privacy policy

1. OVERVIEW

Thanks for being a member and getting fuelled by Marika Day™.

MD HEALTH CO. PTY LTD ABN 49 653 642 025 (‘We’, ‘Us’, ‘Our or ‘MD’) provides its advisory, counselling, consulting, educational, and information services and programs in connection with diet, health, lifestyle, nutrition, fitness, food and drink, and recipes (‘Services’) which are accessible via:

Our site www.fuelledbymarikaday.com (‘Site’); and/or
Our downloadable application (‘App’).

Before using Our Services, please read this privacy policy (‘Policy’) in conjunction with Our T&Cs: https://fuelledbymarikaday.com/terms-and-conditions (‘Terms and Conditions).

In this Policy, ‘User,You’ or ‘Your’ means (as applicable):

the person or entity registered with MD as a user; and/or
the person or entity accessing or using the Services.

In order to provide You with Our Services, MD needs to collect certain personal information about You.

By using or accessing, the Services, the Site and/or the App, You are consenting to the collection and use of information by Us in accordance with this Policy. If You do not agree to any part of this Policy and/or Our T&Cs, We cannot provide Our Services to You and You must immediately cease accessing Our Services.

MD may amend this Policy from time to time by updating this page. You should check this page regularly to ensure that you are satisfied with any changes. MD may provide you with written notice of any changes made to this Policy.

2. OUR PRIVACY COMMITMENT

We are committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth), the European Union General Data Protection Regulation (‘GDPR’) and in accordance with other applicable privacy laws.

MD will not use or share Your personal information with any third party except as described in this Policy.

3. WHAT IS PERSONAL INFORMATION?

THE PRIVACY ACT 1988 (CTH) CURRENTLY DEFINES ‘PERSONAL INFORMATION’ AS MEANING 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.

If information does not disclose Your identity or enable Your identity to be ascertained, it will in most cases not be classified as ‘personal information’ and will not be subject to this Policy.

4. WHAT INFORMATION DO WE COLLECT ABOUT YOU?

The kind of personal information that MD collects from You will depend on how You use Our Services.

The personal information which We collect and hold about You may include.

Your personal details and contact details (for example, Your name, address, age, gender, email address and phone number);
Your occupation and job title;
Your geographic and location information;
Your medical and health information including medical history, medications, allergies, adverse events, immunisations, social history, family history, fitness history and risk factors;
Your ethnic background or current lifestyle;
Your marketing preferences (for example, whether You would like to receive promotional communications from MD);
Your responses you share with us as part of your membership (for example, Your responses to surveys, competitions and promotions);
Your payment information (for example, Your credit card or direct debit information for billing purposes);
Your company name and any identifier numbers (for example, Your ABN and/or Your ACN); and
any additional personal information You provide to Us, or authorise Us to collect, as part of Your interaction with Our Services.

5. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

MD will collect personal information directly from You whenever:

You provide such information when using or accessing Our Services;
You register for or update Your account made for using or accessing Our Services (Account’); and
such information is provided to Us with Your permission.

While most of Our data in relation to You comes from collecting it directly from yourself, MD may from time to time gather data from Our partners who assist MD in Our business. Your data is protected by their relevant privacy policy, and MD takes reasonable steps to ensure that any data We collect from them is in line with relevant legislation.

We also collect cookies from Your computer or mobile device which enable Us to tell when You use or access Our Services.  This also helps to customise Your experience when using or accessing Our Services. As a general rule, it is not possible to identify You personally from Our use of cookies.

6. WHY DO WE COLLECT INFORMATION?

The purposes for which MD will generally collect and use Your information include:

to allow You to use or access the Services, Our App and/or Our Site and allow us to provide all aspects of same;
to provide You with the best service experience when using or accessing the Services, Our App and/or Our Site;
to manage and administer the Services, Our App and/or Our Site;
for MD’s internal record keeping;
to establish and maintain Your relationship as a User of the Services, Our App and/or Our Site;
to tell, notify or contact You about Your Account, the Services, Our App, Our Site and/or MD;
to respond to and address any queries that You may request about the Services, Our App, Our Site and/or MD;
to improve the Services, Our App and/or Our Site;
for contacting you to collect information for market research purposes;
to provide the information You request from MD;
to allow you to sign up for and attend MD events, competitions or promotions;
to periodically send You promotional emails about new services, products, special offers and/or other information via the email address You have provided us with; and
where it is required by law.

In addition, MD may from time to time use some of Your personal information for other purposes such as:

for commercial purposes (including but not limited to allowing Us to introduce new offers, promotions, products and/or services to You and/or provide Your personal information to Our partners for their own products, services, offers, promotions and/or marketing activity if opted-in or consented to same by You);
to confirm Your identity as part of your membership and to allow You to join any of Our social media communities;
to detect and prevent abuse of Our Services by confirming your membership details;
for relevant training purposes within MD;
to continually improve the relevance of Our marketing materials;
to fulfil Our reporting obligations to any relevant tax and regulatory bodies; and
to share certain information with Our partners in order to provide Our Services and any marketing or promotional messages relating to Our Services or Us.
MD carefully checks the privacy policies of any Our partners We work with, and to whom we may provide Your personal information, and takes reasonable steps to limit the misuse of Your personal data.

When We collect Your personal information for a specific purpose not outlined above We will, at the time of collection, disclose the purpose of the collection.

By using or accessing the Services, Our App and/or Our Site, You consent to the receipt of direct promotional and marketing material from Us.  We shall only provide your personal information to Our partners for their own commercial purposes if you provide your consent or opt-in to same.

Please contact Us using the contact details further below if You do not wish to receive direct marketing material from MD or wish to revoke your consent or opt-out from Us providing Your personal information to Our partners for their own commercial purposes.

7. HOW ABOUT PAYMENT INFORMATION?

MD may collect Your personal payment information, including information stored on external servers that You may use with Us. By submitting Your payment information and/or linking Your Account with a third partypayment service provider, You authorise MD to access and use this information in order to provide You with and accept payment for Our Services.

8. HOW DO WE HOLD INFORMATION ABOUT YOU?

MD will use reasonable steps to protect Your personal information from loss, misuse, inference, unauthorised access, modification or disclosure outside the scope of this Policy.

We are committed to ensuring that Your personal information is secure. In order to prevent unauthorised access or disclosure, We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information We collect in accordance with this Policy.

MD may indefinitely retain and continue to use Your information, materials and content that a User submits to, or uses with, the Services, Our App, Our Site and/or MD, even following termination or deactivation of Your Account.

Please contact Us using the contact details further below if You wish to request data deletion.

9. WHEN WILL WE DISCLOSE INFORMATION TO OUR PARTNERS?

MD will not sell Your personal information to third parties or Our partners.

However, MD may share some of your data with Our partners for their own commercial purposes (including their own offered products and/or services, promotions and/or marketing activity) if you consent or opt-in to us doing so. When this is done, MD’s partners are obligated to only use Your data for the reasons agreed with Usand have committed to not misuse or sell Your data in any way.

Your personal information may be shared to Our following partners:

MD’s employees, contractors or service providers in the instance that this is reasonably necessary to provide the Services;
MD’s business advisors including accountants, lawyers and other business professionals; and/or
Our commercial partners (including but not limited to AIA Australia Limited (ABN 79 004 837 861) and its related bodies corporate) who collaborate with us to provide Our Services and, if consented or opted-in by You, their own offered products or services as well as their promotional and marketing messages or activity.

Other than the above, MD will not disclose Your personal information to Our partners or third parties unless reasonably necessary or mandated to do so by any applicable law.

We are not liable for any loss, damage or claim arising out of a partner’s or a third party’s use of Your personal information where We were authorised by You or by law to provide Your personal information.

10. HOW CAN I ACCESS OR CORRECT MY PERSONAL INFORMATION?

Australian Privacy Principle 12 permits You to obtain access to the personal information We hold about You in certain circumstances, and Australian Privacy Principle 13 allows You to correct inaccurate personal information subject to certain exceptions.

You may access personal information held about You at any time. If You would like to obtain such access, then please advise Us using the contact details further below.

You may amend or correct the personal information about You at any time by logging into Your Account. If You believe that the personal information MD holds about You is inaccurate, out-of-date or incomplete, then please advise Us using the contact details below.

MD may take steps to correct inaccurate, out of date, incomplete, irrelevant or misleading about You.

11. IS MY PERSONAL INFORMATION DISCLOSED TO OVERSEAS RECIPIENTS?

MD is based in Australia so the majority of Our Services derive from providers that are Australian based. However, Your personal information may be transferred overseas or stored overseas for a variety of reasons. It is not possible to identify each and every country to which Your personal information may be sent. If Yourpersonal information is sent to a recipient in a country with data protection laws which are at least substantially similar to the Australian Privacy Principles, and where there are mechanisms available to You to enforce protection of Your personal information under that overseas law, MD will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled in that jurisdiction. If Your personal information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia’s, MD will take reasonable steps to secure a contractual commitment from the recipient to handle your information in accordance with the Australian Privacy Principles.

12. GDPR

In some circumstances, the GDPR provides additional protection to individuals located in Europe. Where this is the case, there may be additional rights and remedies available to You under the GDPR if Your personal information is handled in a manner inconsistent with that law.

13. HOW CAN I LODGE A COMPLAINT?

If You have a complaint concerning the manner in which MD maintains the privacy of Your personal information, please contact Us as set out below. All complaints will be considered by Our privacy officer and We may seek further information from You to clarify Your concerns. If We agree that Your complaint is well founded, We will, in consultation with You, take appropriate steps to rectify the problem. If You remain dissatisfied with the outcome, You may refer the matter to the Office of the Australian Information Commissioner.

If You have complained about something that is not covered in the relevant privacy laws, We will explain why We are unable to take further action.  Please allow 7 days for Us to investigate and respond to any privacy complaints.

14. HOW CAN I CONTACT MD?

If You have a complaint regarding MD’s compliance with privacy laws or the treatment of Your personal information, or if You would like to access or correct Your personal information, then please do not hesitate to contact Us:

Via email at: [email protected]

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