Privacy policy

Natural Wellness Technologies Pty. Ltd.
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1. We respect your privacy

1.1. Natural Wellness Technologies Pty. Ltd. respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. "Personal information" is information we hold which is identifiable as being about you.

2. Collection of personal information

2.1. Natural Wellness Technologies Pty. Ltd. will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.

3. How we collect your personal information

3.1. Natural Wellness Technologies Pty. Ltd. collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

4. Use of your personal information

4.1. Natural Wellness Technologies Pty. Ltd. may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2. Natural Wellness Technologies Pty. Ltd. may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

5. Disclosure of your personal information

5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Natural Wellness Technologies Pty. Ltd., www.vively.com.au, its customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
5.5. 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 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. We would seek to only disclose information in good faith and where required by any of the above circumstances.
5.6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

6. Security of your personal information

6.1. Natural Wellness Technologies Pty. Ltd. is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
6.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7. Access to your personal information

7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at support@vively.com.
7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

8. Complaints about privacy

8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to 10/255 Pitt Street, Sydney, New South Wales, 2000. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

9. Changes to Privacy Policy

9.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

10. Website

10.1. When you visit our website

When you come to our website (www.vively.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

10.2. Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

10.3. Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Natural Wellness Technologies Pty. Ltd. is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Privacy Policy

Last updated 28 Sep, 2023

Collection statement

We are committed to respecting your privacy. We are bound by the Privacy Act 1988 (Cth) (“Act”) and the thirteen Australian Privacy Principles (“APPs”).This Privacy Policy sets out how we manage your personal information.

The information you provide will be collected by or on behalf of us and may be disclosed to third parties, including those that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our services to you. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this Collection Notice.

About this Policy

In this Privacy Policy, 'us' 'we' or 'our' means Vively Health Pty Ltd (ACN 654 451 680) and includes our directors, employees, agents and our related bodies corporate.

This policy applies to practitioners, health businesses and consumers alike, and practitioners’ patients are required to get their patients’ consent to their data being stored in Vively and covered by this Privacy Policy and the Terms.

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 our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

Vively's privacy principles

Your health data belongs to you (not us), and you can decide how it is used: We believe you should control your own biological health data, and our goal is to make it easy for you to see, export, and delete your own information. It's also up to you to decide how your data on Vively can be used. If you don't wish to contribute your personal data for any particular purpose (for example, product improvement or metabolic health research purposes), you can opt out of that sharing by sending us an email at contact@vively.com.au. We'll never access or use your information in ways you haven't agreed to.

We respect your right to privacy and will protect your information: We'll work to collect as little information as needed to provide a valuable service, and we will continually look for ways to collect less. We will keep your information secure by prioritising data security in every decision we make, and by ensuring that our security practices stay up-to-date.

We don’t sell your data to advertisers or marketers: Your personal information is only used in accordance with this Privacy Policy.

Where we hold personal information that was collected for a particular (primary) purpose we will generally use or disclose it only for that purpose and not for any other (secondary) purpose unless you have consented, or we are otherwise permitted or required to do so (whether under the APPs, the Act, or another law). The personal information that we collect is mainly used to enable us to operate Vively and deliver our services to you.

1. What personal information do we collect?

name and contact details;
age, date of birth and gender;
details about your current health;
your health data, imported from your device;
your glucose data, via a CGM;
your logs and usage of the app, including meals, activities, habits and notes;
your interactions with Vively support;
shipping information; and
billing and payment details

Your health information is classed as ‘sensitive information’, which generally receives a higher level of protection under the APPs than other types of personal information.

Your health data imported from your device will only occur if you explicitly enable this feature in the app, Vively will import your Activity, Sleep, Nutrition and Heart Rate data from Apple Health, Google Fit or other Wearable devices that integrate with the app. You can disable these integrations from your account settings in-app.

Your CGM collects blood glucose readings which sync to the manufacturer's software platform and is subject to the manufacturer's privacy policy. When you signed up for the Vively program, you requested, and gave Vively permission, to retrieve your CGM data from your CGM account. When you link your CGM account with Vively, we receive glucose data from the manufacturer to display to you in the Vively app. Vively creates insights, zone scores and metabolic scores based off your glucose data and activity, and makes this visible to you in the Vively app.

When using Vively, you'll likely add meal photos, titles, notes, and activities. You can also import sleep data, heart rate data, nutrition and activity data from your device. Access to this information is limited to those with a business need, like support team members, data scientists, product managers, and/or engineers.

When you contact our Support team, we retain the chat or email log as part of our records. If you participate in product feedback sessions, we may record the sessions for future reference. We'll always let you know verbally if a call is being recorded.

2. How do we collect your personal information?

We collect personal information in several ways

We may ask you to complete forms or questionnaires, and provide additional information from time to time (sometimes, verbally; other times, in writing). We may also collect personal information about you from third parties if you have agreed that they can provide us with this information. For example, we may collect information from:

your health insurance provider, if any;
Government funding sources, if any (such as Medicare); and
third party health practitioners (such as your General Practitioner).

3. How do we use and disclose your personal information?

Where we hold personal information that was collected for a particular (primary) purpose we will generally use or disclose it only for that purpose and not for any other (secondary) purpose unless you have consented, or we are otherwise permitted or required to do so (whether under the APPs, the Act, or another law).

Use of personal information

The purposes for which we may use your personal information could include:

to assess whether we can safely provide you with our services;
to personalise in-app insights, education, and resources to improve your experience;
If you request help from our support or engineering teams, we may need to access your account and associated information for troubleshooting;
health research by universities and other third party research institutions. Fields of research will usually be in the field of non-diabetic, wellness-focused glucose management; and/or the research will aim to help improve public health policy and the health care system at large. By contributing your data to research, you help researchers form a detailed understanding of how people are living, how poor health outcomes develop, and how optimal outcomes can be built;
to maintain and administer your client file;
to invoice you for our fees;
to make payment claims to your health insurer (if any) and/or to any Government funding sources (such as Medicare);
to contact you for follow up services and check-up reminders;
to collect unpaid invoices; and
to send information to you about our services.

Disclosure of personal information

The purposes for which we may disclose your personal information could include:

the same purposes for which we may use your personal information;
making payment claims, and complying with audit and other legal obligations to the funder(s) (whether a health insurer, Government or both);
seeking services or a second opinion from, or making a referral to, third party healthcare providers;
debt collection, through a debt collection provider, if you do not pay our invoices;
to respond in an emergency situation; and
to comply with a written request from you.

We will also disclose your personal information if properly directed to do so by an appropriate government, regulatory or statutory body (including a court or tribunal).

4. How do we make sure that your personal information is accurate?

We take reasonable steps to ensure that the personal information we hold about you is accurate, up-to-date and complete. These steps include amending our records when you let us know that any of your information has changed, and reminding you to let us know when there is a change.

5. How do we protect and store your personal information?

We provide ongoing training to our staff about the matters contained in this Privacy Policy.

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

6. Accessing your personal information

You have the right to access the personal information that we hold about you. You can contact us by email and request access to your personal information. Our contact details are contact@vively.com.au. We will always try to meet your request within a reasonable time.

In some circumstances, your request for access may be denied. These circumstances include:

if we no longer hold any personal information about you;
if your request is frivolous or vexatious;
if the information requested relates to existing or anticipated legal proceedings and would not normally be disclosed as part of those proceedings;
if providing access would be unlawful; and
if denying access is required or allowed by law.

If we deny you access to the information you have requested, we will give you written reasons when we respond to your request.

We may also need to verify your identity when you request your personal information.

We may charge you a reasonable fee for access to some types of information, limited to an amount to recoup our costs. Charges may include document retrieval, photocopying, X-ray and model costs, and delivery costs.

7. Correcting your personal information

To enable us to provide you with the best service, it is important that the information we hold about you is accurate, up-to-date and complete. You will need to provide us with any changes to your personal information (including change of address, name, telephone number and other health providers) to enable us to update your records.

8. Overseas (cross border) disclosure

Some of our service providers from time to time may be located overseas and/or they may store information outside of Australia. For example data storage providers or web hosts may use servers, systems and cloud computing facilities outside of Australia;

If we send your information outside of Australia, we will require that the recipient of the information complies with local privacy laws and contractual obligations to maintain the security of the data.

9. Information of another individual

Through your use of our services or website, we may also collect information from you about someone else (ie. if you are a Practitioner or Health Business). If you provide us with personal information about someone else (ie your Clients), you must ensure that you are authorised to disclose that information to us and that, without us taking any further steps required by applicable data protection or privacy laws, we may collect, use and disclose such information for the purposes described in this Privacy Policy. This means that you must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Privacy Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, our identity, and how to contact us. Where requested to do so by us, you must also assist us with any requests by the individual to access or update the personal information you have collected from them and entered into our website, app and/or the Services.

10. Using our website and cookies

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.

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 websites may not work as intended for you if you do so.

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.

You are responsible for transfer of your data to third-party applications.

Our services may allow you, or others within the relevant subscription to our services to transfer Data, including your personal information, electronically to and from third-party applications and services. We have no control over, and take no responsibility for, the privacy practices or content of these applications or for their data storage processes. You are responsible for checking the privacy policy of any such applications so that you can be informed of how they will handle personal information.

11. 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.

12. Further information and resolving your concerns

You can contact us at contact@vively.com.au if you have any questions, concerns or a complaint about this Privacy Policy or the way in which we manage your personal information. We will always try to respond to you and take any appropriate remedial action within a reasonable 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.

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Questions? Contact us contact@vively.com.au

Vively Health Pty Ltd
ABN: 54 654 451 680

Suite 206, 6/50 Miller Street, North Sydney, NSW 2060 Australia

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