Privacy Policy

1. Introduction

This Privacy Policy ("Policy") is entered into by and between you ("User," "you," or "your") and The KPS Group, LLC, a Texas limited liability company, doing business as Modern OS ("Company," "we," "us," or "our"). This Policy governs your access to and use of the Modern OS business management platform (the "Service"), including any related websites, applications, and services offered by the Company.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Policy. If you do not agree with the terms of this Policy, you must not access or use the Service.

2. Information We Collect

Personal Information

We collect personal information that you voluntarily provide to us when you:

• Register for an account (name, email address, company name, password)
• Subscribe to our Service (billing information processed by Stripe)
• Use the Service (jobs, invoices, estimates, sales data you input)
• Contact customer support (correspondence and support tickets)
• Invite team members (email addresses of invitees)

Automatically Collected Information

When you access the Service, we automatically collect certain technical information:

• Device information (IP address, browser type, operating system)
• Usage data (pages visited, features used, time spent)
• Log data (access times, error logs, performance data)
• Cookies and similar tracking technologies

Payment Information

Payment processing is handled by Stripe, Inc. We do not store complete credit card information on our servers. Stripe's privacy policy governs the collection and processing of your payment information.

3. How We Use Your Information

The Company uses collected information for the following lawful business purposes:

• Service Provision: To provide, maintain, and improve the Service
• Account Management: To create and manage your user account
• Billing: To process subscription payments and maintain billing records
• Communications: To send transactional emails, updates, and support responses
• Security: To detect, prevent, and address technical issues and fraudulent activity
• Analytics: To understand how users interact with the Service and improve user experience
• Legal Compliance: To comply with applicable laws, regulations, and legal processes
• Business Operations: To enforce our Terms of Service and protect our rights and property

4. Information Sharing and Disclosure

The Company does not sell, rent, or trade your personal information to third parties. We may disclose your information only in the following circumstances:

Service Providers

We engage third-party companies and individuals to facilitate our Service:

• Stripe: Payment processing
• PostgreSQL: Database hosting and management
• Vercel/Hosting Provider: Application hosting and delivery
• Email Service: Transactional email delivery

These service providers have access to your personal information only to perform specific tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Legal Requirements

We may disclose your information if required to do so by law or in response to:

• Valid subpoenas, court orders, or other legal processes
• Requests from law enforcement or government agencies
• Protection of the Company's legal rights and property
• Prevention of fraud or other illegal activity
• Protection of the safety of users or the public

Business Transfers

In the event of a merger, acquisition, reorganization, bankruptcy, or sale of assets, your personal information may be transferred as part of that transaction. We will provide notice before your personal information is transferred and becomes subject to a different privacy policy.

5. Data Security

The Company implements and maintains reasonable administrative, technical, and physical safeguards designed to protect your personal information from unauthorized access, disclosure, alteration, and destruction. These measures include:

• Encryption of data in transit using SSL/TLS protocols
• Encryption of sensitive data at rest
• Secure password hashing using industry-standard algorithms
• Regular security assessments and updates
• Access controls and authentication mechanisms
• Monitoring for unauthorized access attempts

However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. You acknowledge and agree that you provide your information at your own risk.

6. Data Retention

The Company retains your personal information for as long as necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law. Specifically:

• Active Accounts: Data retained while your account is active
• Closed Accounts: Data deleted within 30 days of account closure
• Backup Copies: May persist in backup systems for up to 90 days
• Legal Requirements: Data may be retained longer if required by applicable law
• Billing Records: Retained for 7 years as required by tax regulations

7. Your Rights and Choices

Subject to applicable law, you have the following rights regarding your personal information:

Access and Portability

You have the right to request access to the personal information we hold about you and to receive a copy of that information in a portable format.

Correction

You have the right to request correction of inaccurate or incomplete personal information. You may also update your account information directly through the Service settings.

Deletion

You have the right to request deletion of your personal information, subject to certain exceptions where we are required to retain information for legal or legitimate business purposes.

Opt-Out

You may opt out of receiving promotional communications from us by following the unsubscribe instructions in those communications. You cannot opt out of transactional emails necessary for the operation of the Service.

Do Not Track

The Service does not currently respond to "Do Not Track" signals from web browsers.

To exercise any of these rights, please contact us at privacy@modernos.app. We will respond to your request within a reasonable timeframe and as required by applicable law.

8. Cookies and Tracking Technologies

The Service uses cookies and similar tracking technologies to enhance user experience, analyze usage patterns, and maintain session state. Cookies are small data files stored on your device.

Types of Cookies We Use

• Essential Cookies: Required for the Service to function (e.g., authentication)
• Analytics Cookies: Help us understand how users interact with the Service
• Preference Cookies: Remember your settings and preferences

You can control cookies through your browser settings. However, disabling certain cookies may limit your ability to use some features of the Service.

9. Children's Privacy

The Service is not intended for use by individuals under the age of 18. The Company does not knowingly collect personal information from children under 18. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us at privacy@modernos.app. If we become aware that we have collected personal information from a child under 18 without verification of parental consent, we will take steps to delete that information.

10. International Data Transfers

The Company is based in the United States. Your information may be transferred to, stored, and processed in the United States or other countries where our service providers operate. These countries may have data protection laws that differ from the laws of your jurisdiction.

By using the Service, you acknowledge and consent to the transfer, storage, and processing of your information in the United States and other jurisdictions as described in this Policy.

11. California Privacy Rights

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA):

• Right to know what personal information is collected, used, shared, or sold
• Right to delete personal information held by us
• Right to opt-out of the sale of personal information (we do not sell your information)
• Right to non-discrimination for exercising your CCPA rights

To exercise these rights, please contact us at privacy@modernos.app. We will verify your identity before processing your request.

12. Changes to This Privacy Policy

The Company reserves the right to modify this Policy at any time, in its sole discretion. Any changes will be effective immediately upon posting the revised Policy on the Service. The "Last updated" date at the top of this Policy will reflect the date of the most recent revision.

We will notify you of material changes to this Policy by email or through a notice on the Service. Your continued use of the Service after any changes to this Policy constitutes your acceptance of the revised Policy.

We encourage you to review this Policy periodically to stay informed about how we collect, use, and protect your information.

13. Contact Information

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, you may contact us at: