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- Welcome to www.diversahealth.com.au (the ‘Website’). The Website is owned and operated by Diversa Health Pty Ltd (ACN 639 679 995) (‘Diversa Health’).
- Diversa Health supplies education and coaching services with the objective of effectively reversing Type 2 Diabetes and other insulin-induced conditions through low-carbohydrate, medical, diet and nutrition care (‘Services’).
- Our Services which include ongoing support are delivered to you in person (offline) and through our Website (online) which includes member portal that can be accessed for exclusive content, telephone, video, emails, text messages and on-line group webinars.
- Diversa Health values transparency and privacy. We are committed to protecting the personal information that we collect, store and use when you access our Website and Services (‘Personal Information’). Personal Information is information about an individual whose identity is
apparent or can reasonably be ascertained from that information.
(a) the types of Personal Information we collect;
(b) how and when we collect, use, store, disclose and otherwise handle Personal Information;
(c) the purposes for which we collect, use, and disclose Personal Information;
(d) how you may access your Personal Information;
(e) how to update your Personal Information;
(f) how you can make a complaint and how we deal with any such complaint; and
(g) how to contact us.
2. SUBSCRIPTION SERVICES
- To obtain access to our Services, you must register for a subscription (‘Subscription').
- As a Subscriber, you agree to pay the subscription fee (‘Subscription Fee’) advertised on our Website for the purchase of Services from Diversa Health.
- Payment of our Subscription Fee will be made through the payment gateway advertised on our Website (‘Payment Processing Service’). Subscriber authorises Diversa Health to automatically charge Subscriber the Subscription Fee through the Payment Processing Service.
- We manage your Personal Information in accordance with the requirements of the Australian Privacy Principles (‘APPs’) in the Privacy Act 1988 (Cth) which govern how organisations collect, hold, use and disclose Personal Information. We also adhere to the Privacy Amendment (Notifiable Data Breaches) Act 2017 (‘NDB’) and other applicable Australian state and territory privacy laws.
4. TYPES OF PERSONAL INFORMATION WE COLLECT
- We receive and store Personal Information you provide to us through the supply of our Services, through your use of our Website, or when we answer your queries.
- Personal Information about visitors to our Website is collected only when it is knowingly and voluntarily submitted with your consent. For example, we may need to collect this information to provide you with our Services or to answer any requests or enquiries.
- We only collect Personal Information that is reasonably necessary for the purpose of our functions.
- For any of our Services that require a login and password (‘Login Details’), it is your responsibility to keep your Login Details confidential and secure.
- We ask you to provide Personal Information and obtain other information from you when you use our Website and avail our Services. This Personal Information may include:
(a) name and date of birth;
(b) address, telephone/mobile/fax numbers and email address;
(c) bank account and/or credit card details for agreed billing purposes;
(d) sensitive health information such as Member’s medical data including blood result tests, pathology results and prescriptions forms; and
(e) any other information reasonably collected or required so that we can supply you with our Services.
- We may collect additional information from you at other times, including but not limited to, when you provide feedback, change your content or email preference, respond to surveys, or when you email us or communicate with our support team.
- We also collect and use Personal Information to improve our Services through marketing communications.
- When we collect your Personal Information for marketing purposes, it will be in circumstances where you would reasonably expect the data to be used for marketing purposes, and we will always give you a means to “opt out” of any marketing communications.
- You are solely responsible for:
(a) the accuracy, quality, integrity, legality, reliability, and appropriateness of the Personal Information that you provide to us, and
(b) accessing and updating that Personal Information if it is inaccurate or incomplete.
5. SENSITIVE HEALTH INFORMATION
- We may, only with your express consent, collect health information from you that is considered sensitive. You must be adequately informed before giving this consent, you must give this consent voluntarily, the consent must be current and specific, and you must have the capacity to understand and communicate your consent.
- We collect sensitive health information from you to provide you with our Services, subject to that information being reasonably necessary for the performance of our Services.
- You own your sensitive health information. You can decide who accesses it and you have a right to access it by asking us for a copy. You can add or delete information or change who has a right to access your records by contacting us.
- You can also contact us at any time to request information about the records that we hold about you, to correct any information that we hold about you, to delete any information that we hold about you or to opt out of emails, marketing or any other notifications that you receive from us. Health information can’t be used for direct marketing unless you’ve specifically and expressly agreed to it. If you agree initially, you can contact us later and ask not to receive any further marketing materials.
- We may share or disclose your sensitive health information when you or someone else’s health or safety are seriously threatened or when the information will reduce or prevent a serious threat to public health or safety. There are also certain exemptions which may apply in law enforcement situations and in a court of law.
- We may ask you to verify your identity before acting on any of your requests.
6. WHAT WE DO WITH YOUR PERSONAL INFORMATION
- We use your Personal Information and you consent us to use your Personal Information to:
(a) verify your identity;
(b) provide you with our Services;
(c) supply you with and market the Services on our Website;
(d) provide you with information and updates about our Website and our Services;
(e) communicate with you by a variety of measures including, but not limited to, telephone, email, SMS or mail;
(f) manage, research and develop our Services, including through data analytics;
(g) gain an understanding of your information and communication needs or obtain your feedback or views about our Services in order for us to improve them;
(h) administer our business activities and internal record keeping;
(i) detect, prevent and address technical issues; and
(j) meet legal, regulatory and compliance obligations.
- We may disclose your Personal Information to third parties where:
(a) the disclosure is directly related to the purpose for which the Personal Information was collected, and we have no reason to believe that you would object;
(b) you are likely to be aware, or have been made aware, that Personal Information of that kind is usually disclosed;
(c) where we believe on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of you or another person; or
(d) where that disclosure is authorised, otherwise permitted or required by law.
- We also use your Personal Information to assist us in providing our Services to you, to verify your identity, contact you or respond to your queries, and display, update and maintain our Website and its content.
- If you choose to withhold your Personal Information, it may not be possible for us to provide you with our Services or for you to access certain parts of our Website or for us to respond to your query.
7. DISCLOSURE OF YOUR PERSONAL INFORMATION
- From time to time, Diversa Health may share or disclose your Personal Information, on a confidential basis, to any of our officers, employees, vendors, service providers, insurers, professional advisers, agents, suppliers, third party service providers or subcontractors and others that we transact with in the ordinary operation of our business, marketing and promotion, user experience research and surveys, Website hosting, and support and maintenance. We will disclose your Personal Information only for the extent required by our third-party service providers or subcontractors insofar as reasonably necessary to provide our Services to you.
- We may also disclose and publish aggregated data, as well as sensitive health information, in a form that does not identify you individually, for research publications and also to our advisors for the purposes of conducting marketing, testing and user experience analysis.
- If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user information databases, together with any Personal Information and non-Personal Information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality.
- Personal Information that we collect from you will be stored in servers located in Australia.
8. MANNER OF COLLECTION
- We may collect Personal Information that you provide to us about yourself when you:
(a) use this Website, including (without limitation) when you:
(i) purchase any Services through this Website;
(ii) add reviews, forum or chat room messages or comments in any elements of this Website that permit user-generated content; or
(iii) complete an online contact form to contact us
(b) provide information to us by telephone or through marketing or through our social media channels; or
(c) send us an email or other communication.
9. CLOUD STORAGE AND INTERNATIONAL DATA TRANSFERS
- As to third-party technology tools that we use, you agree that we may store, process and transfer your data, including your Personal Information in countries outside of Australia.
- Personal data that may be stored in countries outside Australia is governed by their respective data privacy laws as amended from time to time. These privacy laws apply to all business operators and processors that handle the personal data of individuals in those countries.
10. DATA OWNERSHIP
- You, as a Member, own all rights, title and interest in the content and Personal Information that you provide to us (‘Member Data’).
- You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your Member Data.
- You grant to Diversa Health, or to any third parties used by us to provide the Website or our Services and any associated software, a non-exclusive, worldwide and royalty free licence to use, copy, display, perform, distribute, disseminate, transmit, translate, edit, cache and create derivative works of Member Data subject to our obligations under these terms.
- Diversa Health or any related entities owns all rights(?), title and interest in any data or information that we create, generate, compile, derive or produce in connection with any supply of our Website or our Services, including data and information that is:
(a) aggregate or raw or statistical relating to usage, analyses and results of the Website;
(b) for the purpose of optimising delivery, commercialisation and performance of our Website; and
(c) samples and prototypes, conclusions, techniques, know how, methods, and undocumented findings generated in the usual course of our business.
11. WEBSITE USER EXPERIENCE TRACKING
- Diversa Health may use Google Analytics Advertising products such as Remarketing with Google Analytics, and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our Website traffic via Google Advertising cookies and anonymous identifiers. Data collected via these Google products is not linked with any personally identifiable information you submit while on our Website. If you wish to opt out of the Google Analytics data collection, you may do so on Google’s Website at https://tools.google.com/dlpage/gaoptout/.
- We, and, in some instances, our third-party tracking-utility partners automatically gather certain information and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
- Diversa Health uses this information, which does not identify individual users, to analyse trends, to administer the Website, to track users’ movements around the Website and to gather demographic information about our user base as a whole.
- Diversa Health and its marketing and development partners, affiliates, and analytics or third-party service providers or subcontractors, such as online Member support provider and email marketing system, use technologies such as cookies, beacons, tags and scripts. These technologies are used in analysing trends, administering the Website, tracking users’ movements around the Website and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as on an aggregated basis.
- Cookies cannot be used to run programs. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store Personal Information about you. Diversa Health extends the same privacy protection to your Personal Information, whether gathered via cookies or from other sources.
- You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
(a) remember your preferences for using this site;
(b) show relevant notifications to you (e.g., notifications that are relevant only to users who have, or have not, subscribed to newsletters or email or other subscription services); and
(c) remember details of data that you choose to submit to us (e.g., through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc.).
- Many of these cookies are removed or cleared when you log out, but some may remain so that your preferences are remembered for future sessions.
13. MARKETING AND OPTING OUT
- Diversa Health may use your Personal Information to provide you with materials, promotions and communications from time to time about Services available to you or from other service providers in partnership with us, or to invite you to continue to avail our Services. This information will only come from us. Diversa Health will not sell your Personal Information to other providers without your express consent.
- You may opt out of receiving promotional materials from us at any time by contacting us at our contact details below or by clicking the ‘unsubscribe’ link on the relevant promotional emails.
14. PROTECTING AND MAINTAINING PERSONAL INFORMATION
- Diversa Health will take all reasonable steps to protect your Personal Information from unauthorised access, use and disclosure. However, we cannot guarantee that our systems and stored data will be completely free from third party interception or data corruption.
- If you use our Website to link to another website, we encourage you to view their terms and conditions of use, privacy policies and security statements before disclosing any of your Personal Information on those websites.
- You agree that the transmission and exchange of information is carried out at your own risk. If you have any questions about privacy or security, please contact us.
15. SECURITY OF PERSONAL INFORMATION AND DATA BREACH PROTOCOL
- The security of your data is important to us but remember no method of transmission over the internet is 100% private and secure. We do not guarantee or warrant the absolute privacy or security of any data we collect from or about you.
- The internet is an insecure medium and users should be aware that there are inherent risks transmitting information across the internet. Information submitted unencrypted via electronic mail or web forms may be at risk of being intercepted, read or modified.
- To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, technical and managerial procedures, such as encryption of Personal Information, to safeguard and secure data and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
- A reportable “Data Breach” is a security incident where the integrity of Personal Information is compromised through being destroyed, lost, altered, corrupted, disclosed or accessed by an unauthorised person where it is likely to result in serious harm to any individual affected.
- We have procedures and systems in place including a data breach incident response plan, specific data breach policies and procedures and personnel to deal with an actual or suspected “Data Breach” and will notify you and the applicable regulator in accordance with our obligations under the Privacy Laws and NDB.
- Please report to Diversa Health any actual or suspected data breaches for investigation by using the contact details provided below.
16. ACCESSING PERSONAL INFORMATION
- It is your responsibility to advise us of any changes to your personal details to ensure we can keep our records accurate and up to date. If you wish to access some or all the Personal Information that you have provided us, please submit a request at our contact details below.
- We request that you keep your information as current as possible so that we may continue to improve our supply of Services to you.
- If you believe that your Personal Information with us is incorrect, you may request for the amendment of such information. You may also request that we delete your Personal Information with us.
- If you request Diversa Health not to use your Personal Information in a particular manner or at all, we will adopt reasonable measures to observe your request but we may, to the extent permitted by law, still use or disclose your Personal Information if you subsequently consent to the disclosure or if we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or is otherwise required or authorised by law. If you know the information, we hold about you is not accurate or complete, please notify us. We will respond to requests for access within fourteen (14) days.
- We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
17. CHILDREN’S PRIVACY
- Our Website does not address anyone under the age of thirteen (13) (‘Children’).
- We do not knowingly collect personally identifiable information from anyone under the age of thirteen (13). If you are a parent or guardian and you are aware that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from Children without verification of parental consent, we take steps to remove that information from our servers.
- Our Services may from time to time have links to other sites not owned or controlled by us. Links to third party sites do not constitute sponsorship or endorsement or approval of these sites. Diversa Health is not responsible for the privacy practices of other such sites.
19. LAW AND JURISDICTION
20. IF YOU HAVE CONCERNS
- If you have any concerns about how we handle your Personal Information or if you need further information, please contact us at our contact details below. Please also use these contact details if you no longer consent to receiving marketing materials from us.
- Members can contact us through the contact details on our Website or by email at the following address: [firstname.lastname@example.org]