This Privacy Policy explains how Sapient Nutrition Pty Ltd (ABN 19 645 588 530) (“vivaLAB”, “we” or “us”) collects, uses, discloses and handles personal information, including all personal information collected via our website at vivalab.health (“Website”).
vivaLAB is committed to protecting the privacy of individuals and is bound by the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (the “Act”). We collect, use, disclose and handle personal information in accordance with the Act and this Privacy Policy.
Personal information is any information about an identified individual or an individual who is reasonably identifiable, whether the information is true or not and whether the information is recorded in a material form or not.
Sensitive information is any personal information about racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health, genetics, biometrics or biometric templates.
vivaLAB may collect sensitive information from you, such as your health information, where it is reasonably necessary for us to provide our services to you. We will only collect your sensitive information with your consent. If you do not consent to us collecting particular information about you, you can choose not to give us that information. However, we may not be able to provide some or all of our services to you without collecting some sensitive information about you.
The types of personal information that we collect and hold about you will depend on the nature of your engagement with us.
The types of personal information we collect about you may include:
Where possible, we will give you the option not to identify yourself (i.e. to remain anonymous) or to engage with us using a pseudonym. However, if we do request your personal information and you choose not to identify yourself, we may not be able to provide you with our services, either to the same extent or at all. We will only ask you to provide us with the information that we need to provide our services to you. Any other personal information you provide to us is done so on a voluntary basis.
We collect and use your personal information for a number of purposes connected with our functions and business activities, which include:
We may also use your personal information for purposes related to those we’ve described above which would reasonably be expected by you, where we have your consent, in order to prevent injury or death, or as permitted by law (including for law enforcement or public health and safety reasons).
We collect personal information in a number of ways, including:
We may use ‘cookies’ and other web technologies to collect information about how website visitors use the Website and to support certain features of the Website. The information collected via these technologies may, but won’t always, identify you personally. For more information about cookies, see our Website Terms of Use [include link to Terms of Use].
We may disclose your personal information to:
We won’t disclose your personal information to other third parties unless you consent, or we are permitted to do so by law.
As noted above, we de-identify personal information before using and disclosing it for research purposes.
Some of the third parties we disclose your personal information to are located outside Australia. The countries where these third parties are located will depend on the circumstances. However in the ordinary course of our business and operations, we commonly disclose personal information to our IT and other service providers which are based (and which host our data in) countries including [insert].
Where we disclose your personal information to a third party outside Australia, we will take such steps as are reasonable in the circumstances to ensure that your personal information is protected and is handled by that third party in accordance with applicable privacy laws.”
You may request access to any of the personal information we hold about you by contacting us as specified below. We may require you to verify your identity and specify what information you require. We reserve the right to charge a reasonable fee for the costs of retrieval and supply of any requested personal information.
There will be occasions we cannot grant you access to the personal information we hold. Such occasions include where release of the information would have an unreasonable impact on the privacy of others, or where the release may result in a breach by us of confidentiality or another legal obligation. If this occurs, we will give you reasons for any refusal of access.
We will take all reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up to date. To ensure your personal information is accurate, please notify us of any errors or changes to your personal information and we will take appropriate steps to update or correct such information in our possession.
If you register your name and email with us, we may send you emails from time to time about our products and services. You may opt-out of receiving these communications from us at any time by using any of the opt-out links provided in the communications or by contacting us using the details provided below.
We will take all reasonable precautions to safeguard your personal information from loss, misuse, unauthorised access, modification, disclosure or destruction.
One of the key ways that we do this is by storing your health information separately from the other personal information that we hold about you (including your name). The way we link your health information to your other personal information across the separate databases is via a unique code. None of our contracted service providers are able to access both databases – only we are able to use the unique code to connect the information.
We also implement a range of physical and electronic security measures to protect the personal information that we hold, including:
Our Website may contain links or references to other websites to which this Privacy Policy may not apply. You should check the privacy policies published on any such websites before providing your personal information.
In the event of any loss or unauthorised access or disclosure of your personal information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable in accordance with the Act.
If you have any questions or concerns about our collection, use or disclosure of personal information, or if you believe we have not complied with this Privacy Policy or the Act, please contact us as set out below. Our Privacy Officer will investigate the complaint and determine whether a breach has occurred and what action, if any, to take.
vivaLAB will take any privacy complaint seriously and will aim to resolve any such complaint in a timely and efficient manner, and our target response time is 30 days.
We expect our procedures will deal fairly and promptly with your complaint. However, if you remain dissatisfied, you can also make a formal complaint with the Office of the Australian Information Commissioner (OAIC):
Phone: 1300 363 992
Mail: Director of Compliance
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Email: www.oaic.gov.au
If you have any questions or concerns about this Privacy Policy or our information practices, please contact us at: customer.service@vivalab.health
Our Privacy Policy may change from time to time as updated on this Website.
This Privacy Policy was last updated September 2022.
