Privacy Policy

Introduction

The Healthbox NZ Ltd, trading as Healthbox, (we, us, our) complies with the New Zealand Privacy Act 1993 (the Act) when dealing with personal and health information. Personal information is information about an identifiable individual. Health information is information about an individual that can be attributed to an identifiable individual.

This policy sets out how we will collect, use, disclose and protect your personal information. This policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see www.privacy.org.nz.

Changes to this policy

We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.

Who do we collect your personal and health information from

We collect personal information about you from:

You, when you provide personal or health information to us, including via the website and any related service, through any registration, assessment or subscription process, through any contact with us (e.g. a telephone call or email), or when you buy or use our services and products.
Third party software services where you have authorised this or the information is publicly available.
Third party software services for the sole purpose of providing Healthbox services and products. A full list of third-party services and their privacy policies can be provided on upon request by emailing info@healthbox.co.nz.

How we use your personal information

We will use your personal information:

To verify your identity
To provide services and products to you
To market our services and products to you, including contacting you electronically (e.g. by text or email for this purpose)
To improve the services and products that we provide to you
To undertake credit checks of you (if necessary)
To bill you and to collect money that you owe us, including authorising and processing credit card transactions
To respond to communications from you, including a complaint
To conduct research and statistical analysis (on an anonymised basis)
To protect and/or enforce our legal rights and interests, including defending any claim
For any other purpose authorised by you or the Act.

Disclosing your personal information

We may disclose your personal information to:

Any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or other services and products
Other third parties (for anonymised statistical information)
A person or legal entity who can require us to supply your personal information (e.g. a regulatory authority)
Any other person authorised by the Act or another law (e.g. a law enforcement agency)
Any other person authorised by you.

Businesses that support our services and products can be located outside New Zealand. This can mean your personal information is held and processed outside New Zealand.

Protecting your personal information

Healthbox takes all reasonable steps to ensure that the information it collects is securely safeguarded against loss, unauthorised access, use, modification or any other misuse. Despite taking all reasonable steps, Healthbox does not guarantee that information will not be the subject of unauthorised access, loss or misuse.
Healthbox retains information about an identifiable individual in accordance with the applicable laws, regulations, codes, standards and guidelines. Healthbox does not hold information for longer than is required for the purposes for which the information may lawfully be used.
Healthbox may, at its discretion, notify you if information has become available to unauthorised individuals or organisations. Healthbox reserves the right not to notify an affected individual if circumstances are such that notification is not warranted and/or appropriate.

Accessing and correcting your personal information

Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

If you want to exercise either of the above rights, email us at info@healthbox.co.nz. Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).

We may charge you our reasonable costs of providing to you with copies of your personal information or correcting that information.

Internet use

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you post your personal information on any website message board/chat room, you acknowledge and agree that the information you post is publicly available.

If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site’s privacy policy before you provide personal information.

Healthbox uses third-party tracking services on our website and I.T. services to enhance the usability of our website and I.T. services.

Terms and Conditions

1. Application of Terms

1.1 These Terms apply to your use of the Website and Healthbox services or products. By accessing and using the Website and Healthbox services or products:
a. You agree to these Terms; and
b. Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2 If you do not agree to these Terms, you are not authorised to access and use the Website or Healthbox services and products, and you must immediately stop doing so.

2. Changes to this policy

2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

‍2.2 We may change, suspend, discontinue, or restrict access to, the Website and Healthbox services or products without notice or liability.
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2.3 These Terms were updated on 23rd July, 2018.

3. Definitions

In these Terms:

Including and similar words do not imply any limit.
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
health information means information regarding an identifiable, living person that relates to their health. For example a person's blood pressure.
Terms means these terms and conditions titled Terms and Conditions
Underlying System means any network, system, software, data or material that underlies or is connected to the Website or Healthbox services and products.
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means The Healthbox NZ Ltd (Healthbox)
Website means www.healthbox.co.nz and any URLs supplied during Healthbox services.
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4. Your Obligations

4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

‍4.2 If you are given a User ID, you must keep your User ID secure and:
a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to info@healthbox.co.nz.

4.3 You must:
a. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b. unless with our agreement, access the Website or Healthbox internet-based services and products via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

‍4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
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4.6 You explicitly agree to our Privacy Policy, which outlines all data collection, storage and how we use your data through your use of the Website or Healthbox services and products.

5. Intellectual Property

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

6. Disclaimers

6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
           a. the Website or Healthbox services and products being unavailable (in whole or in part) or performing slowly;
           b. any error in, or omission from, any information made available through the Website or Healthbox services and product;
           c. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website or Healthbox services and product. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website or Healthbox services and products protects you from this; and

d. any site linked from the Website or Healthbox services and products. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

6.2 We make no representation or warranty that the Website or Healthbox services and products are appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

7. Liability

7.1 To the maximum extent permitted by law:
a. you access and use the Website or Healthbox services and products at your own risk; and
b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website or Healthbox services and products, or your access and use of (or inability to access or use) the Website or Healthbox services and products. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, we do not offer financial compensation.

7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website or Healthbox services and products, or your access and use of (or inability to access or use) the Website or Healthbox services and products, we do not offer financial compensation.

8. Suspension and Termination

8.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

8.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

9. General

9.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

9.2 These Terms, and any dispute relating to these Terms, the Website or Healthbox services and products, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, the Website or Healthbox services and products.

9.3 For us to waive a right under these Terms, the waiver must be in writing.

9.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.

9.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

9.6 These Terms set out everything agreed by the parties relating to your use of the Website or Healthbox services and products and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website or Healthbox services and products that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.