The Mindful Dietitian
Privacy Policy
1. ABOUT
(1) Welcome to www.themindfuldietitian.com.au (the ‘Website’). We are a community of dietitians and health professionals engaged in a collective mission to help others live a well-lived life.
(2) The Website is operated by [Insert name of Trustee] for The Louder Business Trust (ABN 82 406 965 804) (‘The Mindful Dietitian’).
(3) These Terms, along with our ‘Privacy Policy’, which form a part of these Terms, govern your use of the Website (‘User’) and the supply of our products and services (‘User Services’).
(4) The Mindful Dietitian values transparency and privacy. We are committed to protecting the personal information that we collect, store and use when you access our Website and User Services (‘Personal Information’).
(5) This Privacy Policy describes how your personal information is managed, collected and used when you visit or use our Website and User Services.
(6) We may update this Privacy Policy from time to time to reflect changes in how we handle Personal Information and to reflect any changes to the privacy laws. Updates to this Privacy Policy will be effective upon posting to the Website.
(7) By using our Website, you consent to the collection, processing, and management of Personal Information as set out in this Privacy Policy.
2. REGISTRATION AND ACCEPTANCE OF TERMS
(1) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you.
(2) You must not accept the Terms if you are not of legal age to form a binding contract with The Mindful Dietitian or you are a person barred from receiving our products and services under the laws of Australia or other countries including the country in which you are resident.
(3) To obtain access to the User Services on our Website, User must sign up for a customer portal account (‘User Account’).
(4) By signing up for a User Account, User will be required to accept the Terms by clicking “I accept” in the User interface as a condition of joining as a User. By clicking the “sign up now” button you agree to our terms and conditions which gives notice to you through our user interface as follows:
By Registering, you agree that you've read and accepted our Website Terms and Conditions and you consent to our Privacy Policy.
3. WHAT PERSONAL INFORMATION IS COLLECTED
(1) “Personal Information” is information about an individual whose identity is apparent or that can reasonably identify an individual from that information (s 6(1) of the Privacy Act).
(2) We receive and store Personal Information you provide to us through your use of our User Services.
(3) We may ask you to provide Personal Information such as your name, payment details, address and email address to enable us to provide you with our User Services, to provide you with subscription information, sales and marketing actions, process your subscription order, provide updates and to meet our contractual obligations.
(4) This Personal Information may include,
(a) name, age, mobile number, address, email address;
(b) payment details;
(c) sensitive health information;
(d) any other information reasonably collected or required for the supply of our User Services;
(5) We may collect additional data from Subscribers at other times, including but not limited to, when you provide feedback, when you provide data in connection with the User Services, change your content or email preference, respond to surveys and promotions, or communicate with our customer support.
(6) The Mindful Dietitian may also collect any other Personal Information you provide while interacting with us through the supply of our User Services.
4. SENSITIVE HEALTH INFORMATION
(1) We may only with your express consent collect health information from you that is considered sensitive. You must be adequately informed before giving this consent, you must give this consent voluntarily, the consent must be current and specific, and you must have the capacity to understand and communicate your consent.
(2) We are required to collect such Personal Information from you as reasonably required to provide you with our User Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address and postcode together with certain health information that is not limited to your age range, height, weight, exercise levels, biochemistry, medical history, medication and supplement use. This information is confidential and will only be used by The Mindful Dietitian for the purposes of the provision of our User Services unless otherwise required by law as set out in our Privacy Policy.
(3) We collect sensitive health information from you to provide you with our Services subject to that information being reasonably necessary for the performance of our activities.
(4) In this Privacy Policy, we also explain to you how we store, protect and keep your sensitive health information confidential and how and when we disclose it to third parties.
(5) Your own your sensitive health information and can decide who accesses it and you have a right to access it by asking us for a copy. You can add or delete information or change who has a right to access your records by changing the information in your User Account.
(6) You can also contact us at any time to request information about the records that we hold about you, to correct any information that we hold about you, to delete any information that we hold about you or to opt out of emails, marketing or any other notifications that you receive from us. If you agree initially, you can contact us and ask not to receive any further marketing material.
(7) The Mindful Dietitian will never release or disclose any of your sensitive health information or confidential information without your express written consent. However, we may share or disclose your sensitive health information when your or someone else’s health or safety are seriously threatened or when the information will reduce or prevent a serious threat to public health or safety. There are also certain exemptions which may apply in law enforcement situations and in a court of law.
(9) We may ask you to verify your identify before acting on any of your requests.
(10) You warrant the Personal Information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with Personal Information that is truthful, accurate, current and complete.
5. HOW WE COLLECT YOUR PERSONAL INFORMATION
(1) The Mindful Dietitian collects Personal Information from you in a variety of ways, including when you interact with us electronically or in person and when you access our User Services.
(2) We collect Personal Information from Users in the following ways:
(a) when they register an enquiry, request an assessment for the purposes of supervision, purchase a course, or associated package, purchase a product, or otherwise in the course of providing our User Services
(b) when we receive enquiries through the Website or when the Website is otherwise accessed or used
(c) when we receive enquiries via email, and
(d) from third party service providers engaged to supply services to us (for example, professional or expert services), who provide information to us or invoice us for the provision of services.
(3) We may also receive Personal Information from third parties in connection with the supply of our User Services. If we do, we will protect your Personal Information in accordance with this Privacy Policy.
6. HOW WE USE YOUR PERSONAL INFORMATION
(1) The Mindful Dietitian uses your Personal Information and you consent to us using your Personal Information to:
(a) supply you with our User Services in accordance with our Terms;
(b) provide you with information and updates about our User Services;
(c) communicate with you by a variety of measures including, but not limited to, by telephone, email, SMS or mail;
(d) manage, research and develop our User Services including through data analytics;
(e) administer our business activities; and
(f) investigate any complaints.
(2) If you choose to withhold your Personal Information, it may not be possible for us to provide you with our User Services or for you to access certain parts of our digital content and for us to respond to your query.
7. LEGAL BASIS IN THE EUROPEAN UNION (EU) FOR THE COLLECTION AND PROCESSING OF YOUR PERSONAL DATA
(1) “Personal Data” refers to any information relating to an identifiable natural person who can be identified directly or indirectly (‘Data Subject’) (Article 4).
(2) The GDPR applies to the data processing activities of businesses with an establishment in the EU or where the processing activities relate to offering goods or User Services to individuals in the EU or monitor the behavior of individuals in the EU.
(3) If you are an individual residing in the EU, we may collect and process Personal Data about you in accordance with the GDPR. A “Controller” says how and why personal data is processed and a “Processor” acts on behalf of the Controller by processing the data.
(4) When you subscribe to our User Services, we process Personal Data on your behalf as a Processor where you are the Controller and otherwise to the extent that we are a Controller as defined in the GDPR.
(5) “Processing” means any operation or set of operations that is performed upon Personal Data or sets of Personal Data whether automated or not including for collection, recording, organisation, structuring, storage, adaption, or alteration, retrieval, consultation, use, disclosure by transmission or for dissemination.
(6) As we are a Processor of Personal Data on your behalf as the Controller, we must provide you with the:
(a) the legal basis for collecting Personal Data;
(b) which items of Personal Data to collect;
(c) the purposes the Personal Data is to be used for;
(d) which individuals to collect Personal Data about;
(e) whether to disclose the Personal Data and to whom;
(f) whether Data Subject access and other rights apply;
(g) how long to retain the Personal Data and whether to make amendments to the Personal Data.
(7) The legal basis for which we collect Personal Data from you depends on the User Services you use and how you use them. The Mindful Dietitian will only collect and use your Personal Data on the following legal bases: under the Terms of our contract to provide you with our User Services, when you give us your express consent to use and process Personal Data for a specific purpose, for the satisfaction of a legitimate interest or to comply with a legal obligation.
(8) We will only otherwise collect your Personal Data with your express consent for a specific purpose and any Personal Data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
(9) As a Processor, we process Personal Data in accordance with your documented instructions and we will not engage another processor without your prior specific and written consent. We will make available to you all information necessary to show our compliance with the GDPR including that we have taken appropriate security measures to protect the Personal Data in accordance with the GDPR. We will delete or return the Personal Data to you at the end of our User Services in accordance with your explicit instructions.
(10) In the event of a Personal Data breach including any breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or process, we will report the breach to you without undue delay after becoming aware of the breach, and not later than 72 hours after the breach giving you a description of the nature of the breach.
(11) Unless otherwise required by contractual obligation or any other legal basis, we only store your Personal Data while it remains necessary, or if the purpose of the processing could not reasonably be fulfilled by other means.
8. THE PERSONAL INFORMATION RIGHTS OF INDIVIDUALS UNDER THE GDPR
(1) If you are an individual residing in the EU, you have certain rights as to how your Personal Information is being controlled and used.
(2) We comply with your rights under the GDPR (subject to the grounds set out in the GDPR) that permit you:
(a) to be informed as to how your Personal Information is being used;
(b) to access your Personal Information and to know specifically what information is held about you and how it is processed, where and for what purpose (we will provide you a copy of your Personal Information in electronic format free of charge if requested);
(c) to rectify your Personal Information if it is inaccurate or incomplete;
(d) to erase your Personal Information (also known as 'the right to be forgotten') if you wish to delete or remove your Personal Information;
(e) to restrict processing of your Personal Information;
(f) to retain and reuse your Personal Information for your own purposes (Personal Information portability);
(g) to object to your Personal Information being used; and
(h) to object against automated decision making and profiling.
(3) You can contact us any time to exercise your rights under the GDPR including as to:
(a) request access to Personal Information that we hold about you;
(b) to correct any Personal Information that we hold about you;
(c) delete Personal Information that we hold about you; or
(d) opt out of emails, marketing, and any other push notifications that you receive from us.
We may ask you to verify your identity before acting on any of your requests.
If you have any questions about The Mindful Dietitian’s collection and storage of data, please contact us as How to Contact Us.
9. DISCLOSURE OF YOUR PERSONAL INFORMATION AND THIRD PARTIES WITH ACCESS TO IT
(1) We will only share your Personal Information where you have given us your consent, and only for the purposes described in this Privacy Policy.
(2) 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 Privacy Policy. Personal data is only supplied to a third party when it is required for the delivery of our User Services.
(3) We may share your Personal Information with third-party service providers to help us provide our User Services, and to provide you with a payment platform. Our third-party service providers may be located outside of Australia or outside of the EU.
(4) When we disclose your data to third-party service providers, we do so on the basis that your data is treated with confidence, and only used for the limited purpose of providing support to our User Services and User Services, and in manner consistent with this Privacy Policy.
(5) 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.
(6) 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 Subscriber databases, together with any Personal Information and non-Personal Information contained in those databases.
10. INTERNATIONAL DATA TRANSFERS
(1) We may store, process and transfer your data, including your Personal Information in countries other than the country you live in. Data transfer may occur in and between countries outside of Australia which may include but are not limited to the United States and Europe.
(2) We only employ third-party data processors that are compliant with the GDPR requirements and that have sufficient security measures in place to protect and safeguard your data.
(3) You may not have the same rights to protect your data in these countries as you do in Australia. Where your data has been transferred to a country abroad, it will be treated in accordance with the purposes described in this Privacy Policy.
(4) For individuals in the European Economic Area (EEA), your data will be stored and processed in Australia which provides an adequate level of data protection. This mean that your personal data will be transferred from the EEA to Australia.
11. SECURITY OF YOUR PERSONAL INFORMATION
(1) We are committed to ensuring that the data you provide to us is secure.
(2) To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, such as encryption of Personal Information, to safeguard and secure data and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
12. ACCESS TO AND HOW YOU CAN CONTROL YOUR PERSONAL INFORMATION
(1) You may request details of Personal Information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth).
(2) If you would like a copy of your data or believe that your data is inaccurate, out of date, incomplete, or irrelevant, please contact us as How to Contact Us.
13. 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
14. THIRD-PARTY TOOLS AND COOKIES
(1) We use technologies and third-party services that use Google Analytics, pixels, tags and web beacons (code snippets) on our User Services to improve user experience, the supply of our User Services and to analyse how our User Services is used.
(2) The information collected is mostly anonymous traffic data aside from the approximate location (IP address) and may include browser type, device information, and language. The information collection is in aggregate form so that it cannot identify any individual user and provides an overview of how people use our User Services. It is not used for any additional purpose.
(3) Cookies are small text files that can be stored on your computer, tablet or mobile device when you visit a website. These small files contain information about browsing activity. Cookies are used to identify you when you come back to a website and store details about your use of the website. In addition, cookies can be used to analyse traffic and may be used to serve relevant ads to website visitors through third party services such as Google AdWords.
(4) We may use persistent and session cookies to track your use of our Website. Persistent cookies are stored as a file on your computer and remain there when you close your web browser. Session cookies are only stored on your computer during your web session and are automatically deleted when you close your browser.
(5) We use cookies to improve user experience. This enables us to understand how you use the site and track any patterns with regards how you are using our Website. Cookies allow us to distinguish you from other users, so that we can recognise you each time you visit. Cookies also allow us to store user preferences and provide you with a positive experience when you browse this Website, including enabling you to personalise Website settings.
(6) You may opt-out from the collection of cookies by editing your browser options, but certain features of our User Services will not function if you disable cookies. To find out how to manage cookies on browsers, visit the specific browser developer’s website. To opt out of being tracked by Google Analytics, visit https://tools.google.com/dlpage/gaoptout
15. LINKS
Our User Services may from time to time have links to other sites not owned or controlled by us. Links to third party sites do not constitute sponsorship or endorsement or approval of these sites. The Mindful Dietitian is not responsible for the privacy practices of other such sites.
16. COMPLAINTS ABOUT PRIVACY
If you have any complaints about our privacy practices, please contact us. We take privacy seriously and will respond promptly to your notice.
17. CHANGES TO THIS PRIVACY POLICY
We may modify this Privacy Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting on our Website.
18. HOW TO CONTACT US
(1) This Website is owned and operated by [Insert] (ABN 82 406 965 804).
(2) Our principal place of business is at 5 Crofton Crt., Eltham, Victoria, Australia, 3095.
(3) User can contact us by email at the following address: themindfuldietitian@gmail.com
© 2021. The Mindful Dietitian. All Rights Reserved.
Privacy Policy last updated 8 December 2021.