Privacy Policy / Terms & Conditions
Privacy Policy
hearts4heart Pty Ltd and its related entities (referred to as hearts4heart, "we" or "our") are committed to the protection of your Personal and Health Information in accordance with the National Privacy Principles set out in the Privacy Act 1988 (Cth) and the Health Privacy Principles set out in the Health Records Act 2001 (Vic) as applicable.
This Privacy Policy describes the manner in which hearts4heart collects, holds and uses Personal and Health Information. If you wish to make any inquiries regarding this Privacy Policy, you should contact hearts4heart's Privacy Officer in any of the ways specified in clause 10.1.
hearts4heart may, from time to time, review and update this Privacy Policy including to take into account new laws and technology. All Personal and Health Information held by hearts4heart will be governed by its most recent Privacy Policy, posted on our website. The most recent Privacy Policy will apply to the collection, use and disclosure of Personal and Health Information by hearts4heart.
1. What is "Personal Information"?
1.1 "Personal Information" is any information or opinion about a person, whether true or not, from which that person may be identified.
2. What is "Health Information"?
2.1 "Health Information" is any information or opinion that is also Personal Information and includes information regarding:
(a) your physical, mental or psychological health;
(b) your disability;
(c) your expressed wishes about the future provision of health services to you;
(d) a health service provided or to be provided to you; or
(e) personal information collected in providing a health service.
3. When do we collect Personal and Health Information?
3.1 hearts4heart collects Personal and Health Information from its members, potential members, function attendees, job applicants or business contacts in a variety of ways. hearts4heart may collect Personal and Health Information such as your name, contact details, occupation and or health information when you visit our website, email us, register for one of our events, register for our forums, fill out a form requesting information on hearts4heart, complete a job application for a position with hearts4heart or contact us by telephone, facsimile, email, post or in person.
3.2 hearts4heart may also collect Personal Information about you via third parties, such as other business networking organisations or organisations that we jointly host meetings or functions with. However hearts4heart will only collect your Personal Information in this way if it is not reasonable or practical to collect this information directly from you.
4. Information collected via our website
4.1 hearts4heart will not collect any Personal and Health Information about users of our website except when they knowingly provide it or as otherwise described below.
Click Stream Data
4.2 When you visit and browse our website, hearts4heart's website host may collect Personal Information for statistical, reporting and maintenance purposes.
4.3 Subject to clause 7.2, the Personal Information collected by hearts4heart's website host will not be used to identify you. The information may include:
(a) the number of users visiting our website and the number of pages viewed;
(b) the date, time and duration of a visit;
(c) the IP address of your computer; or
(d) the path taken through our website.
4.4 hearts4heart's website host uses this information to administer and improve the performance of our website.
Cookies
4.5 Cookies are small text files that are transferred to a user's computer hard drive by a website for the purpose of storing information about a user's identity, browser type or website visiting patterns.
4.6 If you access our website, a cookie is downloaded onto your computer's hard drive when you first log onto our website.
4.7 You can adjust your internet browser to disable cookies, however, hearts4heart may not be able to provide you with all the service or functionality you require on our website if you choose to do so.
Web Beacons
4.8 Web beacons are images that originate from a third party site to track visitor activities. hearts4heart does not currently use web beacons to track the visiting patterns of individuals accessing our website.
5. How hearts4heart uses the Personal and Health Information it collects about you
5.1 hearts4heart uses the Personal and Health Information it collects about you for our functions and activities which may include the following:
(a) to help hearts4heart research the needs of its members;
(b) to communicate with you;
(c) to allow you to communicate with other members of hearts4heart;
(d) to allow us to provide advertising material to you of hearts4heart, our sponsors, and other business networking organisations;
(e) for the continuing management of hearts4heart as a membership organisation;
(f) to provide you with information about other organisations and events in which hearts4heart believes you may be interested;
(g) to provide you with ongoing information about hearts4heart and upcoming hearts4heart events; and
(h) to give you the opportunity to receive hearts4heart's newsletter and advertising material from hearts4heart.
5.2 hearts4heart may collect and use your Personal and Health Information for other purposes not listed above. If we do so, we will make it known to you at the time we collect and/or use your Personal and Health Information.
5.3 hearts4heart will only collect and use your Personal and Health Information in accordance with this Privacy Policy.
5.4 If you choose not to provide your Personal and Health Information to hearts4heart for the purposes set out in this Privacy Policy, we may not be able to undertake certain activities for you such as providing you with requested information, registering you for an event or processing your membership application.
6. To whom we disclose your Personal and Health Information
6.1 Depending on the nature of your engagement with hearts4heart, we may disclose your Personal Information and Health Information to related entities of hearts4heart, directly to you (at your request) and, in limited circumstances, to third parties which support hearts4heart, such as sponsors of hearts4heart and other business networking organisations.
6.2 hearts4heart may also disclose your Personal Information to our website host or software application providers in certain limited circumstances, for example when our website experiences a technical problem or to ensure that it operates in an effective and secure manner.
6.3 Personal Information may be disclosed outside of Australia to an entity in a foreign country solely for the purposes described in this Privacy Policy.
7. Marketing
7.1 hearts4heart may use your Personal and Health Information to provide you with promotional material about hearts4heart or other organisations or events in which hearts4heart considers you may be interested. If you do not wish to receive promotional information, you can contact our Privacy Officer in any of the ways specified in clause 10.1, at any stage in the future, so that your Personal and Health Information can be removed from our marketing lists.
7.2 Unless otherwise specified in this Privacy Policy, hearts4heart or hearts4heart's website host will not disclose any of your Personal and Health Information to any other organisation unless the disclosure is required by law or is otherwise permitted by the National Privacy Principles or the Health Privacy Principles.
8. Finding out what Personal and Health Information hearts4heart holds about you
8.1 You are entitled to access Personal and Health Information that hearts4heart holds about you. If you request access to your Personal and Health Information, we will grant your request unless providing you with access would unreasonably impact upon the privacy of others or is not otherwise permitted under the National Privacy Principles or the Health Privacy Principles. If hearts4heart refuses your request to access your Personal and Health Information, it will provide you with reasons for the refusal.
8.2 You can request access by contacting hearts4heart's Privacy Officer in any of the ways specified in clause 10.1.
9. Updating, storage and security of Personal and Health Information held by hearts4heart
9.1 hearts4heart aims to keep your Personal and Health Information secure and up to date. Any Personal and Health Information that is collected via our website or which is held on hearts4heart's computer systems is protected by safeguards including physical, technical (firewalls, SSL encryptions etc) and procedural methods.
9.2 Personal and Health Information that is held by hearts4heart in hard copy is stored securely on its premises and is only disclosed or used for the purposes described in this Privacy Policy.
9.3 You can update your Personal and Health Information at any time by contacting our Privacy Officer in any of the ways specified in clause 10.1. If we find that we have no further need for your Personal and Health Information we will remove it from our systems and destroy all record of it. hearts4heart welcomes any changes to your details so as to keep our records up to date.
10. What to do if you have a question, problem or complaint about our use of your Personal and Health Information or this Privacy Policy
10.1 If you feel that your privacy has not been respected or that hearts4heart has conducted itself inconsistently with this Privacy Policy in respect of your Personal and Health Information, or for any other queries or communication in relation to this Privacy Policy, please contact our Privacy Officer in any of the following ways:
phone: 0426 240 636
email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Last updated: May 2011
Terms & Conditions
1. Your acceptance
(a) These are the terms on which hearts4heart Pty Ltd (hearts4heart) permits users to access and use the hearts4heart website www.hearts4heart.net.au (Website) including using the services and functionality made available through the Website, viewing Content provided by hearts4heart, communicating with hearts4heart and reviewing product information. By using, browsing or accessing any part of the Website, you agree to be bound by these Terms.
(b) hearts4heart may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2. Changes to the Website
The Website is subject to change at any time without notice and may contain errors.
3. Content
(a) hearts4heart has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. hearts4heart reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
(b) The Content on the Website is for general information purposes only. Furthermore, hearts4heart does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of hearts4heart materials or information by another person or organisation is at the user's own risk.
(c) The Content on this Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website or links to third party sites is not an endorsement of any organisation, product or service.
(d) While care has been taken in preparing the Content on this Website, hearts4heart and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
(e) You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website. You warrant and represent that any Content that you communicate or otherwise provide will not violate these Terms or the Privacy Policy.
(f) If you have a complaint regarding any Content, hearts4heart's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
4. Availability
hearts4heart does not guarantee the availability of any goods or services advertised on the Website.
5. Links
(a) The Website may contain links to other web sites. hearts4heart provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe.
(b) Other web sites which are linked to the Website (including Facebook, Twitter, YouTube, Google, TryBooking and Picasa), are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. hearts4heart is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. hearts4heart is not responsible for and will not be liable in respect of any incorrect link to an external web site.
(c) You are not permitted to frame the Website without hearts4heart's express written permission.
6. Access and communication
(a) hearts4heart does not warrant that you will have continuous access to the Website. hearts4heart will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
(b) hearts4heart does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and hearts4heart does not guarantee the security or confidentiality of these communications or the security of the Website.
(c) Although reasonable efforts are made by hearts4heart to ensure the integrity of the Website including by using virus checking software, firewalls and other measures, hearts4heart cannot guarantee the safety of computer systems of users of the Website. hearts4heart does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website. You acknowledge that you enter and use the Website at your own risk.
7. Privacy
Any personal information and health information submitted by you to hearts4heart is subject to and will be handled in accordance with hearts4heart's privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at the top of this page. You agree that, by using the Website or communicating with hearts4heart, you have read the Privacy Policy, understood its contents and consented to its requirements.
8. Intellectual property
(a) All intellectual property rights, including copyright and patents, in the Website, hearts4heart's goods and services, and all components of them are owned or licensed by hearts4heart or any of its related entities. You must not copy, modify or transmit any part of the Website.
(b) The Website contains trade marks, logos, service names and trade names of hearts4heart or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service names or trade names appearing on the Website.
9. Website licence and use
hearts4heart grants you a non-exclusive and non-transferable licence to use the Website for your own personal or business use subject to the restrictions specified in clause 10. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to hearts4heart will be treated as non-confidential and non-proprietary information.
10. Prohibited uses
In using the Website you must not:
(a) engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
(b) impersonate or falsely claim to represent a person or organisation;
(c) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(d) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
(e) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
11. Termination
hearts4heart may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
(a) TO THE FULL EXTENT PERMITTED BY LAW, hearts4heart EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR REPRESENTATIONS CONCERNING AVAILABILITY OF THE WEBSITE, QUALITY, COMPLETENESS, ACCURACY, SUITABILITY, ACCEPTABILITY OR FITNESS FOR PURPOSE IN RELATION TO THE WEBSITE, THE CONTENT, THE CONDUCT OF ANY USERS, ALL LINKS TO OR FROM THE WEBSITE AND THE GOODS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE.
(b) YOU ACKNOWLEDGE AND AGREE THAT hearts4heart ONLY PROVIDES A FORUM ON THE WEBSITE FOR THE EXCHANGE OF INFORMATION. hearts4heart IS NOT RESPONSIBLE OR LIABLE FOR ANY INFORMATION, OPINION, RECOMMENDATION OR ADVICE PROVIDED ON THE WEBSITE OR THROUGH ANY FORUM PROVIDED BY THE WEBSITE BY A THIRD PARTY. ANY INFORMATION PROVIDED VIA THE WEBSITE OR A FORUM IS NOT INTENDED TO BE A SUBSTITUTE FOR THE PROFESSIONAL MEDICAL ADVICE DIAGNOSIS, MONITORING, TREATMENT OR JUDGEMENT OF A QUALIFIED HEALTH CARE PROFESSIONAL.
(c) SUBJECT TO ANY APPLICABLE LAW WHICH CANNOT BE EXCLUDED, hearts4heart's LIABILITY IN RESPECT OF ANY NON-EXCLUDABLE WARRANTIES OR CONDITIONS RELATING TO THE WEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE, AND THE GOODS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE IS LIMITED TO RESUPPLYING THE RELEVANT CONTENT OR THE REASONABLE COST OF RESUPPLYING THE RELEVANT CONTENT, WHICHEVER hearts4heart SEES FIT TO PROVIDE.
(d) FOR ALL OTHER CLAIMS OR LIABILITY, THE MAXIMUM LIABILITY OF hearts4heart AND ITS RELATED BODIES CORPORATE FOR ANY LOSS, DAMAGE, CLAIM, COST OR EXPENSE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE AND THE GOODS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE WILL BE $10 IN THE AGGREGATE OF ALL CLAIMS.
(e) hearts4heart WILL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFIT, DELETION OR CORRUPTION OF ELECTRONICALLY OR DIGITALLY STORED INFORMATION, OR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE AND THE GOODS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE.
13. Indemnity
(a) You will fully indemnify hearts4heart in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(i) any breach of these Terms by you;
(ii) your use of the Website; or
(iii) your communications with hearts4heart.
14. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
15. Severability
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
16. Contacting us
If you have questions about the Website, the Terms or Privacy Policy, please contact us by clicking on the contact link on the home page.
