applicable, are hereby incorporated into this California Notice. Please see our general Privacy Policy here.

  1. NOTICE OF COLLECTION AND USE OF PERSONAL INFORMATION

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not Personal Information. To the extent this data is stored or associated with Personal Information, it will be treated as Personal Information; otherwise, the data is not subject to this notice.

Categories of Personal Information

Within the last twelve (12) months, we have collected the following categories of Personal Information:

Identifiers such as a real name, account name, email address, online identifier, internet protocol address, mobile device identifier (including Apple IDFA or an Android Advertising ID), or other similar identifiers.

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)), such as your name, account or mailing address, phone number.

Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Internet or other electronic network activity information, such as the pages you visit; the sites you use before or after visiting ours; your actions within the Services; the type of content or advertisements you have accessed, seen, forwarded and/or clicked on; Wi-Fi connections; date and time stamps; log files; and diagnostic, crash, website, and performance logs and reports.

Audio, electronic, visual, thermal, olfactory, or similar information, such as voicemails on our customer service phone line.

Inferences drawn from any of the information above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, and shopping behavior.

Precise geolocation data through the use of tracking technologies, , but only where we have obtained your prior written consent (“Sensitive Personal Information”).

We will not collect additional categories of Personal Information other than those categories listed above. If we intend to collect additional categories of Personal Information, we will provide you with a new notice at or before the time of collection.

Sensitive Personal Information

Only where we have received your permission and consent–we collect geolocation information. For example, when using our mobile app, you may be prompted to allow or reject the tracking or your precise geolocation. Under the CCPA, precise geolocation may be considered “sensitive” Personal Information.

We may use such precise geolocation information for the following purposes:

  • purposes as directed by you or for the performance of Service you request and as reasonably expected in the context of such performance;

  • with your consent;

  • to protect our legal interests and to ensure the physical safety of ourselves and other individuals; or

  • to carry out our obligations under applicable law.

We do not sell or share sensitive Personal Information with any third parties for cross-context behavioral advertising or to use for their own purposes. We will only collect and use this information after receiving your prior consent. You have the ability to disable the sharing of this information with us at any time through the settings on your mobile device.

Use of Personal Information

We collect and process your Personal Information for the following business and commercial purposes:

  • Providing, predicting, or performing, including creating, maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, and processing payments.

  • Responding to your requests, communicating with you regarding the Services and our content, providing product information, servicing your requests and orders, and providing you with the applicable services, features or functionality associated with your submission(s).

  • Marketing our products and services to you, including sending you promotional or marketing communications, which may include contests, promotions, and special offers for products and services.

  • For internal business purposes, such as optimizing the Services, evaluating the popularity of content or effectiveness of our marketing campaigns, generating statistics and developing marketing plans, and otherwise for general administrative, analytical, research, optimization, and security purposes.

  • Understanding your use of the Services and improving or customizing the Services and the content, offerings, or advertisements you see on the Services.

  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

  • Debugging to identify and repair errors that impair existing intended functionality.

  • Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.

  • As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.

We will not use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you with notice.

We may use and disclose your Personal Information: (i) in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law; (ii) when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company, our users, or others; and in connection with the enforcement of our Terms of Service and other agreements; or (iii) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Pursuant to and consistent with the purposes for collecting your Information as set forth in this California Notice, we disclose certain categories of Personal Information to third parties for legitimate business purposes. The categories of Personal Information we disclose includes:

  • Identifiers: including but not limited to name, telephone number, address, age, email address, or date of birth;

  • Commercial Information: including but not limited to contact information and order history;

  • Audio, electronic, visual or similar information: such as customer service phone line records.

  • Internet or other electronic network activity information: including but not limited to computer and connection information, IP address, and cookies and other tracking technologies described further above; and

  • Inferences: drawn from the above categories of Personal Data.

The categories of third parties to which we may share the above categories of information, include, without limitation:

  • Our affiliates and related entities;

  • Third party service providers: including, but not limited to, payment processing companies, data analytics and advertising providers, fraud prevention providers, cloud storage providers, IT service providers, delivery partners, and marketing companies; and

  • Law Enforcement.

  1. SOURCES OF PERSONAL INFORMATION

We collect Personal Information from the following categories of sources:

From You. For example, if you choose to create an account on our website; contact us or otherwise communicate with us in any way; subscribe or opt in to our newsletter, alerts, or other communications; subscribe or opt in to SMS messages; sign up for product waitlists; participate in a contest or promotion, order our products; submit product reviews, questions, feedback or user comments; complete an optional survey; contact customer service; or otherwise interact with the Services.

From our Service Providers. For example, we contract with companies or individuals to provide certain services related to the functionality and features of the Services, including content streaming; email and hosting services; software development; data management; orders, payment processing; management of forms, quizzes and polls; customer service; returns; live chat; marketing; fraud prevention; product review and questions; and administration of contests and other promotions. See our Privacy Policy for more information about our services providers.

Operating Systems and Platforms. For example, we automatically collect information relating to the computer or device you are using when you access our Services, such as your computer’s IP address, your mobile device identifiers, the type of browser and operating system you are using, and your device and browser settings.

Data Analytics Providers. For example, we and our technology providers automatically collect data related to your use of the Services through the use of logging and analytics tools (such as Google Analytics), cookies, pixel tags, and other tracking technologies and as a result of your use of and access to the Services, such as the pages you visit, the sites you use before or after visiting ours, your actions within the Services, the type of content or advertisements you have accessed, seen, forwarded and/or clicked on, Wi-Fi connections, date and time stamps, log files, and diagnostic, crash, website, and performance logs and reports. Google Analytics may also collect information through other methods in addition to cookies. Information collected by Google Analytics when you use our Sites, and the way it is used, is described in the applicable Google Privacy Policy and Google Terms of Service.

Advertising Networks. For example, ad networks, such as Google, to serve advertisements across the Internet. These advertisers use cookies, pixel tags, and other tracking technologies to collect information about your online activity and provide online behavioral advertising.

Social Networks. For example, if you connect to our Services through a third-party social network such as Facebook, Twitter or Instagram (each, a “Social Network”), we may collect Personal Information from your profile, such as your name, username, and e-mail address.

Sale or Sharing of Personal Information

We do not sell your Personal Information as the concept of “selling” is traditionally understood as being the exchange of something for money. However, we sell your personal information to, and share your personal information with, third parties for the purpose of cross-contextual behavioral advertising purposes (e.g., targeted advertising and remarketing). Applicable U.S. state data protection laws hold such disclosures and sharing to be considered “selling” or “sharing”. Therefore, you may have the right to opt out of such selling and sharing. In the preceding 12 months, we have sold or shared the following categories of Personal Information with the following categories of third parties and for the following purposes:

Identifiers: We provide such information to analytics, marketing, advertising and remarketing partners and services providers for analytical and targeted advertising purposes, including, to target advertisements to you for goods and services and by displaying those advertisements on other websites.

Internet or other electronic network activity information: We provide such information to analytics, marketing, advertising and remarketing partners and services providers for analytical and targeted advertising purposes, including, to target advertisements to you for goods and services and by displaying those advertisements on other websites.

You have the right to opt out of the selling or sharing of your Personal Information as described herein. You may exercise this right to opt out by utilizing the Global Privacy Control as mentioned in “Do Not Track” section below, or by clicking the Do Not Sell or Share My Personal Information option in the footer of the website and changing your Cookie Settings as described on that webpage. If you have any questions, concerns, or would like more information on our ability to opt out, you can contact us by emailing: privacy@modgents.com

We do not and will not knowingly “sell” or “share” the Personal Information of minors under the age of 16 without affirmative authorization.

Do Not Track

We use analytics systems and providers and participate in ad networks that process Personal Information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We currently process or comply with any web browser’s “do not track” signal or similar mechanisms where required by applicable law. Please note, however, that you may find information about how to opt out of online behavioral advertising and/or block or reject certain tracking technologies in our Privacy Policy. Additionally, residents of certain U.S. states may opt out by broadcasting an Opt-Out Preference Signal under applicable law, including the Global Privacy Control (GPC), depending on which browsers and/or browser extensions you use that may support such a signal. To look at extensions and browsers supporting the GPC browser signal, visit here: https://globalprivacycontrol.org/. Note that if you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

  1. RETENTION OF PERSONAL INFORMATION

We retain your Personal Information for no longer than is needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine retention periods include: (i) the length of time we have on an ongoing relationship with you and provide the Services to you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of compliance with laws (such as, in regard to applicable statutes of limitations, litigation or regulatory investigations).

  1. YOUR CALIFORNIA PRIVACY RIGHTS

California’s “Shine the Light” law permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to privacy@modgents.com, and are free of charge. However, we do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

The CCPA provides California residents with the below rights. For more information about how to exercise your CCPA rights, see the section “Submitting a Verified Consumer Request” below.

Right to Know/Access: You have the right to know Personal Information we have collected about you during the previous 12 months, including:

  • Categories of Personal Information collected about you.

  • Categories of sources from which we collected the Personal Information.

  • Business or commercial purpose(s) for collecting your Personal Information.

  • The categories of third parties we share Personal Information with.

  • Specific pieces of Personal Information we collected.

Right to Correct: You have the right to correct inaccurate Personal Information about you. Once we receive and verify your request, we will use commercially reasonable efforts to correct the inaccurate Personal Information about you.

Data Portability: You have the right to request a copy of Personal Information we have collected and maintained about you during the applicable time period.

Right to Deletion: You have the right to request that we delete the Personal Information we collected from you and maintained, subject to certain exceptions.

Right to Opt-In to Financial Incentives: You have the right to opt-in to financial incentives. You also have the right to opt-out at any time. Please see the “Notice of Loyalty/Financial Incentive” section below for more information about the financial incentive(s) and/or price or service difference(s) that we may offer.

Right to Opt-Out/In of Sale or Sharing: You have the right to opt-out of the sale or sharing of your Personal Information. You also have the right to opt-in to the sale or sharing of Personal Information. Please see our Notice of Right to Opt-Out on our “Do Not Sell or Share My Personal Information” page for more information about your opt-out/in rights.

Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. We do not discriminate against users for exercising the rights granted to them under the CCPA.

We do not use your Personal Information to profile you in furtherance of decisions that produce legal or significantly similar effects (as may be defined under applicable law). You also have the right to submit a complaint about our processing of your Personal Information to the California Privacy Protection Agency at https://cppa.ca.gov/webapplications/complaint.

  1. SUBMITTING A VERIFIED CONSUMER REQUEST

To exercise your rights outlined above, you must provide us with sufficient information to allow us to verify your identity and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.

To exercise your California privacy rights described above, please submit a verifiable request to us by:

Calling us at 1-800-619-7078

Visiting Data Request

Emailing us at privacy@modgents.com

Please note that to exercise your rights to opt-out of targeted advertising and/or the sale of your Personal Information, you must follow the instructions provided under the “Sale or and Sharing of Personal Information” section of the California Policy above. Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your Personal Information. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. We will need to verify your identity with at least two (2) pieces of information, such as name and email address.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.

  1. CONSUMER REQUEST BY AN AUTHORIZED AGENT

If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require the below items:

  • To verify your authorization to request on behalf of a California resident, provide one or more of the following: (1) California Secretary of State authorization, (2) written permission from the California resident, or (3) power of attorney.

  • Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.

To verify the identity of the California resident for whom the request is being made, provide the information set forth above for verification of the consumer request.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.

We will acknowledge receipt of the request within ten (10) business days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

  1. NOTICE OF LOYALTY/FINANCIAL INCENTIVES

From time to time, we may offer a financial incentive and/or price or service difference to our customers related to the collection of Personal Information. This Notice of Financial Incentive(s) explains the financial incentives or price or service differences that we may offer, so that you can make an informed decision on whether you would like to participate.

We offer various financial incentives to customers in certain situations. For example, we may provide discounts, coupons and other benefits (such as free shipping, expedited returns processing and/or VIP customer service) for customers who sign up to receive our marketing emails or join our loyalty program. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name and email address) and commercial information (like your purchase history). You can choose to opt-in to a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt-out of the financial incentive, or our subsequent use of your personal information in connection with a financial incentive, at any time by contacting us at privacy@modgents.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.

  1. MODIFICATIONS AND UPDATES TO THIS CALIFORNIA NOTICE

This California Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this California Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised California Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this California Notice, such as by posting a notice on the Services or sending you an email. Your continued use of the Services following our posting of any revised California Notice will constitute your acknowledgement of the amended California Notice.

  1. ADDITIONAL INFORMATION AND ASSISTANCE

If you have any questions or concerns about this California Notice and/or how we process Personal Information, please contact us at:

Modern Gents
Attn: Privacy

3195 Red Hill Ave. Suite C
Costa Mesa, CA 92626

E-mail: privacy@modgents.com