This Privacy Policy has been updated and is valid from the 4th of November 2021.

Modibodi Pty Ltd ABN 99 609 106 872 (“Company”) or its related bodies corporate or any person or entity authorised by the Company to trade as “Modibodi Pty Ltd” (“Modibodi”, “We” or “Us”) manages the information that We collect from you in accordance with the Australian National Privacy Principles set out in the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).

This Privacy Policy describes how we handle your personal information, and sets out the rights and obligations that both you and Modibodi Pty Ltd have in relation to your personal information. By accessing www.modibodi.com, www.modibodi.co.uk, www.modibodi.co.nz, eu.modibodi.com, us.modibodi.com (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.

We may collect your personal information when you:

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:

• name;
• residential or business address;
• email address;
• post code;
• telephone number;
• purchasing habits;
• whether you are over 18 years of age;

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

All confidential credit card information required by the site is processed by Braintree Australia Pty. Ltd. We do not store the credit card details for any customer in its our own infrastructure.

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.

How we collect your personal information

• 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 IP addresses, cookies (see section 2 below), software and hardware attributes 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

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”).

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 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. The techniques our partners employ means that they do not collect personal information such as your name, email address, postal address or telephone number.

Unsolicited information
If you submit unsolicited personal information to Us, We will 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 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 all 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
Your use of the Site may result in the transfer of your personal information across international boundaries. Your use of the Site will be taken as consent to these transfers. 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 Australia and the United Kingdom.

Direct Marketing
When you register on the Site you may receive updates on our latest products and services, news, special offers, cart reminders, 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 and/or SMS text message to the phone number you have provided. The Site uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via email and/or SMS text message.

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 or SMS text message 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 or all of the ways mentioned in this section.

If you have unsubscribed to receive marketing communications through a specific communication mode (e.g. SMS text message) we may still contact you via other communication modes you have subscribed to (e.g. email).

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, phone number 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.

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
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.

To contact Modibodi email info@modibodi.com.