Terms and Conditions

Terms and Conditions

Benny Button PTY LTD

Date Last Modified: 16/08/2017

Incorporating Privacy Policy

Benny Button Pty Ltd ("The Company")

 

Our Online Privacy Policy describes what information we collect via our ‘Services’ that include but are not limited to our online survey, personalised Vitality Report, group level reporting, web application, mobile application, health coaching, data analytics and biometric assessments.

This document also describes how we protect the information we collect from you and what choices you have about how this information is used.

We encourage you to read this Privacy Policy carefully so that you understand both our commitment to you and your privacy, and how you can participate in that commitment.

Should you have any questions about this policy or our privacy practices, please emails us on: hello@bennybutton.com.

What personal information we collect

The Company will collect information that identifies you ("personal information") when you voluntarily provide it to us through the use of our Services. For example, when you choose to register via our online survey or participate in our biometric assessment, we may ask you to provide personal information, such as your name, mailing address, telephone number and e-mail address.

We may also collect information that will allow you to establish a username and password. In addition, we also collect biometric and lifestyle related information and we may collect information that you voluntarily provide to us through responses to questionnaires and self-assessments.

A) Internal Uses

We may use your personal information within The Company

·         to provide you with the services and products you request,

·         to assist with your questions about our services, billing (where relevant), payment methods (where relevant) or use of our web site or mobile application,

·         to process or collect payments made in connection with our services to you, and

·         to evaluate our services and products and to conduct customer surveys

·         to improve our services via internal research and development

We may also use your information within The Company, to send you information relating to the company product and your use of it.

B) Your Organisation

On request, we may use your personal information within The Company to produce de-identified group level analytics and reports for your organisation and for the use of your organisation for workplace initiatives. 

C) Disclosure of Personal Information to Third Parties

We will not give, sell, rent, loan or otherwise disclose any personal information to any third party, unless:

·         you have authorised us to do so,

·         we are legally required to do so, for example, in response to a subpoena, court order or other legal process, and/or

·         It is necessary to do so in order to protect and defend the rights or property of this web site. For example, with your consent, we may disclose your personal information to a third-party vendor that we engage to mail your test results to you. We contractually require such third-party vendors and contractors to comply with strict standards regarding security and confidentiality.

·         We may also share aggregate, non-personal information about web site and mobile application usage with unaffiliated third parties. This aggregate information does not contain any personal information about our users.

·         We will not use personal data for marketing purposes unless we obtain your consent.

How We Protect Information Online

Some personal data such as your password will be stored in encrypted form. Please exercise caution when sending information via e-mail, as e-mail messages do not have the security features that are built into our website.

In addition, we have procedures that limit ‘The Company' employees and contractors' access to personal information. Only those employees and contractors with a business reason to know have access to such information. We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures, mandatory training programs, and internal policies on data privacy and corporate integrity. We take appropriate disciplinary measures to enforce employee privacy responsibilities.

How you can access your personal information

If you register or use our Services, you may review and correct, as needed, the registration information you provide by visiting the website.

You are responsible for updating and keeping all your information accurate. Importantly you are not permitted to share your personal information with anyone or allow them to access your personal details and health information.  Please contact us immediately if you believe your personal information has been viewed or accessed by anyone but you at hello@bennybutton.com

Changes to our Privacy Policy

This document is a legally binding contract and we may change this privacy policy from time to time, so please check back often. We will let you know that the policy has been changed by changing the effective date at the bottom of this page. Through this document we will always let you know the information we collect, how we use it, and the circumstances under which such information may be disclosed by us.

Terms of Use

You may use our Services providing you agree to these terms of use. Every time you use our Services, you consent to the collection, use and disclosure of information as described in this policy. If you do not agree to these terms of use, you must not use our Services. If you use our Services you will be deemed to have accepted these terms. Children (less than 16 years of age) are not permitted to use our Services. We encourage our users to be 18 years of age or older, however, if you are under 18 and you use our Services you do so with the permission of your parent of guardian.

Importantly, The Company does not give medical advice and the information we present is for your information only. The Company does not and will not diagnose any medical issue or ailment. The information and educational materials are provided to the user with the aim of helping the user improve their personal health and wellbeing only, the information is not intended to constitute professional advice, diagnosis or treatment.

All biometric and lifestyle information in the user’s personal account may not always be accurate or complete and the user is responsible for the use of this information.

Importantly, we do not recommend, endorse or provide any healthcare or health-related products, items, or services.

The Company reserves the right to change these terms of use by posting any changes on the web site. The new terms will be effective immediately they are posted.

Health Disclaimer

The Company provides Health and Wellness information and content and is intended only to assist users in their personal health and wellness efforts. The Company is not a medical organisation and our staff cannot give you medical advice or diagnosis. Nothing contained in The Companies Website, App, Assessments, data analytics or contained in consultations should be construed as such advice or diagnosis. The information and reports generated by The Company should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified doctor. You are urged and advised to seek the advice of a medical doctor if you are pregnant orhave health concerns before beginning any wellness regime. The Company provides information through various means that is not intended for use by children, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form health and wellness regimen.

Intellectual Property

The Company’s health management programmes, website, diagnostic charts, analytics and all of the related pages, including but not limited to content, software, code, videos, icons, graphics or other material contained either in advertisements or electronically distributed on this web site is owned by The Company and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unauthorised use of any copyrighted materials, trademarks or any other intellectual property without the expressed written consent of the owner is strictly prohibited.

The user of our Services owns all their information associated with the Services and we may use this information in de-identified form for research, population reporting, marketing and promotional documents. 

Communications

We may communicate with you via email, text message or via our mobile app to update you on various service upgrades or related matters including but not limited educational, security, privacy and promotional materials.

Warranties

The Company does not give any warranty, condition, guarantee or representation, express or implied, relating to our Services or the information contained from our Services or linked Services.

Links to third party sites

The Company may, from time to time, let you leave the site to linked sites. The linked sites are not under the control of The Company and The Company explicitly states that it is not responsible for the contents of any linked site. The links are provided for the convenience of members and any such link does not imply endorsement by The Company of the site or of any association with the operators of the site.

Law

These terms of use shall be governed and construed in accordance with Australian law and be subject to the exclusive jurisdiction of the Australian courts. If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms.

Who we are

The Services are owned and controlled by Benny Button Pty Ltd - ABN: 59 616 997 383