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Privacy Policy

Mod Bodz Boutique (Mod Bodz or We/ we or Our/ our or Us/ us) is committed to respecting the privacy of your personal information. This Privacy Policy explains our policy for dealing with personal information that we collect through the following channels (here and after, each the Collection Channels), including:

  1. Registering for use these Services and all other services by us;
  2. login information;
  3. Mod Bodz tracking software and systems;
  4. your Mod Bodz account information;
  5. any reviews you post, publish, share, like or comment on a review;
  6. our websites, including, but not limited to, modbodzboutique.com.au;
  7. any mobile and tablet application we may develop in the future;
  8. any related Mod Bodz website, social media page, internal website, intranet and any related Mod Bodz mobile or tablet applications; and
  9. any other means through which an individual provides personal information to Mod Bodz, including either physically or electronically.

You may contact us with any queries you may have in respect of this Privacy Policy or your personal information by contacting Mod Bodz’s Privacy Officer. 

Personal information is important to Mod Bodz

  1. Mod Bodz is committed to safeguarding personal privacy. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise and/or otherwise permissible by and/or required by law, Mod Bodz will only collect and use personal information as set out below.
  2. Throughout this Privacy Policy, we refer to your 'personal information', which means information which identifies you as an individual or which renders you reasonably identifiable. Your full name, gender, date of birth, home address, home telephone number, mobile telephone number, email address and workplace contact details are examples of information which may constitute personal information. Personal information may also include information we may collect about your individual preferences.
  3. Mod Bodz has developed and implemented its Privacy Policy with respect to personal information to reflect world best practice on privacy policies. These principles meet the requirements of the Privacy Act 1988 (Cth) (as amended) and the Australian Privacy Principles (hereinafter “APPs”).
  4. We may in our absolute discretion revise this Privacy Policy at any time without notice. We will post any changes to this Privacy Policy on our Websites and so we encourage you to check this Privacy Policy from time to time.
  5. In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy and consent provisions that apply to certain Collection Channels. Because those specific and additional provisions also relate to your privacy protection, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.
  6. This collection allows Mod Bodz to provide these Services at a high standard including additional communication that you may find useful such as but not limited to special offers, promotional material and reminders. 

What is Personal Information? Personal information that may be requested or provided by you includes, but is not limited to:

  1. contact information such as your full name, date of birth and current and valid email address;
  2. photographs of you;
  3. your gender and marital status;
  4. financial information about you;
  5. more detailed contact preferences;
  6. sensitive information about you;
  7. information regarding your personal interests and interesting and relevant information about you;
  8. your online behaviour and interests based on your online browsing activity (including social interactions);
  9. location data;
  10. information automatically collected by our software to include IP Address, cookies data, performance specifications of the user’s hardware and software, date and time of access to the website and the URL of the page requested;
  11. information about your experience with our products or services or third party products or services listed on a Website. This information is requested in order to tailor our subsequent communications to you and continuously improve our products and services;
  12. your credit card details (where you purchase any products or services from us);
  13. the contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to Mod Bodz and used for the purposes set out in this policy (which may include using their details for marketing purposes);
  14. any other personal information which you directly provide to Mod Bodz. Where you provide us with such unsolicited personal information, we will retain this information where it falls within our primary and/or other purpose/s for collection of personal information (as stated in this Privacy Policy); and
  15. any other personal information requested or required by a Collection Channel included but not limited to user registration information, login information and account information.

Confidential Information

You may be given a unique username and password to access the Website under your login. It is your responsibility only to ensure these details are kept confidential, safe and secure.

Sensitive Information

We will only collect sensitive information with your consent, including where you have provided it to us voluntarily. Where you provide us with any sensitive information (including, but not limited to, information about your religious or political beliefs) in connection with what is requested by a Website, we will only use this information for the purposes stated on the Website and will share this information with our trusted third parties in the manner stated on the Website or in this Privacy Policy.

How Mod Bodz Collects and Holds Personal Information

Mod Bodz will only collect or monitor any personal information about you with your consent including as provided in this Privacy Policy or if it is otherwise lawful to do so. The only personal information collected by us is what has been provided to us in accordance with this Privacy Policy or has been provided to us lawfully by third parties. 

Active Information Collection

Personal information may be collected (and combined) via our Collection Channels if you:

  1. registered as a User;
  2. leave, post or publish a review;
  3. share, like or comment on a review;
  4. log into your account;
  5. use any Mod Bodz tracking systems or software;
  6. have previously provided us with personal information prior to this Privacy Policy coming into effect, either directly from you personally or via a third party;
  7. sign-up and/or register to become a member of any Collection Channel (including via a third party);
  8. purchase a product/service/subscription or participate in any way via a Collection Channel;
  9. subscribe to any alerts, information releases, news, newsletters, updates and media releases, or request launch or event information or information about our products or services or other information services as well as third party products or services;
  10. complete and submit any forms to us;
  11. post any comments on the Website;
  12. communicate with any other users on the Website platform;
  13. contact us directly in person or via any medium including but not limited to by mail, telephone, social media and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) including via the contact details listed on a Website;
  14. participate in any offers, promotions or marketing activities;
  15. interact with a Website for a specific purpose; or
  16. interact with or browse a Website generally.

Personal information is requested in order to facilitate or provide you with certain content, products or services, and information about such content, products or services (including the uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), marketing materials (including direct marketing materials), newsletters, electronic newsletters (e-newsletters), news and media releases / launch information, and also to advise you of other Mod Bodz or third party products, services, offers, competitions or events which may be of interest. You are not obliged to provide personal information. However, failure to do so may result in Mod Bodz being unable facilitate or provide you with certain content, products or services (including access to the Mod Bodz platform), products or services information, upcoming promotion, competition, offer or event information or accept competition entries (where applicable). We may also obtain your personal information from legitimate third party sources including list brokers, social media websites and other data providers or organisations that share data in circumstances where it is lawful and/or you have given permission for them to do so.

Children

The collection of personal information is neither intended for, nor directed to, persons who are under the age of fifteen (15) years old. Personal information will not be collected by any person who is known by Mod Bodz to be under the age of fifteen (15) without the consent of a parent or legal guardian. Persons under age fifteen (15) may only use our Websites with the involvement and consent of a parent or legal guardian.

Passive Information Collection

As with many commercial websites, we may also collect information which tells us about visitors to our Websites. For example, we may collect information about the location, date, time and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a Website. By accessing a Website via links in an email we have sent and/or by accessing a Website generally, you consent to the collection of such information where it is personal information. As you navigate through our Websites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as Unique Device Identifiers (UDI), cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the Privacy Act 1988 (Cth). This is dependent on the device used and the method by which an individual connects to the Internet. Your Internet browser automatically transmits to the Website you are browsing some of this anonymous information or personal information, such as the URL of the website you just came from, the Internet Protocol (IP) address, the UDI (if applicable) and the browser version your device is currently using. Our Websites may also collect anonymous information or personal information from your device through cookies and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of a Website might not work without cookies and this may limit the services provided by a Website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf. Our Websites may use and combine such passively collected anonymous information or personal information from various third party sources, to provide better service to Website visitors and users, customise a Website based on your preferences, compile and analyse statistics and trends, and otherwise administer and improve a Website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a Website, you consent to information about you being collected, compiled and used in this way. For more information about cookies and how you can opt out, you can visit http://www.youronlinechoices.com.au/.

Purpose for which Mod Bodz collects, holds, uses and discloses personal information

Personal information collected will be collected, held, used and disclosed for the following primary purposes jointly and/or severally:

  1. for the purposes for which it was collected (as set out in this Privacy Policy);
  2. for the purposes stated in a privacy collection statement on a particular Collection Channel;
  3. to maintain the functionality of a Website, including the provision of information to you relating to the content available on the Website and e-commerce transactions conducted via the Website;
  4. to process the Registration of Users;
  5. to fulfil obligations in respect of any upload terms of use, sale and purchase contract and/or any other contract between you and Mod Bodz;
  6. to send you any technical, administrative or legal notices, whether or not these are important to our Websites;
  7. to provide you with information about your transactions (including uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), content, services and products, to provide direct marketing materials, events, special offers, competitions and promotions in person and via any medium including mail, telephone and commercial electronic messages [SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email] or any other form of electronic, emerging, digital or conventional communications channel;
  8. to maintain our relationship with you;
  9. to render services related to Mod Bodz;
  10. to provide you with newsletters via mail and electronic newsletters (e-newsletters) via commercial electronic messages;
  11. to respond to enquiries, complaints and complaints handling;
  12. to improve Website and system administration;
  13. to obtain opinions or comments about products and/or services and to conduct other research and development;
  14. to record statistical data for marketing analysis and to conduct market research;
  15. to share personal information with Mod Bodz group companies, our promotional partners and other trusted third parties in the manner described below; and
  16. to the extent permissible by law, for any other purpose as may be deemed reasonably necessary by Mod Bodz in the circumstances.

For the purposes described above, personal information may be shared with Mod Bodz group companies, Mod Bodz promotional partners and other trusted third parties (and their directors, servants and agents) either in Australia or overseas. Failure to provide personal information may result in Mod Bodz being unable to provide you with certain content (including access to the Mod Bodz platform), information, upcoming promotion, event or product information and/or being unable to accept promotion entries (where applicable).

Protection of Personal Information

Mod Bodz recognises the trust with which you provide personal information, and except as stated in this Privacy Policy and/or as except as otherwise permitted by law, such information will not be used or disclosed for any other purposes without your consent. These exceptions include, but are not limited to, data entry, database management, promotions, products and services alerts, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service (the “Service Providers”). These Service Providers are under a duty of confidentiality to us and are only permitted to use the personal information in connection with their functions and not for their own purposes (including direct marketing). However, Mod Bodz reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regulation or legal request, to protect the rights or property of Mod Bodz, any member of the Mod Bodz group, or any member of the public, to protect the integrity of a Website, to fulfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

Storage and Security of Personal Information

Mod Bodz will endeavour to take all reasonable steps to keep secure any personal information recorded (including your credit card details), and to keep this information accurate, up to date, complete and relevant. The information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers. In some cases these facilities may be overseas or may be operated by cloud computing.

Mod Bodz and links to Other Websites

Our Websites may, from time to time, contain links to the websites of other organisations which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy policies, practices or statements. Mod Bodz is not responsible, nor does it accept any liability, for the conduct of organisation linked to our Websites. We may use third party advertisements on our Websites. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by Mod Bodz or any of its affiliates. Mod Bodz is not responsible for the content (including representations) of any third party advertisement on a Website. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control of cookies placed by third parties.

Access and Correction to Your Personal Information

You have the right to access and review your personal information that may be recorded on the Mod Bodz database. Information may be reviewed by contacting Mod Bodz’s privacy officer. Please allow 30 days for this request to be processed.

Data Retention

We retain your personal information for as long as is necessary or your account is active or as needed to provide you with services on the Website. If you no longer want us to use your personal information to provide you with services, you may close your account. However, we may retain and use your personal information as necessary to comply with our legal obligations, resolve disputes and enforce our agreement.

Feedback

If you have any questions about our Privacy Policy, or any problems or complaints about how we have collected, used, stored, handled and/or disclosed your personal information, please contact our privacy officer. Please allow 30 days for this request to be processed. If you do not receive a satisfactory response from Mod Bodz to your query, problem or complaint within 30 days, you may refer your query, problem or complaint to the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page.

Ability of Others to view Information

Mod Bodz may provide areas on a Website where you can upload user-generated content, post or provide information about yourself, communicate with other users, provide reviews for content, products and/or services or interact with or vote on particular content. This information may be shared with others and may be publically posted on our Websites, including without limitation, other social media platforms and other public forums in which you choose to participate. This information may become publically available and may be read, collected and used by others outside of our Websites. Mod Bodz is not responsible for the conduct of others who may read, collect and use this information.

Changing and Deleting Information we have about you

Information contained on the database may be amended, or your preferences for contact from us changed, by contacting Mod Bodz’s privacy officer. Please allow 30 days for this request to be processed. In the same way, a request may be made to delete personal information, and provided this does not in any way interfere with our obligations under this Privacy Policy and/or provided that such deletion does not in any way amount to a violation or breach of any law, then we may consider taking such reasonable steps as we in our discretion decide to take, in relation to the possible or potential deletion of the information. Where we have decided to delete the information, you agree that deletion of information may result in Mod Bodz being unable to facilitate or provide you with information about certain transactions (including the uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), other content, services or product information, upcoming promotion, competition or event information, and/or provide certain content, goods or services. We are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy.

Sale of Company

If Mod Bodz merges with, or is acquired by, another company or organisation, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser or any prospective purchaser’s adviser, and may be among the assets transferred. However, personal information will always remain subject to this Privacy Policy.