Hearty CenterPrivacy Policy

In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means HEARTY CENTER PTY LTD (ACN 643 740 578). We are committed to respecting your privacy. Our Privacy Policy sets out how we collect, use, store and disclose your Personal Information.

By providing Personal Information to us, you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on the Website. We encourage you to check the Website periodically to ensure that you are aware of our current Privacy Policy.

Personal Information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details.

1                  Definitions


1.1                   In this Privacy Policy, the following capitalised terms have the following meanings:

HRIP Act means the Health Records and Information Privacy Act 2002 (NSW)

Non-personal Information means information that does not relate to a person and/or cannot be used to identify a person.

Personal Information means any information which can be used to identify an individual, any information which is considered “health information” under the HRIP Act, and described in detail in clause 2.

Privacy Act means the Privacy Act 1998 (Cth).

Sensitive Information is defined in Privacy Act.

Spam Act means the Spam Act 2003 (Cth).

Terms of Use means the Terms of Use of the Website, available here

Any other capitalised terms which are defined in the Terms of Use have the same meaning as they do in the Terms of Use.

2                  What Personal Information do we collect and how?


2.1                  We may collect Personal Information about you when you visit the Website, receive Products or interact with us in any way.

2.2                  Information you provide to us: We collect all information that you voluntarily provide to us through using the Website or the Services or interacting with us. This includes the information provided:

(a)                  during registration or booking any Products;

(b)                  during correspondence, enquiries, emails to our staff, over phone calls, or as part of customer surveys; or

(c)                  uploaded onto the Website in any way.

The Personal Information we may collect includes without limitation:

(a)                  basic information such as your first and last name;

(b)                  contact information including email address and phone number;

(c)                  demographic information such as postal code, age, gender, hobbies, interests and values;

(d)                  geographic location;

(e)                  other Personal Information obtained by your use of the Website or the Products; and

(f)                  any other information that enables users to be personally identified.

2.3                  Sensitive Information: Depending upon the purpose of our interaction with you, we may collect Sensitive Information including without limitation your height, weight, blood pressure, allergies, dietary restrictions, blood glucose, medical history, current medications or treatments, Medicare number, test results and samples, racial or ethnic origin (where this pertains to a relevant care question). We only collect Sensitive Information that is relevant, accurate, current and non-excessive.

2.4                  Information we automatically collect: We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which you access the Website (Automatic Data). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Website, details of the license packages you have subscribed for or that you have enquired about, including any additional information related thereto and response to your enquiries, or information about how you came to the Website. We collect Automatic Data based on your consent which was granted to us by you when you registered as a User and accepted this Privacy Policy.

2.5                  Information we obtain from others: In some circumstances, Personal Information may also be collected from other sources. Often this is because it is not practical or reasonable to collect it from you directly. This may include information from:

(a)                  your guardian or responsible person;

(b)                  other involved healthcare providers, such as specialists, allied health professionals, hospitals, community health services and pathology and diagnostic imaging services; or

(c)                  your health fund, Medicare, or the Department of Veterans’ Affairs (as necessary).

2.6                  Non-personal Information: When you interact with the Website, we may collect Non-Personal Information. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Information do not apply to Non-personal Information. When you register for the Website or otherwise submit Personal Information to us, we may associate other Non-personal Information (including Non-personal Information we collect from third parties) with your Personal Information. At such instance, we will treat any such combined data as your Personal Information until such time as it can no longer be associated with you or used to identify you.

2.7                  Accuracy: We will take reasonable steps to ensure that any Personal Information or Sensitive Information you provide us with is relevant, accurate, up to date, complete and not misleading, in accordance with the HRIP Act. Please note that if you do not provide us with accurate Personal Information, this may impact our ability to deliver the Products or the effect of the Products.

3                  Why do we collect, use and disclose Personal Information?


3.1                  We may collect, hold, use and disclose your Personal Information for the following purposes:

(a)                  to enable you to access and use our Website and receive Products;

(b)                  to operate, protect, improve and optimise our Website, Products, business and our customers’ experience, such as to perform analytics, conduct research and for advertising and marketing;

(c)                  to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;

(d)                  to send you marketing and promotional messages and other information that may be of interest to you, including information sent on behalf of our business partners that we think you may find interesting;

(e)                  to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners; and

(f)                  to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

3.2                  In the case of Sensitive Information, we will only use Sensitive Information for the reason for which it was collected, which is usually to provide our Products to you. However, we may use your Sensitive Information for a secondary purpose in the following circumstances:

(a)                  if you consent to that use; or

(b)                  if you would reasonably expect your Sensitive Information to be used for that secondary purpose, and the secondary purpose is directly related to the primary purpose.

3.3                  The information we collect is not distributed, sold or leased to third parties for commercial purposes, except to provide Products you have requested or for other purposes when we have your permission or when we are obliged to do so.

4                  Do we use your Personal Information for direct marketing?


4.1                  You consent to us using or disclosing your Personal Information (but not your Sensitive Information) for the purposes of direct marketing (including direct marketing by third parties). We may send you direct marketing communications and information about the Website and Products offered by us. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the HRIP Act, Spam Act and the Privacy Act. You may opt out of receiving marketing materials from us by contacting us, or by using the opt-out facilities provided (e.g. an unsubscribe link).

5                  To whom do we disclose your Personal Information?


5.1                  We may disclose Personal Information for the purposes described in this Privacy Policy to:

(a)                  our employees and related bodies corporate;

(b)                  third-party suppliers and service providers (including providers for the operation of our Website and/or our business or in connection with providing our Products to you);

(c)                  professional advisers, dealers and agents;

(d)                  our existing or potential agents, business partners or partners;

(e)                  anyone to whom our assets or businesses (or any part of them) are transferred;

(f)                  specific third parties authorised by you to receive information held by us; and/or

(g)                  other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

6                  Anonymity


6.1                  In accordance with the HRIP Act, wherever it is lawful and practicable, you will be given an opportunity to not identify yourself when using the Website, Services or receiving a Product. 

7                  Using our websites and cookies


7.1                  We may collect Personal Information about you when you use and access our Website. While we do not use browsing information to identify you personally, we may record certain information about your use of our Website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

7.2                  We may also use ‘cookies’ or other similar tracking technologies on our Website that help us track your Website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our Website may not work as intended for you if you do so.

7.3                  We may also use cookies to enable us to collect data that may include Personal Information. For example, where a cookie is linked to your account, it will be considered Personal Information under the Privacy Act. We will handle any Personal Information collected by cookies in the same way that we handle all other Personal Information as described in this Privacy Policy.

8                  Security


8.1                  We may hold your Personal Information in either electronic or hard copy form. We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information. However, we cannot guarantee the security of your Personal Information.

9                  Retention


9.1                   We may retain your Personal Information for a period of 7 years from the last date on which you visited our Website or received Products from us, or as required under applicable laws (whichever is later). Even if we delete your Personal Information it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.

10              Exclusions


10.1                  Links: Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

10.2                  Personal Information Provided to Others: This Privacy Policy does not apply to any Personal Information that you provide to another person through the Website or through any other means, or information posted by you to any public areas of the Website.

11              Accessing or correcting your Personal Information


11.1                  You can access the Personal Information we hold about you by contacting us. Sometimes, we may not be able to provide you with access to all of your Personal Information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your Personal Information.

11.2                  If you think that any Personal Information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

11.3                  We will consider and respond to all requests in accordance with all applicable laws.

12              Making a complaint


12.1                  If you think we have breached the Privacy Act, HRIP Act or any other relevant privacy law, or you wish to make a complaint about the way we have handled your Personal Information, you can contact us. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

13              Contact us


13.1                  For further information about our Privacy Policy or practices, or to access or correct your Personal Information, or make a complaint, please contact us using the details set out below:

13.2                  [https://heartycenter.com.au/contact/]