Privacy Policy

Halth Pty Ltd (ABN 80 636 219 997) (we, us or our) provides nutritional and supplement guidance and resources through our website and mobile application (the Platform). We understand that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing nutritional and supplement guidance and resources through the Platform (Services) or when otherwise interacting with you.

What personal information do we collect?

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

Sensitive information: is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

Health information: is a type of sensitive information and includes any personal information that is collected while providing you a health service. For example, any details you share with us on our website or mobile application about your medical history or mental health will be health information.

The types of personal information we may collect about you (or your family members where you provide to us) include:

your contact details, including email address, mailing address, street address and/or telephone number;
your username and password;
your date of birth;
survey data populated by you;
details of products and services we have provided to you and/or that you have enquired about, and our response to you;
support requests submitted to us and our response to you;
your credit card or other payment details;
your preferences and/or opinions;
information you provide to us, including through feedback, customer surveys or otherwise;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisitions sources, search queries and/or browsing behaviour;
information about your access and use of our Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information;
any other required personal information requested by us and/or provided by you or a third party;
your computer, tablet and/or mobile phone device-specific information (such as your hardware model, operating system version, unique device identifiers, device sensors and mobile network information) which may then be associated with your account;
complaint details;
sensitive information (including health information) which is necessary and relevant to use the Platform and which you choose to share with us. The types of sensitive information you choose to share with us may include:

detailed information about your current medications, physical health and detailed information about your health conditions;
your height and weight;
your food sensitivities;
your health goals;
your PHI health data;
your medical history (including your history of any chronic diseases, disabilities, mental health, visits to your health service provider and/or any hospitalisations);
social and lifestyle information related to your health and wellbeing;
diagnostic survey data populated by you;
when you connect your wearable fitness tracker heart rate monitor, pedometer or other wearable technology with the Platform, information about your steps, fitness activities, exercise frequency, sleep, information about nutrition such as calorie intake and nutritional statistics, blood pressure, and other biometric data;
your racial or ethnic origin;
any other sensitive details you choose to share with us; and

any other required personal information requested by us and/or provided by you or a third party (including for example personal information from the results of third party diagnostic tests that we provide to you).

Where you have provided personal information to us about another person (for example a family member) you confirm to us that you have the right and have sought any relevant consents to provide the information to us in the way set out in this Privacy Policy.

Why do we collect and use your personal information?

We may collect, hold, use and disclose personal information for the following purposes:

to enable you to access and use the Platform, including to provide you with a login;
to provide tailored content to you while you are using the Platform;
to help our artificial intelligence to create food recommendations for you;
to manage our relationship with you;
to provide, maintain, protect, develop and continue to improve, the Platform, products and services, including to provide you with health and wellbeing assessments, health and wellbeing tips/recommendations, activity tracking and other health and wellbeing tools;
to verify and update personal information held by us;
to review, develop and improve our products and services, as well as our business, operational and IT processes and systems;
to resolve any complaints or issues;
to invoice third-parties in relation to the provision of the Services on the Platform;
to provide our Services to you, including to dispatch and deliver products to you;
to contact and communicate with you about our Services, including in response to any support requests you lodge with us or other enquiries you make with us;
for internal record keeping, administrative, invoicing and billing purposes;
for analytics, market research and business development, including to operate and improve our Services and associated applications;
to run promotions, competitions and/or offer additional benefits to you;
if you have applied for employment with us; to consider your employment application;
to comply with our legal obligations and resolve any disputes that we may have;
for advertising and marketing, including to send you promotional information about our products and services and other information that we consider may be of interest to you; and/or
if otherwise required or authorised by law.

Sensitive information (including health information): We only collect, hold, use and disclose sensitive information for the following purposes:

any purposes you consent to;
the primary purpose of improving your wellbeing through nutrition by:

allowing our artificial intelligence to create nutritional recommendations for you;
provide tailored nutritional content to you;
provide you with health and wellbeing assessments, health and wellbeing tips/recommendations, activity tracking and other health and wellbeing tools; and
any other ways set out in our mobile application or through the provision of our services;

secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the below listed third parties as reasonably necessary to provide our Services to you;
to contact emergency services, or to speak with your family, partner or support person where we reasonably believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain your consent; and
if otherwise required or authorised by law.

^{Personal information from social network accounts}

If you connect your account with us to a social network account, such as Facebook or Google, we will collect your personal information from the social network. We will do this in accordance with the privacy settings you have chosen on that social network.

The personal information that we may receive includes your name, ID, user name, handle, profile picture, gender, age, language, list of friends or followers and any other personal information you choose to share.

We use the personal information we receive from the social network to create a profile for you on our platform.

If you agree, we may also use your personal information to give you updates on the social network which might interest you. We will not post to your social network without your permission.

Where we have accessed your personal information through your Facebook account, you have the right to request the deletion of personal information that we have been provided by Facebook. To submit a request for the deletion of personal information we acquired from Facebook, please send us an email at the address at the end of this Privacy Policy and specify in your request which personal information you would like deleted. If we deny your request for the deletion of personal information, we will explain why.

Use of geo-localisation data

We collect your precise or approximate location via our mobile application for the following purposes:

to generate exercise routes and improve routes via the data collected;
to generate information about your fitness activities and where you exercise; and
as permitted by law.

We collect this information when our mobile application is open (whether on-screen or not). If you do not want us to use your location for the purposes above, you should turn off the location services in your account settings in the mobile application or in your mobile phone settings. If you do not provide location information to us, we may not be able to provide our Services to you.

How do we disclose your personal information?

We may disclose personal information to:

third party service providers (whose services may be provided as software as a service) as required for the purpose of enabling them to assist us in providing Services to you, including (without limitation):

IT services for support, advice and management;
payment service providers; telecommunication service providers;
web-hosting and server providers; and
marketing or advertising providers;

our employees, contractors and/or related entities;
professional advisors (such as our accountant or lawyers);
sponsors or promoters of any promotions or competition we run;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
any other relevant third parties, where we make a decision that we must disclose your personal information, based on an assessment of your best interests or as permitted by law.

Overseas disclosure: where we disclose your personal information to the third parties listed above, these third parties may store, transfer or access personal information outside of Australia including in the United States.

We will only disclose your personal information to countries with laws which protect your personal information in a way which is substantially similar to the Australian Privacy Principles and/or we will take such steps as are reasonable in the circumstances to require that overseas recipients protect your personal information in accordance with the Australian Privacy Principles.

How do we disclose your sensitive information (including health information)?

Your sensitive information (including health information) may only be used and disclosed for:

purposes for which you may consent, such as:

to provide you with health and wellbeing assessments (such as diagnostic testing and diagnostic surveys);
to enable you to access and use the Platform;
to disclose the information in another way;

secondary purposes directly related to the primary purpose for which your sensitive information was collected, including disclosure to the above listed third party services providers as reasonably necessary to provide our Services to you; and
if otherwise required or authorised by law, such as where the information is subpoenaed.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you also have the right to contact the relevant privacy authority.

Storage and security

We are committed to ensuring that the personal information we collect 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 personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do when you return to our online website and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Personal information retention

Your personal information is only kept while it is required for the purpose for which it was collected or as required by law. It will then be securely destroyed or de-identified.

Health information is kept for a minimum of 7 years from the last time we provided you with a service relating to your health information. If you were a child when we provided you with a service relating to your health information, then we will keep your health information at a minimum until you reach the age of 25. When we destroy your health information, we keep a record of your name, the date we destroyed it and the time period the record covered. This is to comply with the relevant health record and information laws.

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact our Privacy Officer at:

Halth Pty Ltd ABN 80 636 219 997

Email: accounts@halth.com

Last update: 7 December 2021

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