Privacy Policy
JSHealth Vitamins Pty Ltd ABN 71 622 296 360 of 31-33 Knox Street, Double Bay 2028 NSW (“JSHealth Vitamins” “us”, “we”, “our”) takes the protection of our customers'/ clients' and third party service providers' ("you" or "your" or "they") "Personal Information" seriously. We comply with the Privacy 1988 (Cth) ("Privacy Act"), the Australian Privacy Principles, this Privacy Policy, and privacy laws of the states and territories of Australia (to the extent they are applicable) with respect to the collection, use, disclosure and handling of Personal Information. We adopt the definition of "Personal Information" in the Privacy Act.
Collection:
We collect Personal Information (which includes your Health Information) for the purposes of delivering our products to you (“Products”) and/or services, including but not limited to our subscription services and digital wellness services (including our Nourish Hub services) ("Services"). We also collect your Personal Information through the JSHealth Vitamins website located at https://jshealthvitamins.com/ (“Website”) or in the course of the sale and distribution of our Products in person, verbally and/or in writing from time-to-time.
We collect and hold Personal Information:
- from you, our customers / clients – when you register on our Website, request an assessment for the purposes of dietary advice, purchase a nutritional plan or nutritional Products, or otherwise in the course of providing our Products or Services at any other time from time-to-time;
- when you participate in our consumer promotions and market research, including when you provide us with personal information via on-pack promotional stickers, claim and entry forms, coupons, survey forms, questionnaires and through our Website;
- when we receive enquiries through the Website or when the Website is otherwise accessed or used;
- when we receive enquiries via email;
- through the use of cookies and tracking technologies on our site, such as tracking pixels; and
- from third party service providers – when they are engaged to supply services to us (such as professional services), provide information to us or invoice us for the provision of services.
The kinds of Personal Information we may collect will depend on who you are (e.g. a client or third party service provider) and the nature of your interaction with us, and may also include your Health Information. We may ask for your full name, email address, postal or residential address, age, weight, gender, any medical conditions or allergies/intolerances, nutritional supplement use, billing information and other Personal Information. We may also collect website browsing data when you use the Website. If you do not provide us with all the information we request, we may not be able to ship our Products, provide our Services, or otherwise carry out your requests.
We only collect Sensitive Information and Health Information with your consent, or if the collection is otherwise permitted by law. "Sensitive Information" and "Health Information" have the same meaning as in the Privacy Act, and "Health Information" includes any information collected about your health (including illness, disability or injury), any information collected in relation to a health service you receive, information about your medical history or current and previous medication use. We collect Health Information from you for the purposes of providing purchased dietary advice or meal plans and/or keeping a record of the Products and/or Services you have purchased from us. This enables us to safely, appropriately and accurately provide our Services to you and assess your needs in the provision of our Services, and to generally assist in optimising the quality of our Service.
Use:
We may use your Personal Information (excluding Sensitive Information and Health Information, except where we have obtained your consent to such use, or the use is permitted under an applicable law):
- to provide our Services;
- to operate the Website;
- to respond to feedback and complaints;
- to communicate with third party service providers;
- to develop new Services;
- to undertake research and surveys and analyse statistical information;
- for the purposes of providing you with incentives, prizes, samples and other promotional products, and other promotional products, information and services;
- for promotional, marketing, market research, product development and publicity purposes;
- to fulfil our legal, regulatory and compliance obligations; or
- if needed, to enforce our Terms and Conditions and agreements with you.
If you are a third-party service provider, we will use your Personal Information to email you to accept your offer to provide Services, correspond with you in relation to the provision of Services and to pay your invoices.
We may use your Personal Information (excluding Sensitive Information and Health Information) for direct marketing purposes by us alone in order to tell you about our Services. We may contact you by mail, telephone, email or SMS to market our Products and Services. We will always give you the opportunity to opt out of receiving any future direct marketing correspondence.
Where required by law, we will obtain your consent prior to using your Personal Information for direct marketing purposes. We will not use your Sensitive Information or Health Information for the direct marketing purposes without your consent.
Health Information
We collect your Health Information:
- from our customers/ clients when they request an assessment for the purposes of dietary advice, and/or purchase a meal plan or associated package;
- as necessary for the provision of our Services, or as otherwise in accordance with your consent, or as may be required by law including Court order;
- only from you (or from someone authorised by you) (including your caregiver if you have one) with care, taking reasonable steps to ensure your information remains confidential and that any persons we disclose it to in accordance with this Privacy Policy are also required to keep it confidential;
- with accuracy, on the basis that you may at any time request a copy of the Health Information that we hold by emailing us at support@jshealthvitamins.com. In the event our records are found to be inaccurate, we will rectify any inaccuracies on the basis of the further information you provide.
Disclosure and sharing:
Your personal information is never shared, sold, rented or otherwise disclosed outside of JSHealth Vitamins (except as required for any statutory or legal requirements) in ways different from what is described in this Privacy Policy, unless you have consented to such use or disclosure or such use or disclosure is otherwise authorised by applicable privacy laws.
We may disclose Personal Information (excluding Sensitive Information and/or Health Information, which will only be disclosed with your consent) to:
- third parties for purposes associated with your purchase of our Products and/ or Services, such as fulfilment houses and distributors; and
- our third party service providers we engage to help us deliver our Products and/or Services, and for our own marketing purposes.
We would not otherwise routinely disclose personal information to another party unless:
- required by law;
- we believe it is necessary to provide you with a product or service which you have requested;
- it is necessary to protect the rights, property or personal safety of any of our consumers, any member of the public or out interests;
- the assets and operations of our business are transferred to another party as a going concern; or
- you have provided your consent.
We may disclose your Personal Information to third parties located in other jurisdictions, including in the EU, United States, Israel, United Kingdom, Mauritius and Singapore. Some places outside of Australia may have inadequate data protection laws or may offer differing levels of protection of Personal Information which are not as high as in Australia. We agree only to disclose your Personal Information to third parties who provide sufficient guarantees and that they will implement appropriate technical and organisational measures that ensure compliance with the Privacy Act, any other applicable privacy law, and this Privacy Policy.
Data security, protection and quality:
We will take reasonable steps to protect the Personal Information we collect and hold from misuse, loss and interference and from unauthorised access and modification, and to make sure it is accurate, complete and up-to-date when we collect, use or disclose it.
We have procedures of monitoring the security and safety of data as well as procedures in place for dealing with any data breaches, and the associated requirements of notifying you and appropriate authorities where that data security of your Personal Information is breached. To assist us, please ensure you provide us with your correct details, and let us know if you believe the information we have about you is inaccurate, incomplete, out of date or misleading (and we will take reasonable steps to correct the information). We may take steps to destroy or permanently de-identify
information when it is no longer needed for any purpose for which it may be used or disclosed. We may retain and use de-identified information.
Cookies and tracking technologies:
We may use “cookies”; technology to store data on your computer using the functionality of your browser. Many Websites do this because cookies allow the Website publisher to do useful things like find out whether a device has visited the Website before, to remember user settings and preferences on the Website, to track usage of the Website, and to help deliver content and customise user experiences with the Website.
You can modify your browser settings to prevent cookie use – but if you do this our service (and our Website) may not work properly. The information stored in the cookie is used to recognise you and your device. This enables us to track and understand the behaviour of visitors to our Website, and to operate an efficient service. Generally, the information we collect from cookies will not personally identify you.
In the course of serving advertisements to our Website (if any), third-party advertisers or ad servers may place or recognise a unique cookie on your browser. The use of cookies by such third-party advertisers or ad servers is not subject to this Privacy Policy, but is subject to their own respective privacy policies.
In addition, we also use technologies on our Website to track and analyse your use of the Website, including tracking pixels provided by third parties, such as Meta Pixel. These tracking pixels collect information about your activity on the Website, such as pages visited, actions taken, time and date, device type and browser information, IP address, items interacted with, transaction information, and search actions.
We use Meta Pixel to analyse your use of the Website, to measure the success of our advertising on Meta social media platforms, and to deliver advertisements that are relevant to you on Meta platforms. You can manage your ad preferences and opt out of personalised advertising on Meta platforms here. To find out more about how your information is used by Meta, please see Meta's Privacy Policy.
Access, correction and complaints:
You can request, and we will provide you with access to, and a copy of any Personal Information we hold about you (including any Sensitive Information and Health Information) (subject to any applicable legal exceptions).
Please also let us know if you have any concerns or complaints about the way we are handling your Personal Information so we can address them. Requests should be submitted by email to support@jshealthvitamins.com. For requests to access and correct information, where our records are found to be inaccurate, or if you wish to modify the Personal Information we hold about you, we will promptly make these changes on the basis of the further information you provide.
We will investigate your request or complaint and use reasonable endeavours to respond to you in writing within 30 days of receiving the request or complaint. If we fail to respond to your complaint or if you are dissatisfied with the response that you receive from use, you may make a complaint to the Office of the Australian Information Commissioner (or another applicable privacy regulator, depending on the jurisdiction you are located in).
Transfer in certain circumstances:
If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of us then, in our sole discretion, we may transfer, sell or assign Personal Information collected to one or more relevant third parties, subject always to this Privacy Policy.
Changes to this Privacy Policy:
We may, from time to time, amend this Privacy Policy, in whole or part, in our sole discretion. Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy on the Website. Depending on the nature of the change, we may announce the change on the Website homepage or by email (if we have your email address). However, in any event, by continuing to use the Website and/or our service following any changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as amended from time to time, in whole or part, you must terminate your use of the Website and inform us immediately prior to any further receipt of our Services.
Contact us:
If you have any questions about this Privacy Policy, or if you wish to request access to your Personal Information, correct or update you details or raise any privacy concerns you may have, please contact us at support@jshealthvitamins.com
For further information on your privacy rights under the Privacy Act, go to: www.privacy.gov.au.