Privacy Policy

Last updated and effective date: 14 October 2022

This Privacy Policy describes how Modu International Pty Ltd (ABN 13657998162) (collectively and individually referred to as “Modu”, "we", "our", "us"), collects, uses, shares and protects your Personal Data. It also tells you about the rights and choices you have with respect to your Personal Data, and how you can reach us to get answers to your questions.

(1) What Our Privacy Policy Covers

This Privacy Policy covers the Personal Data that Modu obtains about you in various contexts, both online and in store, including when you visit, access and/or use our websites in both their web and mobile versions (such as “www.modubeauty.com”), as well as any other web or mobile platforms owned, operated or managed by Modu (such websites may be collectively or individually referred to as the “Site”), visit us in our stores, use any of our services in our stores, communicate or interact with us, or participate in any of our promotions, programs or events. When we use the term “Personal Data” we are referring to all data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access to, as well as any information for which the collection, disclosure, use or processing of is subject to data protection laws or regulations in any jurisdiction in which our stores and/or Sites are made available by us. Our Sites may include links to third party websites and/or applications. Please note that we have no control over the processing of Personal Data by websites or applications not owned by Modu. This Privacy Policy shall be governed in accordance with the laws of Victoria, Australia. This Privacy Policy complements and should be read together with the General Terms and Conditions of Sale and the Website Terms, as well as any documents or information notices referring to this Privacy Policy.

(2) What We Collect

You have no obligation to provide any of the Personal Data requested by us. However, depending on circumstances, it may be the case that if you do not provide the requested Personal Data, we may not be able to transact with you or otherwise provide you with certain products and services. The following are examples of the various ways in which we may interact with you, and some of the types of Personal Data that we will/may collect, use, disclose and/or process in connection with that interaction. The column ‘Examples of Some of the Personal Data or Data Collected’ does not purport to exhaustively state the types of Personal Data that may be collected from you corresponding to the specified activity/interaction.

Examples of Some of the Personal Data or Data Collected

Account Registration

When you create an account, we collect your name, phone number, e-mail address and date of birth. We may also collect your address if you choose to provide it. You can choose to save certain information in your account to use for future purchases, such as your shipping addresses and payment information (“Card On File”). When you add a Card On File to your account, we collect your payment information details, billing address, phone number, and postcode.

Modu Loyalty Programme

When you join the Modu Loyalty Programme, we collect your name, your date of birth, phone number, e-mail address and mailing address. When you use your Modu Loyalty Programme, we collect information about your purchase history.

Browsing Activity and Website Usage

When you visit or use our Sites, we collect certain information about how you use and navigate our Sites, such as which links you click on, which pages or content you view, and other similar information or statistics. We also collect technical information about your device, operating systems, and web browser type.

Communications with us

When you communicate with us, including contacting us for support, to provide feedback or comments, to participate in a survey, or to make a request or other inquiry, we collect your name and contact information (such as e-mail address or phone number), as well as any other information that you choose to provide to us. In some cases, we record customer service calls for quality assurance.

Happening at Modu

When you book a reservation for one of our services, classes, or when you RSVP for one of our events, we collect your name, contact number, e-mail and other information you provide in your booking or RSVP.

Marketing Communications

When you sign up to receive or otherwise consent to receiving marketing communications from us, such as e-mail communications, mobile message (including via text message and/or push notifications), and postal mailings, we collect your contact information. We may also collect certain information about how you interact with the marketing communications we send you. When you participate in a sweepstake, contest, or other similar campaign or promotion, we may collect your name, contact information, and in some cases limited demographic information and content generated by participants. Some campaigns and promotions have a social networking component, and if you choose to submit additional information such as social media profiles and handles, photographs, and other content, we will collect such information as well. Sweepstakes, Contests, and Promotions When you participate in a sweepstake, contest, or other similar campaign or promotion, we may collect your name, contact information, and in some cases limited demographic information and content generated by participants. Some campaigns and promotions have a social networking component, and if you choose to submit additional information such as social media profiles and handles, photographs, and other content, we will collect such information as well.

In addition to the Personal Data we collect from you directly, we may also obtain information about you from other sources, including third parties business partners, our affiliates, or publicly available sources. For example, if you have given Modu permission to store your credit card information (e.g. by adding a Card on File) and your credit card issuer provides an account updater service, we may receive updated credit card information (including credit card number and expiration date) from the credit card issuer.

(3) How We Collect, Use, Disclose Your Personal Data

We will/may collect, use, disclose and/or process your Personal Data for one or more of the following purposes:

(a) administering, facilitating, processing and/or dealing in any matters relating to your use or access of the Sites. Without limiting the generality of the foregoing, if you: (i) gain access to or sign in to the Sites, using your login credentials of a Social Networking Site, or (ii) use any features of a Social Networking Site such as its widgets, plug-ins and browser push notifications, made available to you on our Sites, it may result in information or your Personal Data being collected or shared between us and the third party operating the Social Networking Site. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook. “Social Networking Site” refers to an online or digital platform owned or operated by a third party, that is used by people to build social networks or social relations, or to interact, with other people, such as but not limited to Facebook, Instagram, Twitter. By your proceeding pursuant to (i) or (ii) above, you consent to such collection, use or disclosure of your Personal Data;

(b) monitoring, processing and/or tracking your use of the Sites in order to provide you with a seamless experience, facilitating or administering your use of the Sites, and/or to assist us in improving your experience in using the Sites;

(d) registering you as a customer of Modu and/or to deal with, process and/or administer the account that you may open with us, including to facilitate your transactions or activities on the Sites, or your transactions or activities with us;

(e) administering, facilitating, processing and/or dealing with your relationship with us, any transactions or activities carried out by you on the Sites, App or at our retail stores. This includes processing your application, orders and payment transactions; implementing transactions and the supply of products and/or services to you that you have requested. Without limiting the generality of the foregoing, should you make a purchase to be delivered to a third party recipient, you consent to us disclosing Personal Data that identifies you, to the said third party recipient (such as but not limited to your name). Further, you acknowledge and agree that delivery of your purchase could involve disclosure of certain Personal Data about you to bring about delivery of the same such as your name and contact details, which may be disclosed on the cover of the parcel, on an envelope or a delivery related document, as the case may be, which could be seen by third parties who view such parcel, envelope or said document;

(f) carrying out your instructions or responding to any enquiry given by (or purported to be given by) you or on your behalf including responding to your customer service enquiries and complaints; or responding to or dealing with your interactions with us;

(g) contacting you or communicating with you via phone/voice call, text message and/or fax message, email and/or postal mail for the purposes of administering and/or managing your use of the Sites, your Modu membership and/or account with us, your relationship with us or any transactions made by you with us. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain Personal Data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;

(h) providing services to you as our account holder, as our customer, as a member of our loyalty program(s) or when requested by you; dealing with or administering your participation in contests, gamification, social events organized by us;

(i) sharing or disclosing (at our discretion) your suggestions, comments, feedback or content (including audio, video etc.) (collectively “Feedback” ) that you provide through Social Networking Sites, to the Sites, or to us (including in person at the retail stores), with other users of the Sites or with the public, for publicity and/or promotion purposes with a view to marketing or showcasing the business of Modu, and/or to acquiring customers, and/or for the purpose of providing the public with your Feedback which may be useful for the public’s purchasing decision or for the public’s information or otherwise. This includes us disclosing your name together with your Feedback. Without limiting the generality of the foregoing, in the above regard, your Feedback and name may/will be published or shared by us on public media platforms such as the newspaper, the Internet, in our (including our affiliates’) annual reports (if any) etc., and/or incorporated as part of Modu’s marketing collaterals/materials or corporate video to be disclosed to the public, and you hereby consent to the same. Please do not provide us with Feedback if you do not wish for such Feedback to be disclosed to the public. If you wish to give us your Feedback without it being disclosed to the public, please separately email our Customer Department at Modubeauty@gmail.com and head the subject of your email with the word “Confidential”;

(j) where you have provided your consent to us, whether such consent was obtained through the Sites, the retail store(s) or otherwise, sharing your Modu Profile Personal Data with or disclosing your Modu Profile Personal Data to other users of the Site or with/to the public, through the Site or any other media (whether print, online or otherwise) or communication platform as we so choose, at our discretion, such as but not limited to as part of Modu’s marketing collaterals/materials or corporate video. “Modu Profile Personal Data” includes your name, skin type/ concerns, eye colour, hair colour and type, and other information related to your beauty profile, which you provide;

(k) carrying out due diligence or other screening activities (including background checks) in accordance with legal or regulatory obligations (in any Country/Region) applicable to us or our affiliates/associated companies, the requirements or guidelines of governmental authorities (in any Country/Region) which we determine are applicable to us or our affiliates/associated companies, and/or our risk management procedures that may be required by law (in any Country/Region) or that may have been put in place by us or our affiliates/associated companies;

(l) to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with and/or investigating complaints;

(m) complying with or as required by any applicable law, court order, order of a regulatory body, governmental or regulatory requirements of any jurisdiction applicable to us or our affiliates/associated companies, including meeting the requirements to make disclosure under the requirements of any law binding on us or our affiliates/associated companies, and/or for the purposes of any guidelines issued by regulatory or other authorities (in any Country/Region), with which we or our affiliates/associated companies are expected to comply;

(n) complying with or as required by any request or direction of any governmental authority (in any Country/Region) which we are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities (including but not limited to the Australian Border Force and Australian State or Territory Ministries of Health) (in any Country/Region). For the avoidance of doubt, this means that we may/will disclose your Personal Data to such parties upon their request or direction;

(o) conducting research (including customer research), surveys, market surveys, analysis and/or development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities, or to improve our understanding of your interests, concerns and preferences, in order to enhance any continued interaction between yourself and us connected or in relation to the Sites or improve any of our products or services. Without limiting the generality of the foregoing, we may/will in this regard send you surveys or request a face-to-face interview survey, by way of email or postal mail;

(p) storing, hosting, backing up (whether for disaster recovery or otherwise) of your Personal Data, anywhere in the world;

(q) facilitating, dealing with and/or administering external audit(s) or internal audit(s) of the business of Modu or that of its affiliates/related corporations;

(r) for marketing purposes where you have provided your consent to us for the same, and with such consent, we (and/or our related corporations and affiliates) may/would be providing you with marketing, advertising and promotional information, materials and/or documents relating to products, services and/or events (including products, services and/or events of third party organisations with which we may collaborate with), that we (and/or our related corporations and affiliates) or such third party organisations may be selling, marketing, offering, organizing, involved in or promoting, whether such products, services and/or events exist now or are created in the future. You may opt out of receiving marketing messages at any time through the ”unsubscribe” facility in the message, or by contacting our Customer Department at Modubeauty@gmail.com;

(s) dealing with and/or facilitating a business asset transaction or a potential business asset transaction, where such transaction involves Modu as a participant or involves only a related corporation or affiliated company of Modu as a participant or involves Modu and/or any one or more of Modu’s related corporations or affiliated companies as participant(s), and there may be other third party organisations who are participants in such transaction. “business asset transaction” includes the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organisation;

(t) to implement and maintain our information technology systems, including to store and process Personal Data in computer databases and servers located anywhere in the world;

(u) anonymization of your Personal Data. In this regard, you acknowledge that Personal Data that has been anonymized is no longer Personal Data;

(v) record-keeping purposes and producing statistics and research for internal and/or statutory reporting and/or record-keeping requirements, of Modu or of its affiliates/related corporations; and

(4) How We Share Your Personal Data

Modu may share and disclose your Personal Data to third parties anywhere in the world from time to time for one or more of the Purposes described in this Privacy Policy. In this regard, you agree and consent that we are permitted to disclose your Personal Data to such third parties anywhere in the world for one or more of the Purposes, and for such third parties to subsequently collect, use, disclose and/or process your Personal Data, for one or more of the Purposes. Without limiting the generality of the foregoing, Modu may share or disclose your Personal Data to the following third parties or in the following circumstances for one or more of the Purposes or other purposes stated herein:

(a) Corporate affiliates. We may share your Personal Data with our corporate affiliates, including our parent company, sister companies and subsidiaries anywhere in the world;

(b) Service Providers. We may share your Personal Data with third parties that perform services to support our core business functions and internal operations, including fulfilling orders, delivering packages, complying with your request for the shipment of products or the provision of services by a third party, sending postal mail and e-mails, analysing customer data, providing marketing assistance or carrying out marketing activities, administering our Ratings & Reviews, supporting beacons, processing credit card and debit card payments, investigating fraudulent activity, conducting customer surveys and research, providing customer services, information technology service providers and data centre service providers including those who store and process Personal Data in computer databases and servers located anywhere in the world, and with any other third parties to whom disclosure by Modu is for one or more of the Purposes and such third parties would in turn be collecting and processing your Personal Data for one or more of the Purposes.

(c) Third Party Partners. We may share your Personal Data with third parties that we have partnered with to jointly create and offer a product, service or joint promotion. Such sharing by us will only be carried out if : - the purpose for such sharing falls within one of the Purposes above; - an exception to the requirement of consent under applicable data protection law applies; - such sharing has been notified to you in this Privacy Policy; or - if we have obtained your consent for the same otherwise.

For example, if you decide to obtain a product or service that is offered by these third party partners, the Personal Data you provide will be shared with us and them. The third party partner’s use of your Personal Data is not governed by this Privacy Policy.

(d) Social Media Platform and Networks. Some of our Sites have features such as plugins, widgets, or other tools made available by third parties that may result in information, which may include your Personal Data, being collected and shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook. All use by any such third parties of your Personal Data is not governed by this Privacy Policy.

(e) Legal Process. We may disclose Personal Data as required by any applicable rules, law or regulation, regulatory policies, industry codes of practice or guidelines, judgements, court orders, orders, directions or requests issued by any court, legal or regulatory body in any jurisdiction applicable to us, or our corporate affiliates, including complying with disclosure requirements of any law binding on us or our corporate affiliates, and/or for the purposes of any guidelines issued by regulatory or other authorities (in any Country/Region), with which we or our corporate affiliates are expected to comply, government inquiries or investigations. We may also disclose Personal Data to establish, exercise, or protect the rights of our company, employees, agents, and affiliates; to defend against a legal claim; to protect the safety and security of our visitors; to detect, prevent and protect against fraud; and to take action regarding possible illegal activities or violations of our policies.

(f) Business Transfers. We may share Personal Data with another company that buys some, or all, of the assets or stock of Modu, and that company may use and disclose Personal Data for purposes similar to what is described in this Privacy Policy. Modu may also share Personal Data with prospective purchasers to evaluate the proposed transaction. You consent to the foregoing.

For the avoidance of doubt, you acknowledge and consent to Modu sharing anonymised information such as but not limited to in the following circumstances: • Aggregate information. We may share anonymised aggregate information about our customers with advertisers and marketing partners; and • Behavioural-based advertising. A third party may use technology to collect anonymised information about your use of the Site so that they can provide advertising about products and services tailored to your interest. That advertising may appear either when you are using the Sites or using the Internet or your mobile device to visit other websites.

(5) Mobile Technology In addition to the above, we may use the following technologies to automatically collect information about your activities on the Sites, as the case may be (each a “Mobile Technology”). Not all Mobile Technologies described below will collect Personal Data, however to the extent that any such Personal Data is collected, such Personal Data will be collected, used or disclosed for the purposes described below, or for one or more of the purposes described in this Privacy Policy.

How They Operate

Cookies For users of the Site, please note that Modu may deposit “cookies” in your computer or your mobile device in order to identify you. Cookies are small data text files that are sent from a server computer during a browsing session. Cookies are typically stored on the computer’s hard drive and are used by web-sites to simulate a continuous connection to the site. By continuing to use the Site, you are agreeing to the use of cookies deposited by Modu in your computer or your mobile device. However, please note that we have no control over the cookies used by third parties. Security measures have been employed to prevent unauthorized access to visitor data. However, visitors acknowledge that Modu does not control the transmission of data over telecommunication facilities including the Internet. Therefore, to the extent permitted by applicable law, Modu will not be responsible for any breach of security or the unauthorized disclosure or use of any such data on the Internet, through no fault of Modu. Not all cookies collect Personal Data and you may configure your browser to reject cookies. However, this may mean you may not be able to take full advantage of the services or features on the Site.

Flash Cookies

"Flash Cookies" (also called Local Shared Objects or "LSOs") are data files similar to cookies, except that they can store more complex data. Flash Cookies are used to remember settings, preferences, and usage, particularly for video, interactive gaming, and other similar services.

Web Beacons

Web beacons are small graphic images on a web page or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns.

Web Server Logs

Web server logs are records of activity created by the mobile device or computer that delivers the webpages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you the webpage. The Web server log also may record information about your browser, such as your IP address and the cookies set on your browser by the server.

Geo-Location Technologies

Geo-location technology refers to technologies that permit us to determine your Country/Region. We may ask you to manually provide Country/Region information (like your postal code), or to enable your mobile device to send us precise Country/Region information. For example, the first time you download and access the App you will/may be asked to choose between allowing or not allowing the App to access your Country/Region and/or to send you mobile notifications. If you choose “Do Not Allow,” you will have opted-out of having the App accessing your Country/Region to send you Country/Region-specific offer notifications. If you choose “OK” the App will communicate with your mobile device and collect certain data as provided in this Privacy Policy in order to send you targeted offers based on your Country/Region. You can always opt-out of sharing Country/Region data with the App by changing your device settings.

(6) How We Protect Your Personal Data We realise that you trust us to protect your Personal Data. We take all reasonable steps to ensure your Personal Data is kept confidential and secure, and to take appropriate technical and organizational measures to prevent unlawful or accidental destruction, accidental loss, unauthorized collection, disclosure, use, copying, modification, leakage, loss, damage, alteration or access or other unlawful forms of processing. While we take all reasonable steps to keep your Personal Data in our possession confidential and secure, no method of transmission over the internet or security system is perfect, and we cannot promise that Personal Data about you will remain secure in all circumstances. We will take reasonable efforts to ensure that your Personal Data is accurate and complete, if your Personal Data is likely to be used by us to make a decision that affects you, or disclosed to another organisation. However, this means that you must also update us of any changes in your Personal Data that you had initially provided us with. We will also put in place measures such that your Personal Data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that Personal Data was collected is no longer being served by the retention of such Personal Data; and (ii) retention is no longer necessary for any other legal or business purposes. For your convenience, the Sites include functionality that allows you to remain logged in so that you do not have to re-enter your password each time you want to access your account. If you choose to remain logged in, you should be aware that anyone with access to your device may be able to access and make unauthorised changes to your account or place unauthorised orders through your account. For that reason, if you choose to remain logged in, we strongly recommend that you take appropriate steps (such as enabling the “Passcode Lock” security feature on your mobile device) to protect against unauthorized access to and use of your account. Please also notify us as soon as possible if you suspect any unauthorized use of your account or password.

(7) Your Rights

In addition to any rights you may have under applicable laws, you have the following rights regarding your Personal Data:

Accessing Your Personal Data You may request to access your Personal Data currently in our possession or control by submitting a written request to us. Please note that we may request for further information from you in order to ascertain your identity and the nature of your request, as well as to process, fulfil or otherwise deal with your request. In order to exercise your right to access your Personal Data, please submit your written request to: modubeauty@gmail.com Unless otherwise required or permitted by law, we will provide you with the relevant Personal Data within the timeline specified by applicable law. Where permitted by applicable law and where we are unable to respond to you within the said timeline, we will notify you of the soonest possible time within which we can provide you with the information requested. To the extent permitted by applicable law, we may also charge you a reasonable fee for the handling and processing of your requests to access your Personal Data. If so, we will provide you with a written estimate of the fee. To the extent permitted by applicable law, please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee. Correcting Your Personal Data You may request to correct your Personal Data currently in our possession or control by submitting a written request to us. Please note that we may request for further information from you in order to ascertain your identity and the nature of your request, as well as to process, fulfil or otherwise deal with your request. In order to exercise your right to correct your Personal Data, please submit your written request to: modubeauty@gmail.com Unless otherwise required or permitted by law, we will deal with your request, including correct your Personal Data within the timeline specified by applicable law. Where permitted by applicable law and where we are unable to do so within the said timeline, we will notify you of the soonest practicable time within which we can make the correction. If we do not agree with the correction sought, and you have provided to us a statement of the correction sought, you may request that we attach that statement of correction to the relevant Personal Data. Withdrawing Consent You may withdraw your consent for the collection, use and/or disclosure of your Personal Data in our possession or under our control by submitting your written request to: modubeauty@gmail.com. Please note that we may request for further information from you in order to ascertain your identity and the nature of your request, as well as to process, fulfil or otherwise deal with your request. We will process your request within a reasonable time from such a request for withdrawal of consent being made, and will subsequently not collect, use and/or disclose your Personal Data in the manner stated in your request, unless otherwise required and/or permitted by law. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your Personal Data, it may mean, without limitation, that we may not be able to fulfil the transaction you have entered into with us or continue with your relationship with us, or send you information that you have requested. Please note that we may request for further information from you in order to ascertain your identity and the nature of your request, as well as to process, fulfil or otherwise deal with your request. Please note that while we will endeavour to honour your request, our removal of your content or information does not ensure complete or comprehensive removal of that information from our Sites. For example, historical copies, or “caches” may remain.

(8) Provision of Third Party Personal Data By You

Should you provide Modu with Personal Data of individual(s) other than yourself, you represent and warrant to Modu and you hereby confirm that:

prior to disclosing such Personal Data to us, you would have and had obtained consent from the individuals whose Personal Data are being disclosed to us, to:

o permit you to disclose the individuals’ Personal Data to Modu for the Purposes described in this Privacy Policy; and

o permit Modu to collect, use, disclose and/or process the individuals’ Personal Data for the Purposes and in the manner described in this Privacy Policy;

any Personal Data of individuals that you disclose to us is accurate; and
you are validly acting on behalf of such individuals and that you have the authority of such individuals to provide their Personal Data to Modu and for Modu to collect, use, disclose and process such Personal Data for the Purposes.

(9) Children’s Privacy We do not, and do not intend to, transact directly with anyone we know to be under the age of 18. By providing any Personal Data to us, you declare that you are over the age of 18. If you are under the age of 18, you should use the Site or otherwise transact with us only with the consent of a parent or guardian and should not submit any Personal Data to us.

(10) Communicating With Us If you have any queries relating to our Privacy Policy, or if you wish to request access to, or correction of, your Personal Data, or to withdraw your consent, or submit a complaint about how we have handled your Personal Data, please contact or send your request to our Data Protection Officer by email to modubeauty@gmail.com.

(11) Changes To This Policy We may revise this Privacy Policy from time to time. We will notify you by posting an updated version of the Privacy Policy on the Site. We encourage you to check the Site and review this Privacy Policy regularly to stay informed of our personal data protection policies, and to stay informed of the methods you can use to control the use of your Personal Data and protect your privacy.

(12) General Your consent that is given pursuant to this Privacy Policy is additional to and does not supersede any other consents that you had provided to Modu or any Modu Group Companies with regard to processing of your Personal Data. For the avoidance of doubt, in the event that applicable law permits an organisation such as us to collect, use, disclose or process your Personal Data without your consent, such permission granted by the law shall continue to apply. Further, where applicable law provides us with rights in processing or handling your Personal Data, such rights shall prevail notwithstanding anything stated in this Privacy Policy.