Your Data.
Protected.
We take your privacy seriously. This policy explains what information we collect, how we use it, and the rights you have over your personal data — in line with Australia's Privacy Act 1988.
Your privacy is important to us.
This Privacy Policy is provided by JSQUARED GROUP PTY LTD (ABN 48 665 473 334) — referred to as "we", "us", or "our". It outlines how your information is collected, used, and disclosed when you access or use our Services as defined in our Terms.
This information is collected, used, and disclosed in accordance with the Privacy Act 1988 (Cth).
This Privacy Policy is incorporated by reference into our Terms. Any capitalised terms not defined here are defined in the Terms. You agree to comply with all Terms when accessing or using our Services, including this Privacy Policy.
What Information We Collect
We collect Personal Information, as defined in the Privacy Act (including Sensitive Information as defined in the Privacy Act), when you access or use our Services.
2.1 Information Provided by You
We collect information you provide via our Services and through any other means used to contact us. The kinds of Personal Information we collect include your contact information such as your name, email address, organisation, address, and phone or mobile number.
We reserve the right to maintain, store, and use any information or data where we reasonably believe such action is required to comply with legal or regulatory obligations, prevent criminal or unlawful activity, or where we have a legitimate business reason — including collection of amounts owed, resolving disputes, enforcing our Terms, or for record keeping integrity.
You expressly consent to the use of your Personal Information for the provision of Services in accordance with our Terms.
2.2 Automatically Collected Information
We automatically record information from your device and its software when you access our Services, including:
- IP address, operating system, web browser, and device type
- Internet service provider, mobile phone carrier, and platform type
- The Website from which you came and where you go when leaving our Services
- The pages you visit and features you use
- Date and time stamps and cookies that may uniquely identify your browser or account
- Mobile device identification numbers, carrier, device type, and manufacturer
- If enabled, geographical location data (including GPS)
Please note that some of the information we collect — for example an IP address — can sometimes be used to approximate a device's location.
2.3 Cookies
Our Services may use small pieces of data called cookies to identify users and compile records of engagement with our Services. Cookies do not usually contain information that personally identifies a person, but each time you visit, the browser sends cookie data back to the server to notify the system of your previous activity.
If you wish to disable cookies, you may do so through your browser settings. However, please be aware that some functionality of our Website will not be available to you if you do this.
We sometimes share limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.
2.4 Google Analytics
momentum uses Google Analytics, which allows us to anonymously track the use of our Services by recording the number of users, pages viewed, navigation patterns, systems users have, and the date and time of visits through cookies. This information is collected for statistical purposes only and cannot be used to identify you.
momentum may use a range of services and functions offered by Google Analytics, including but not limited to:
- Google Optimize
- Remarketing
- Google Display Network Impression Reporting
- DoubleClick Campaign Manager Integration
- Google Analytics Demographics and Interest Reporting
momentum also uses Google Analytics to partner with third parties and advertise online. Our third-party partner may use technologies such as cookies and tracking technologies to gather information about your activities on our Website and other sites in order to provide you advertising based on your browsing activities and interests.
Why We Collect Personal Information
We collect your Personal Information for the following purposes:
- 3.1 For the provision of the Services
- 3.2 To register your user account and to verify your identity or age
- 3.3 To facilitate payment and processing via third party gateways and alternative payment methods (such as PayPal)
- 3.4 To communicate with you in association with functions and features of the Services
- 3.5 For communicating any announcements, updates, updated terms, conditions and policies, security alerts, technical notices, support, and administrative messages
- 3.6 For analysis, monitoring, development, and improvement of our Services, including other products or services
- 3.7 For security purposes, including to protect the Services and our property from abuse, fraud, malicious access, or potentially illegal activities, and to protect our rights, safety, and property and that of our other users
- 3.8 For sending marketing communications, including notifying you of promotional or advertising offers, contests and rewards, upcoming events, and other news about products and services
- 3.9 To comply with relevant laws and regulations where applicable
- 3.10 For the performance of other functions described at the time of collection or as consented to in relation to our Services
How We Hold, Use, and Disclose Personal Information
- 4.1 We will not use or disclose personal information for any secondary purpose unless that secondary purpose is related to the primary purpose for which we have collected that information, and you would reasonably expect the disclosure in the circumstances, or unless you consent to that use or disclosure.
4.2 Purposes for which we hold, use, and disclose information:
- Conducting our business
- To fulfil and process orders (including screening orders for any potential risk or fraud for identity verification purposes)
- To communicate with you regarding your orders, as well as about other information about our products and services or third party products or services that may be of interest to you
- For our internal administrative, research, planning, marketing, and product development
- To improve and optimise our website and services
- To provide you with information or advertising relating to our products or services, including targeted advertisements or marketing communications we believe may be of interest to you
- To comply with any legal obligations
- 4.3 We may also disclose personal information to third party technology partners, including but not limited to Shopify, Facebook, Instagram, Google (including Google Analytics), and other marketing service providers.
Access & Correction
- 5.1 We will take reasonable steps to ensure any personal data we collect, use, or disclose is up to date and accurate. If you believe that personal information we hold about you is not up to date or accurate, you may ask us to correct it.
- 5.2 We will process your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet your request, we will let you know why.
- 5.3 If we provide you with copies of the information you have requested, we may charge you a reasonable fee to cover the administrative costs.
- 5.4 Please direct all requests for access and correction to hello@themomentum.com.au.
Account Deletion Request
You can request deletion of your momentum account and the personal data associated with it at any time. To make a request, email us at hello@themomentum.com.au with the subject line "Account Deletion Request", and include the email address associated with your account.
6.1 Data that will be deleted
- Account information (name, email, phone, shipping address)
- Order and purchase history
- Saved preferences and wishlist
6.2 Data we retain
Transaction and tax records may be retained for up to 7 years as required by Australian law, solely for legal and accounting compliance. This data is not used for marketing or any other purpose.
6.3 Processing time
We process deletion requests within 30 days and confirm with you once the deletion is complete.
Email hello@themomentum.com.au with the subject line "Account Deletion Request" and the email address linked to your account. We will confirm once your data has been deleted.
Third Party Websites & Social Media
Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties or use services of third parties, including Google, Facebook, and Emarsys. You acknowledge and agree that momentum has no control over, and shall not be liable for, the privacy practices or content of these third party websites.
You are responsible for checking the Privacy Policy of any such websites and applications so that you can be informed of how they will handle Personal Information.
Social Media Platforms
We run pages on a number of social media platforms, including Facebook, Instagram, Pinterest, and Google Plus (Social Media Platforms). By accessing, interacting with, and using our social media pages, you agree to the terms and Privacy Policy of those platforms.
Social Media Platforms also allow public access to your public social media profile, which may include your username, age range, country/language, list of friends, or other information you make publicly available. You understand that such information may therefore be accessible by us if you interact with our social media pages.
We may from time to time have access to statistics regarding the number of views, navigation patterns, posts that you like, comment on or share, and any user interactions with our social media pages, and may use such information for the purpose of our marketing and promotion strategies.
How to Make a Complaint
All requests for access or corrections to your Personal Information and complaints should be directed to our Data Protection Officer. If submitting a complaint, please provide our Data Protection Officer with full details of your complaint and any supporting documents:
- 8.1 By contact form at www.themomentum.com.au
- 8.2 By email at hello@themomentum.com.au (subject title as "Privacy")
- 8.3 By letter to: Data Protection Officer, 6/12 Stanton Rd, Seven Hills NSW 2147
If you are not satisfied with our handling of your complaint or we have not replied within a reasonable period of time, you are entitled to make a complaint to the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.
Amendments to This Privacy Policy
We reserve the right to amend this Privacy Policy from time to time as we see fit. While we endeavour to notify you as soon as reasonably possible of any changes by email or by a notice on our Services, it is your responsibility to keep up to date with any changes by checking this page prior to using our Services.
This page contains our most accurate and up to date version of our Privacy Policy.
Application of GDPR (EU Residents)
For the purpose of clarity, data processing of individuals in the European Union (EU) is carried on only occasionally, and as such, no EU representative has been designated. However, the General Data Protection Regulation (GDPR) (EU) 2016/679 may apply to you if you are a resident of, reside in, or are located in the EU.
If the GDPR applies, in this Privacy Policy, "Personal Information" shall also include the definition of "Personal Data" under the GDPR, and terms defined in the GDPR shall be defined in this Privacy Policy in accordance with the GDPR. If the GDPR applies, this section applies in addition to the above sections to the extent that we are acting as a "Data Controller" with respect to your Personal Information.
10.1 Consent and Right to Withdraw Consent
By clicking accept to this Privacy Policy or otherwise notifying us of your acceptance, you agree that you are providing express, freely given consent to us processing your Personal Information for the purposes outlined above, and that we may lawfully process your Personal Information on the basis of this consent.
To the extent that our legal basis for processing your Personal Information is consent, you have a right to withdraw consent to the collection of your Personal Information at any time by sending us a written request via the contact details above.
10.2 Legal Basis
Our legal bases for collecting and processing your Personal Information may be:
- 10.2.1 Your express consent
- 10.2.2 For our legitimate interests in providing information about the Services, providing the Services, and improving and developing the Services
- 10.2.3 In order to perform a contract (whether verbal or written) with you in order to provide paid Services to you
10.3 Your Rights Under GDPR
We have summarised your rights under the GDPR below. Please note that not all of the details have been included — please refer to the relevant laws and guidelines for a full explanation.
10.3.3 Right to Erasure — Details
You have the right to obtain the erasure of your Personal Information without undue delay if:
- The Personal Information is no longer necessary in relation to the purposes for which it was collected
- You withdraw consent to consent-based processing
- You object to the processing under certain rules of the GDPR
- The Personal Information has been unlawfully processed
However, there are exclusions to the right to erasure — such as where processing is necessary to exercise the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defence of legal claims.
10.3.4 Right to Restriction — Details
You have the right to restrict the processing of your Personal Information if:
- You contest the accuracy of the Personal Information
- Processing is unlawful but you oppose erasure
- We no longer need the Personal Information, but you require it for the establishment, exercise, or defence of legal claims
- You have objected to processing, pending the verification of that objection
Where processing has been restricted on this basis, we may continue to store your Personal Information; however, we will only process it with your consent, for the establishment, exercise, or defence of legal claims, for the protection of the rights of another person, or for reasons of important public interest.
6/12 Stanton Rd, Seven Hills NSW 2147
This Privacy Policy is governed by the Privacy Act 1988 (Cth).