Modem Privacy Policy

Last Updated: November 27, 2025

Modem Labs Inc. ("Modem") values and respects your privacy. We have prepared this privacy policy to describe the manner in which we may collect, use and disclose personal information in connection with the Modem platform and related services (the "Modem Platform"), our website located at https://modem.dev/ (the "Website"), or through other interactions with us.

Table of Contents

• Collection and Use of Personal Information
• Sharing of Personal Information
• Information about Our Website
• Safeguards and Retention
• Your Choices
• Our Privacy Policies and Practices
• Updates to the Privacy Policy
• Contact Us

Collection and Use of Personal Information

Information we collect and use to provide Modem

Registration for Modem: When you register for a user account, we collect and use your first name, last name, company name, business title, email address and a password that you create. We use this information to create a user login for you that enables you to access and use the Modem Platform. We monitor use of the Modem Platform in order to detect, investigate and prevent any actual or potential violation of our terms of service and to monitor the performance, use and stability of the Modem Platform.

Usage Data: We may collect and generate usage data, including frequency and duration of usage, specific features or functions accessed, user preferences and patterns of behavior and metadata. We use this information in order to provide customer support, training and update and improve the Platform and Offering.

Payment Processing: We (or our authorized third-party payment processor) collect information to process your payment, including your first and last name, address, email address, phone number, and payment information (including billing address, credit card number, expiration and CVV code). If you pay using a debit or credit card, only the last four digits of your card number, the card type, the expiration date, your postal or zip code and country is stored.

Customer Data: Our customers are able to choose how they use the Modem Platform and what platforms and communications channels they wish to connect to, which may involve the processing of personal information. We rely on our customers to ensure that they have provided the information to us in accordance with applicable privacy laws. If you have any questions about the processing of your personal information by one of our customers, we encourage you to review the customer's privacy policy explaining how they process your personal information or reach out to them directly.

Other information we collect and use

Join Waitlist/Request a Demo: If you contact us to join our waitlist or request a demo of the Modem Platform, we will collect your first and last name, email address, phone number, company name, business title, organization type, employee count, country, and any other information you choose to provide to us for the purpose of contacting you to facilitate your request and discuss how the Modem Platform can serve your needs.

Marketing Communications: We may send you newsletters or other product updates by email. You can unsubscribe at any time by clicking the "unsubscribe" link included at the bottom of each email. Alternatively, you can opt out of receiving email marketing communications by contacting us using the contact information provided in the "Contact Us" section below. Please note that you may continue to receive transactional or account-related communications from us.

Careers: In connection with a job application or related inquiry, you may provide us with certain personal information about yourself (such as that contained in a resume, cover letter, or similar employment-related materials). We use this information for the purpose of processing and responding to your application and assessing your suitability for current and future career opportunities.

Events: If you attend one of our events (or visit a booth at an event), we may collect business contact information such as your first and last name, company name, work email address and phone number. We collect this information so that we can communicate with you about the event and contact you about future events.

Surveys: From time to time, we may offer you the opportunity to participate in one of our surveys. The information collected through our surveys is used in an aggregated, de-identified form. We use this information to help us understand our users and to enhance our Website.

Contact Us: When you contact us with a comment, question or complaint, you may be asked for information that identifies you, such as your name, email, telephone number, and company name, along with additional information we need to help us promptly answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our customer service and products.

Visit our Website: You do not have to register to visit or use our Website. However, we may collect certain personal information when you visit our Website. Please see the "Information about Our Website" section below for detailed information regarding the personal information we collect when you visit and use our Website, and the choices you have with regards to that collection.

Sharing of Personal Information

We do not sell or disclose your personal information to third parties without your consent, except as set forth below or as required or permitted by law.

Service Providers: Your personal information will be transferred (or otherwise made available) to certain third parties (including affiliates) that provide services on our behalf. We use service providers to provide services such as hosting the Website and the Modem Platform and processing payments. Our service providers are only provided with the information they need to perform their designated functions and are not authorized to use or disclose personal information for their own marketing or other purposes. We and our service providers may access, store and otherwise process personal information outside of Canada, including in the United States or other foreign jurisdictions where we or our service providers are located.

Legal and Compliance: We and our Canadian, U.S. and other foreign service providers may provide your personal information in response to a search warrant to other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by U.S. or foreign courts, law enforcement or other government authorities. Your personal information may also be disclosed where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.

Sale of Business: We may transfer any information we have about you as an asset in connection with a proposed or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Modem or as part of a corporate reorganization or other change in corporate control.

Information About Our Website

Visiting our Website: In general, you can visit our Website without telling us who you are or submitting any personal information. However, we collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity and to monitor and improve our Website.

Cookies: Our Website uses a technology called "cookies". A cookie is a tiny element of data that our Website sends to a user's browser, which may then be stored on the user's hard drive so that we can recognize the user's computer or device when they return. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept certain cookies from our Website, you may not be able to take advantage of all of the Website features.

Analytics: We may use a third-party such as Google Analytics to help us gather and analyze information about the areas visited on the Website (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Website. These third parties may use cookies and other tracking technologies.

Third-Party Links: Our Website may contain links to other websites that Modem does not own or operate. We provide links to third-party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat personal information. We encourage you to read the privacy policy of every website you visit.

Safeguards and Retention

We have implemented reasonable administrative, technical and physical measures designed to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfil their job requirements.

We have record retention processes designed to retain personal information for no longer than necessary for the purposes set out herein or as otherwise required to meet legal or business requirements (such as for audit purposes or to resolve disputes). Personal information that we collect on behalf of our customers is retained in accordance with our contractual commitments to our customers.

Your Choices

Marketing Communications

As indicated above, if you have signed up to receive our email communications, you can unsubscribe any time by clicking the "unsubscribe" link included at the bottom of the email. Alternatively, you can opt out of receiving our marketing communications by contacting us using the contact information under "Contact Us" below. Please note that you will continue to receive account-related and informational messages.

Exercising Your Privacy Rights

Subject to applicable law, you have the right to access, update and correct inaccuracies in, and withdraw consent to the processing of, your personal information in our custody or control. You may make such a request or withdraw consent by emailing or writing to us using the contact information set out below. We may request certain personal information for the purpose of verifying your identity when you seek access to your personal information.

If we receive a request to exercise rights in respect of personal information we maintain on behalf of a customer (including a request to withdraw consent), we will direct you to the relevant customer. We will assist our customer wherever possible in responding to your request.

Updates to the Privacy Policy

We may update this privacy policy periodically to reflect changes to our privacy practices. We encourage you to periodically review this page to ensure you are familiar with those changes. We will indicate at the top of this privacy policy when it was most recently updated.

Contact Us

If you have any questions regarding the personal information we process on behalf of our customers, we encourage you to first contact the customer directly and/or review their applicable privacy policy.

If you have any questions or comments about this privacy policy or the manner in which we or our service providers (including our service providers outside Canada) treat your personal information, or to exercise any rights in respect of your personal information, please contact us at:

Ben Vinegar, Chief Executive Officer
365-693-5457
support@modem.dev