Tresfields Ltd. RC1664760 (“Company”) and its related bodies corporate and other related entities, and any other person or entity authorised by the Company to trade and operate an ecommerce site as “Modibodi West Africa” from time to time (“Modibodi West Africa”, “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 Nigeria of the ECOWAS Region including Cameron, We are the controller for the purposes of the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) and the Nigeria Data Protection Regulation (‘NDPR’) 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 West Africa have in relation to your Personal Information. By accessing www.modibodi-wa.com, 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 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.
- 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 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 our Payment Platform providers. We do not store the credit card details for any customer in our own infrastructure.
If you fail to provide 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
- you may not be able to operate as an influencer for our products and/or services.
- 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.
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 West Africa account;
- to protect Modibodi West Africa 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 West Africa. 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;
- provision of administrative and IT services, network security, to prevent fraud and in the context of a business reorganization or ground restructuring exercise 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
1. Terms:
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are will be unable to use or access this website. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Modibodi West Africa’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Modibodi West Africa’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Modibodi West Africa at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on Modibodi West Africa’s website are provided “as is”. Modibodi West Africa makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Modibodi West Africa does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this website.
4. Limitations
In no event shall Modibodi, Modibodi West Africa or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Modibodi West Africa’s website, even if Modibodi, Modibodi West Africa or a Modibodi authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Modibodi West Africa’s website could include technical, typographical, or photographic errors. Modibodi West Africa does not warrant that any of the materials on its website are accurate, complete, or current. Modibodi West Africa may make changes to the materials contained on its website at any time without notice. Modibodi West Africa does not, however, make any commitment to update the materials. On rare occasions, there may be pricing discrepancies caused by technical issues outside our control.
6. Links
Modibodi West Africa has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Modibodi West Africa of the site. Use of any such linked website is at the user’s own risk.
7. Site Terms of Use Modifications
Modibodi West Africa may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to Modibodi West Africa’s website shall be governed by the laws of the Federal Republic of Nigeria without regard to its conflict of law provisions. Should an error in product pricing occur, the product will be withdrawn from sale and correct pricing offered in accordance with Nigerian Consumer Law. If a credit is given to the customer that is linked to the customer account, this transaction is final. The customer may not, under any circumstances change the payment of credit to a refund.
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 West Africa’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 West Africa’s products and services), or to indicate when a cookie is being set by Modibodi West Africa, 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;
- 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.
Your Personal Information will not be disclosed other than as described in this Privacy Policy.
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 other countries 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 for such use (or for any breach).
If you are resident in West Africa including Cameron, 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 General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) and the Nigeria Data Protection Regulation (‘NDPR’) to protect your Personal Information
Your legal rights
it is crucial that the personal data we hold about you is correct and current. Please inform us immediately, if your personal data changes at any time during your liaison with us. Under some circumstances, you have rights under data protection laws in relation to your personal data, including;
- Your right to access 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.
- 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 or 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 West Africa 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 West Africa referral system by emailing Modibodi West Africa using the contact information provided on the Site.
Administrative Communications
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 West Africa referral system by emailing Modibodi West Africa using the contact information provided on the Site.
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 West Africa 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 West Africa 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.
You have the right to make a complaint at any time to your 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 West Africa in any of the following ways:
- Email address: info@modibodi-wa.com
- Social media direct message
- Contact Form