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Privacy Policy

THE DOCTOR'S PRIVACY POLICY

1. INTRODUCTION

1.1 The Food Dr Pty Ltd ABN 26 605 379 388 trading as The Doctor’s Kitchen Australia (The Doctor’s Kitchen Australia, we, our, or us) respects your privacy, and is committed to complying with its obligations contained in the Privacy Act 1988 (Cth) (Act). This Privacy Policy details how The Doctor’s Kitchen Australia meets its privacy obligations.

1.2. This Privacy Policy complies with the Act and the Australian Privacy Principles (APPs), and details how we collect use, store and disclose your Personal Information (as defined below) including your Health Information that you provide to The Doctor's Kitchen Australia during your online and offline interactions and dealings with us including:

(a) the kinds of personal and health information we collect and hold;

(b) how we collect and hold your personal information;

(d) how you can access and correct your personal information we hold;

(e) how you can complain about a breach of the APPs and how we will deal with such a complaint.

1.3 ‘Personal Information’ is defined under the Act as information, or an opinion, whether true or not, and whether recorded in a material form or note, about an identified individual or an individual who is reasonably identifiable (Personal Information).

1. 4 'Personal Information' also includes sensitive information, which is also defined under the Act and includes health information, and information or an opinion about an individual’s racial or ethnic origin, political opinions and memberships, religious beliefs or affiliations, sexual orientation or practices, or criminal record (Sensitive Information).

1.5 'Health Information' is defined under the Act to include information or an opinion about the health of an individual, including information relating to future or actual provision of health services (Health Information).

1.6 Personal Information which is Sensitive Information attracts a higher privacy standard under the Act and applicable State and Territory legislation and is subject to additional mechanisms for your protection.

1.7 We may amend this Privacy Policy from time to time. The latest version of our Privacy Policy will always be available on The Doctor's Kitchen Australia's website. Please refer back to our online Privacy Policy on a regular basis to ensure you are up to date. By providing us with the information, through your interactions and dealings with us both online and offline, you agree to the terms of this Privacy Policy as updated.

1.8 If you do not agree to provide us with some or all of your Personal Information, or you do not consent to the terms of this Privacy Policy, we may not be able to provide you with our products or services, or engage with you as part of our business and operations.

1.9 This Privacy Policy does not create or confer upon any individual any rights, or impose upon The Doctor's Kitchen Australia's rights or obligations outside of, or in addition to, those imposed by the Act.

2. Personal Information that The Doctor's Kitchen Australia

2.1 The kinds of Personal Information that we collect about you depends on the circumstances of our interaction with you.

2.2 For our customers, prospective customers and the general public, we may collect the following categories of Personal Information from or about you:

(a) full Name;

(b) date of Birth or Age;
(c) street Address;
(d) email address;
(e) contact telephone number(s);
(f) delivery instructions;
(g) payment details such as credit card information;

(h) gender;

(i) your meal plan or weight loss goals, how much weight you want to lose, your exercise regime, your sentiments and achievements regarding your weight loss,

(j) Health Information including your height, weight, body mass index, body fat percentage, visceral fat rating, muscle mass percentage, bone mass (kgs), metabolic age, body water percentage, basal metabolic rate (calories per day at rest) and other specific bio-metric data that can be derived from body composition scales, any diagnosed chronic diseases (i.e. Type 2 diabetes, cardiovascular disease) or conditions that you tell us about, blood pressure results or pathology results, medical procedures, your medical history and any medications you may be on, and your current medical health, medical appointments, your progress of your weight loss and any improvements to your health or chronic condition or disease or we collect if it is relevant to our provision of goods and services to you;

(h) names of your nominated private health insurer and your member number;

(k) any information you provide by completing in forms on our website or app(s) including the Doctor's Health & Weight Tracker App;

(l) details of transactions you carry out with us, including through our website, and of the fulfilment of your orders;

(m) any enquiries, feedback or customer survey responses relating to your use of The Doctor's Kitchen Australia products or services;

(n) information you provide through your use of our website or app(s), such as your IP address and other common web log information, device ID, device type, geolocation information, traffic referrer information and statistics, and any other information contained in cookies; and

(o) any other Personal Information or Health Information that may be required in order to facilitate your dealings with us.

2.3 For business services providers or suppliers, in the context of our business relationship with you, we may collect your name, business name, ABN, ACN, contact details such as physical address(es), email address(es) and telephone number(s), signature, and bank account details for payment purposes

2.4 The only health information collected and recorded by us is information for which you have provided your prior consent (for example, agreeing to these terms and conditions by downloading the APP, or agreeing for your Doctor to provide us with your information in order to provide you with our products and services and to personalise our products and services to you).

3. How your Personal Information is collected

3.1 We will usually collect Personal Information directly from you in a variety of different ways, both in an online and offline context, and only to the extent necessary to provide you with our products or services and carry out our operations. Sometimes we may need to collect information about you from a third party; however, we will only do this where it is not reasonable or practical for us to collect this information directly from you.

Further details about how we collect Personal Information which includes Health Information are provided below.

3.2 The Doctor’s Kitchen Australia may collect Personal Information from you when you:

(a) interact with our websites, download and use the Doctor's Health & Weight Tracker App, services, content and advertising;

(b) have contact with us in person, or over the phone in connection with any of our products and services;

(d) share your success story or results with us in person or through using the Doctor's Health & Weight Tracker App;

(e) submit a form on our website or through the Doctor's Health & Weight Tracker App;

(f) your doctor, but only with your prior consent;

(g) your nurse or allied health professional (i.e. dietician, psychologist), by only with your prior consent;

(h) undertake a self-assessment health questionnaire created by us;

(i) provide feedback or respond to surveys;

(j) enrol in the one of the products or services that we offer (i.e. Doctor’s prescribed weight loss meal program or Doctor's Health & Wellbeing program) co-ordinated by The Doctor’s Kitchen Australia);

(k) utilise our business service providers, contractors or partners, (i.e. Lite n Easy or health insurance providers), allied health professionals or medical practitioners to obtain access to our products and services;

(l) are referred to us by a private health insurer, but only with your prior consent.

3.3. If we receive Personal Information about you that we have not requested, and we would not be able to collect this information under the APPs if we had requested it, then we will destroy or de-identify the information where lawful and reasonable to do so.

3.4 Personal Information that we collect is held in different formats, including physical paper copy and electronic records, and may be stored on secure servers located in Australia or outside of Australia.

4. Purposes for which we use and disclose your Personal Information

4.1 We only use or disclose your Personal Information for the purpose that it was collected (Primary Purpose), unless:

(a) you have expressly or impliedly consented to the use or disclosure of the information, including under this Privacy Policy;

(b) the secondary use or disclosure (Secondary Purpose) is related (or for Sensitive Information, directly related) to the Primary Purpose; or

4.2 Primary Purposes for which we may use or disclose your Personal Information including Health Information include:

(a) to facilitate your access to our website, services, products, app(s) especially the Doctor's Health & Weight Tracker App;

(b) to deliver our products and services to you, as well as troubleshooting and making improvements to our service including recognising your achievements / progress to your health (i.e providing you with a Medical Award of Health);

(d) to help keep you motivated to stay on track with your weight and health goals;

(e) to customise our service for you, based on the goal or objective you provide;

(f) to measure and analyse the performance of our website, app(s), and other services such as advertising and marketing;

(g) send you marketing and promotional messages, which you may opt out of at any time;

(h) to facilitate surveys, contests, rewards, or other promotional activities or events sponsored or managed by us;

(i) conduct evaluations of our products, material, programs and services;

(j) assist us in conducting or participating in pilot programs;

(k) promote educational activities;

(l) assist us to perform our corporate and contractual obligations;

(m) help us understand the health of our members individually and collectively on a de-identified basis;

(n) share your health information on a de-identified basis with partnering organisations;

(o) notify you about new products, promotions, and relevant information which we think you will find valuable. You have the option not to receive these types of communications;

(p) to understand, on a de-identified basis, the efficacy of the programs that we offer based on the information that you have entered into the Doctor's Weight & Health Tracker App and your success in improving your individual biometrics and health in connection with the products and services that we offer;

(q) to undertake research (i.e. market research or health and weight-loss services and products research, the results of which may be published but without your Personal Information (except with your prior consent));

(r) to investigate your feedback or complaint regarding our products and services.

4.3 For business services providers or suppliers, the Primary Purposes for which we may use or disclose your Personal Information also include:

(a) to administer and manage your engagement with the Company as our business service provider or supplier;

(b) to facilitate and monitor your performance as our business service provider or supplier, including your compliance in relation to our company policies and contractual obligations; and

5. Disclosure to third parties

5.1 We may disclose relevant Personal Information including Health Information to trusted third party partners when necessary to enable us to provide our services to you and carry out our operations. For example, your Personal Information will be shared with our contracted meal provider in order to provide you and deliver to you the meals you require as part of our program and services. We may also disclose your Personal Information to a third party who holds other information about you, who may then combine that information in order to develop aggregated and anonymised insights on our behalf. This allows us to better personalise your experience and improve the products and services that you receive.

5.2 We do not share your Personal Information with third parties, unless the disclosure is:

(a) for a Primary Purpose or Secondary Purpose, or otherwise required or permitted by law;

(b) pursuant to your specific request and/or permission;

(c) to affiliated companies, related bodies corporate or related entities (as defined under the Corporations Act 2001 (Cth)), and/or potential or actual investors or purchasers, of The Doctor's Kitchen Australia or its business or assets or part thereof (in any form of business transaction, including initial public offering, share purchase, merger, or asset or trade sale) pursuant to an agreement which contains reasonable confidentiality arrangements;

(d) with business services providers or suppliers who work with us pursuant to an agreement which contains reasonable confidentiality arrangements;

(e) in compliance or accordance with any applicable law and/or court orders and/or in order to prevent suspected illegal acts, frauds, situations involving potential threats to the safety of any person, or as otherwise required by law. This includes responding to lawful requests by public authorities, including to meet national security or law enforcement requirements;

(f) for the purposes of assisting The Doctor's Kitchen Australia to defend against claims, in investigations (including regulatory investigations) and/or to establish or exercise any legal right that we may have;

(g) to our insurer(s) in relation to any insurance policy or claim that we may have; or

(h) for the purposes of assisting The Doctor's Kitchen Australia to prevent violations of this Privacy Policy or otherwise protect the rights, property, or safety of The Doctor's Kitchen Australia prospective, current and former employees, independent contractors (or their employees), business service providers and suppliers, and other persons, including exchanging information with third parties for fraud protection and credit risk reduction.

Why does The Doctor’s Kitchen Australia collect health information?

The Doctor’s Kitchen Australia will only collect health information that is necessary to provide its services to you to improve your health, wellbeing, help you reach your goals, acknowledge your progress, respond to your enquiry, complaint or requests, provide self-assessment reports and to adequately co-ordinate and manage the provision of out products, tools and services that are personalised to you (with ongoing supervision from your own healthcare professional) in specific programs that you may be enrolled in. We will also collect, analyse and report on the effectiveness and acceptability of the services, programs and success of patients at a group level per biometrics (e.g. females and % of improvement of body fat) provided in connection with your enrolment in a program or service offered by The Doctor’s Kitchen Australia and the information you provide through the Health & Weight Tracker APP, to undertake research related to our objectives, mission and goals or generate data, studies, reports to understand the effectiveness of the programs and outcomes, or feedback material provided to other health professionals or professional bodies such as Australian health insurers. This aggregated de-identified data may also be used in our evaluation studies and reports.

Only de-identified aggregate data will be used in reports; no individuals will be identifiable.

Who is collecting the health information?

Health information will be collected by The Doctor’s Kitchen Australia via an online database (data is entered directly by the individual concerned in the Health & Weight Tracker APP with the individual user's consent). The Doctor’s Kitchen Australia employees who have access to your health information must sign and abide by the Privacy and Confidentiality Agreement and so too must partnering organisations. The operational functioning of the online database is managed by a company that subcontracts to The Doctor’s Kitchen Australia however they have no access to, nor visibility of, your health information.

Who has access to collected health information?

Only The Doctor’s Kitchen Australia including those responsible for delivering or reporting on weight loss / chronic disease programs will have access to your health information. No identifiable health information will be provided (loaned, sold or otherwise) by The Doctor’s Kitchen Australia to any other company or unauthorised individual unless you provide your explicit consent to do so. The Doctor’s Kitchen Australia will not provide any identifiable health information to your employer or private health insurance company or any other parties unless you provide your explicit consent to do so. You can request access to your health information held by The Doctor’s Kitchen Australia at any time. Also, you can ask for information about you to be corrected if it is inaccurate, incomplete, irrelevant, misleading or out-of-date. The Doctor’s Kitchen Australia will take all reasonable steps to correct your information. Under certain legislation we must disclose patient information when required by or under an Australian law or a court / tribunal order.

How is information collected and stored?

Information is collected either in paper, or electronic form.

Electronic records are held on secure password protected computers and are protected by firewalls. Your identifiable health information will not be transferred out of Australia.

Security of data

The Doctor’s Kitchen Australia website takes every precaution possible to protect your Personal Information and Health Information. This includes the use of Firewalls and when purchasing from The Doctor’s Kitchen Australia your financial details are passed through a secure server using industry standard SSL encryption technology.

Cookies and Opt-out

Cookies are small files which store data on your device to enable websites to operate correctly. These cookies ensure we serve the correct page to you and provide you with an optimal experience. This information may also be collected and used, when aggregated and anonymised, to help us understand site usage and user behaviour on our website or app(s), and to allow us to improve our website, app(s) and services.

Our website may contain links to other websites which are operated by third parties. The privacy policies that apply to other websites may be substantially different from our own, so please refer to the privacy policy of the relevant third party if you choose to use these links.

When you click a link to or on our website or app(s), you furnish us with the IP address of your device so that we can deliver content to you. Furthermore, if you place an order online using a credit card, we specifically record your IP address with the use of the credit card as part of our fraud prevention measures.

If you no longer wish to receive some or all of the communications we regularly send to our customers (such as newsletters, product information and specials), you may request at any time to have your preferences updated. To change your preferences simply click the ‘Unsubscribe’ link at the bottom of a The Doctor’s Kitchen Australia email or write to us, phone us or email us at info@thedoctorskitchen.com.au.

Changes to our Privacy Policy

We may amend this privacy policy as our business requirements or the laws change. Any changes to this privacy policy will be updated on this site.

Access or correction of data

You may request access to, or have corrections made to, the Personal Information or Health Information we hold about you simply by writing to us, phoning us or emailing us at info@thedoctorskitchen.com.au.

Asking a question or making a complaint

If you wish to gain access to your information, have a query relating to this privacy policy or feel your privacy has been breached please contact our Privacy Officer through any of the following means;

Email: info@thedoctorskitchen.com.au

Post: Privacy Officer

Address: 396 Stanley Rd, Carina, Qld, 4152

Phone: 0476 193 263

THIS PRIVACY POLICY WAS LAST MODIFIED: 1 June 2023