This privacy policy (Privacy Policy) sets out how The Healthy Diary Pty Ltd ABN 31 651 339 114 trading as The Healthy Diary and its related entities (we, our, us) collects, stores, uses, protects, shares, and discloses your personal information as defined under the Privacy Act 1998 (“Privacy Act”). It applies to our websites located at thehealthydiary.co and its related services, products, websites (including subdomains), tools and applications (together the Website). By visiting or using the Website you agree to the collection, storage, usage and disclosure of your personal information by us in the manner described in this Privacy Policy. 

Capitalised words in this Privacy Policy have the same meaning as in the Online Service Terms and Conditions available on the Website.

By accepting this Privacy Policy, or by using or accessing the Website, you indicate your assent to be bound by this Privacy Policy. If a person is agreeing to this Privacy Policy on behalf of an entity, the person agreeing on behalf of the entity warrants that it has the irrevocable authority and agreement of the entity to be bound by this Privacy Policy.

1.              Types of Personal Information we collect

As part of delivering our Website we may collect personal information about you. We will only collect personal information where it is reasonably necessary for the performance of our functions or activities. The personal information we collect may include the following:

·       User information: this includes information that you have provided to us when using the Website. The information we collect includes your membership subscription details, your membership inclusions and any other additional information you provide to us directly or indirectly through your use of the Website.

·       Profile information: this includes any information you choose to store on the Website.

·       Financial information: this includes information such as payment card details and bank account details. We use this information to send to our third party payment gateways when you make payment through the Website.

·       Website use information: When you use our Website, for example when you contact us, we collect information that enables the Website to be able to run.

·       Surveys: information in connection with client surveys, questionnaires and promotions;

·       Marketing list data: on the Website you may have the ability to subscribe to various newsletters and email marketing lists. We collect the information when you input your details for subscription purposes which may include your name, email address and email marketing preferences.

·       Other information we collect related to your use of the Website: your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information and any other information provided by you to us via our Website or our online presence, or otherwise required by us or provided by you.

 2.              How we collect Personal Information

We may collect personal information either directly from you, or from third parties, including where:

·       you register or sign up to the Website including when you register to become a Member (or when you login through social media);

·       you provide information directly to us through the Website or on a hardcopy form;

·       you use the Website generally;

·       you subscribe to any of our newsletters;

·       you contact us through our Website, in person, by phone or in writing;

·       you submit any of our online forms;

·       you communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;

·       you interact with our Website, social applications, services, content and advertising; and

·       you invest in our business or enquire as to a potential purchase of our business.

We may also collect your personal information from third parties including our other service providers and publicly available sources. Where we collect your personal information from a third party, we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party. By providing personal information about another person to us, you represent that you are legally permitted to do so, and we will not be responsible for verifying any such authorisation.

Social media and cookies

We may also collect personal information from you when you use or access our Website or our social media pages. This may be done through use of web analytics tools, 'cookies' or other similar tracking technologies that allow us to track and analyse your Website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.

3.              Use of your Personal Information

We collect and use personal information for the following purposes:

·       to operate the Website and provide services or information to you including to:

o   facilitate the interaction between you and us (and the Website) to enable us to provide the Services to you;

o   assist in streaming and personalising information for you;

o   enable us to process your Membership and provide Membership Inclusions to you;

o   enable us to process your personal data;

o   enable us to receive payment;

o   prevent and detect fraud and/or money laundering;

o   enable us to provide your personal data to others whom you consent or where permitted under the Privacy Act (as detailed below);

o   to manage our relationship with you, including information about similar products or terms and conditions or send you an email reminder that a task you have performed on our Website remains uncompleted such an incomplete form;

o   enable you to communicate with us regarding your use of the Website;

o   verify your identity (including via third party service providers);

o   to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing the services to you;

o   communicate with you about your Account, or any transaction;

·       to run marketing campaigns, including with our partners;

·       to contact you for promotional and/or business purposes;

·       to be de-identified for the purposes of generating statistical data and improving the Website;

·       for record keeping and administrative purposes;

·       to improve and optimise our service offering and customer experience;

·       to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;

·       to administer and protect our services;

·       monitoring network use, quality and performance;

·       operating, maintain, developing, testing and upgrading the Website;

·       to enable you to take part in a competition;

·       to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act 2003 (Cth)). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);

·       manage risks, fraud and security (including using your mobile phone number and any other relevant identifier for two-factor authentication purposes);

·       to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and

·       to consider an application of employment from you.

We  will not sell, rent, lease or give away your information to any third party in ways different from what is disclosed in this Privacy Policy.

4.              Disclosure of your Personal Information

We may disclose your personal information to our employees and volunteers, service providers who assist us to provide the Services to you such as those service providers in our business operations, payment processing providers, database maintenance, data storage and hosting, mailing houses, information technology service providers, contractors and other third parties located inside or outside of Australia. Where we are required to use a supplier outside of Australia, we will take reasonable steps in the circumstances to ensure that such overseas recipient does not breach the Australian Privacy Principles (except where such steps are not required under the Privacy Act).

We may also disclose your personal information to third parties to whom you expressly ask us to send the personal information to or to third parties where permitted under the Privacy Act. This also includes:

(a)      your authorised representatives;

(b)      government and regulatory authorities and other similar organisations, as required or authorised by law; and

(c)       such entities that we propose to merge with or be acquired by.

We may also disclose your personal information to third parties who we have partnered with to run marketing campaigns and to our payment service providers (where applicable).

We may also aggregate and/or make anonymous your personal information including sensitive information to make it available for the purposes of generating statistical data for the conducting of research and improving the Website.

Where you leave a testimonial of our services, or if you tag us in any of your own material (including any social media post on your personal account) you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate and create derivative works from, distribute and display such content through the world in any media.

5.              Remarketing

We may use third party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means that where we do so, we will continue to show ads to you across the internet, specifically on the Google network. The third-party vendors, including Google, will place cookies on web browsers in order to serve ads based on past visits to our Website. You can opt out of Google's use of cookies or device identifiers by visiting Google's Ads Settings. Alternatively, you visit the Network Advertising Initiative opt-out page or control the use of device identifiers by using your device’s settings.

6.              Storage & security

We use third-party cloud providers that provide hosting, data storage and other services.

We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measure to protect these systems. However, we cannot guarantee the security of your personal information. While we take measures to protect your personal information, we cannot warrant the security of information transmitted to us online.

We cannot control the actions of other users with whom you share your information. Further, we cannot guarantee that only authorised persons will access your personal information. Please notify us immediately if you believe there has been any unauthorised access to your information.

We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

7.              Links

From time to time we may include embedded content from, and links to, other websites. Those websites are not under our control. The links and embedded content are provided for your convenience only. We do not endorse, and are not responsible for the content, validity, accuracy or your use of, those websites. You should check the terms and conditions of use of those websites before you use them.

You may not create a link to the Website from another website (other than to the home page) without our prior written consent, which may be given or withheld at our sole discretion.

8.              Requesting access or correcting your Personal Information

Subject to the Privacy Act, you have a right to access and correct any personal information about you that we may hold. If you wish to request access to the personal information, we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.

If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.

If we receive a request from you to access or correct personal information we will respond to you within a reasonable time after receiving your request and in the manner requested by you, if it is reasonable and practicable for us to do so. We may charge a reasonable fee for giving access to the information.

9.         Direct Marketing

From time to time, we may use your personal information for direct marketing purposes (for an indefinite period). This includes sending you updates about new opportunities. Where we use or disclose your personal information for the purpose of direct marketing, we will:

(a) allow you to ‘opt out’ or in other words, allow you to request not to receive direct marketing communications; and

(b) comply with a request by you to ‘opt-out’ of receiving further communications within a reasonable time frame.

You may ask to be removed from our marketing lists at any time by directly contacting us. If you don’t wish to receive direct marketing materials, please contact our Privacy Officer using the details set out at the end of this Privacy Policy.

10.              If we can’t collect your Personal Information

If you do not provide us with the personal information described above, some or all of the following may happen:

·       we may not be able to provide the Website or Services to you, either to the same standard or at all;

·       we may not be able to provide you with information about the Website that you may want;

·       we may be unable to tailor the content of our Website to your preferences and your experience of our Services may not be as enjoyable or useful;

·       we may not be able to provide you with information on our Services; or

·       delays in processing your request(s) may occur.

11.           Notifiable data breach

In the event that there is a data breach and we are required to comply with the notification of eligible data breaches provisions in Part IIIC of the Privacy Act or any other subsequent sections or legislation which supersede this Part IIIC, we will follow our relevant notifiable data breach procedures in compliance with the Privacy Act and relevant laws.

12.           Updates

This Privacy Policy is subject to occasional revision and we reserve the right, at our sole discretion, to modify or replace any part of this Privacy Policy. It is your responsibility to check this Privacy Policy periodically for changes. Continued use of our Website shall indicate your acknowledgement of that it is your responsibility to review the Privacy Policy periodically and become aware of any modifications. We may amend this Privacy Policy from time to time. Not all changes to our Privacy Policy will require your consent, for example where office security procedures are changed. We will notify you of any change to our information handling policy that requires your consent before being implemented.

13.           Enquiries, requests & complaints

Enquiries regarding this Privacy Policy or the personal information we may hold on you, should be addressed with the Privacy Officer, whose contact details are below.

If you think your personal information, held by us, may have been compromised in any way or you have any other Privacy related complaints or issues, you should also raise the matter with the Privacy Officer.

We will ensure your claims are investigated and a formal response will be provided to you, within a reasonable time, considering the circumstances of your claims. If any corrective action is determined to be required, as a result of that investigation, we will take all reasonable steps to rectify the situation and advise you of such, again within a reasonable time considering the circumstances.

If we do not resolve your enquiry, concern or complaint to your satisfaction or you require further information in relation to any privacy matters, please contact the Office of the Australian Information Commission, whose contact details are below.

Office of the Australian information Commission

Telephone: 1300 363 992

Email: [email protected]

Office Address: Level 3, 175 Pitt Street, Sydney NSW 2000

Postal Address: GPO Box 5218, Sydney NSW 2001

Website: www.oaic.gov.au

Contacting us

Entity: The Healthy Diary Pty Ltd ABN 31 651 339 114 trading as The Healthy Diary 

Email: [email protected]

Postal Address: PO Box 6282, Point Cook, VIC 3030