Privacy policy

1. We respect your privacy

1.1 Moode Pty Ltd (Moode, our, we or us) respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act). This policy sets out how we collect, store, use and disclose your personal information.

1.2 “Personal Information” refers to any information or opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. Collection of Personal Information

1.3 The type of Personal Information that we collect and use depends on the type of dealings that you have with us and includes the following non-exhaustive list:

(a)contact details (for example, full name, address, mobile and telephone numbers and email address);

(b) information relating to your dealings, or enquiries you have made, with us, including information about the products or services you have ordered from us or subscription information (for example username and password);

(c)when you provide feedback us about our website, products or services;

(d)provide information about your personal or business affairs;

(e) payment and billing information;
information regarding your access and use of our website, including location information, your computer’s internet protocol (IP) address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on your website, dates and times of visits to our website and other usage statistics;

(f) information when you respond to surveys, competitions, special events and/or promotions;

(g) communicate with our customer support team; and

(h) other information that you provide to us or that we may collect in the course of our relationship with you.

1.4 We do not collect your Sensitive Information (as defined by the Privacy Act). However, some of our services are automated and we may not recognise that you have accidentally provided us with Sensitive Information. If you have accidentally sent us Sensitive Information, please contact us by email hello@wethemoode.com.

1.5 We may collect information about you which is Sensitive Information (as defined in the Privacy Act), such as health information or opinions about your pregnancy status or whether you are struggling from postnatal depression.

2. How we collect your Personal Information

2.1 Moode collects Personal Information from you in a variety of ways, including:

(a) directly from you when contact and correspond with us (for example, when you participate in a promotion, competition, or survey, or when you complete online forms for our products or services or subscribe to our services, publications, alerts and newsletters, or information you provide to us when you send us an email);

(b) directly from you when use or order our products or services;

(c) when you visit our website (including via cookies), contact us online or via telephone or email with a query or request or make a comment on our social media sites;

(d) when you provide your Personal Information to third parties (including to our related bodies corporate, business partners and service providers, credit reporting bodies, credit providers, government agencies, public registries, search agencies, regulatory and licensing bodies, parties to whom you refer us (for example, previous employers and referees), recruitment agencies and from publicly available sources of information (for example, online databases and social media)); and

(e) when otherwise legally authorised or required to do so.

2.2 When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection.

3. Use and disclosure of your Personal Information

3.1 By providing us with Personal Information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. We use and disclose your Personal Information for the purposes for which the information is collected, including (but not limited to):

(a) providing or delivering our product or services to you;

(b) assisting with, or responding to, your queries;

(c) informing you about our website, products or services, or other matters which we believe are of interest to you (such as recruitment or job opportunities);

(d) share with our Third Party Providers;

(e) administer, improve and manage our products, services and website (including content on our website);

(f) charge and bill you for the use of our products and services;

(g) for direct marketing purposes (see below); and

(h) complying with our legal and regulatory obligations.

3.2 In order to provide or deliver our products or services to you we may disclose your Personal Information to:

(a) our related bodies corporate, business partners, service providers, third party contractors and subcontractors, agents or suppliers, professional advisors and external business advisors, insurers, fulfilment and product delivery providers or other authorised external service providers who perform functions on our behalf (collectively, Third Party Providers); and

(b) law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law.

3.3 We may also use and disclose your Personal Information to protect the copyright, trade marks, legal rights, property or safety of Moode, our website, customers or third parties.

3.4 Prior to the disclosure of Personal Information to Third Party Providers, we will take such steps as reasonable in the circumstances to ensure that the Third Party Providers treat your Personal Information securely and otherwise complies with the relevant Australian Privacy Principles in relation to the Personal Information.

3.5 If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any Personal Information and non-Personal Information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

4. Marketing communications

4.1 We may use and disclose your Personal Information to send you information about the products or services we offer, as well as other information that may be of interest to you. We may send this information in a variety of ways, such as by mail, email, SMS, telephone, social media or by customising online content and displaying advertising on our website. By submitting your details to Moode via Meta advertising you are opting in to receive marketing material from Moode

4.2 If you do not wish to receive any of these marketing communications, you can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us by email at hello@wethemoode.com.

5. Overseas disclosures of Personal Information

5.1 All of our Third Party Providers are located in Australia and we do not disclosure your Personal Information to overseas recipients in the course of providing you with access to our products or services.

5.2 If we subsequently decide to disclose your Personal Information and Sensitive Information to an overseas recipient, we will take such steps as reasonable in the circumstances to ensure that the overseas recipient treats your Personal Information securely and otherwise complies with the relevant Australian Privacy Principles.

6. Security of your Personal Information

6.1 Moode is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

6.2 The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

6.3 In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.

6.4 We will destroy or de-identify Personal Information in circumstances where it is no longer required, unless we are otherwise required or authorised by law to retain the information.

7. Access to your Personal Information

7.1 You may request details of Personal Information that we hold about you in accordance with the provisions of the Privacy Act . A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at hello@wethemoode.com.

7.2 We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

8. Complaints about privacy

If you have any complaints about our privacy practices, please feel free to send in details of your complaints to hello@wethemoode.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

9. Changes to Privacy Policy

Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, at our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

10. Website

When you visit our website (www.wethemoode.com) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our website, such that we can improve our service.

11. Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the website and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

12. Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Moode is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects Personal Information.