Privacy Policy
1. HELENA HEALTH PRIVACY POLICY
Helena Health New Zealand Limited and its subsidiaries (“Helena Health”) are committed to protecting your privacy. This Privacy Policy sets out the basis on which Helena Health collects information from you and also the basis on which any such information collected from you is dealt with.
By accessing:
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(a) The Helena Health website at www.helenahealth.com (“Website”);
(b) Any other Helena Health website, page or application used to gather your details or send you email notifications relating to Helena Health and its products; or
(c) Any other social media website or page, containing pages or content established by or associated with Helena Health, including but not limited to:
(i) Facebook and
(ii) Instagram (“Social Media”)
(each of (a), (b) and (c) are collectively referred to as the “Internet Sites”).
You are deemed to have read and agree to be bound by this Privacy Policy. If you do not accept the terms of this Privacy Policy, you must not access the Internet Sites.
2. TERMS AND CONDITIONS
As well as this Privacy Policy, the Terms and Conditions of Use (“Terms and Conditions”) for the Internet Sites also govern your access to and use of the Internet Sites. You should ensure that you read the Terms and Conditions in conjunction with this Privacy Policy. By accessing the Internet Sites you are deemed to have read and agree to be bound by the Terms and Conditions as well as this Privacy Policy. In addition, if you are purchasing goods from the Website (“Goods”) you should ensure you read the Terms of Trade as these will govern the purchase of any Goods you make.
3. AMENDMENTS AND UPDATES
The current version of this Privacy Policy posted on the Website will apply to your use of the Website and our use of your Personal Information.
There may be times when we need to change this Privacy Policy. Depending on how significant the changes are, we will tell you about these changes by putting a notice on our Website or by contacting you. Any changes will take effect from when we publish the updated Privacy Policy, so please check our Privacy Policy and our Website from time to time.
4. INFORMATION WE MAY COLLECT, WAYS AND HOW WE USE IT
Helena Health may obtain a wide range of Personal Information from you as a result of your use of the Website, or when you otherwise interact with us.
4.1 The Personal Information we collect includes but is not limited to:
(a) your name, email address, delivery address, phone number and/or other contact details if you provide these to us;
(b) your personal preferences of products you have looked at on the Website or orders of products you have made from the Website;
(c) Limited financial information that you provide when placing orders through the Website (we receive card type, last 4 digits of the card number and expiry date from our third-party payment provider);
(d) your current location when you use our Website;
(e) information about your use of the Website, including the time you use or visit the Website, how long you use the Website for and what pages you view within the Website;
(f) information about the device you use to access the Website, including your IP address and information about your device;
(g) Comments, reviews and posts on social media. Helena Health may collect personal information (for example, your name, email address, social media identifier and the contents of your comment, review or post) when you leave a comment, post a review or send a post via Social Media or otherwise provide information on Social Media.
(h) survey information and spend data for our loyalty programmes; and
(i) any other personal information you otherwise provide to us.
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4.2. The Personal Information we collect may be collected in a number of ways including but not limited to:
(a) when you browse our Website, make enquiries or place orders for our products;
(b) when you email us or send us messages via our Website, email or our social media sites and applications;
(c) when you phone us, as telephone conversations with our staff may be recorded;
(d) when you complete surveys or questionnaires about us or our products;
(e) when you provide a product or service to us or otherwise work for or with us;
(f) when you enter any promotions or competitions run by us; and
(g) in face-to-face meetings with you or at events or conferences.
4.3 We may use your Personal Information we collect for a variety of reasons and purposes including but not limited to:
(a) responding to your enquiries about us or our products;
(b) taking orders for our products from you and fulfilling those orders;
(c) measuring, managing, monitoring, developing and improving our Website;
(d) contacting you about the Website, any orders you make, or products you may be interested in;
(e) sending you promotions or special offers from us that we think you may be interested in, including sending electronic messages such as text messages and emails, provided we have received your permission to do so.
(f) notifying you about product recalls;
(g) preparing and using data about interest in our products; and
(h) doing anything else required or permitted by laws, rules or regulations in New Zealand or overseas, including the Privacy Act.
5. IP ADDRESSES AND COOKIES
5.1. We may collect information about your computer including your IP address, operating system and browser type for system administration and to report aggregated information. This is statistical data about your browsing actions and patterns and does not identify you individually.
5.2. 'Cookies' are small pieces of information that are stored by your browser on your computer's hard drive. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that. We only use cookies to keep track of the pages you and other visitors have been to on our Website and to tell us whether you have visited the Website previously to deliver a better service such as but not limited to:
(b) improving our products and services; and
(c) monitoring the use of our website, including collecting data on web traffic and activity, to operate it more efficiently and functionally.
5.3. You may refuse to accept cookies by activating the setting on your browser which disables the setting of cookies. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you login to our Website.
6. INFORMATION DISCLOSURE TO THIRD PARTIES
We only allow third parties to handle your personal data if we are satisfied that they take appropriate measures to protect your personal data. One way we achieve this is by placing contractual obligations on third parties governing the use of personal data that we provide them with.
6.1 We may share your Personal Information with third parties for a range of reasons including:
(a) managing and operating our Website;
(b) taking and fulfilling orders made by you for our products;
(c) marketing or advertising our products to you;
(d) conducting surveys about our products and our business;
(e) to enable those third parties to provide services to us in connection with the Website, our advertising or to operate our business;
(f) to improve our operations, products and services;
(g) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
(h) if we are selling, assigning or transferring any of our assets or business;
(i) if the third party is one of our related companies;
(j) as otherwise expressly permitted under this Privacy Policy; and
(k) where we are permitted to do so under the Privacy Act.
7. TRANSFERING PERSONAL INFORMATON OUTSID NEW ZEALAND
7.1 We may transfer your Personal Information to third parties outside New Zealand for the purposes set out in this Privacy Policy and in accordance with our obligations under the Privacy Act. In those cases, the third parties will be subject to privacy laws in their own jurisdiction and those privacy laws may be different to New Zealand’s laws or the laws in your country and therefore may not provide comparable safeguards to the Privacy Act.
7.2 You acknowledge and agree to such international transfers of your Personal Information for the purposes set out in this Privacy Policy.
8. FURTHER COLLECTION
Helena Health also reserves the right to collect more extensive information where it deems such action is appropriate, such as in the case of any security concerns which may arise. Where possible, information will be obtained directly from you. However, you acknowledge that by accessing the Internet Sites information may be collected from you as a result of the workings of the Internet Sites and the attached systems and software. In addition, to the extent Helena Health deems it necessary to make any credit enquiries about you, you authorise Helena Health to make such enquiries and authorise any person to provide Helena Health with such information as Helena Health reasonably requires in response to its credit enquiries.
9. SOCIAL MEDIA
9.1 We work with trusted third parties, including social network sites like Facebook, Instagram, YouTube, Google+, and with application developers who specialise in social media so we can connect to your social networks. All these companies operate third party sites. We provide access to our Social Media to third parties and business partners so we can generate interest in our products and services among members of your social networks and to allow you to share product and service interests with friends in your network.
9.2. We cannot control how your data is collected, stored, used or shared by third party sites or to whom it is disclosed. Please be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a third-party site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt-out of sharing such information. Helena Health is not responsible for how these third parties may use information collected from or about you.
10. YOUR RIGHTS – MARKETING
10.1. You will only receive marketing communications from us and/or third parties if you have consented to this when you provided your contact details to us (or if you have otherwise submitted your consent to us for these purposes).
10.2. You have the right to ask us not to use your personal data for marketing purposes. You can request that you stop receiving information from us at any time by contacting us at the address set out below (please see section 23 “QUERIES & COMPLAINTS”)
11. STATISTICS
Helena Health may use and publish non-personal aggregate statistics and group data about those people who access the Internet Sites and their usage of the Internet Sites. Such aggregate information may also be provided to our advertisers and sponsors. However, subject to the further terms of this Privacy Policy, Helena Health will not share or make public identifiable information about you without your prior permission.
12. SECURITY OF YOUR PERSONAL INFORMATION
12.1 We take reasonable precautions to make sure that we keep your Personal Information secure. However, because the internet is an open network, no data transmission over the internet can be guaranteed as totally secure and is safe from unauthorised access or use. Accordingly, any information which you transmit to us is transmitted at your own risk.
12.2 Where you have authorised us to disclose your Personal Information to a third party, we will take reasonable precautions to ensure your Personal Information is treated securely by them and maintained in accordance with this Privacy Policy.
13. PRIVACY BREACH
13.1 If we believe that there has been a privacy breach involving your personal information, we will identify the issue and take steps to minimise any harm.
13.2 If we believe that the breach has caused, or is likely to cause, serious harm, we will contact the Office of the Privacy Commissioner. If appropriate, we will also contact you and anyone else affected by this privacy breach.
13.3 If you believe there may have been a privacy breach, please contact us as soon as possible.
14. DELETING INFORMATION
You are entitled to require us to delete your personal information where there is no good reason for us to continue to hold it or where you have successfully exercised your right to object to processing (see clause 15 below). Please note however that we may not always be able to comply with your request for specific legal reasons which will be notified to you if applicable at the time of your request.
15. PROCESSING RIGHTS
15.1 You are entitled to require us to restrict processing of your personal information in the following scenarios:
(a) if you want us to establish the accuracy of the data;
(b) where our use of the data is unlawful but you do not want us to erase it;
(c) where you need us to hold the data even if we no longer require it as you need it to establish or defend legal claims;
(d) you have objected to our use of the data but we need to verify whether we have overriding legitimate grounds to use it.
15.2 You have the right to object to your personal information being processed for direct marketing or profiling.
15.3 You have the right not to be subject to a decision based solely on automated processing that produces legal effects concerning you or similarly effects you.
15.4 Where we are relying on your consent to process your personal data (e.g for marketing purposes) you have the right to withdraw your consent to that process at any time. This will not impact the lawfulness of any processing before you withdraw consent.
15.5 If you wish to exercise any of the rights referred to in clauses 15.1 to 15.4 above please contact us at the details provided in clause 23 below. Please note you may be asked to provide proof of your identity and address (e.g a copy of your passport and a recent utility bill).
16. ACCESSING & AMENDING YOUR PERSONAL INFORMATION
16.1 You may request access to your Personal Information that is held by us at any time and Helena Health is obliged to provide this information to you as long as it has such information and such information can be readily retrieved.
16. 2 If you believe any of your Personal Information is incorrect or inaccurate you may request us to correct it at any time.
16.3 Helena Health is entitled to charge you for the reasonable costs of retrieving, providing this information, and as applicable, correcting this information.
17. COMBINING INFORMATION
Helena Health may combine any information which it collects from you with information collected by its related companies.
18. DATA STORAGE – WHERE YOUR PERSONAL DATA IS HELD
18.1. All information you provide to us is stored on our secure servers and those of our group of companies, service providers and agents.
18.2. Where we have given you (or where you have chosen) a password or other data which enables you to access certain parts of our Website, you are responsible for keeping this password and any other identifier confidential and we strongly recommend that you do not share your password or other identifier with anyone. Furthermore, we strongly recommend that you do not use the same password for any other service or website.
18.3. Your data may be processed by staff that work for us or for one of our suppliers and may be situated outside the country where you entered that information. Such staff may be engaged in, among other things, the provision of our service(s) to you and the provision of support services. By submitting your personal data, you agree to such transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
18.4. We use strict procedures and security features to prevent unauthorised access. Agents or contractors who, while providing services to Helena Health, have access to information which you give to us are required to keep that information secure and confidential and are not permitted to use it for any purpose other than to carry out the services which they are performing for Helena Health. However, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk.
19. FOR HOW LONG WILL WE KEEP YOUR PERSONAL DATA?
19.1 If you choose to create an account, we will keep your personal information for as long as your account is open. If you don’t have an account, or choose to close your account, we will keep some of your information until 8 years have passed since we last provided product to you. We consider 8 years to be an appropriate retention period because it is as long as is necessary for us to:
(a) respond to any questions, complaints or claims made by you or on your behalf;
(b) show that we treated you fairly;
(c) keep records required by law; and
(d) satisfy any accounting or reporting requirements.
19.2. We will not retain your personal information for longer than necessary for the purposes set out in this policy.
19.3. When it is no longer necessary to retain your personal information, we will delete or anonymise it.
19.4. In some circumstances you can ask us to delete your data: see section 14 “DELETING INFORMATION”.
20. WAIVER
If Helena Health delays or does not exercise any of its rights and remedies available to it under this Privacy Policy, that will not be a waiver of that right or remedy.
21. SEVERABILITY
If any provision of this Privacy Policy is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from this Privacy Policy and the remaining provisions shall continue in full force.
22. PRIVACY ACT
This Policy does not affect your rights under the Privacy Act 2020.
23. QUERIES & COMPLAINTS
If you have any queries in regard to our Privacy Policy please do not hesitate to contact Helena Health by email: ask@helenahealth.com or telephone +64 9 962 5580
We will do our best to resolve any concerns you may have directly with you and encourage you to contact us with details of your concerns. If we are unable to resolve your concerns you have the right to make a complaint to the NZ Privacy Commissioner. For further information on making a complaint visit www.privacy.org.nz/your-rights/making-a-complaint
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Last updated: 29th July 2021