1. OUR PRIVACY COMMITMENT
We recognise the importance of, and are committed to, managing any personal information (including health information) that we collect in compliance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (“APPs”) (included in Schedule 1 of the Privacy Act) and any and other Australian privacy laws, including any privacy laws that are related to collection of sensitive information, (together, “Privacy Laws”).
2. HOW DO WE COLLECT PERSONAL INFORMATION?
Where possible, we collect your personal information directly from you. This collection includes when:
(a) you communicate with us via email, LiveChat, clinical care line or customer service line, SMS or social media;
(b) you interact with us or others on our websites [or on our mobile applications], including when you send or post queries or comments;
(c) you fill in one of our forms, such as a customer registration form or credit application;
(d) you participate in research activity, promotional activity, competition or promotion; and
(e) you request certain products, samples or services from us.
3. WHAT PERSONAL INFORMATION DO WE COLLECT?
The personal information we collect varies depending upon the purpose of the collection and the product or service we are providing you. You should assume that when you provide us with information that we will retain it, unless we explicitly advise you otherwise. Generally, we collect the following types of personal information from you:
(a) contact information, such as your name, email address, physical address and telephone numbers;
(b) demographic information, such as your age and gender;
(c) pregnancy information, such as your due date and date of conception;
(d) access information, such as your IP address; and
(e) any other information you voluntarily provide to us (this may include health information).
However, for certain purposes, such as where you apply for employment with us, we will collect additional personal information such as your employment history, educational history and employment references.
If you provide us with personal information on an unsolicited basis, we assess whether such information is reasonably necessary for one or more of our functions or activities. The unsolicited personal information you disclose to us may be used and disclosed for the purpose for which you provided such information or, where you would reasonably expect us to, we may use the information for a directly related secondary purpose. We may also disclose or use the information for other purposes with your consent or if required to by law.
4. CREDIT APPLICATION
We may collect personal information about your credit arrangements in order to assess your application and your personal information from credit reporting bodies or other third parties for credit assessment and debt collection purposes.
5. WHY DO WE COLLECT AND USE YOUR PERSONAL INFORMATION?
We will collect your personal information so we can provide you with products and services that you have requested or have registered for, and to provide you with a high quality of customer service. We also collect, hold, use and disclose your personal information for the following purposes:
(a) Customer care: We collect personal information from you if you purchase our products for general customer care purposes, to process your payments, provide you with your order status, deal with your enquiries and requests, and assess and handle any complaints. We also collect personal information to develop and improve our products, services, communication methods and the functionality of our websites [and mobile applications].
(b) Sales Promotions, Competitions, Surveys and registration to attend our events: We collect personal information when you respond to one of our promotions, competitions or surveys or when you register to attend an event in order to inform you if you have won a prize, to place you on a guest-list to the event and to send you news and information about our activities and general promotional material that we consider might be of interest to you, and to help us better understand what products and services you would like to receive information about in the future.
(c) Credit reporting: If you apply for credit, we may exchange your personal information with credit reporting bodies in order to obtain or assist with their credit reporting services.
(d) Provision of general information: To provide you with periodic email communications containing general information about pregnancy, child development and other related information that may be of interest to you.
(e) Promotion of products and services: To promote our products and services to you, including via SMS and email.
We will also collect and use your information for specific purposes that we tell you about or that you authorise.
You are not required to provide us with any personal information, however if you do not we may not be able to provide you with our goods or services, or respond to any contact you have made with us.
6. WHO DO WE DISCLOSE YOUR PERSONAL INFORMATION TO?
We may disclose your personal information to third parties in order to carry out our business activities and functions. This may include, but is not limited to, disclosure:
(a) to our employees, related bodies corporate, franchisees, contractors or service providers for the purposes of operating our website or our business, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, credit providers, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, archivists and professional advisors such as accountants, solicitors, business advisors and consultants;
(b) to suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes;
(c) to referees whose details are provided to us by job applicants;
(d) with your specific and prior consent, to other companies or individuals for the purposes you have consented to; and
(e) where we consider in our absolute discretion we are required to disclose the information in order to satisfy any applicable law, regulation, legal process or government request.
We may disclose personal information in accordance with this clause to our related bodies corporate and other third parties who are based overseas, including in France and Ireland, and, where we do so, your personal information may be transferred overseas and will be subject to the relevant laws of that jurisdiction.
We ensure that any organisations which we disclose your personal information to, whether based locally or overseas, are subject to appropriate contractual obligations to safeguard and protect your personal information, so that they do not breach any applicable privacy laws (including the APPs) in relation to your personal information.
7. HOW IS YOUR PERSONAL INFORMATION SECURED?
We understand that the security of your personal information is important. We take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure. We maintain physical and electronic security over our paper and electronic data storage. We also maintain computer and network security. For example, we use firewalls (security measures for the Internet) and other systems such as user identifiers and passwords to control access to computer systems.
Your personal information may be stored overseas and may be subject to the relevant laws of the jurisdiction in which it is stored.
Subject to the Privacy Laws, if the personal information we collect is no longer needed for any purposes for which it may be used or disclosed and we are not required by law to retain it, we will take reasonable steps to either destroy it (in a manner that ensures its confidentiality) or permanently de-identify it.
8. ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
It is important to us that the personal information we hold about you is accurate, up to date, complete, relevant and not misleading.
In certain circumstances where you can access your own personal information via your membership you will be required to follow prompts to access, correct or update your personal information. If this option is available to you directly, we will clearly mark it for ease of access.
Otherwise, you can access or correct your personal information, or personal information we hold about a minor or child you have lawful authority to represent, by contacting us using the ‘Contact Details’ set out below. Please provide us with as much detail as you can about the particular information you wish to access or correct, in order to help us retrieve it. We may charge you an access fee to cover our reasonable costs of providing that information to you. We will inform you of any applicable fees before they are incurred.
In certain circumstances, we may refuse your request to access, or correct, your personal information. If that is the case, we will provide you with reasons for that decision unless it is unreasonable for us to do so. We take reasonable steps to make sure that the personal information we use is accurate, complete and up-to-date including updating personal information when we are advised by you that your personal information has changed. We will respond to all requests for access and/or correction within a reasonable time.
If you wish to delete the personal information we hold about you, please let us know by contacting us using the ‘Contact Details’ set out below.
9. DIRECT MARKETING
We may use your personal information to send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable Privacy Laws and marketing laws, such as the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (using the ‘Contact Details’ set out below) or by using opt-out facilities provided in the marketing communications, and we will then ensure that your name is removed from our mailing list.
We may also disclose your personal information to our related bodies corporate; our other business partners and our service providers to give you information and offers about products and services offered by us or these companies.
Please note that by opting out of receiving marketing communications, you may still receive communications from us (such as invoices and notices) in relation to the products and services you have purchased from us.
We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website [or mobile application], track users’ movements, and gather broad demographic information.
11. ANONYMITY AND USE OF A PSEUDONYM
You may request at any time that you remain anonymous, or choose a pseudonym, when dealing with us. To the extent that it is lawful and practicable for us to enable you to do so, we will grant such a request. However, where you choose to remain anonymous, or choose a pseudonym, we may not be able to provide you with some services or products.
Aside from the use of a pseudonym, all material that you post on the website or otherwise provide to us must be true and correct in all respects.
12. HOW TO MAKE A COMPLAINT
If you wish to make a complaint about the way in which we handle your personal information, please contact our Privacy Officer using the ‘Contact Details’ set out below. We undertake to acknowledge and investigate any complaint promptly and will respond to written complaints within a reasonable time from the date of receipt. If you are dissatisfied with our response, you may refer the matter to the Office of the Australian Information Commissioner (see www.oaic.gov.au).
13. CHANGES TO THIS POLICY
14. CONTACT DETAILS
If you wish to make a complaint about our privacy handling practices, we ask that you send us your complaint in writing to the email address listed above. We will respond within a reasonable period.
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 firstname.lastname@example.org.