The Health Reflex

Privacy Policy & Terms of Use

  1. Introduction

The Health Reflex is committed to best practice in relation to the management of information we collect. We have developed a policy to protect your privacy in compliance with the Privacy Act 1988 (Cth) (‘the Privacy Act’). Our policy is to inform you of:

  • the kinds of information that we collect and hold for the purposes of the Privacy Act;
  • (i) how we collect and hold personal information;
  • (ii) the purposes for which we collect, hold, use and disclose personal information;
  • (iii) how you may access your personal information and seek the correction of that information;
  • (iv) how you may complain about a breach of the Australian Privacy Principles and how we will deal with such a complaint; and
  • (v) whether we are likely to disclose personal information to overseas recipients.
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  1. What personal information do we collect?

The type of information we may collect and hold may include:

  • Your name, email and contact details
  • Your credit card information for purposes of purchasing products
  • Any information you volunteer in your platform profile and interactions.
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  2. How do we collect and hold personal information?

We will generally collect personal information:

  • from you directly when you provide your details to us. This might be via a registration form or online form
  • from a person responsible for you
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  2. Why do we collect, hold, use and disclose personal information?

In general, we collect, hold, use and disclose your personal information for the following purposes:

  • to provide products (online courses) to you
  • to communicate with you in relation to the services you choose to receive e.g. newslettesr, blog updates, eBook downloads.
  • to help us manage our accounts and administrative services, including billing.
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  2. How can you access and correct your personal information?

You have a right to seek access to, and correction of the personal information which we hold about you. We will normally respond to your request within 30 days.

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  2. How do we hold your personal information?

Our staff are trained and required to respect and protect your privacy. We take all reasonable steps to protect information held by us, from misuse and loss and from unauthorised access, modification or disclosure. This includes:

  • Strong password protections applied
  • Holding your information in secure cloud storage
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  2. Privacy related questions and complaints

If you have any questions about privacy-related issues or wish to complain about a breach of the Australian Privacy Principles or the handling of your personal information by us, you may lodge your complaint in writing to (see below for details). We will normally respond to your request within 30 days.

If you are dissatisfied with our response, you may refer the matter to the OAIC:
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
Fax: +61 2 9284 9666
Post: GPO Box 5218
Sydney NSW 2001

Website: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint

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  2. Anonymity and pseudonyms

The Privacy Act provides that individuals must have the option of not identifying themselves, or of using a pseudonym, when dealing with our organisation, except in certain circumstances, such as where it is impracticable for us to deal with you if you have not identified yourself.

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  2. Overseas disclosure.

We may disclose your personal information to the following overseas recipients:

  • overseas based encrypted and cloud storage via our learning management system (WooCommerce)
  • anyone else to whom you authorise us to disclose it.
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  2. Updates to this Policy

This Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and other necessary developments. Updates will be publicised on the our website.

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  2. Privacy and websites

This policy extends to interactions and data collection via aligned pages on mediums such as Facebook, Instagram and LinkedIn.

De-identified website analytics and cookies collected via www.thehealthreflex.com.au will be used for optimisation of website functioning.

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you give your consent to our terms of use set out below. If you do not agree to our Terms of Use, please do not use our website.

 

Disclaimer

All information provided on this page and via our programs, newsletters and blogs are general in nature and are not intended nor suited to be personalised medical advice for you or another person. Any information found on our website is not a substitute for professional medical treatment or for professional medical advice.

 

If you have any concerns about your health or the health and wellbeing of a child, consult a doctor or other healthcare professional. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information provided by our website or programs.

 

The contact forms on this website or via associated programs or booking links may be unencrypted and therefore privacy cannot be guaranteed. These forms should never be used for enquires of a personal or medical nature and general website enquiries will be attended to within 3 business days. If you have any medical questions you should contact your usual General Practitioner.

 

Terms

Your access to and use of our website is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the website, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the website are superseded and of no force or effect:

  1. 1. You agree that the website itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the website by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Health Reflex, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the website, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sub-licensable, to access, view, and use the website solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
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  3. 2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
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  5. 3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and any trademarks, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorised use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the website shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. 
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  7. 4. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the website or in any Content in any way, you may notify us via the contact page. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
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  9. 5. While the Company uses reasonable efforts to include accurate and up-to-date information in this website, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the website.
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  11. 6. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
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  13. 7. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
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  15. 8. The Company shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the website. Use of this website is completely at your own risk.
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  17. 9. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the website, you acknowledge your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this website.
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  19. 10. Neither the company nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. 
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  21. 11. The company does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. The company likewise does not warrant or make any representations or guarantees that you will earn any money using the site or the company’s technology or services. 
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  23. 12. The Company does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. The company shall not be responsible for any performance or service problems caused by any third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
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  25. 13. The company shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, stripe payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. The company also reserves the right to limit your use of the site and/or the content or to terminate your account should the company determine that you have violated these terms of use, or that you have violated any other rules or conditions of the company. 
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  27. 14. The company reserves the right to refuse access to the site and/or the company’s content, products and/or services to anyone in its sole discretion. The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. The company may, in its sole discretion, refund the initial fee charged for any use of the site and/or any content or a pro-rata portion thereof consistent with the company’s refund policy. The company shall refuse any refund thirty (30) days after your payment for use of the site and/or any content, either pursuant to the company’s customer license agreement or otherwise, regardless of the reason for disruption.
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  29. 15. In no event shall the company be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to; damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the company has been advised or is aware of the possibility of such damages.
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  31. 16. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. 
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  33. 17. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
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  35. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.