Moochies Privacy Policy

1. Background

Thanks for visiting our Privacy Policy ("Policy")!

We here at Moochies are committed to protecting your privacy and this Policy outlines how we manage your Personal Information.

This Policy applies to your use of www.moochies.com (Website), our phone watches designed for children (Moochies Watch) and our mobile application (MyMoochies), as well as relating to any other agreements we may form with you.

As we’re a global company when we refer to “Moochies, we, our, us” and other similar terms, we’re referring to the entire Moochies group of companies which are made up of the following entities:

(a) Moochies Holdings Pty Ltd ACN 123 219 081 of PO Box 248, West Burleigh QLD 4219 AUSTRALIA;

(b) Moochies Technologies Ltd CN 10 513 130 of 159 Wardour Street, London W1F 8WH ENGLAND; and

(c) Moochies Trading Ltd CN 12 253 980 of 159 Wardour Street, London W1F 8WH ENGLAND.

Also, when we talk about “Personal Information”, we mean information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.

The majority of this Policy relates to how we handle the Personal Information of a broad range of individuals who interact with us. For our specific policies relating to data collected by the Moochies Watch, please refer to clause 3 (Policy on Personal Information of Moochies Watch wearers).

2. Disclaimer

Please note, while your privacy is very important to us, nothing in this Policy constitutes a voluntary opt-in to any privacy laws, anywhere in the world, which we are not statutorily bound to comply with.

3. Policy on Personal Information of Moochies Watch wearers

This clause 3 specifically outlines what Personal Information is collected relating to the wearers of the Moochies Watch and how we use and store it.

3.1 What Personal Information is collected

The following types of Personal Information are collected from the wearers of the Moochies Watch (Wearer Personal Information):

(a) Their name;

(b) Their GPS location;

(c) Any photos they take using the Moochies Watch;

(d) The phone number associated with their Moochies Watch;

(e) Phone numbers authorised to contact their Moochies Watch;

(f) Their daily step count;

(g) The call, text message and data logs of the Moochies watch; and

(h) If the model of the watch enables it, the wearers heart rate and body temperature.

3.2 How the Personal Information is collected

Just like you’d want it to, the Wearer Personal Information starts being collected automatically once you set it up! Some of this information is also collected while using your MyMoochies account.

3.3 How we use the Personal Information

We use the Wearer Personal Information for the primary purpose of providing our services to you. This includes:

(a) providing live GPS tracking of the Moochies Watch wearer to the connected MyMoochies account;

(b) providing usage information of the Moochies Watch to the connected MyMoochies account;

(c) only allowing authorised numbers to call the Moochies Watch; and

(d) sharing photos between the Moochies Watch and the connected MyMoochies account.

We want you to know that we do not use any Wearer Personal Information for marketing or sales purposes, nor will we use Moochies Watches or MyMoochies to push marketing information to you.

3.4 Security and disclosures

We take care to only rely on reputable providers of data storage who maintain an acceptable standard of data security compliance. To top it off, all Wearer Personal Information are stored on secure servers located in Australia and are protected from unauthorised access, modification and disclosure. The Wearer Personal Information can only be accessed by our employees and our data storage provider.

3.5 Off-shore transfers

Moochies is a global business and our employees are located in some pretty cool places around the world! This means that the Wearer Personal Information may be accessed by our employees who operate in Australia, United Kingdom, United States, China and Brazil.

While we do not actively disclose Wearer Personal Information to overseas entities, our use of cloud services means that although the main servers are located in Australia, our providers may have international disaster recovery sites. This means that these providers may have access to Wearer Personal Information offshore. We rely solely on reputable organisations for such cloud services.

3.6 Erasing Wearer Personal Information

At Moochies we know how much control over Personal Information is important to our customers so we’ve set up a system whereby you can automatically have all Wearer Personal Information erased. Simply unlink the Moochies Watch from the MyMoochies account connected to it through MyMoochies and this will initiate a complete erasure of all Wearer Personal Information!

4. Collection of Personal Information

4.1 What Personal Information is collected?

Outside of the Wearer Personal Information, the other types of Personal Information we collect from individuals who interact with us include:

(a) your personal details such as your name, email address, address and telephone number;

(b) your digital details such as your IP address, device identification and social media details; and

(c) details relating to your Moochies products such as payment details, your username and password, photos uploaded via MyMoochies and other details required for compliance with telecommunication laws.

Also, where you contact us on behalf of your employer, the information you provide often contains information about your employment, position and employers contact details. Therefore, in such circumstances certain employment information is collected.

4.2 How we collect Personal Information

We collect Personal Information in the course of sharing all things Moochies with the world and providing our watches and app to our customers. Personal Information is collected when you:

(a) contact or correspond with us via email, telephone or via our website;

(b) place an order on our website for a Moochies Watch or SIM plan;

(c) engage with us via our social media channels;

(d) download or use MyMoochies;

(e) subscribe to our newsletters or complete surveys and online forms; or

(f) seek support in relation to a Moochies Watch, MyMoochies or SIM plan.

We generally collect Personal Information directly from the individual it relates to, however, sometimes Personal Information may also have been provided to us by a third party. For example, your name and phone number may have been uploaded to the MyMoochies app by one of our customers as an authorised contact for a Moochies Watch.

5. How we use Personal Information

5.1 Why we collect Personal Information

Our primary purpose for collecting Personal Information is to provide our customers with their beloved Moochies Watch, MyMoochies app and SIM plans! In some circumstances, we may also use your Personal Information for secondary purposes that are closely related to this primary purpose but only for circumstances that you could reasonably expect us to.

Some examples of when we may use your Personal Information include:

(a) arranging for the delivery of Moochies Watches you purchase;

(b) registering SIM plans which you have purchased;

(c) dealing with any requests, enquiries, complaints or other customer care related activities;

(d) administration needs relating to your Moochies Watch and MyMoochies, such as administering your account;

(e) carrying out any activity in connection with a legal, governmental or regulatory requirement imposed on Moochies (such as taxation laws) or in connection with legal proceedings, crime or fraud prevention, detection or prosecution; and

(f) to be able to provide information relating to future offers or features of the watch and app.

5.2 Direct marketing

Where you provide us with consent to do so (e.g. if you have subscribed to our email lists or have indicated that you are interested in receiving offers or information from us), we may send you marketing communications by email about our products and services that we think you might be interested in.

We’re constantly looking to improve our products and services so sometimes we (or an appointed third party) conduct surveys or market research. To do this we may contact you to seek such feedback from you from time to time.

Don’t worry though, if you don’t want to receive any of the above, you can easily opt-out of these communications by simply using the “unsubscribe” facility which will be included in the communication we send you.

5.3 Use of de-identified data

Some of the data we collect may have analytical value to us, such as in helping us improve the quality of the Moochies Watch. We may in some circumstances process or distribute such data. But never fear, we will only do this where the data has been anonymised and deidentified!

6. Cookies

For details on how we use cookies, please refer to our Cookies Policy which you can find at moochies.com/cookies.

7. Data retention and security

7.1 Security mechanisms we employ

Alongside our Wearer Personal Information, all Personal Information which are collected via MyMoochies are also stored on secure servers in Australia and are protected from unauthorised access, modification and disclosure.

Other Personal Information we may collect from you are stored on secure servers located in the United States. However, like most businesses, we hold some of this Personal Information on our staff’s computers (such as emails from you) and where necessary as hard copy files (such as printed invoices).

We are constantly updating and improving our security practices to protect your Personal Information. Some of the practices we implement include regular penetration testing of our systems, in-transit data encryption using HTTPS and username, password and multi-factor authentication of all our major systems.

Where we engage with third party service providers, we take care to work with such service providers who we believe maintain an acceptable standard of data security compliance.

7.2 How long we keep your Personal Information

We aim to only retain your Personal Information for as long as is needed to provide our Moochies Watches, MyMoochies and SIM plans to you, to make sure Moochies operates effectively and also to comply with our legal obligations.

Where we hold Personal Information about you and we find that we no longer need to store it, we will take steps to ensure it is properly erased or de-identified in accordance with the Australian Privacy Principles (APP) and the European Union General Data Protection Regulation (GDPR), unless of course we are prevented from doing so by law.

For example, under Australian law, we are obligated to retain all financial records (such as purchases of our watches) for at least 7 years after the transaction associated with that record was completed.

If you no longer want us to store or use your Personal Information, you can request that we erase it and, where you have an account with us, close your account in accordance with our Terms and Conditions. Where possible we will do this in accordance with the APPs and GDPR, however, there are some circumstances where we will still need to store some Personal Information. This includes Personal Information needed for our legitimate business interests, to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations or requests by government, a court of law, or law enforcement authorities, enforce the terms of service and take other actions permitted by law. Any information we retain will be handled in accordance with this Policy.

7.3 Payment details

We do not store your credit or debit card details you provide to us. The payment details you provide to us are securely stored and processed by our payment gateway service provider, Stripe Inc., who provide us a token to process any ongoing payment arrangements you enter into with us. For further details on how Stripe Inc. handles personal information you can visit www.stripe.com/au/privacy.

8. Disclosure of your Personal Information

8.1 Who we share your Personal Information with?

There are some circumstances where it may be necessary to disclose your Personal Information to third parties. You can be certain though that unless we have your consent, we won’t disclose your Personal Information other than in accordance with this Policy.

Your Personal Information may be disclosed to:

(a) our employees, any company in the Moochies group of companies and our professional advisers (lawyers, accountants, financial advisers, etc.);

(b) regulators and government authorities in connection with our compliance procedures and legal obligations, such as law enforcement agencies to assist in the investigation and prevention of criminal activities;

(c) delivery and transportation providers so we can get your Moochies Watch to you;

(d) payment gateway providers, such as PayPal, Stripe, Afterpay and Klarna;

(e) telecommunications providers who provide the SIM plans for our Moochies Watches and as required by relevant telecommunications regulations;

(f) customer support providers;

(g) administration service providers;

(h) marketing service providers; and

(i) information technology service providers, such as Amazon Web Services and GoDaddy.

8.2 Offshore transfers

As we set out above, Moochies is a global business which means our employees are located in some pretty cool places around the world! This means that Personal Information may be accessed by our employees and third party service providers and suppliers who operate in Australia, United Kingdom, United States, China and Brazil.

Also, our servers for all Personal Information (excluding Wearer Personal Information) are located in the United States.

9. Anonymity and use of pseudonyms

If you contact us with a general enquiry you do have the option to interact with us anonymously (so we can’t identify you) or through the use of pseudonyms (a name which is different to your own). However, if you are requesting specific information such as about a purchase or potential purchase of our products and services, we do require you to provide us true and accurate details so that we are able to properly fulfil your request!

10. Access to Personal Information and corrections

We work hard to make sure we only hold Personal Information that is accurate, complete and up-to-date. You have the right to make a request to access Personal Information which we hold about you and to request corrections of any errors in that data. To make an access or correction request, contact us using the contact details provided at the end of this Policy.

Even better, if you have a MyMoochies account, you can access some of the Personal Information that we collect about you through the app and either update or erase it.

In order to protect your Personal Information, when you contact us, we may require identification from you before releasing the requested information or making the correction.

11. Additional rights for EU residents and citizens

For the purposes of the GDPR, we are a ‘data controller’ of Personal Information. If you’re a citizen or resident of the European Economic Area, the following rights apply to you.

You are entitled to ask us to port your Personal Information (i.e. to transfer in a structured, commonly used and machine-readable format, to you), to erase it, or restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling that we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent.

These rights are limited in some situations – for example, where we can demonstrate that we have a legal requirement to process your Personal Information. In some instances, this means that we may retain some data even if you withdraw your consent.

Where we require your Personal Information to comply with legal or contractual obligations, then provision of such data is mandatory and if you do not provide it then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In those cases, you must provide us with your Personal Information, otherwise the provision of requested Personal Information is optional.

If you have unresolved concerns, you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority in the country:

(a) of your habitual residence;

(b) of your place of work; or

(c) in which you consider the alleged infringement has occurred.

12. Communications and privacy concerns

Your privacy is important to us. If you have any complaints, concerns or questions about our handling of your Personal Information, we ask that you first contact our privacy officer whose contact details are listed below. We will investigate your complaint and reply to you in writing if you provide us with contact details and request us to do so.

Email: australia@moochies.com

Post: PO Box 248, West Burleigh QLD 4219

If, after we have conducted our investigations you are still not satisfied, then we ask you to consult with the Office of the Australian Information Commissioner:

Email: enquiries@oaic.gov.au

Telephone: 1300 363 992 (from overseas +61 2 9284 9749)

Post: GPO Box 5218

Sydney NSW 2001

13. Variations to this Policy

We will need to change this Policy from time to time in order to make sure it stays up to date with the latest legal requirements and any changes to our privacy practices.

When we do change the Policy, we’ll make sure to notify you about such changes, where required. A copy of the latest version of this Policy will always be available on our Website.

This Policy was last updated on 4 March 2021.