An associated document, the Hit 100 Terms & Conditions, tells you who we are and what we do and sets out the other (non-privacy related) terms on which we will deal with you, including the terms upon which we supply meals, and provides some important health-related information.
Both documents are important. Please take the time to read them.
HOW DO WE USE PERSONAL INFORMATION THAT YOU PROVIDE TO US
Personal information is information or an opinion about an individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in material form or not.
Common examples are an individual’s name, signature, address, telephone number, date of birth, medical records, bank account details and commentary or opinion about a person.
There is a type of personal information called ‘sensitive information’ that is subject to more stringent obligations. Sensitive information includes some health related information about identifiable individuals.
Because we collect and use some sensitive health-related personal information about individuals, we require the consent of those individuals to the collection and use of this information. You must therefore be over 18 years of age to deal with us. If you are dealing with us on behalf of someone else, we rely upon you to have fully informed that individual and obtained their permission for you to deal with us on their behalf. Parents or carers may deal with us on behalf of children or other persons for whom they care, but only on this basis.
We ask you to provide health-related information which we use to allocate individualised points to each user based on a personal health profile as built by us using that information. We also ask you to provide ongoing information as to other food and beverages that you consume each day to enable us to report to you using the app. You consent to us collecting that health-related information to build a personal health profile and provide reporting to you as to your scored food and beverage outcomes each day.
We rely on the information that you choose to tell us. If this information is incorrect or incomplete then our personal health profile (as built by us using information that you provide to us) may be unreliable or unsuitable. Therefore, please take care to tell us only what you know. We have no way to check what you tell us with anyone else.
Some personal information that you provide to us must be disclosed to others to enable us to process payments made by you, to manage your account with us, to organise delivery of meals to you and to provide customer support and mange service or delivery issues. We won’t disclose any information to any person where you are reasonably identifiable as the person to whom that information relates except as reasonably required to provide our service to you, for reasonably related secondary purposes such as those described in this paragraph, or otherwise as required by law.
We collect and retain your payment details as reasonably required to provide our services to you. We will take all reasonable steps to protect the security of payment details provided to us and require that our payment services providers do the same. We only use reputable payment services providers with an established track record of maintained customer trust and information security. Payment details may be retained as reasonably required to facilitate debit of future orders that you may place. Payment details may be passed to our payment services provider to facilitate payment for orders placed by you, but must only be provided by us to our payment services provider for that purpose and reasonable secondary purposes such as dealing with any payment queries made by you or us.
You also consent to us contacting you, including by electronic communications, to market other products and services that we and our business partners may provide. However, you may elect to request that we do not market to you products and services that our business partners may provide while continuing to receive our services.
Where personal information has been reliably and verifiably de-identified so that no individual is reasonably identifiable, that information may be used and disclosed without regulation by privacy laws (because the information no longer relates to any identifiable person). We will use de-identified information wherever possible to minimise any use or disclosure of personal information.
DISCLOSURE OF YOUR PERSONAL INFORMATION
We do not sell, rent or trade your personal information with any third party.
We will not otherwise disclose your personal information to any third party unless:
(b) that third party is a contractor engaged to provide products or services to us. This may include disclosure to contractors outside of Australia. Our agreements with such contractors require that they keep your personal information confidential and that they only use or disclose your personal information for the purposes of providing those goods or services to us;
(c) such disclosure is in connection with the sale of some or all of our business or assets; or
(d) you have consented for us to share the information for this purpose, or the disclosure is authorised by privacy laws, including to lessen or prevent a serious threat to life or health, to protect the personal safety of the public, if authorised or required by law, if we have reason to suspect that unlawful activity has been, is being or may be engaged in, to enforce the law or where necessary to investigate a suspected unlawful activity, or you would reasonably expect or we have told you that your personal information is usually used or disclosed to third parties in this way.
We will comply with APP 7 and the (Australian Federal) Spam Act 2003 in relation to any direct marketing by us, including:
(a) allowing an individual to opt out of receiving any further direct marketing from us; and
(b) in each written communication from us, setting out our business address, telephone number and, if the communication with that individual is made by fax, telex or other electronic means, a number or address at which we can be directly contacted electronically.
Where we use personal information for the purposes of business to business direct marketing, we rely on the exception in the Privacy Act to do so.
A cookie is a small file containing information specific to a user, passed through an internet protocol such as a web browser and stored on a device.
We may also be provided with cookies data, anonymous identifier data, device information, log information and other information, if provided by ad serving services or advertising networks and relating to use by other persons of third party websites serviced by those ad serving services or advertising networks. Many browsers and internet access devices are set by default to accept cookies. However, if you do not wish to receive any cookies you may set your browser or configure your internet access device to either prompt you whether you wish to accept cookies on a particular site, or by default reject cookies. Please note that rejecting cookies may mean that some or all of the features and functionality of particular websites or internet services will not be available to you.
ACCESS AND CORRECTION OF YOUR PERSONAL INFORMATION
An individual may request access to their personal information held by us. Subject to any permitted exception under privacy laws, we shall give that individual access to that information. If an individual notifies us that the information we hold about them is not accurate, we will take reasonable steps to correct that information. To the extent that we have received any personal information indirectly, we will notify that business that it has received a request from an individual to access or correct the personal information it has provided to us.
If you require access to your personal information, please email us at firstname.lastname@example.org or call us on 1300 448 100. Before we provide you with access to your personal information we will require some proof of identity.
For most requests, your information will be provided free of charge, however, we may charge a reasonable fee if your request requires a substantial effort on our part.
If we refuse to provide you with access to the information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the APPs (unless it would be unreasonable to do so).
We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it. If the personal information we hold about you is inaccurate, incomplete, irrelevant or out-of-date, please Contact Us and we will take reasonable steps to either correct this information, or if necessary, discuss alternative action with you.
RETENTION OF PERSONAL INFORMATION
We retain personal information after we have used the personal information for the purposes for which we collected or received it.
If we retain such personal information, it will only be used for the following purposes:
(a) as required by or under Australian law, or a court / tribunal order;
(b) as required for professional indemnity insurance; and
(c) in accordance with our back-up archive policy.
When no longer required, Hit 100 uses its best endeavours to ensure that all such information will be destroyed in a secure manner and in a reasonable time frame.
HOW WE HOLD AND SECURE YOUR PERSONAL INFORMATION
The security of your personal information is important to us.
We will take all reasonable steps to protect the security of all personal information entrusted to us, following the guidance of the Australian Privacy Commissioner as to what we need to do to meet our legal obligations under APP 11 (security of personal information).
In particular, we take reasonable steps to prevent the personal information we hold about you from misuse, interference or loss, and from unauthorised access, modification or disclosure. This includes the use of technologies and processes such as access control procedures, network firewalls, encryption and physical security to protect the privacy of your personal information.
LINKS TO OTHER WEBSITES
Sometimes our website contains links to other websites. When you access a website other than our website, we are not responsible for the privacy practices of that site. We recommend that you review the privacy policies of each website you visit.
HOW TO CONTACT US
(a) would like to access or inquire about any personal information we hold about you;
(c) would like to make a complaint about our handling of personal information,
please contact us using the details below.
A: Level 4, 77 Pacific Highway, North Sydney, 2060
T: 1300 448 100
If you wish to make a complaint about an alleged breach of privacy laws, we ask that you send us your complaint in writing to the email address listed above. We endeavour to respond to complaints within a reasonable period (usually 30 days). If you are not satisfied with our response, you may make a complaint to the Office of the Australian Information Commissioner by phoning 1300 363 992 or by email at email@example.com.
We are Well Movement Pty Limited 92 601 713 517 trading as Hit 100.