KOA Kids Pty Ltd (ABN 51 672 590 439) of 28 Moncur Street, Woollahra NSW 2025 (“KOA” “us”, “we”, “our”) is committed to protecting your personal privacy. This Privacy Policy tells you how we collect, store, use and disclose your personal information.
Our Privacy Principles
We are bound by the Australian Privacy Principles (“APPs”) in the Privacy Act 1988 (Cth) (“Privacy Act”) when handling personal information, together with the Health Privacy Principles (HPPs) in the Health Records and Information Privacy Act 2002 (NSW) (“HRIP Act”) when handling personal information which is health information and the General Data Protection Regulation (“GDPR”) to the extent it applies.
Personal information includes personal data (as defined in the GDPR) and means any information or opinion, whether true or not, about a natural person who is identified or reasonably identifiable (“Personal Information”).
Personal Information we collect
In order to provide our customers and consumers with our products and services (“Products”, “Services”), we may collect and use Personal Information about them. If we are not provided with all the Personal Information we request, we may not be able to supply our Products to you, and you or your organisation may not be able to participate in future offers of Products which we supply.
The type of Personal Information we may collect will depend on who you are (e.g. a client or third-party service provider) and the nature of your interaction with us and may also include health information. We may ask for your full name, email address, postal or residential address, age, weight, gender, any medical conditions, allergies or intolerances, nutritional supplement use, billing information and other Personal Information.
We may collect or store Personal Information which is health information. Health information includes any information collected about your health or disability, and any information collected in relation to a health service you have received (“Health Information”). We collect Health Information from customers for the purposes of providing purchased dietary advice or meal plans or keeping a record of the Products you have purchased from us.
We may collect or store Personal Information which is sensitive information. Sensitive information (as defined in the Privacy Act) includes information about ethnic origin, religious beliefs or health (“Sensitive Information”). Where we are required to and able to do so, we will ask for your consent before collecting your Sensitive Information and let you know the purpose at the same time.
How we collect Personal Information
We may collect information through the KOA website located at website https://koakids.com.au (“Website”) or in the course of the sale and distribution of our Products in person, verbally or in writing from time-to-time.
We collect Personal Information:
from our customers – when they register on our Website, request an assessment for the purposes of dietary advice, purchase a nutritional plan or nutritional Products, or otherwise in the course of providing our Products at any other time from time-to-time;
when we receive enquiries through the Website or when the Website is otherwise accessed or used;
when we receive enquiries via email; and
from third party service providers – when they are engaged to supply services to us (such as professional services), provide information to us or invoice us for the provision of services.
Consent
By interacting with us, whether by registering on our Website, using its features, providing information or documents, or otherwise engaging with our Products, you freely give your specific and informed consent to us collecting, using and disclosing your Personal Information (including Health Information) for the purposes specified in this Privacy Policy.
TCPA Compliance:
Text Marketing and notifications:
By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.
GDPR Compliance:
Text Marketing Terms and Conditions:
We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions.
By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.
Your phone number, name, and purchase information will be shared with our SMS platform "SMSBump Inc, an European Union company with an office in Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery.
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.
How we use Personal Information
We may use any Personal Information collected (excluding Health Information and Sensitive Information) to provide our Products, operate the Website, send you our newsletter, respond to feedback and complaints, communicate with third party service providers, develop new Products, or if needed, to enforce our Terms and Conditions with you. If you are a third-party service provider, we will use your Personal Information to email you to accept your offer to provide services, correspond with you in relation to the provision of services and to pay your invoices.
In all cases, unless you have opted out, you consent to us using your Personal Information (excluding Health Information and Sensitive Information) for direct marketing purposes by us alone in order to tell you about our Products. We may contact you by mail, telephone, email or SMS to market our Products. We will always give you the opportunity to opt out of receiving any future direct marketing correspondence.
How we use Health Information and Sensitive Information
We comply with the HPPs and the GDPR in the collection, use and disclosure of all Health Information.
We collect your Health Information and Sensitive Information:
from our customers when they request an assessment for the purposes of dietary advice, or purchase a meal plan or associated package;
as necessary for the provision of our Services, but only as necessary for the provision of our Services, or as otherwise in accordance with your consent, or as may be required by law including Court order;
only from you (or from someone authorised by you) (including your caregiver if you have one);
with care, taking reasonable steps to ensure your information remains confidential and that any persons we disclose it to in accordance with this Privacy Policy are also required to keep it confidential;
with accuracy, on the basis that you may at any time request a copy of the Health Information that we hold by emailing us at support@koakids.com.au. In the event our records are found to be inaccurate, we will rectify any inaccuracies on the basis of the further information you provide.
Data security, protection and quality
We take all reasonable steps to secure any Personal Information we collect and hold from loss, misuse or unauthorised alteration.
Please ensure that your details are accurately provided. If at any point you believe that the information we have about you is inaccurate, incomplete, out of date or misleading, please contact us and we will take reasonable steps to correct the information.
We have procedures for monitoring the security and safety of data as well as procedures in place for dealing with any data breaches, and the associated requirements of notifying you and appropriate authorities where the security of your Personal Information is breached.
To help us protect your privacy, you should maintain the secrecy of the user names and passwords you use to access and use our Website.
We may take steps to destroy or permanently de-identify information when it is no longer needed for any purpose for which it may be used or disclosed. We may retain and use de-identified information.
We are not responsible or liable for the security of data sent via the interent.
Disclosure
We may disclose Personal Information (excluding Health Information and Sensitive Information) to third parties for purposes associated with your purchase of our Products and to third party service providers we engage to help us deliver our Services.
We may use Personal Information (excluding Health Information and Sensitive Information) to advise you of new Products and marketing initiatives that we think may be of interest to you. If you prefer not to receive information about our Products, you can contact us at support@koakids.com.au.
We may contact you from time to time for market research purposes. We may contact you by email, phone, fax or mail.
We will only disclose Personal Information to additional third parties with your consent or if permitted or authorised to do so by law.
Some places outside of Australia may have inadequate data protection laws or may offer differing levels of protection of Personal Information which are not as high as in Australia. We agree only to use data processers who provide sufficient guarantees and that they will implement appropriate technical and organisational measures that ensure compliance with the GDPR and protect the rights of the data subject, and only to third parties who agree to comply with this Privacy Policy.
Your right to erasure
To the extent which it applies, the right to erasure (which encompasses the ‘right to be forgotten’) gives you a right to require us to delete your Personal Information in certain circumstances, or to return it to you including, but not limited to where your Personal Information is no longer necessary for the purpose for which it was collected, or where you withdraw your consent and there is no other legal ground for processing your data. If you wish to have your Personal Information erased or returned to you please notify us at support@koakids.com.au.
Access, correction and complaints
You can request, and we will provide you with access to, and a copy of any Personal Information we hold about you (including any Health Information) (subject to any applicable legal exceptions). Please also let us know if you have any concerns or complaints about the way we are handling your Personal Information so we can address them. Requests should be submitted by email to support@koakids.com.au. Where our records are found to be inaccurate, or if you wish to modify the Personal Information we hold about you, we will promptly make these changes on the basis of the further information you provide.
Transfer in certain circumstances
If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of us, in our sole discretion, we may transfer, sell or assign Personal Information that we have collected to relevant third parties, subject always to this Privacy Policy.
Changes to this Privacy Policy
This Privacy Policy forms part of our Terms and Conditions and therefore the agreement between you and us (either in your capacity as a client or a third-party service provider). We may, from time to time, amend this Privacy Policy, in whole or part, in our sole discretion. Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy on the website found at http://www.koakids.com.au. Depending on the nature of the change, we may announce the change on the http://www.koakids.com.au homepage or by email (if we have your email address). However, in any event, by continuing to use the Website and/or our Service following any changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as amended from time to time, in whole or part, you must terminate your use of the Website and inform us immediately prior to any further receipt of our Services.
Our Website
https://koakids.com.au
Cookies
We may use “cookies”; technology to store data on your computer using the functionality of your browser. Many websites do this because cookies allow the website publisher to do useful things like find out whether the computer has visited the website before.
You can modify your browser to prevent cookie use – but if you do this our Service (and our Website) may not work properly. The information stored in the cookie is used to identify you. This enables us to operate an efficient service and to track the patterns of behaviour of visitors to our Website.
In the course of serving advertisements to our Website (if any), third-party advertisers or ad servers may place or recognise a unique cookie on your browser. The use of cookies by such third-party advertisers or ad servers is not subject to this Privacy Policy, but is subject to their own respective privacy policies.
Contact us:
If you have any questions about this Privacy Policy, or if you wish to request access to your Personal Information, correct or update you details or raise any privacy concerns you may have, please contact us at support@koakids.com.au.
For further information on your privacy rights go to: www.privacy.gov.au For further information on the HRIP Act, go to:
http://www.ipc.nsw.gov.au/hrip-act
http://www.ipc.nsw.gov.au/sites/default/files/file_manager/FS-HPPs-for-agencies-May14-ACC_0.pdf
For further information on the GDPR, go to:
https://ec.europa.eu/info/law/law-topic/data-protection_en