PRIVACY POLICY

 

The Health Merchants complies with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Health Records and Information Privacy Act 2002 (NSW) (“HRIP Act”) and the applicable Health Privacy Principles in the HRIP Act when handling personal information which is health information, together with the General Data Protection Regulation (GDPR) to the extent it applies.

We take the protection of your personal information seriously. Personal information includes personal data (as defined in the GDPR) and means any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established or any information relating to an identified or identifiable natural person (“Personal Information”).

 

Personal information we collect

The Health Merchants collect personal Information for the purposes of delivering our products and services. We may collect information through The Health Merchants 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 Personal Information:

  • From our customers – when they 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 we receive enquiries through the Website or when the Website is otherwise accessed or used;
  • When we receive enquiries via email; 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.

Some Personal Information we collect may include health information. Health information includes any information collected about your health or disability, and any information collected in relation to a health service you have received (“Health Information”). We collect Health Information from customers 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 and assess the needs of our customer in the provision of our Services and to generally assist in optimising the quality of our service.

 

Use:

We may use any Personal Information collected (excluding Health Information) to provide our Services, operate the Website, send you our newsletter, respond to feedback and complaints, communicate with third party service providers, develop new Services, or if needed to enforce our Terms and Conditions 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.

In all cases, unless you have opted out, you consent to us using your Personal Information (excluding 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.

 

Health Info

We collect health information:

  • From our customers 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, but only 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@thehealthmerchants.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

You expressly agree that we may disclose Personal Information (excluding Health Information) to third parties for purposes associated with your purchase of our Services and to third party service providers we engage to help us deliver our Services and for our own marketing purposes. We will only disclose Personal Information to additional third parties with your consent or if permitted or authorised to do so by law. 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 use data processers who provide sufficient guarantees and that they will implement appropriate technical and organisational measures that ensure compliance with the GDPR and protect the rights of the data subject, and only to third parties who agree to comply with this Privacy Policy.

 

Cookies

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 the computer has visited the Website before.

You can modify your browser 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 identify you. This enables us to operate an efficient service and to track the patterns of behaviour of visitors to our Website.

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.

 

Changes to this privacy policy

This Privacy Policy forms part of our Terms and Conditions and therefore the agreement between you and us (either in your capacity as a client or a third-party service provider). 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 Health Merchants 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:

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@thehealthmerchants.com