The agreement states that Modal may collect and use aggregate or permanently anonymized usage data for its own business purposes both during and after the agreement term, and that this right survives termination. The definition of Service Metrics requires that the data not identify an individual or Customer and that technical safeguards against reidentification be in place.
This analysis describes what Modal's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a post-termination data retention and use right for Modal covering aggregate and anonymized usage data, which operates as an exception to the general data deletion obligations upon termination. The enforceability of the anonymization standard as a basis for excluding this data from privacy law obligations depends on the robustness of the anonymization and reidentification safeguards, which the agreement states are implemented but does not detail in the main terms.
Interpretive note: Whether Modal's anonymization standard satisfies the GDPR or CPRA threshold for exclusion from personal data obligations depends on the specific technical measures applied, which are not fully described in the agreement text.
Under this clause, Modal retains the right to collect and use aggregate and permanently anonymized usage data derived from Customer's use of the Service indefinitely, including after the agreement ends. The agreement states that technical safeguards and business processes to prohibit reidentification are in place, though the specific measures are not described in the main terms.
Cross-platform context
See how other platforms handle Service Metrics Collection and Retention Post-Termination and similar clauses.
Compare across platforms →"Notwithstanding anything to the contrary, Customer acknowledges and agrees that Modal may collect and use Service Metrics for its own business purposes during the term of this Agreement and thereafter. "Service Metrics" means data and information related to Customer's or its Users' use of the Services that is used by Modal in an aggregate and/or permanently anonymized manner such that it does not identify an individual or Customer, and for which Modal has implemented technical safeguards and business processes to prohibit reidentification of such data.Excerpt from Modal's Terms of Service
(1) REGULATORY LANDSCAPE: This provision engages GDPR's anonymization standard, which requires that data be irreversibly anonymized to fall outside the regulation's scope.
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This provision establishes a post-termination data retention and use right for Modal covering aggregate and anonymized usage data, which operates as an exception to the general data deletion obligations upon termination. The enforceability of the anonymization standard as a basis for excluding this data from privacy law obligations depends on the robustness of the anonymization and reidentification safeguards, which the …
Under this clause, Modal retains the right to collect and use aggregate and permanently anonymized usage data derived from Customer's use of the Service indefinitely, including after the agreement ends. The agreement states that technical safeguards and business processes to prohibit reidentification are in place, though the specific measures are not described in the main terms.
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