1.1. Quit Hero (ACN 642 632 620) is a business registered in Australia (Quit Hero, we, us) and is committed to keeping your information safe and secure in accordance with the Privacy Act 1988 (Cth) (the Privacy Act) and the Australian Privacy Principles contained therein, and any applicable State or Territory law governing your data collection or privacy. By engaging Quit Hero’s services (the Services) or using Quit Hero’s website (the Website), you are giving consent to Quit Hero for the use of your private information in the manner set out in this Privacy Policy.
COLLECTION OF PERSONAL INFORMATION
2.1. Quit Hero may collect and use the following kinds of information:
a) information about your use of the Website, Services (including your IP address; browser type; version and language; operating system; pages viewed while browsing the Website or Services; page and content access times; “cookies”; purchase history; and referring website address); and
b) information about your personal details (including name; date of birth; phone contact details; gender, address information; email; Medicare details, emergency contact details and payment information).
2.2. Information about your personal information may be collected from you in a variety of ways, including, but not limited to:
a) when you register for the Website and Services;
b) when you make an inquiry or order in relation to the Products or Services through our Website;
c) when you submit a Questionnaire attend a Consultation with a Doctor through our Website and its Services;
d) The doctor may through our Website collect, hold and maintain your medical records and additional notes, which can be shared with us. However, all client health information will be managed in accordance with relevant state legislation;
e) change your content or email preference;
f) when you interact with Quit Hero electronically or in person;
g) when you interact with us by telephone, email, audio-visual link or facsimile;
h) through any mobile applications provided by Quit Hero;
i) through any feedback, market research surveys or User reviews;
j) provide financial and/or credit card information;
k) communicate with Quit Hero User support;
l) when you access Quit Hero’s Website or Services; and
m) when Quit Hero provides Products and/or Services to you.
2.3. Personal Health Information (“PHI”) provided by you (as the User or a Doctor concerning a User) in the course of utilising the Services (including, but not limited to, medical history, age, gender, weight, height, exercise history, past and present medication and mental health information).
a) when you register for the Services;
b) when you interact with Quit Hero or the Doctor electronically or in person;
c) when you access Quit Hero’s Website, Products or Services;
d) when Quit Hero provides Products and/or Services to you; and
e) when you provide us PHI or personal information to via a Questionnaire or when using the Services.
USE AND DISCLOSURE OF PHI OR PERSONAL INFORMATION
3.1. Quit Hero may use your PHI and personal information in relation to its business, including but not limited to:
a) enable your access to the Website and/or the Services;
b) supply to you the Services that you request as a User;
c) track usage and measure traffic statistics of the Website and Services;
d) supply to you the products and/or Services that you purchase or request as a User;
e) receive and/or access information from third-party suppliers and providers (Third Party) for the provision of our products and/or Services to you;
f) contact you regarding your use of the products and/or Services offered by Quit Hero;
g) contact you in relation to comments, complaints, enquiries or dispute resolution;
h) collect payments from you;
i) to improve our goods and services;
j) to verify your identity, address and age;
k) to consider you for a job with us (whether as an employee or contractor) or in the context of other relationships with us;
l) to address any issues or complaints that we or you have regarding our relationship;
m) communicate with third party providers or associate parties with respect to the provision of the Services; and
n) send you marketing communications.
3.2. Quit Hero will not disclose PHI or personal information about you unless it is required, incidental or otherwise related to the primary purpose of providing the Services to you or a third party for which you have consented by engaging Quit Hero’s Services or by using Quit Hero’s Services. However, Quit Hero may disclose your PHI or personal information to its business partners and to a Third Party, to which you have consented by using the Services and who can assist them in providing Services to you as a User or in maintaining its products or systems. This includes but is not limited to providing PHI or personal information to:
a) our employees and related bodies corporate;
b) Quit Hero, Doctors, professional advisers and/or agents;
c) our contractors and other third parties that provide goods and services to us (including website and data hosting providers, and other suppliers);
d) our accountants, insurers, lawyers, auditors and other professional advisers and agents
e) payment system operators;
f) if you are an individual contractor to us or a prospective employee, to our related companies and human resources related service providers (e.g., for outsourced payroll processing);
g) any third parties to whom you have directed or permitted us to disclose your PHI or personal information (e.g., referees or ID verifiers);
h) in the event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors;
i) third parties that require the information for law enforcement or to prevent a serious threat to public safety; and
j) otherwise as permitted or required by law.
3.3. Quit Hero, in its sole discretion, may disclose your PHI or personal information if it is required to do so by law or legal process, including:
a) In the event of a medical emergency;
b) in order to establish, exercise or defend its legal rights;
c) as required or authorised by law; or
d) to the extent required to permit Quit Hero to investigate suspected fraud, harassment or other violations of any law, rule or regulation, our policies, or the rights of third parties or any other suspected conduct Quit Hero deems improper.
3.4. Quit Hero may also use your PHI or personal information information to protect the copyright, trademarks, or other intellectual property or legal rights, property or safety of Quit Hero, the Website, and its Users or third parties.
3.5. 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 user databases, together with any PHI or personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. Quit Hero uses reasonable effort to only disclose PHI or personal information in good faith and where required by any of the above circumstances.
SECURITY AND ACCURACY
4.1. It is important that you advise Quit Hero of changes to your PHI or personal information that you have provided to Quit Hero as it is essential that your PHI or personal information is accurate, complete, and up-to-date in order for Quit Hero to provide the Services to you.
4.2. Quit Hero will take commercially reasonable steps to protect your PHI or personal information from misuse, loss, unauthorised access, modification and disclosure. However, Quit Hero is not liable for any unauthorised access to this information.
4.3. Quit Hero will take commercially reasonable steps to destroy or permanently de-identify PHI or personal information if it is no longer needed for the purposes of providing our Services to you and where Quit Hero is not required to retain that information by law.
ACCESS AND CORRECTION
5.1. You are responsible for ensuring that the information you provide to Quit Hero is accurate, complete and up-to-date.
5.2. By request, you may contact Quit Hero and ask to know what sort of PHI or personal information is held about you, for what purposes, and how it is collected, held, used and disclosed.
5.3. By request, you may access your PHI or personal information by contacting Quit Hero at quit@Quit Hero.com.au. Quit Hero reserves the right to charge a reasonable administration fee for this access.
5.4. Quit Hero in its sole discretion, may consider that there is a sound reason under the Privacy Act, Freedom of Information Act or other relevant law to withhold PHI or personal information, or not make the requested changes.
IDENTIFIERS AND ANONYMITY
6.1. You acknowledge that Quit Hero retains, collects and maintains your PHI or personal information for statistical analysis purposes (whether for commercial or non-commercial purposes). You agree that Quit Hero may share, distribute and/or transfer information that you have provided to Quit Hero to third parties after that information has been de-identified.
7. SENSITIVE INFORMATION
7.1. Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
7.2. Sensitive information will be used by Quit Hero only:
a) for the primary purpose for which it was obtained;
b) for a secondary purpose that is directly related to the primary purpose;
c) with your consent; or
d) where required or authorised by law.
TRANS-BORDER DATA FLOWS
8.1. Quit Hero may use cloud services, and as such, its servers may be located in Australia or overseas and you acknowledge, agree and understand that your PHI or personal information may be transferred and stored in Australia and other foreign jurisdictions which the cloud services may direct the data to be stored. You agree for us to transfer your information into foreign jurisdictions for the purposes of providing you with the Services.
8.2. In addition to the above, Quit Hero will transfer PHI or personal information to someone who is in a foreign country where:
a) Quit Hero reasonably believes that the recipient of the information is subject to a law, binding scheme or contract that effectively upholds principles for fair handling of the information that is substantially similar to the Australian Privacy Principles;
b) the individual consents to the transfer;
c) the transfer is necessary for the performance of a contract between you and Quit Hero, or for the implementation of pre-contractual measures taken in response to your request;
d) the transfer is necessary for the conclusion or performance of a contract concluded in your interest between Quit Hero and a third party;
e) all of the following apply:
i) the transfer is for your benefit;
ii) it is impracticable to obtain your consent to that transfer; and
iii) if it were practicable to obtain such consent, you would be likely to give it; or
f) Quit Hero has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles. COMPLAINTS
9.1. As a valuable User, if you have any complaints in relation to this Privacy Policy or privacy practice, please feel free to contact Quit Hero via hello@quithero.com.au
9.2. A complaint should identify whether it is about:
a) the collection of PHI or personal information;b) the use of PHI or personal information;c) the disclosure of PHI or personal information;d) the security or storage of PHI or personal information;e) the accuracy of PHI or personal information;f) a refusal to give access to or provide about their PHI or personal information; org) a refusal to change or delete PHI or personal information.
9.3. Quit Hero values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, Quit Hero will respond in a timely manner to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, Quit Hero will assess your response and advise if it has changed its view. If you are unsatisfied with the final outcome, Quit Hero will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.
OPTING OUT OF DIRECT MARKETING
10.1. Quit Hero aims to give you a highly personalised experience when using the Website and the Services. In order to do so, Quit Hero may use your PHI or personal information to send you advertisements to your email address. If you decide you do not want to receive these emails containing advertisements, you can request to unsubscribe from the mailing list by clicking ‘Unsubscribe’ at the bottom of the email.
11. COOKIES
11.1. Quit Hero charges the User the Purchase Fee for its Services and the Products provided by the Pharmacist. The Consultation Fee is charged at the time a Consultation booking is made and will be refunded if the Doctor cancels the Consultation, or if there is a technological failure that prevents an effective Consultation between the User and the Doctor. Technological failure is assessed and logged by the Doctor. The Consultation Fee is not refundable if you, as a User, cancel a Consultation or fail to attend.
11.2. You acknowledge and agree that an Order for Products due to regulations cannot be returned or refunded once it has been placed, processed, and dispatched by the Pharmacist as storage conditions of the Products cannot be guaranteed, which means the Products cannot be reused. For this reason, Quit Hero and the Pharmacist are unable to accept returns of the Products and provide refunds.
11.3. You acknowledge and agree that should you require a cancellation of your Order, which has not yet been dispatched, you may do so by contacting Quit Hero immediately either by phone or email at hello@quithero.com.au and providing your Order details and receipt. We can issue a refund on your Order, and this will be processed between 7 to 14 business days, on the basis that your Order has not yet been dispatched.
11.4. Any refunds granted pursuant to clause 11 will be at Quit Hero’s or the Pharmacist’s sole discretion and will not include a refund of any fees and/or commissions.
THIRD-PARTY SITES
12.1. The Website may from time to time have links to other websites not owned or controlled by Quit Hero. These links are meant for your convenience only. Links to third-party websites do not constitute sponsorship endorsement or approval of these websites. Please be aware that Quit Hero is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information.
MISCELLANEOUS
13.1. Waivers
a) In limited circumstances, Quit Hero may allow you to waive the application of this Privacy Policy. A waiver of this Privacy Policy must be in writing and signed by Quit Hero. Quit Hero anticipates that the waiver of this Privacy Policy would only be in exceptional circumstances, and Quit Hero encourages you to consider the circumstances leading to the waiver request prior to submitting such a request.
13.2. Governing Law & Jurisdiction
a) This Privacy Policy is governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in connection with this Privacy Policy, you agree that the exclusive venue for resolving any dispute shall be Brisbane, Australia.
VARIATION TO THIS PRIVACY POLICY
14.1. This Privacy Policy is available online via [insert web address].
14.2. Quit Hero reserves the right to modify or amend this Privacy Policy at any time, for any reason, and without any notice, by posting a revised version on its website. Any changes to this Privacy Policy will become effective when Quit Hero posts the revised Privacy Policy on the website. Your use of the website following these changes means that you accept the revised Privacy Policy.
14.3. This policy was last modified in 2021.
CONTACT
15.1. Please contact Quit Hero if you have any questions regarding this Privacy Policy.
Email: hello@quithero.com.au
Complete your online medical assessment and begin your quitting journey!