Our Privacy Policy

Modibodi Pty Ltd ABN 99 609 106 872 (“Company”) and its related bodies corporate and other related entities, and any other person or entity authorised by the Company to trade as “Modibodi” from time to time (“Modibodi”, “We” or “Us”) has implemented this privacy policy to provide information about the kinds of Personal Information (as defined below) that We collect from you. If you are resident in the United Kingdom or the European Union, We are the controller for the purposes of the EU General Data Protection Regulation (EU 2016/679) ("GDPR") and are responsible for your Personal Information.

This Privacy Policy describes how We handle your personal information, and sets out the rights and obligations that both you and Modibodi have in relation to your Personal Information. By accessing www.modibodi.com, www.modibodi.co.uk or www.eu.modibodi.com including any of their subdomains and any other website we operate from time to time (collectively the “Site”) you accept and agree to the terms and conditions of Modibodi’s user agreement (“User Agreement”), which includes your consent to, and authorisation of, the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

Personal Information
"Personal Information" is information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable. If you are based in the United Kingdom or the European Union, "Personal Information" includes "personal data" as defined in the GDPR.

Personal Information We collect
The Personal Information We collect from you is what is reasonably necessary for our business functions. We may collect the following types of Personal Information from you:

Identity Data: your name, date of birth, gender, clothing size and whether you are over 18 years of age;
Contact Data: your delivery, residential or business address, postcode, email address and telephone number;
Transaction Data: details of your payments and purchasing habits.
Technical Data: devices that you use, when you use a computer, mobile phone, smart phone, tablet, or other device to access or interact with Us through our online presences (including the Site, websites or pages, social media accounts and other online presences). This information may include session cookies or IP address.
Marketing and Communication Data: your preferences in receiving marketing from Us and our third parties and your communication preferences.

We may also collect images of you if you are an influencer of our products and/or services.

In general, We do not collect any sensitive information (including Special Categories of Personal Data as defined under the GDPR) about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data), unless you provide it directly to us or we otherwise have your consent. Nor do We generally collect any information about criminal convictions and offences, except where you provide it to us or we otherwise have your consent.

All credit card information required by the Site may be processed by Braintree Australia Pty Ltd. We do not store the credit card details for any customer in our own infrastructure.

If you fail to provide Personal Information
If you do not provide information requested by Us, or if We are unable to collect your Personal Information:

it may mean that We are unable to provide some or all of our products and services to you;
We may be unable to communicate with you to provide information about the products and services that you have purchased from Us, or may intend to purchase in the future;
We may be unable to tailor the content of our marketing communications to suit your preferences;
your experience when interacting with Us may be delayed or not as efficient as you might expect; or
you may not be able to operate as an influencer for our products and/or services.

How We collect your Personal information
You are not anonymous to Us when you log into the Site or post any content on the Site or any associated forum. To enable Us to improve our existing services and to create new service features, We may collect, and share with other users and our service providers, information about the way you use our services, including (but not limited to) the transactions you enter into on the Site.

We may collect your Personal Information when you:

have consented to your Personal Information being shared with Us and that consent has not been withdrawn;
use the Site to create an account, place an order or subscribe to our marketing programs;
access and use the Site, or interact with Us via social media or digital media;
provide information to our team members; or
otherwise communicate in a public forum on the Site.

We do not in any way control, and do not accept any responsibility or liability whatsoever for, the disclosure or use of Personal Information which is voluntarily posted by you in any publicly accessible area of the Site.

We may also receive and record information from your internet browser and computer, including, but not limited to, IP addresses, cookies (see below), software and hardware attributes, session information and your page requests.

In addition to data collected from your submissions, We may also collect data on your internet behaviour from Facebook, other social media sites, and other services.

How We use your personal information
Most commonly, We will use your Personal Information in the following circumstances:

Where We need to perform the contract We are about to enter into or have entered into with you;
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and where We need to comply with a legal obligation.

We use the Personal Information we collect about you for our business functions and activities, in order to operate our business efficiently, and to market our products and services for the benefit of our customers.

If you are based in the United Kingdom or European Union, We generally do not rely on consent as a legal basis for processing your Personal Information, although We will get your consent before sending third party direct marketing communications to you via email or text message.

You have the right to withdraw consent to marketing at any time by contacting Us as set out below.

Purposes for which We will use your Personal Information
We collect your Personal Information for the primary purpose of being able to sell, deliver and promote our products and services to you. We also collect your Personal Information for the following purposes:

to identify you and authenticate your Modibodi account;
to protect Modibodi and the users of the Site;
to customise the content and any advertising displayed on the Site;
to provide, maintain, protect and improve our products and services;
to develop new service features;
to deliver products and services to you;
to identify your shopping preferences and a list of products and services you have purchased from Modibodi. This may include your shopping history, product types, departments, specifications, sizes, dimensions, colours, occasion date, or other attributes of products and services We have provided to you or may provide to you in the future;
to communicate with you, including about products and services, special offers and events which might interest you;
to answer your questions and provide you with information or advice;
to collect information you provide to Us via our Site, application forms, or directly to team members in relation to our products and services;
to understand your marketing preferences, including the type of marketing materials you wish to receive and the method of delivery (email or other);
to interact with you via social media and digital marketing;
to identify the devices that you use, when you use a computer, mobile phone, smart phone, tablet, or other device to access or interact with Us through our online presences (including the Site, websites or pages, social media accounts and other online presences). This information may include session cookies, your device IMEI number, IP address or MAC address; and
to comply with laws or regulations or to comply with any directions given by regulators or authorities, (each a “Purpose” and together, the “Purposes”).

We may otherwise collect, use or disclose your Personal Information where the collection, use or disclosure is:

in accordance with this privacy policy or any agreement you enter into with us; or
required or authorised by law, including, without limitation, the Australian Privacy Principles under the Australian Privacy Act 1988 (Cth).

If you are resident in the United Kingdom or the European Union, We have set out in the table below a description of all the ways We plan to use your Personal Information, and which of the legal bases We rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose / Activity Type of Personal Information Lawful basis under the GDPR for processing including basis of legitimate interest

To identify you and authenticate your Modibodi account

Identity
Contact
Performance of a contract with you
Necessary for our legitimate interests: to keep records of our customers

To provide, maintain, protect and improve our products and services , deliver products and services to you

Identity
Contact
Transaction
Marketing and communication
Performance of a contract with you
Necessary for our legitimate interests:
- to process payments and refunds
- to recover debt due to Us

To manage our relationship with you which will include:

To communicate with you, including about products and services, special offers and events which might interest you
To answer your questions and provide you with information or advice
Notifying you about changes to our terms or privacy policy
Asking you to leave a review or take a survey
To answer your questions and provide you with information or advice;
Identity
Contact
Profile
Marketing and Communications
Performance of a contract with you
Necessary for our legitimate interests:

keep our records updated;
understand how customers use our products and services;

Necessary to comply with a legal obligation: to update you about changes to our terms and privacy policy

To administer and protect this website, including:

To protect Modibodi and the users of the Site

To develop new service features

To identify the devices that you use, when you use a computer, mobile phone, smart phone, tablet, or other device to access or interact with Us through our online presences (including the Site, websites or pages, social media accounts and other online presences). This information may include session cookies, your device IMEI number, IP address or MAC address

Identity
Contact
Technical
Necessary for our legitimate interests:

for running our business,
provision of administrative and IT services, network security, to prevent fraud and in the context of a business reorganization or ground restructuring exercise
To develop new service features

To provide, maintain, protect and improve our products and services including:

To identify your shopping preferences and a list of products and services you have purchased from Modibodi. This may include your shopping history, product types, departments, specifications, sizes, dimensions, colours, occasion date, or other attributes of products and services We have provided to you or may provide to you in the future
To communicate with you, including about products and services, special offers and events which might interest you
To collect information you provide to Us via our Site, application forms, or directly to team members in relation to our products and services;
To understand your marketing preferences, including the type of marketing materials you wish to receive and the method of delivery (email or other);
To interact with you via social media and digital marketing;
To customise the content and any advertising displayed on the Site
To answer your questions and provide you with information or advice
Identity
Contact
Transaction
Technical
Marketing and Communications
Necessary for our legitimate interests:

to interact with you;
to keep our records updated;
to understand how customers use our products and services;
to understand the demand for our products and services.

To comply with laws or regulations or to comply with any directions given by regulators or authorities necessary to comply with a legal obligation

Cookies

We may use first and third-party cookies and anonymous identifiers for a number of purposes including to access your information when you sign in, keep track of your preferences, direct specific content to you, report on Modibodi’s user base, and to improve Modibodi’s products and services.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. You agree that if you change the settings on your internet browser to block or restrict cookies (including cookies associated with Modibodi’s products and services), or to indicate when a cookie is being set by Modibodi, the Site may not work as intended. While you may still be able to use the Site if your cookies are disabled, the Site may not function properly on your device and you may not be able to take advantage of certain features of the Site.

As you browse the Site, advertising cookies will be placed on your computer so that We can understand what you are interested in. Our display advertising partner then enables Us to present you with retargeting advertising on other sites based on your previous interaction with the Site.

Third party content (e.g. social media links)

Some of the content on our Website includes applications made available by third parties, such as social media buttons or links that allow you to share content or links to our Website through the relevant third party platforms. These third party applications themselves may facilitate collection of information by those third parties, through your interaction with the applications and sometimes even if you do not interact directly with them. We are not responsible for the technical operation of these applications or the collection and use practices of the relevant third parties. Please visit the relevant third party websites to understand their privacy practices and options they may make available to you in relation to their collection of your Personal Information.

Unsolicited information

If you submit unsolicited Personal Information to Us, We may use it in accordance with the Privacy Policy.

If you submit unsolicited Personal Information and We determine that We could not have collected the Personal Information in accordance with the Privacy Policy, We will take reasonable steps to destroy the information or ensure that the information is de-identified as soon as practicable.

Protecting and Maintaining Personal Information

Your account is protected by a password for your privacy and security. We will take reasonable steps to protect the information We hold about you from unauthorised access, use and disclosure. However, We cannot guarantee the absolute security of that information, or that our systems will be secure from unauthorised access, modification or disclosure. All the personal information you provide to Us is protected by an encrypted connection. However, the Internet is not in itself a secure environment and We cannot give an absolute assurance that your information will be secure at all times. Transmission of Personal Information over the Internet is at your own risk and you should only enter, or instruct the entering of, Personal Information to the Site within a secure environment.

You are entirely responsible for maintaining the security of your passwords and/or account information.

Disclosure of your Personal Information

Your Personal Information may be disclosed in connection with any purpose to any of the following persons:

our employees, contractors or service providers, to the extent reasonably necessary to fulfil our obligations to you. This may include internet service providers, IT systems administrators, mailing houses, couriers, payment processors and data entry service providers;
our business advisors, including lawyers, accountants or other professional service providers, to the extent reasonably required;
suppliers, delivery providers and other service providers and third parties with whom We have commercial relationships, for business, marketing and related purposes;
a third party where that third party acquires or intends to acquire Modibodi or its assets;
if required by law, to any person authorised by such law; and for any other purpose permitted by law.

Your Personal Information will not be disclosed other than as described in this Privacy Policy.

Cross-border disclosure of Personal Information

Some of your Personal Information may be disclosed, transferred, stored, processed or used across international boundaries by us or by our third party service providers. If you provide Us with your Personal Information, you acknowledge and agree that We may disclose your Personal Information to any of our service providers that are located in countries outside of the country where you are resident as set out in this Privacy Policy and you will be taken to have given consent to these transfers.

In particular, We share your Personal Information within the Modibodi Group, which has operations in Australia, New Zealand, USA, United Kingdom and the European Union. Your Personal Information may also be disclosed to third parties in Papua New Guinea, the Phillippines and such other countries in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy. In these circumstances, you consent to the disclosure to, and the collection, use, storage and processing of your Personal Information in those countries, without us being responsible under the Australian Privacy Act 1988 (Cth) for such use (or for any breach).

If you are resident in Australia, where such parties are located overseas, you may have rights to enforce such parties' compliance with applicable data protection laws, but you might not have recourse against those parties under the Australian Privacy Act in relation to how those parties treat your personal information.

If you are resident in the UK or the EU, whenever We transfer your Personal Information out of your resident country, We ensure a similar degree of protection is afforded to it by ensuring that where We use certain service providers, We may use specific contracts approved by the European Commission which gives Personal Information the same protection it has in Europe.

Your legal rights

If you are based in the UK or the EU, under certain circumstances, you have rights under data protection laws in relation to your Personal Information:

Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information We hold about you and to check that We are lawfully processing it.
Request correction of the Personal Information that We hold about you. This enables you to have any incomplete or inaccurate information We hold about you corrected, though We may need to verify the accuracy of the new information you provide to Us.
Request erasure of your Personal Information. This enables you to ask Us to delete or remove Personal Information where there is no good reason for Us to continue to process it. You also have the right to ask Us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where We may have processed your information unlawfully or where We are required to erase your Personal Information to comply with local law. Note, however, that We may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your Personal Information which We are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where We are processing your Personal Information for direct marketing purposes. In some cases, We may demonstrate that We have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your Personal Information. This enables you to ask Us to suspend the processing of your Personal Information in the following scenarios:

if you want Us to establish the information’s accuracy;
where our use of the information is unlawful but you do not want Us to erase it;
where you need Us to hold the information even if We no longer require it as you need it to establish, exercise or defend legal claims; and
where you have objected to our use of your information but We need to verify whether We have overriding legitimate grounds to use it.

Request the transfer of your Personal Information to you or a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for Us to use or where We used the information to perform a contract with you.
Withdraw consent at any time where We are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, We may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Direct Marketing

When you register on the Site (and, if you are resident in the United Kingdom or the European Union and you have provided express consent), you may receive updates on our latest products and services, news and special offers, and those of our valued affiliate service providers and other third parties with whom We have commercial relationships (“Marketing Material”), via your Modibodi account, personal e-mail address.

We will get your express opt-in consent before We share your Personal Information with any third party for the third party's own marketing purposes.

You can ask Us or third parties to stop sending you Marketing Material at any time. Once you receive Marketing Material, you may, at any time, opt-out of receiving Marketing Material. To opt-out you can click on the “unsubscribe” link in any email containing Marketing Material that We send you, or you can request an opt-out by emailing Us using the contact information provided on the Site. If you no longer consent to receiving Marketing Material then you must opt-out in one of the ways mentioned in this section.

We may contact you as the result of a referral by another user of the Site who has provided Us with contact information, such as your name and email address. The use of contact information received in connection with a referral will be governed by this Privacy Policy. You may, at any time, opt-out of the Modibodi referral system by emailing Modibodi using the contact information provided on the Site.

Administrative Communications

We reserve the right to send you administrative and account-related messages that you may not opt-out of. To cease all communications to you from Us, you must close down your Modibodi account.

Accessing Personal Information

We will allow you, at any time, to access, edit, update and/ or delete the Personal Information that We hold about you, unless We are legally required or permitted to deny you access to, and/or to retain, the information; or you make request(s) that are unreasonably repetitive, require Us to make a disproportionate technical effort (for example, to develop an entirely new system), risk the privacy of others, or would be highly impractical to comply with.

You can access, edit, update and/or delete your Personal Information by logging in to your Modibodi account online and changing the information we hold in your account.

Updates to our Privacy Policy

We may, at any time and from time to time, modify this Privacy Policy (and update the webpage on which it is displayed). The most up-to-date Privacy Policy will be available on the Site. Your continued use of the Site after any update or alteration to this Privacy Policy will indicate your agreement with the terms of such updated or altered Privacy Policy.

Privacy Concerns and complaints

If you wish to access the Personal Information We hold about you, or to delete your Modibodi account, you should email Us using the contact information provided on the Site.

We need to prevent information in our systems from being accidentally or maliciously destroyed. This means that, where you delete information from the Site, residual copies of that information on our active servers, as well as any corresponding information on our back-up systems, may not be immediately deleted.

If you feel that We have not respected your privacy or that We have conducted ourselves inconsistently with this Privacy Policy, please contact Us as specified below and advise Us as soon as possible. We will investigate your queries and privacy complaints within a reasonable period of time depending on the complexity of the complaint.

It would assist Us to respond to your complaint promptly if it is made in writing. Please detail information relevant to your complaint.

We will notify you of the outcome of our investigation.

If you are based in the United Kingdom, you have the right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues (www.ico.org.uk).

If you are based in other EU countries, you have the right to make a complaint at any time to your respective national data protection authority.

We would, however, appreciate the chance to deal with your concerns before you approach the relevant data protection authorities so please contact Us in the first instance.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact Modibodi in any of the following ways:

Email address: info@modibodi.com or info@modibodi.co.uk
Mailing address: Po Box 321, Balmain, NSW 2041
Social media direct message
live chat

This Privacy Policy was last updated on, and is valid from, 28 April 2020.