1. About This Policy
Miscellanea Studio Pty Ltd ("we", "us", "our") operates Modus, a market intelligence platform for the fashion industry. This Privacy Policy explains how we collect, use, store, disclose, and protect your personal information when you use Modus.
We are committed to protecting your privacy in accordance with:
- The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs);
- The General Data Protection Regulation (EU) 2016/679 (GDPR), where applicable;
- The California Consumer Privacy Act (CCPA), where applicable.
By using Modus, you consent to the practices described in this Policy.
2. Information We Collect
2.1 Information You Provide Directly
- Account information: name, email address, job title, organisation name, and password when you register;
- Payment information: billing address and payment card details, processed directly by Stripe (we do not store full card numbers);
- Communications: any messages you send us via email or in-product support channels.
2.2 Information We Collect Automatically
When you use Modus, we automatically collect the following categories of data:
Platform interaction data: We record how you interact with Modus, including the actions you take, the content and features you engage with, the queries you conduct, the data points you access or examine, the comparative and analytical functions you use, and the nature and pattern of your engagement with the platform over time. This includes signals about which areas of the platform and which categories of data attract the most attention and use.
Device and technical data: IP address, browser type and version, operating system, device identifiers, and referring URLs.
Session data: login timestamps, session duration, frequency of access, and authentication events.
We collect this data through first-party server-side logging, cookies, and similar tracking technologies described in Section 6. We do not rely on third-party advertising trackers.
2.3 Information We Do Not Collect
We do not intentionally collect sensitive personal information (as defined under the Privacy Act 1988), including health information, racial or ethnic origin, political opinions, religious beliefs, or biometric data. Please do not submit such information to us.
3. How We Use Your Information
We use your personal information for the following purposes:
Account and service delivery: to create and manage your account, verify your identity, process payments, and deliver the features and content of Modus.
Communications: to send you transaction confirmations, service updates, security alerts, and responses to your enquiries. We will not send you marketing communications without your consent.
Platform improvement and product development: to understand how Modus is used, identify friction points and performance issues, prioritise features, and inform the development of current and future products and services offered by Miscellanea Studio. This includes using platform interaction data to understand engagement patterns across different content types, product areas, and user segments.
Aggregate and derived intelligence: We analyse platform interaction data in aggregate and in de-identified form to develop insights about how practitioners in the fashion industry engage with market data. These insights may inform new products, features, research outputs, or commercial offerings developed by Miscellanea Studio. See Section 3A for further detail on how we handle aggregate and de-identified data.
Legal and compliance: to enforce our Terms of Service, protect our intellectual property, prevent fraud and abuse, respond to legal requests, and comply with applicable law.
Security: to monitor for unauthorised access, scraping, or other prohibited activities described in our Terms of Service.
We will not use your personal information for purposes that are materially incompatible with those listed above without providing you with notice and, where required by law, obtaining your prior consent.
3A. Aggregate and De-identified Data
We may derive, generate, and use aggregate or de-identified data from platform interaction data and other information collected through Modus. This section describes our practices and your rights in relation to such data.
What this means
Aggregate data refers to information combined across multiple users so that no individual user can be identified (for example, "X% of users in a given segment engaged with a particular category of market data"). De-identified data refers to information that has been stripped of all identifiers — including name, email, IP address, and account ID — such that re-identification is not reasonably practicable.
How we use it
Aggregate and de-identified data is not personal information under the Privacy Act 1988 (Cth) or equivalent legislation in other jurisdictions. Once data is genuinely aggregated or de-identified in accordance with applicable standards, it falls outside the scope of personal information obligations and may be used by Miscellanea Studio without restriction, including to:
- develop and improve Modus and other products or services;
- generate market intelligence and insights about how fashion industry data is accessed and used;
- produce research, analysis, or commercial intelligence products that reflect aggregate engagement with brand and market data across the platform's user base;
- inform business decisions, investor materials, or strategic planning.
What we do not do
We do not sell or externally publish data in a form that identifies, or could reasonably be used to identify, any individual user or their organisation. Aggregate or de-identified outputs will not contain information that reveals the specific behaviour of any individual account.
Your interest in this practice
We consider the derivation and use of aggregate intelligence to be a legitimate interest of Miscellanea Studio (under APP 6.2(a) and GDPR Art. 6(1)(f)) that does not override the privacy interests of individual users, given the robust de-identification applied before any such use. Users who wish to object to processing of their data under legitimate interests may contact us at privacy@miscellanea.studio (GDPR users only — see Section 9).
4. Legal Bases for Processing (GDPR)
For users in the European Economic Area (EEA) or United Kingdom, we rely on the following legal bases:
- Contract performance (Art. 6(1)(b)): processing necessary to deliver Modus to you under our Terms of Service;
- Legitimate interests (Art. 6(1)(f)): usage analytics, aggregate intelligence derivation, future product development, security monitoring, fraud prevention, and enforcing our intellectual property rights, where these interests are not overridden by your rights. We have conducted a legitimate interests assessment and consider that individual users would reasonably expect their interaction with a data intelligence platform to contribute to its development;
- Legal obligation (Art. 6(1)(c)): compliance with applicable laws and responding to lawful requests;
- Consent (Art. 6(1)(a)): for optional communications or cookies that are not strictly necessary.
5. Disclosure of Your Information
We do not sell your personal information. We may share your information in the following limited circumstances:
Service providers: We share information with trusted third-party service providers who assist us in operating Modus, including:
| Provider | Purpose | Location |
|---|---|---|
| Stripe | Payment processing | United States |
| Supabase | Database and authentication infrastructure | United States |
| Vercel | Platform hosting and deployment | United States |
These providers are contractually required to process your data only for the purposes we specify and to maintain appropriate security measures.
Legal requirements: We may disclose your information where required by law, court order, or regulatory authority, or where we believe disclosure is necessary to protect our rights, your safety, or the safety of others.
Business transfers: If Miscellanea Studio is acquired, merged, or sells its assets, your information may be transferred to the relevant successor entity. We will notify you via email prior to any such transfer.
Enforcement: We may share information with legal counsel or law enforcement where necessary to enforce our Terms of Service or investigate violations, including suspected scraping or intellectual property infringement.
We will not disclose your personal information to any other third party without your consent.
6. Cookies and Tracking
We use cookies and similar technologies to operate Modus and understand how it is used. The types of cookies we use are:
Strictly necessary: Required for authentication, session management, and core platform functionality. These cannot be disabled.
Analytics: Used to understand feature usage and platform performance. We use anonymised or pseudonymised data for this purpose. You may opt out via your browser settings or by contacting us.
We do not use advertising cookies or sell data to ad networks.
Most browsers allow you to control cookies through their settings. Note that disabling certain cookies may affect the functionality of Modus.
7. Data Retention
We retain your personal information for as long as your account is active or as necessary to provide our services. We also retain data for the period necessary to:
- Comply with our legal obligations;
- Resolve disputes and enforce our agreements;
- Protect our intellectual property rights.
When personal information is no longer required, we delete or de-identify it in accordance with our data management practices.
Aggregate and de-identified data derived from platform interaction data — which is no longer personal information — may be retained indefinitely as it does not carry the same privacy risks and forms part of our operational and commercial intelligence.
You may request deletion of your account and associated personal data at any time (see Section 9). Note that we may retain certain information where required by law or for legitimate business purposes (e.g., records of transactions), and that deletion of your personal data does not require deletion of de-identified or aggregate data in which your information can no longer be distinguished.
8. Data Security
We implement appropriate technical and organisational measures to protect your personal information against unauthorised access, loss, alteration, or disclosure. These measures include:
- Encrypted data transmission (TLS/HTTPS);
- Encrypted data storage at rest;
- Access controls limiting data access to authorised personnel;
- Regular security review of our infrastructure.
No method of transmission or storage is 100% secure. While we take reasonable precautions, we cannot guarantee absolute security. If you become aware of a security issue, please notify us immediately at security@miscellanea.studio.
9. Your Rights
Depending on your location, you may have the following rights regarding your personal information:
Access: request a copy of the personal information we hold about you.
Correction: request that we correct inaccurate or incomplete personal information.
Deletion: request that we delete your personal information, subject to legal and contractual obligations.
Data portability: request that we provide your personal information in a structured, machine-readable format (GDPR users).
Objection: object to processing based on legitimate interests (GDPR users).
Restriction: request that we restrict processing of your personal information in certain circumstances (GDPR users).
Withdraw consent: where processing is based on consent, withdraw it at any time without affecting the lawfulness of prior processing.
California residents (CCPA): you have the right to know what personal information we collect, the right to delete it, and the right to opt out of its sale (we do not sell personal information).
To exercise any of these rights, contact us at privacy@miscellanea.studio. We will respond within 30 days (or within the timeframe required by applicable law). We may need to verify your identity before processing your request.
You also have the right to lodge a complaint with a supervisory authority. In Australia, this is the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.
10. International Data Transfers
Miscellanea Studio is based in Australia. By using Modus, your information may be transferred to and processed in countries outside Australia, including the United States, where our service providers operate.
We take appropriate steps to ensure that such transfers comply with applicable data protection law, including the use of standard contractual clauses or other approved transfer mechanisms where required under the GDPR.
11. Children's Privacy
Modus is not directed to individuals under 18 years of age. We do not knowingly collect personal information from children. If you believe we have inadvertently collected such information, please contact us at privacy@miscellanea.studio and we will delete it promptly.
12. Changes to This Policy
We may update this Privacy Policy from time to time. We will notify you of material changes via email or in-product notice prior to the change taking effect. The updated Policy will be effective from the date indicated at the top of this document.
13. Contact Us
For privacy enquiries, data access requests, or to report a concern:
Miscellanea Studio
Email: privacy@miscellanea.studio
Miscellanea Studio Website: https://miscellanea.studio
Modus Website: https://modus.fashion
For DMCA or intellectual property matters: legal@miscellanea.studio
For security incidents: security@miscellanea.studio