Privacy Policy

Introduction

Welcome to www.eattobeatdiabetes.com.au ("Website"). We, JEL International Health Solutions Pty Ltd ACN 602 430 562 trading as Eat to Beat Diabetes  ("ETBD", "we", "us" or "our"), are the licensee and operator of the Website. This Privacy Policy covers how we collect, use, disclose, transfer and store your information, and forms part of our Terms and Conditions .

By using the Website and/or any service offered by ETBD ("Service") and/or setting up an account with us, you consent to our collection, use, disclosure, transfer and storage of your information in accordance with this Privacy Policy. If you do not consent, please do not use the Website, sign up for an account or acquire the Service.

This Privacy Policy, like the rest of our Terms and Conditions, is an integral part of using the Website and/or Service. Therefore, you must completely agree to our Privacy Policy in order to use our Website or Service.

Users of the Website and the Service must be at least 18 years of age and residing in Australia.

In this Privacy Policy:
(a)     "personal information" is as defined in the Privacy Act 1988 (Commonwealth) ("Privacy Act"). It means: "information or an opinion about an identified individual, or an individual who is reasonably identifiable: 
•    Whether the information or opinion is true or not; and
•    Whether the information or opinion is recorded in a material form or not";
(b)     "health information" is as defined in the Privacy Act. It includes:
•    information or an opinion, that is also personal information, about:
o    the health or a disability (at any time) of an individual; or
o    an individual's expressed wishes about the future provision of health services to him or her; or
o    a health service provided, or to be provided, to an individual; or
•    other personal information collected to provide, or in providing, a health service";   
(c)     "sensitive information" is as defined in the Privacy Act. It is a subset of personal information and includes:
•    information or an opinion (that is also personal information) about an individual's racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, or criminal record; or 
•    health information about an individual; and
(d)     "non-personal information" means any information other than personal information.

1.    Collection and use of information

You may be asked to provide personal information when you:
(a) sign up for a Service (including our program);
(b) use the Website, including for the purposes of researching our products and/or services;
(c) request for a subscription, sign-in or create an account;
(d) post on or via the Website, or transmit or submit to us, any feedback, comment or other information;
(e) participate in any survey, promotion or competition offered by us;
(f) dispute any payment; and/or
(g) contact us.

ETBD may collect, use, disclose, transfer and store such personal information consistent with this Privacy Policy. We may also aggregate your personal information with other information.

2.    What information we collect

When you sign up for a Service (including our program), you will be required to submit your first name, email address and payment information. You will also be required to represent and warrant to us that you are a resident of Australia and that you are over 18 years of age and that you are not injecting insulin and not pregnant. After you sign up for a Service, you may also be asked to submit additional information (including sensitive information) such as your physical characteristics, emotional state, laboratory results, and health goals, but this is not compulsory and will be at your discretion.

When you:
(a) use the Website;
(b) request for a subscription, sign-in or create an account;
(c) post on or via the Website, or transmit or submit to us, any feedback, comment or other information (including information provided in response to any questionnaire that we may send to you from time to time);
(d) participate in any survey, promotion or competition offered by us; or
(e) contact us,

we may collect a variety of personal information, including your name, mailing address, phone number, email address, behaviour, preferences, feedback, comments and other personal details (which may include sensitive information) .

You acknowledge and agree that our collection of any sensitive information about you is reasonably necessary for one or more of our functions or activities.

If you share content with family and friends using the Website, ETBD may also collect the information you provide about those people such as their name, mailing address, email address and phone number. For clarity, nothing in this clause permits you to share with any third party any portion of the Website and/or the Service (including any recipe, formula or other content disclosed to you in connection with our program). As stated in our Terms and Conditions, you must not share with any third party any portion of the Website and/or the Service except with our prior written approval.

If a dispute arises in respect of any payment, we may request from the third party payment processor (e.g. PayPal) information you provided that payment processor and/or other information held by that payment processor in connection with such payment. You acknowledge and agree that we may use such information in connection with the dispute.
We also collect non-personal information. We may use, transfer, and disclose non-personal information for any purpose.

3.    Use and disclosure of information

We will use your personal information to provide you with the Service you signed up for.

If your personal information is provided to us for a specific purpose, we will also use such information for that purpose.
We may, at out discretion, use your personal information to contact your doctor or healthcare provider if we determine that such contact is necessary, or relevant to a Service or any other purchase made by you on or via the Website. We may also disclose your personal information to that doctor or healthcare provider if we determine that such disclosure is necessary or appropriate. For clarity, nothing in this clause compels us to contact your doctor or healthcare provider, or to disclose any of your personal information to your doctor or healthcare provider.

We may use your personal information to contact you by email or other means. Such contact may relate to a Service or any other purchase made by you on or via the Website. It may also be for the purposes of sending you promotional products or offers and other marketing purposes.

We may also use your personal information and non-personal information to help us develop, deliver and improve our products, services, content, advertising and marketing and may disclose such information internally, with our affiliates and/or with our other strategic partners when we believe their products or services may be of interest to you.

We may also disclose your personal information and non-personal information to third parties from time to time to:
(a) assist us in bringing to you our products and services (including the Service you signed up for);
(b) assist us with client management or to manage a database of client information;
(c) assist us in distributing emails;
(d) assist us with invoicing, billing and account management;
(e) provide us with storage and analysis;
(f) provide fraud detection or prevention or otherwise enable secure payment transactions;
(g) ensure the functionality of our products and services;
(h) carry out auditing services;
(i) carry out research and/or product analysis;
(j) assist us with direct marketing and data collection;
(k) develop new services; and
(l) provide us with other services in connection with our business operations (including for the purpose of maximising our business potential), or in connection with the provision of any such services.

Where possible, we require that these third parties agree to keep confidential all information we share with them and to use the information only to perform their obligations in our agreements with them. These third parties may use and share your personal information in accordance with their own privacy policies (if any). Please note, however, that third parties to whom we provide your personal information may be outside of Australia and may not have in place privacy policies equivalent to this Privacy Policy. You acknowledge and agree that we are not able to ensure, or take steps to ensure, that any recipient of your personal information (including an overseas recipient) does not breach the privacy principles applicable in Australia. To the maximum extent permitted by law, we will not be liable for the privacy or security practices of any recipient of your personal information.

For clarity, we may use and/or disclose your personal and non-personal information in accordance with this Privacy Policy after the termination or expiry of any account that you have with us or after the completion of any Service that we provide to you.

4.    Cookies

We, our affiliates and our third party service providers may use "cookies", which are small files stored on your computer and which contains information to enable us to recognise your browser. Cookies help us better understand user behaviour, tell us which parts of the Website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies as non-personal information. However, to the extent that internet protocol (IP) addresses or similar identifiers are considered personal information under Australian law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

We, our affiliates and our third party service providers also use cookies in advertising services to, among other goals, control the number of times you see a given advertisement, deliver advertisements that may relate to your interests, and measure the effectiveness of advertisement campaigns.

We may also use third party cookies to show you ETBD advertisements on other websites. Our advertisements on other websites may be based on products and services you have searched for or viewed on the Website.

Cookies can be deleted from your computer at any time by adjusting the settings on your browser to reject cookies or notify you when they are being used, but you may find that this reduces the functionality of the Website.

5.    Disclosure to other third parties

It may be necessary by or under an Australian law, court or tribunal order, legal process, litigation, and/or requests from enforcement and governmental authorities within or outside Australia for ETBD to disclose your personal information.

We may also disclose information about you:
(a) if we determine that for purposes of law enforcement or other issues of public importance, disclosure is necessary or appropriate;
(b) if we determine that disclosure is reasonably necessary to enforce our terms and conditions, or to protect or defend our rights, operations or users (this may include disclosure to contractors providing licensed collection services); or
(c) if we are otherwise required or permitted to do so under the Privacy Act.

Additionally, in the event of a reorganisation, merger or sale of ETBD's shares, business or assets, or a proposed reorganisation, merger or sale, we may disclose and/or transfer any and all personal information we collect to the relevant third party or parties. 

6.    Protection of personal information

ETBD takes reasonable steps to safeguard your personal information against loss, theft, and misuse, as well as against unauthorised access, disclosure and alteration. However, we cannot guarantee or warrant that the information is totally secure and, to the maximum extent permitted by law, will not have any liability or responsibility to you for any unauthorised access, disclosure and alteration of such information. We suggest also that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.

Please ensure that your account information and any password you use on the Website is kept strictly confidential and not disclosed to any other person. You should also properly log off when you have finished using a shared computer.
Unless required by or under an Australian law or a court or tribunal order, ETBD may also take reasonable steps to destroy or de-identify personal information if we no longer need it.

7.    Retention of personal information

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

8.    Access to and correction of personal information

You must ensure that your details and information provided to us are accurate (including up to date), complete, relevant and not misleading by logging into your ETBD account and checking these details and information from time to time or, if you do not have an account, by contacting us at admin@eattobeatdiabetes.com.au . For your personal information held by us, we will provide you with access to it at your request. You can request that we correct any such information if it is inaccurate, out of date, incomplete, irrelevant or misleading. However, to the maximum extent permitted by law, we may decline to process any request:
(a) that we reasonably believe would pose a serious threat to the life, health or safety or any individual, or to public health of safety;
(b) that would have an unreasonable impact on the privacy of others;
(c) that is frivolous or vexatious; or
(d) if we are required or authorised to refuse such request under the Privacy Act or any other laws.

Access or correction requests can be made by contacting us at admin@eattobeatdiabetes.com.au .  ETBD may charge you a reasonable fee to cover the costs associated with satisfying your request.

ETBD will also take reasonable steps to correct personal information to ensure that it is accurate, up to date, complete, relevant and not misleading, if we are satisfied that it needs to be corrected.

9.    Third party sites and services

The Website and our products and services may contain links to third party websites, products and services, which are not within our control and responsibility. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices (if any). We encourage you to learn about the privacy practices of those third parties through their respective websites. To the maximum extent permitted by law, we will not be liable for the privacy practices of those third parties.

10.    Posted materials

If you post any material (including information, comments, photos and videos) on the Website (including participate in chat sessions, message boards, email exchanges or newsgroups accessed via the Website) or other services offered by ETBD, you will be deemed to have given us, our affiliates and our third party service providers irrevocable consent to use the material in any way (including making it available to other users, displaying it on the Website and publishing it in any media) with or without your name and/or identity disclosed. If you do not wish this, please do not post the material.

11.    Changes to Privacy Policy

ETBD reserves the right at any time and from time to time to update or otherwise modify this Privacy Policy. When we do so, we will update this page and indicate the date that it was last modified or we may email you. If you have not purchased any of our products or services, you may refuse to agree to the changes, but if you do, you must immediately cease using the Website.

If you have purchased any of our products or services, you may refuse to agree to the changes by notifying us at admin@eattobeatdiabetes.com.au  within 30 days from the date you first became aware of the changes, failing which you will be taken to have agreed to the relevant changes.

12.    Your password and account information

You should never disclose your password and account information to any third party. If you lose control of your password or account information, you may lose control over your personal information and may be liable for actions taken by third parties using your password and/or information. If your password has been compromised for any reason, you should immediately contact us at admin@eattobeatdiabetes.com.au and request a new password.

13.    Your collection of personal information

If you collect personal information which you keep on servers provided by us as part of our service to you (including email), you are solely responsible for compliance with the Privacy Act and other relevant laws in respect of that information. We take no responsibility for your dealings with personal information you collect, and you must indemnify us for any such dealings by you or anyone on your behalf. 

14.    Privacy questions and opt-out

If you have questions, concerns or complaints about ETBD's Privacy Policy or practices, please contact us at admin@eattobeatdiabetes.com.au .

If you wish to unsubscribe or remove yourself from our list of clients that receive direct mail or any form of email marketing, please click the relevant link in any email you receive from us to "unsubscribe" or contact us at admin@eattobeatdiabetes.com.au . Because client lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. We appreciate your patience and understanding in giving us time to carry out your request.

JEL International Health Solutions Pty Ltd ACN 602 430 562 trading as Eat to Beat Diabetes

Last updated on 18th June 2015