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Privacy & Terms and Conditions - My Heart My Life mobile app

My Heart My Life Mobile Application Privacy Information

Last updated: 25 May 2020

Our agents and their hosting service will not have access to the information entered by You.  The App does record certain de-identified information for analytical purposes: this information includes, but is not limited to: the time You spend on each screen within the App, how much time You spend in the App and which parts of the App You utilise.  GPS data can also be captured if you have location services activated on your device.

Privacy Statement

Your Personal Information is being or has been collected by the National Heart Foundation of Australia ABN 98 008 419 761 (Heart Foundation, we, us, our) to facilitate services requested by you and /or to keep you informed about Heart Foundation related activities. We respect your privacy and embrace the principles contained in the Privacy Act. We may contact you in the future for the promotion of heart health messages and programs, research, fundraising purposes and invitations to events.  If you attend our events you may be photographed or filmed and images &/or audio may be used in various mediums to promote the Heart Foundation.   Please tell event staff if you do not wish to be photographed or filmed.  Personal details may be provided to third parties where required by law or for the purpose of facilitating services contracted by us, in so doing your personal information may be disclosed to overseas recipients.  Further information is available in our Privacy Notice or on request.  Communications from us may include mail, email, social media, SMS or telephone contact and may also include messages on behalf of event sponsors and other third parties. By providing your information to us you agree that you have provided your indefinite consent to this contact.  You may withdraw consent at any time though in doing so we may not be able to provide you with services requested. The Heart Foundation will not disclose your information to any third party for their marketing purposes.

If you do not want to receive further communication from us (other than information that relates to this service) or if you have any questions about privacy please contact our Privacy Officer via GPO Box 9966 in your capital city, privacy@heartfoundation.org.au or by calling 13 11 12.  Our APP privacy policy is set out in our Privacy Notice and details how you may complain about privacy issues and how we would deal with that complaint.  It also explains how you can access, correct or update information we hold about you. A copy of our Privacy Notice is available at www.heartfoundation.org.au or on request.  [HFPS01-190107-E]

My Heart My Life Mobile Application Terms & Conditions of Use

Last updated: 25 May 2020

Acceptance of Terms & Conditions of Use

By downloading, installing or using the My Heart My Life Application (the App) you (You, Your, User, and End User) agree to abide by these Terms & Conditions of Use (Terms). The Heart Foundation may, without notice, amend or modify its Terms by posting the amended Terms to this App.

If any of these Terms is found to be invalid or unenforceable, that invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.

IMPORTANT NOTICE

The information provided in this App does not constitute or replace professional medical advice. Do not use the App to diagnose or treat Your own or another person’s medical condition, and never ignore medical advice or delay seeking it because of information provided in the App.  Health care providers should rely on their own expertise and enquiries when providing medical advice or treatment. Information about medicines changes over time and so the information in this App may not be accurate at the time You access it.  Whilst due care and skill has been taken in the preparation of the content contained in this App, the Heart Foundation, its employees, related parties, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators,  make no representations regarding the accuracy, currency, completeness or reliability of the information provided and do not accept any liability, including loss or damage, resulting from the reliance on any of the content contained in this App, except to the extent that liability cannot be excluded under the law. 

About this App

This App has been created to help You: manage Your medicines, record and monitor Your health statistics including blood pressure and cholesterol, learn about heart attack warning signs and find healthy recipes.

Data charges

This App is made available to You free of charge for use on Your mobile device, however You may be charged standard rates or fees by wireless or telephone carriers or other parties that are not related to the Heart Foundation, for the download and use of the App.

Security

The Personal Information entered into this App will be stored on our agent’s servers, and made available on other mobile devices You have downloaded the App on.  Our agent’s servers are based in Australia however they are in hosted by Amazon Web Services and though stored “in the cloud” the security of Your information is governed by Australian law.  You are responsible for maintaining the security of Your mobile devices, including but not limited to: ensuring You are using the latest version of the App; ensuring all operating systems and security software is the most up to date version available; maintaining security and confidentiality of any personal identification numbers, account details, passwords and similar that are used on the mobile device; and maintaining the physical security of Your mobile device.

Ownership

This App is owned and operated by National Heart Foundation of Australia ABN 98 008 419 761.

Intended audience

All information provided via this App has been prepared in accordance with Australian law, and is intended for use by residents of Australia. Persons residing outside of Australia use this App at their own risk, and should take into consideration the legislative requirements of their country of residence when accessing this App.

Restrictions on Use

All information provided via this App has been provided for personal and non-commercial use. It is general information only, and should not be relied upon in lieu of professional medical advice.

Please consult Your health care provider if You have, or suspect You have, a health problem.

The information in this App has been obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Where the health information provided has been developed by the Heart Foundation, whether in its own right or in conjunction with any third party, that information is based on independent research and the available scientific evidence at the time of writing. Inclusion of information in this App or links to third party sites is not an endorsement of any organisation, product or service.

While care has been taken in preparing the content of the health material and any other information provided in this App, the Heart Foundation and its employees, related parties, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators cannot accept any liability, including for any loss or damage, resulting from the reliance on the content, or for its accuracy, currency and completeness.

Any use of Heart Foundation materials or information by another person or organisation is at the user's own risk.

Intellectual Property

All Heart Foundation logos and program names are used under licence by the Heart Foundation, or are owned by the Heart Foundation, unless otherwise stated.

All content available via this App including logos, brand names, text, photographs, information, statistics, images and other material is protected by copyright, trademark and intellectual property laws in Australia.

The Heart Foundation logo must not be reproduced or used in any way unless the Heart Foundation provides its prior approval in writing.

Reproduction of any part of this App without the express permission of the Heart Foundation is illegal unless otherwise indicated. Where reproduction is permitted, only one copy of the material may be made, and that copy may only be used for personal or non-commercial purposes. Where reproduction is permitted You must not amend or edit the material in any way, and the Heart Foundation asserts its right to be recognised as the author.

Indemnity, Disclaimer & Limitation of Liability

Whilst due care has been taken in the preparation of the content of this App We make no representations regarding the accuracy, currency or reliability of the information provided unless otherwise indicated, and note there may be errors, omissions and typographical errors contained in the material provided.

This App and the material it contains are provided on an as-is basis, and to the fullest extent permitted by law We disclaim all warranties. In addition We do not warrant that this App is error free or that the App and/or the servers it is hosted on are free of viruses, Trojans or other malicious software.

The Heart Foundation and its employees, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators will not be liable for any loss or damage other than that which cannot be excluded by law arising as a result of use of this App or reliance on any information provided via this App.

You agree to indemnify the Heart Foundation including its employees, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators from any loss or damage which it may suffer as a result of Your use of this App.

Use of the App

When You use the App and the content, in addition to Your responsibilities listed above under “Security” You are solely responsible for:

  1. Any damage to Your device, and any loss or corruption of information that You store in the device that results from the use of the App or content or the interaction of the App or content with other applications or programs that You may download or use.
  2. Maintaining the security and confidentiality of any personal identification numbers, account information, passwords and the like related to Your use of the App or content.
  3. Maintaining the security and confidentiality of Personal Information that You store on Your device. "Personal Information" is information that alone or in combination with other information, identifies You or can be used to identify You or Your personal characteristics, such as Your name, contact information or information about Your health that is collected and/or transmitted by the App.

When You use the App and the content, You may not:

  1. Modify, edit, improve, resell, reverse engineer, change or otherwise interfere with the operation of the App in any way.
  2. Engage in systematic copying and widespread distribution of content to the public.
  3. Violate these Terms & Conditions of Use.

Heart Foundation Programs & Merchandising

The Heart Foundation runs various programs, events and functions including but not limited to: Jump Rope for Heart and Heart Foundation Walking. Should You choose to participate in or attend any of these programs or events You do so at Your own risk. Should the program or event You choose to participate in involve physical exertion or exercise, We recommend You consult Your health care provider prior to commencement to determine the suitability of Our program/event to Your level of fitness.

Heart Foundation programs and events may have their own specific terms and conditions, which are separate and in addition to these Terms. Where an inconsistency exists between the program/event Terms & Conditions and these Terms, the program/event Terms & Conditions will prevail.

The Heart Foundation may from time to time make available for purchase on its website/s or via this App certain Heart Foundation merchandise (including but not limited to booklets & brochures, cook books, apparel, umbrellas, skipping ropes and personal accessories).

Under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) a number of Consumer Guarantees may attach to goods purchased from the Heart Foundation from 1 January 2011 onwards. Should You have any queries or concerns regarding goods purchased from the Heart Foundation please contact Our Customer Service Officer on 1300 30 56 58 or email health@heartfoundation.org.au.

Unless otherwise provided for, We expressly limit Our liability for breach of a consumer guarantee to the provision of a full refund of the purchase price, or the repair or replacement of the goods or supply of equivalent goods at Our sole discretion.

All prices listed in this App include GST where it is applicable.

Hyperlinks, Advertising, Sponsors & Third-Party Content

This App may contain the content of third parties (Third Party Content). This content may include, but is not limited to hyperlinks to external (third party) websites, paid advertisements and mention of program sponsors. None of these things is to be taken as an endorsement, recommendation or approval of the third party, advertiser or sponsor or their products or services. The Heart Foundation accepts no responsibility for the accuracy, currency or suitability or otherwise regarding Third Party Content. Any use or reliance on such content is at Your own risk and the Heart Foundation does not accept liability for any loss, damage, costs or expenses arising as a result of the use or reliance.

The Heart Foundation does not endorse or recommend any brands, products (including medicines), test treatments or procedures, mentioned in this App or the content. Reference to brands, products, tests, treatments or procedures is for the purposes of providing information only.

Where hyperlinks to third party websites are provided, the Heart Foundation makes no claims regarding the suitability or otherwise of the third party’s products or services to Your needs, nor does it warrant the third party website is free of viruses, Trojans or other malicious software.

Should You have any queries, concerns or complaints regarding a third party’s website please refer Your query, concern or complaint to the third party.

The Heart Foundation logo must not be reproduced or used in any way unless the Heart Foundation provides its prior approval in writing.

Contact Details

Should You have any queries or concerns regarding this App please contact health@heartfoundation.org.au


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