Air Liquide Healthcare Pty Ltd
 
Legal Notice
My Vitality Club® Website Terms and Conditions

Welcome to My Vitality Club®.

In these terms and conditions, the terms «we », «us» and «our» are a reference to AIR LIQUIDE Healthcare Pty Ltd ACN 002 653 045 (ALH).

This website is owned by ALH and is designed to assist our customers to better manage their continuous positive airway pressure therapy (Website).

These terms and conditions (which incorporate our Privacy Statement below) apply to your use of this Website, including entries made by you. By using this Website, you agree to be bound by these terms and conditions and must register your acceptance by clicking to agree in the tab below.

You must indemnify us against any claim by a third party arising out of a breach of these terms and conditions either by you or a person using your password or ID.

If you do not accept these terms and conditions, your application to be a member of My Vitality Club® cannot be accepted.

Amendments to Terms and Conditions

ALH reserves the right, at our discretion, to modify, supplement or remove parts of these terms and conditions, including the Privacy Statement, at any time. Amendments will be effective immediately upon notification on this Website. Because of this you should read these terms and conditions every time you access the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Membership of My Vitality Club®

To become a member of My Vitality Club® online you must be over the age of 18 and complete your registration details in the manner described on the Website. Membership is free, but not transferrable.

By registering as a member and using this Website, you agree:

  • You are responsible for protecting the confidentiality of your password and you will not authorise any other person to use your password or your computer to access the Website; and
  • You acknowledge that we are not responsible for any information or material submitted by you, other than in accordance with the Privacy Statement; and
  • Any material you post on this Website may be removed by us without notice at any time; and
  • You acknowledge that some promotional services may already be covered through Private Health Insurances including the Department of Veterans’ Affairs.

Using the Website

ALH grants to you a non-transferrable, non-exclusive license to access, download and use this Website solely for your personal use. We may in our sole discretion add, delete, or change some or all the services included within the Website at any time, or terminate this license. All materials, including but not limited to the configurations, displays, screens, and all information appearing on or displayed in connection with or contained by ALH on this Website are protected under applicable laws.

ALH owns, reserves and retains all proprietary rights, including copyrights, to this Website and its materials. The trademarks, service marks, trade names, logos and other indications of origin, including but not limited to, ALH's domain name, displayed on this Website are registered and unregistered trademarks of ALH or a third party who has granted ALH a right to use them in this site.

Nothing contained in this Website should be construed as granting you any licence or right to use any trademark displayed on the site without the written permission of ALH or such third party. ALH and/or third-party content providers remain the owners of the information on this Website. Your license to use the Website is personal to you, and you do not acquire any of those ownership rights by printing or downloading any of the information or making use of the functionalities of the Website.

You agree that you must take your own precautions to ensure your access to the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference that could damage your computer, and we accept no responsibility, and are not liable to you, for any interference or damage to your computer system which arises in connection with your use of our Website.

Information Service

All information provided by us on the Website is provided in good faith and with due skill and care. We provide you with access to your personal information which you have supplied us (Personal Information). We also compile and make available information connected with continuous positive airway pressure therapy from publicly available sources (Material), which we believe to be accurate and up-to-date at the time of publication.

You accept that any Material we provide on this Website is general in nature. It is NOT in the nature of legal, medical or professional advice and is NOT fit for that purpose. You acknowledge that the Material is for evaluative purposes only and is not intended to be relied upon by, or to create any warranty to, any visitor to the Website or any other person. In particular, you should make your own enquiries and seek independent advice from relevant medical, health or other competent industry professionals before acting in reliance on the Material posted on this site. To the extent permitted by law, we are not liable to you or any third party for any loss resulting from any action taken in reliance on any Material posted by us.

You are authorised to print a copy of any Personal Information or Material contained on this Website for your personal use, unless such printing is expressly prohibited. You must not adapt, reproduce, store, distribute, transmit, publish or create derivative works from any downloaded or printed Material, or use it in an unlawful way. You may not, without our permission, use any Material on this Website on any other website or networked computer environment, or sell or otherwise commercialise any Material on this Website.

Internet Commerce and Security

ALH is committed to securing data collected on our Website. We offer the industry standard security measures available through your browser called Secured Socket Layer ('SSL') encryption. Our SSL server encrypts information before sending it to us. In addition, at several points within our site we highlight specific security information by displaying the appropriate symbol. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be absolutely secure. We strive to protect your Personal Information by implementing these security precautions, but we cannot ensure or warrant the security of any information you transmit to us or from our online products or services. You do so at your own risk. If at any time you would like to make a purchase, but do not want to provide your credit card information online, you may place an order 'on account' (providing credit approval has been previously applied for and granted by ALH). Alternatively, you may always contact a sales representative over the telephone. Simply use our 'contact us' feature to select the applicable location and ALH contact for you.

Cookies

We use 'cookies' to help us provide you with a high quality experience. Cookies are text information files that your web browser places on your computer when you visit a Website. Such cookies and other devices allow us to store information about your computer. Among other things, such devices remind us of who you are and help to customise the content and promotions or newsletters delivered to you. However, please be assured that third parties will never have access to your Personal Information through our use of cookies. ALH has no desire or intent to infringe on your privacy when you use the ALH Website. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

General

Australian law will govern these terms and conditions of use. The NSW Courts have the jurisdiction to judge any claim related to the use of this Website. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless remain in full force.

 

ALH PRIVACY STATEMENT

The privacy and the security of your information are important to us. We are committed to complying with the Privacy Act 1988 (Cth), the Australian Privacy Principles (“APPs”) and other privacy legislation. We will not willfully disclose individually identifiable information about you to any third party otherwise than in accordance with this Privacy Statement. We take all reasonable steps to protect your Personal Information.

• Collection of information

ALH only asks for specific types of personal information either in hard copy (when we collect prescriptions, information for respiratory therapy assessment, etc.) or online. In a few areas on our Website, including order fulfilment and online customer support tools, we ask you to provide information that will enable us to enhance your site visit, to assist you with technical support issues or to follow up with you after your visit. Unless the requested information is required for order fulfilment, it is completely optional for you to participate. We may ask for your name, e-mail address, phone number, address, customer preference information, as well as other similar personal information that is needed for registration or subscription to our services or offers.

You may choose to provide us with sensitive information, such as height and weight, health information, family history, etc. for the primary purpose of assisting you to evaluate your therapy management and progress, using the interactive tools on the Website. Generally, we will tell you why we are collecting the information and how we plan to use it, or these issues will be obvious when we collect the information. You may choose not to provide this information, in which case we may not be able to provide you with the full range of the My Vitality Club® services on the Website.

• Storage of information

Personal information is stored and held in a combination of hard copy and electronic files maintained by ALH. Personal information is only accessible by officers, agents and employees of ALH and its related companies, unless it is disclosed to another party in accordance with this Privacy Statement.

• Use of Information

ALH only uses your Personal Information for specific purposes. The information you provide will be kept confidential and used to support your relationship with ALH. ALH may enhance or merge your information collected on its Website with data you have previously provided to us in hard copy. You agree that we may use your Personal Information to determine the demographics of our users for statistical purposes. If we do this, your information will be de-identified. Any information will be aggregate, and never identify a specific user. With your consent, we may share your Personal Information with our related companies in order for us to better market products and services to you. You can opt-out of receiving marketing from ALH at any time by contacting ALH’s Reception on 02 9364 7474 and requesting to be transferred through to the Marketing Department, or by emailing a request to alhenquiries@airliquide.com.

• Disclosure of Information

ALH will not disclose your Personal Information to any third party without your consent. Similarly, we will not sell any information we collect about you.

However, we may disclose your Personal Information for the purpose specified to you at the time of collection (primary purpose), or for other purposes (secondary purpose) if:

  • you would reasonably expect us to disclose such information for that secondary purpose, and the secondary purpose is:
    • if the information is sensitive information – directly related to the primary purpose; or
    • If the information is not sensitive information – related to the primary purpose; or
  • the use or disclosure of the information is required or authorised by law, or by a court / tribunal order; or
  • a permitted general situation exists in relation to the use or disclosure of the information; or
  • a permitted health situation exists in relation to the use or disclosure of the information; or
  • it is necessary to lessen or prevent a serious threat to any individual’s life, health or safety, or to public health or safety; or
  • you have consented to the disclosure; or
  • we reasonably believe that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

For example, we may disclose and/or provide access to your information, including your medical information, to your physician or physicians. You acknowledge that this use and disclosure of your Personal Information is reasonably expected by you and is related to the purpose for which we collect your Personal Information.

• Access to Information

We will take reasonable steps to ensure that your Personal Information which we collect, use or disclose is complete and up-to-date.

You may access the Personal Information we hold about you on our Website. You can also access your Personal Information by contacting ALH on 1300 36 02 02 , or by emailing a request to alhenquiries@airliquide.com. You can ask us to correct or delete Personal Information. We will respond to your request within a reasonable period after the request is made, and give you access to the information in the manner requested, if it is reasonable and practicable to do so. We may charge you reasonable costs incurred in providing access to your Personal Information.

If you request a correction to your Personal Information, we will take such steps (if any) as are reasonable in the circumstances to correct that information to ensure the information is accurate, up to date, complete, relevant and not misleading.

We reserve the right to refuse your request for access or correction if we are legally entitled to do so. If we deny access to your Personal Information, or we refuses to correct the Personal Information, we will give you a written notice that sets out:

  • the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and
  • the mechanisms available to complain about the refusal.

• Information that is no longer required

If ALH no longer needs the Personal Information for any purpose for which it may use or disclose the information (eg. if the primary purpose for collection is no longer relevant) and the information is not otherwise required to be kept under an Australian law or court order, ALH will take reasonable steps to destroy or permanently de-identify the information.

• Complaints and Further Information

If you would like further information about our privacy practices or have a complaint, please contact ALH’s Reception on 02 9364 7474 and request to be transferred to the Marketing Department, or email a request to alhenquiries@airliquide.com. We will respond to your query or complaint within a reasonable time. If you are not satisfied with our response, you may also contact the Office of the Australian Information Commissioner on 1300 363 992.

Cross-border disclosure of Personal Information

ALH may disclosure personal information to overseas recipients, including Air Liquide Industrial Services Pte Ltd (an entity incorporated and based in Singapore) which stores personal information disclosed by ALH. Air Liquide Industrial Services Pte Ltd provides services to ALH, including web hosting services and network administration services.

ALH may enter into agreements with third party cloud providers based in overseas countries. The country in which the overseas recipients are likely to be located is Singapore.

When disclosure is to be made to a known overseas entity, ALH will take reasonable steps to assess the privacy laws of the country where information will be disclosed to determine whether the overseas recipient is required to comply with privacy laws that are at least as stringent as the APP requirements in relation to information. ALH may enter into a written contract with the overseas recipient to enable the company to enforce protection of the Personal Information that it provides to the overseas recipient, and ensure that the overseas entity does not breach the APPs.




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