2. CHANGES TO THIS POLICY
We may need to update this Policy from time to time to take account of new laws, new technology or changes to our practices. The most current version of this Policy will be uploaded to our Active & Thriving web application and our website at https://activeandthriving.com.au/. You can also obtain a copy of this Policy by contacting us using the details provided below. Changes to this Policy will take effect as soon as they are published. We recommend that you regularly check the Active & Thriving digital platform to ensure that you have read our most recent Policy.
APPs means the Australian Privacy Principles under the Privacy Act;
Information is used in this Policy to describe Personal Information and Sensitive Information collectively;
Personal Information as defined in the Privacy Act 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; and includes:
2. Age; and
Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time;
Active & Thriving, we, us and our refers to the website https://activeandthriving.com.au/ and the digital behaviour change program known as Active & Thriving. Active & Thriving is delivered by My Life Health Services Pty Ltd ABN: 91 601 439 301 (MLHS);
Sensitive Information as defined in the Privacy Act includes information or an opinion about an individual’s race, political opinions, religious or philosophical beliefs, membership of a professional or trade association or trade union, sexual orientation, criminal record or health information including:
1. Known medical conditions; and
2. Exercise limitations;
4. INFORMATION WE COLLECT
We offer Active & Thriving as a digital platform and mobile device application. We may also offer other products and services from time to time. We will collect Personal Information as is reasonably necessary for one or more of our functions and activities. We will generally only collect Personal Information that is voluntarily submitted by you. We may occasionally collect Personal Information from third parties and publicly available sources. We will only collect Personal Information by lawful and fair means. If you do not provide us with Information we reasonably request, we may not be able to provide you with all, or any, of the services offered by Active & Thriving. The types of Personal Information we collect and hold may vary, but it will generally include the following:
1. identification information about you, such as your first name, surname and profile picture;
2. contact information, such as telephone numbers and e-mail addresses;
username and passwords;
3. sociodemographic data including your age, gender, race, education level, postcode, marital status, living situation, language(s) spoken, employment status, occupation, smoking habits, medical history and physical metrics such as waist size, height and weight;
4. information about your relationship to other team players;
5. any applicable reasons for your exclusion from the Active & Thriving program, such as injuries, medical conditions or medical advice;
6. data about your level, type, time and frequency of physical activity, and rate of perceived exertion, both during and prior to your participation in the Active & Thriving program;
7. information about your overall participation in the Active & Thriving program, including trophies, challenges, points, videos watched, quizzes completed and articles opened;
9. information about your usage of the Active & Thriving platform, including the volume and frequency of logins, and time spent during each login;
10. content in messages you send and receive using Active & Thriving, including sender and recipient details, as well as data about the volume and frequency of such messages;
11. content you make or receive on the Active & Thriving activity feed, including comments, photos and kudos, as well as data about your volume and frequency of use of the Active & Thriving activity feed;
12. information about how you access and use our website https://activeandthriving.com.au/ such as date and time, content viewed or searched for, and information about other websites you have visited;
14. your comments and feedback on the Active & Thriving program.
5. HOW WE COLLECT INFORMATION
5.1. Information you provide
5.1.1. We collect information that you provide:
when installing Active & Thriving on your personal device(s);
when registering for Active & Thriving;
through your usage of Active & Thriving;
through email surveys;
through enquiries you lodge with us; and
when corresponding with us.
5.1.2. Occasionally, we may collect technical information automatically when you use our website or the Active & Thriving platform that is not personally identifiable, for example device and network information.
5.2. Sensitive Information
We will not collect Sensitive Information about you unless:
5.2.1. we obtain your explicit consent to collect and use such Sensitive Information, either explicitly or by your acceptance of our Terms and Conditions (https://activeandthriving.com.au/); or
5.2.2. the Sensitive Information is reasonably necessary for one or more of our functions or activities; or
5.2.3. the collection of the Sensitive Information is required or authorised by or under Australian law or a court/tribunal order; or
5.2.4. a permitted situation exists in relation to the collection of the Sensitive Information by us.
5.3. Information from third parties
5.3.1. We also collect Information provided by third parties when it is necessary for a specific purpose. We will only collect Information in this way where you have given your consent or where you may reasonably expect your Information to be collected in this way.
5.3.2. If it is unclear to us whether you have consented to the collection of Information from a third party, we will take reasonable steps to inform you of the purpose of the collection.
5.3.3. If we collect Information from a third party we will take reasonable steps to inform you of the circumstances of the collection.
5.3.4. If we receive personal information about you from other Active & Thriving users we may add this to the Information we hold about you.
5.3.5. Where we receive unsolicited Information about you from third parties, we will check whether that Information is reasonably necessary for our functions. If it is, we will handle this Information in the same manner as all other Information we collect about you. If it is not, we will destroy or de-identify it if it is lawful and reasonable to do so.
5.3.6. We will also collect Information about you if we are required to do so under Australian law. If we collect Information in this way, we will inform you of the circumstances of the collection including the law requiring the collection.
5.3.7. We may also collect Information about you from publicly available sources such as newspapers, directories, the internet and social media sites.
5.4. Use of the Internet
6. HOW WE USE AND DISCLOSE INFORMATION
6.1. Personal Information
The purpose of Active & Thriving is to provide a unique corporate health and wellbeing program that supports workplaces, teams and individuals to live healthy and fulfilling lives. We may use and disclose Information for the primary purpose for which it is collected, for reasonable secondary purposes which are related to the primary purpose, and in other circumstances authorised by the Privacy Act. In general, we use and disclose your Information to:
- provide our services to you;
- help us manage and improve the quality of our services;
- collect, collate, analyse and provide data for program evaluation and research purposes;
- identify usage trends and analyse the effectiveness of our recruitment campaigns; and
- market our services or the services of third parties;
- respond to applications, requests, enquiries or complaints;
- comply with our legal obligations;
- invite you to participate in secondary surveys;
- contact and communicate with you;
- prevent and detect security threats, fraud or other malicious activity and to contact you in the event of a security breach.
We may contact you to obtain your consent to use or disclose personal information for any specific purposes not mentioned in this Policy.
6.2. Necessary Disclosure
We may disclose your Information to third parties if:
6.2.1. we are required to do so under Australian law, or by a court or tribunal order; or
6.2.2. there is an immediate or imminent risk of serious harm to you, a third party and/or the general public.
7. DIRECT MARKETING
We may occasionally use Information to send you news or information about services we believe may be of interest to you. If you do not wish to receive direct marketing material from us, you can opt-out at any time by contacting us using the details below. We do not and will not sell or make available personal information about you to third parties other than as described in this Policy or our Terms and Conditions.
8. SECURITY MEASURES
We take reasonable steps to protect your Information from unauthorised access, theft, modification and disclosure. The protective steps we take include:
8.1.1. security and confidentiality requirements of our employees, contractors and external parties;
8.1.2. restricting access to Information to users who have a need to use the Information;
8.1.3. deletion, destruction or de-identification of Information where it is no longer relevant to us.
We have taken all reasonable steps to keep your Information secure including compliance with the Notifiable Data Breaches requirements under the Privacy Act.
9. AGE RESTRICTION
9.1. Where individuals under the age of 18 seek to register for the Active & Thriving program we will decline their registration. Any services available via our website will not be provided to anyone under 18 years of age.
9.2. If we discover we have inadvertently collected Information from a person under 18 years of age, the Information will be deleted immediately. If we are required to do so by law, we will pass details of the collection of Information to the relevant authorities.
10. ACCESSING YOUR INFORMATION
You have the right to ask for access to Information that we hold about you by contacting us using the details below. We may charge a fee to cover our reasonable costs in meeting an access request. If we refuse to grant you access to your Information, we will notify you in writing within a reasonable period setting out the reasons your request was refused, and will refer you to our complaints procedure below.
11. CORRECTING YOUR INFORMATION
We aim to ensure that the Information we hold is accurate, up-to-date, complete and relevant. You may request that we correct your Information by contacting us using the details below. If we are satisfied that the Information is inaccurate, out-of-date, incomplete or irrelevant we will take steps to correct it within a reasonable period after your request is made, if it is reasonable and practicable to do so. We will notify you when the correction has been made. We will not charge a fee for correcting your Information. If we determine that correction is not required, we will notify you in writing setting out our reasons for refusing your request, and will refer you to our complaints procedure below.
Any complaint with regard to this Policy should first be made in writing. We will take reasonable steps to address your complaint within 30 days. If you are not satisfied with our response, you may then address your complaint to the Office of the Australian Information Commissioner.
13. HOW TO CONTACT US
If you have any queries or complaints about this Policy, please contact us by email on firstname.lastname@example.org or by post to 101/577 Glenferrie Road Hawthorn, 3122. Further information about privacy can be found on the Office of the Australian Information Commissioner’s website at https://www.oaic.gov.au. Last updated on 23 December 2019.