Welcome to our website. This website (located at v360.health) is owned and operated by Vitality Health Pty Ltd trading as Vitality360 (ABN 95678143176) (Vitality360, we, us). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use and disclaimer which, together with our Privacy Policy, govern our relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.
Please note that further terms and conditions govern the purchase of any goods and services described on our website. Please refer to our Online Membership Terms and Conditions.
Your use of this website is subject to the following terms and conditions:
USE OF OUR WEBSITE
The content of this website is for your general information and use only and is subject to change without prior notice.
You can only ever use our website for lawful purposes (such as researching our goods and services or contacting us) in a manner consistent with the nature and purpose of the website, and in a way that doesn’t impact on anyone else’s use and enjoyment of the website. We have a zero-tolerance policy for users who conduct themselves unlawfully or encourage such conduct, who post any defamatory, obscene, offensive or scandalous material, harass or cause distress or inconvenience to any person, or disrupt the website. We reserve the right to ban any users who engage in such behaviour.
You’re not permitted to change, add to, remove, deface, hack or otherwise interfere with our website or any material or content displayed on the website, or attempt to do any of those things.
Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
MEDICAL DISCLAIMER
The information provided on this website, including text, graphics, images, and other material, is for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
Reliance on any information provided by Vitality360, its employees, contracted writers, or medical professionals presenting content for publication to Vitality360 is solely at your own risk. Vitality360 is not responsible for any action taken as a result of the information provided on this website.
INTELLECTUAL PROPERTY
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties.
Unless we say otherwise, all rights (including copyright) in the website are owned or controlled by us and are reserved by us.
Any reproduction of the website or website content is prohibited other than in accordance with these terms.
All designs, trade marks, service marks and trade names are owned, registered and/or licensed by us, save for any trademarks reproduced on this website which are not the property of or licensed to us, which are acknowledged on the website.
As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device’s cache memory and to print pages from the website for your own personal and non-commercial use.
Except as outlined above, we don’t grant you any other rights whatsoever in relation to the website- all other rights are expressly retained and reserved by us and nothing you do on or in relation to the website will transfer any intellectual property or associated rights.
If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.
SUBMISSIONS
We’ll sometimes ask our users to contribute content to our website or social media. Please note before you do so that any material you send to us (including any data, questions, comments, suggestions, ideas, designs, images, videos, audio, marks or other information) will be deemed to be non-confidential and non-proprietary, unless you tell us otherwise. You authorise us to use it for any purpose, without compensation to you.
PRIVACY
We take your privacy seriously. All information we collect through your use of the website and how we use and disclose it is set out in our Privacy Policy, which is available on our website.
LINKS TO OUR WEBSITE
If you would like to link to our website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link. Please note that if we allow you to link to our website, we may impose certain terms or conditions.
If the nature or content of your website changes in any significant way after the authorised link is established, you must let us know and provide us with a new description of your website. If the change means that your website is no longer a good fit with ours, we may ask you to remove the link. Refusal will constitute a breach of these terms.
LINKS FROM OUR WEBSITE TO OTHER WEBSITES
We may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. Please note that we include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. We have no control over the nature, content and availability of those websites. For your own safety, please make sure you check the protocols and standards of the linked sites before using them.
OUR USE OF COOKIES
We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services. By continuing to use the website, you agree to our cookie policy. You can find out more information about our cookie policy in our Privacy Policy, which is available on our website.
SECURITY
We use our best endeavours to ensure the website is free of any malware, bugs, viruses, trojan horses, ransomware or other harmful code or communications which may be transmitted to or through the website, including links to other sites.
DISCLAIMER AND INDEMNITY
Nothing in these terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any purpose which are not expressly stated in these terms. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the website or these terms (including as a result of not being able to use the website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we can’t exclude liability but we can limit it, we limit it to the maximum extent permitted under section 64A of the ACL.
We make the website available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the website is provided “as is” and “as available” we don’t make any representations or warranties of any kind and we exclude all liability for loss or damage you might suffer because of:
It is your own responsibility to ensure that any services or information available through this website meet your specific requirements.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
CHANGES TO TERMS
If we decide to change these terms (and we can do so at any time), we’ll post a copy of our revised terms on our website. Changes to the terms will take effect immediately on being published on the website. Your continued use of the website indicates your acceptance of the revised terms.
SEVERANCE
If any part of these terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the terms will remain in force.
NO AFFILIATION
Our website is not a part of the Facebook website, Facebook Inc, YouTube, Instagram, Snapchat, Twitter or Google, nor is it endorsed by or affiliated with any of those websites or their owners in any way.
TERMINATION
The agreement between us constituted by your use of the website may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the website.
JURISDICTION
As we are based in NSW, these terms will be governed by the laws of NSW. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of NSW and courts of appeal from them.
This document was last updated: AUGUST 19, 2024
This Privacy Policy sets out the commitment of Vitality Health Pty Ltd trading as Vitality360 (ABN 95678143176) (Vitality360, we, us) to protect the privacy of personal information we collect about you, including through this website, https://v360.health as well as through our other business operations or directly from you.
Please read this Privacy Policy carefully and contact us using the details set out below if you have any questions.
By providing us with personal information, you indicate that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it and consent to the collection, use, holding and disclosure of your personal information as outlined.
If you don’t want to provide personal information to us, then you don’t have to, however this may affect your use of this website.
TYPES OF PERSONAL INFORMATION WE COLLECT
The types of personal information we collect may include:
If you’re a customer and would like to deal with us anonymously or use a pseudonym, feel free to do so.
HOW WE COLLECT PERSONAL INFORMATION
We collect this information from you when you make an enquiry with us (for example, by telephone or email), purchase a product from us, sign up for a service via our website or submit a contact enquiry on our website, etc.
We are committed to using lawful and fair means to collect personal information and collecting it from others only when it is unreasonable or impracticable to obtain certain information from you directly. We collect personal information about you from:
Third parties may also use cookies, web beacons and similar technology to collect or receive information from our website or from you and from elsewhere on the internet and use that information to provide measurement services and targeted advertising (such as the Facebook pixel, Google Analytics and AdWords). If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.
We will destroy or de-identify information where we form the opinion that the information has been provided to us unlawfully or unfairly.
WHY WE COLLECT, HOLD, USE AND DISCLOSE PERSONAL INFORMATION
We collect, hold, use and disclose your personal information as is reasonably necessary for us to perform our core functions and activities, including for the following purposes:
We will not use or disclose personal information for the purpose of direct marketing unless you have consented to the use or disclosure of the information for that purpose.
Please note that we will not disclose your personal information for any purpose other than the purpose for which it was collected without your consent, unless we are required to do so by law.
THIRD PARTY SERVICES
Where we disclose your personal information to third parties for these purposes, we will do our best to ensure that their privacy policy adheres to similar standards of privacy protection and/or request that the third party follow this Privacy Policy regarding handling of your personal information. We will also be diligent in ensuring that the personal information we disclose is accurate, up-to-date, complete and relevant.
For third-party services such as functional tests and supplement orders:
USE OF DATA FOR AI MODEL TRAINING
We may use anonymised customer data to train AI models that help us enhance our services, improve user experience, and provide more accurate and personalized recommendations. The data used for AI training is processed in accordance with strict privacy and security standards. While these models contribute to improving our overall service, they may also be used to provide personalised recommendations to individual users. If you wish to opt out of having your data used for AI model training, please contact us using the details provided at the end of this policy.
INTERNATIONAL DATA TRANSFERS
We may transfer your personal information internationally, including outside the EU/EEA. We implement appropriate safeguards to protect your data during these transfers, in compliance with applicable laws including EU data protection laws. For details on our transfer mechanisms, please contact us.
USE OF COOKIES
A cookie is a small text file that’s placed on your computer to help us remember your preferences, like your login information or location. Cookies are used for a variety of reasons. We use cookies to make it easier and faster for you to use our website. We also use cookies for security purposes to protect you online. We and our third-party vendors may also use cookies to display advertisements to you elsewhere on the internet.
LINKS TO OTHER SITES
To help you find more information, we sometimes include links to other helpful websites from our website. Please note that this Privacy Policy only applies to information that we collect on our website (not any other site). As we aren’t responsible for data collection on those other sites, our Privacy Policy won’t apply. We can’t guarantee any of the privacy practices of other websites, so please be safe and make sure you read their privacy policy before giving them your personal information.
HOW YOU CAN ACCESS AND CORRECT YOUR PERSONAL INFORMATION
Access: You can request details of personal information that we hold about you. We will respond to any request to access information within a reasonable time.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details set out below. We rely in part on you advising us when your personal information changes. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date and to notify you of the correction, unless it is impracticable or unlawful to do so.
Deletion: If you want us to delete personal information we hold about you or to not collect information from you for a specific purpose, such as targeted advertising, please contact us using the details set out below. Please note that if we agree to delete your information, because of backups and records of deletions, it may be impossible to completely delete your information without retaining some residual information. We will functionally delete the information and we will not sell, transfer, or use personal information relating to you in any way moving forward.
We will respond to any request to access, correct or delete information within a reasonable time.
HOW WE MAINTAIN THE SECURITY OF YOUR INFORMATION
We are committed to ensuring that the personal information we hold is secure and protected from misuse, interference, loss and unauthorised access, modification or disclosure. We undertake the following precautions to protect personal information we hold:
While we take commercially reasonable measures to maintain a secure website and business, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to you for any such occurrences. If a data breach occurs involving your personal information and the breach is likely to cause harm to you, we will notify you as soon as possible after the occurrence in accordance with our obligations under the Privacy Act and related legislation.
DO YOU LIVE IN THE EU?
Vitality360 is committed to looking after our customers in the EU and we make every effort to comply with the GDPR.
WHAT IS PERSONAL DATA?
Any information relating to you.
WHAT IS PROCESSING?
Any operation on personal data like recording, structuring, storing etc.
WHO IS A CONTROLLER?
The person or body who determines how and why personal data is processed. In this case that’s us – Vitality360.
OUR COMMITMENT
The personal data we collect is:
YOUR CONSENT
Vitality360 requests your consent to the processing of your personal data for the purpose of creating our mailing list, marketing, taking payment and distribution/deliveries.
You give us consent to process your personal data. You can withdraw that consent at any time by sending an email to [email protected]. If you ask us to, we will stop using your personal data as soon as possible.
HOW VITALITY360 WILL WORK WITH YOUR PERSONAL DATA
To help you to understand how we will work with your personal data we set out some key information below. As always if you have any questions just ask – we are here to help!
Who is the controller of the data? Vitality Health Pty Ltd
Privacy contact: Timothy Phillips
What are the purposes for processing the personal data? Creating our mailing list, direct marketing, taking payment and getting your products to you.
What is the legal basis for processing the personal data? Where we have collected data from you for direct marketing purposes, the legal basis is your freely given, informed and explicit consent, which you have given by a positive act (i.e. accepting this Privacy Policy) knowing that you can withdraw it at any time. If you are arranging a delivery it is a contractual requirement to take the payment/billing details and delivery information (otherwise we can’t get your goodies to you!). Where we have collected data from you other than pursuant to an engagement or your consent, we have collected data to facilitate our pursuing our legitimate business interests.
Who receives your personal data? Your data is received by us, Vitality Health Pty Ltd, and by our key suppliers including our distribution and delivery team, and our marketing platforms like Facebook and Instagram.
How long will your personal data will be stored? We store all order and customer information indefinitely. This is necessary for our legitimate business purposes and to fulfil the purpose for which we collected the data, for example, to make a delivery to you, to contact you for marketing purposes and to facilitate your easy and convenient use of our website and ordering system.
YOUR RIGHTS
You may request access to, rectification or erasure of your personal data, restriction of processing or object to processing for automated decision-making. You also have the right to data portability. We may request a reasonable fee to process a data portability request that is manifestly unfounded or excessive, based on the administrative costs of complying with the request. We will contact you promptly and inform you if we require payment of a fee. We will not be obliged to comply with the request until we have received the fee. Just contact us by phone or email if you have a request like this.
You have the right to lodge a complaint with a supervisory authority. Vitality360 hopes that you will not have complaints but if you do please raise them with us. You also have a right to lodge a complaint with the supervisory authority in the EU Member state where you live or work.
Where we have collected data from you where you have ‘opted in’ for direct marketing purposes pursuant to an offer, the provision of your personal data is a contractual requirement for the delivery of an opt in material. Similarly, if you are arranging a delivery it is a contractual requirement to take the payment/billing details and delivery information. If you do not provide personal data, we will not be able to provide our products or services to you.
Is there automated decision making (including profiling)? Any automated decision making would only relate to decisions necessary for us to perform the services as agreed for you such as choice of delivery service provider or method. Please note that we also utilise Facebook and Instagram advertising services, which may also utilise automated decision making. Please refer to their privacy statement, available at https://www.facebook.com/privacy/explanation, for more information. Please note that we are not affiliated with or sponsored by Facebook or Instagram.
We may collect other personal data about you from other sources. All such data is obtained from government registers and is publicly available. The categories of personal data include names, addresses and contact details.
HOW YOU CAN MAKE A COMPLAINT ABOUT PRIVACY BREACH
If you believe that we have breached this Privacy Policy and want to make a complaint about that breach, please contact us using the details set out below. If you are unsatisfied with our response, the Office of the Australian Information Commissioner may be able to assist you with a review of our decision. Contact the OAIC for more information.
HOW YOU CAN UNSUBSCRIBE OR OPT OUT
We like to keep our customers and website visitors up to date, so from time to time we’ll send you newsletters, invitations and updates. Not to worry: our emails will always come with an “Unsubscribe” button, so you can opt out at any time. To unsubscribe from our email database, or opt out of communications, use the Unsubscribe button in our communication or contact us using the details set out below.
You can block the use of cookies by selecting the appropriate settings on your browser. You can opt out of third party vendor cookies by visiting your Google’s Ad settings or http://www.networkadvertising.org/managing/opt_out.asp. Please note that the website may not work as well for you if you disable cookies.
You can also opt out of information collecting for advertising targeting by visiting www.aboutads.info/choices.
CHANGES TO THIS POLICY
We reserve the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use our site. If we decide to change our Privacy Policy, we’ll let you know by posting such changes on our website.
CONTACT DETAILS
For any questions or notice, please contact us using these details:
Data Protection Officer
This Privacy Policy was last updated: August 19 2024