Terms & conditions

Welcome to balnce.com (“Balnce“). This Site is owned by Balnce Health Pty Ltd (ABN 30 652 326 942)(“Balnce“).

1. DEFINITIONS AND INTERPRETATION

In these Terms and Conditions, unless otherwise indicated:

“Agreement“ means the Terms of Use, Shipping and Returns Policy, and Balnce Platform Policy, contained within these Terms and Conditions.

“Australian Consumer Law“ means the law set out in schedule 2 of the Competition and Consumer Act 2010 (Cth);

“Balnce Platform“ refers to the platform through which a person can access consultations with practitioners and purchase products from our partner pharmacies.

“User“ refers to a person who accesses or uses the Balnce Platform or Site

“Site“ refers to balnce.com.

2. TERMS OF USE

  • Balnce Health Pty Ltd (Balnce, us, we, or our) owns and operates the Site. Access to and use of the Site and the products and services available through the Site (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
  • The Site provides a platform for you to access consultations with medical and other health practitioners. Balnce is not responsible for the advice provided by those practitioners and does not make any representations about their expertise or suitability of the advice provided, or not provided.
    The Site may also provide you with access to pharmacies or businesses which may dispense products prescribed or recommended by a practitioner. Balnce is not responsible for the quality or suitability of those products.
  • Amendment of the Terms of Use
    Balnce reserves the right to amend the Terms of Use at any time. Any changes will be published on the Site. Amendments will be effective upon publication on the Site. Your continued use of the Site represents your undertaking to continually review its terms and your agreement to be bound by the amended Terms of Use.
  • Linked sites
    The Site may contain external links to websites which are not owned or operated by Balnce, and these are provided for your information and convenience. Balnce has no control over websites which it does not own or operate and does not accept any responsibility for any loss or damage that may arise from your use of such other websites.
  • Privacy policy
    Balnce’s Privacy Policy (the Privacy Policy) sets out how we will collect, use and disclose your information. By using the Site, you consent to the collection, use and disclosure of your information in accordance with the Privacy Policy.
  • Intellectual property
    • Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party site, post, transmit or distribute content on the Site in any way except as expressly provided for on the Site or expressly authorised in writing by Balnce. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material available on the Site.
    • Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by Balnce or Balnce’s licensors. The provision of the Site and Services does not transfer to you or any third party, any rights, title, or interest in or to such intellectual property rights.
    • Copyright/Trademark Information. Copyright © 2020, Balnce Pty Ltd. ABC™; the Balnce logo; “Balnce” (collectively, Marks) are trademarks of Balnce Health Pty Ltd. You acknowledge and agree that You are not permitted to use Balnce’s Marks or any third-party marks displayed on our site without prior written consent from, respectively, Balnce Health Pty Ltd or the owners of such third-party marks.
  • Eligibility
    You must be 18 years of age to use the Balnce Platform within Australia.
  • Accounts
    • In order to use certain features of the Site (e.g. the Balnce Platform), you must register for an account with Balnce (Balnce Account). You will be prompted to provide information about yourself by the Balnce Account registration form. You represent and warrant that:
      1. all required registration information you submit is complete and accurate; and
      2. you will maintain the accuracy of such information at all times.
    • You may not create more than one Balnce Account.
    • Balnce may suspend or terminate your Balnce Account in accordance with these Terms of Use.
    • You may delete your Balnce Account at any time, for any reason, by sending an email to support@balnce.com which includes your Balnce Account email, full name and your request to delete your account.
    • You are responsible for maintaining the confidentiality of your Balnce Account login information and are fully responsible for all activities that occur under your Balnce Account. You agree to immediately notify Balnce of any unauthorized use, or suspected unauthorized use, of your Balnce Account or any other breach of security. Balnce cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
    • We may permit you to login to the Site or Service or otherwise associate your Balnce Account with your login credentials from certain social networking sites (SNS) (for example, Facebook and Twitter). We may receive information about you from a SNS, in accordance with the terms and conditions of the SNS.
  •  Disclaimers
    • Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
    • All information contained on the Site and services is for informational purposes only and is not a substitute for medical or health practitioner consultation.
    • Balnce is not responsible for your relationship with any practitioners, third party, or other Users of the Site or Services.
    • Balnce is not obliged to screen third parties to determine whether they are qualified or authorized by law to provide their services or to determine the accuracy of the information they provide.
    • Any information accessed through the Site and Services, or within any of Balnce’s social media pages or channels is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis, or treatment.
  • Indemnity
    • In this clause, a reference to Balnce includes its officers, directors, contractors, employees and agents.
    • You agree to indemnify and hold Balnce, harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by Balnce arising from any claim, demand, suit, action or proceeding by any person against Balnce arising from, in connection with or in respect of:
      1. your violation of the User Terms; or
      2. your publication of or distribution of any material or information.
    • Subject to any consumer guarantees under the Australian Consumer Law which cannot be excluded, in no event shall Balnce be liable to you or any third party for any lost profit, or an indirect, consequential, exemplary, incidental or special or punitive damages arising from this agreement and from the use of the Site or inability to use the Site.
  • Access to and use of the Site
    • License
      Subject to the terms of this Agreement, Balnce grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, non-commercial use. Subject to the terms of this Agreement, Balnce grants you a non-transferable, non-exclusive license to install and use the software Balnce makes available for mobile devices (Mobile App), in executable object code format only, solely on your own handheld mobile device and for your personal, non-commercial use. As used in this Agreement, the term “Services” includes the Mobile App.
    • Certain Restrictions
      The rights granted to you under the Terms of Use are subject to the following restrictions:

      1. you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services;
      2. you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services;
      3. you shall not access the Site or Services in order to build a similar or competitive service;
  • Modification
    Balnce reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Balnce will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
  • Communications
    Text message

    • Where you have provided us with your phone number, you agree that Balnce and those acting on its behalf may send you text (SMS) messages. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by Balnce. If you change or deactivate the phone number you provided to Balnce, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems.
    • You may opt-out of receiving all text messages from Balnce at any time by deleting your account or by replying STOP to any text message from Balnce. NOTE: opting-out of receiving all text messages from Balnce, may limit your ability to use certain Services. You may continue to receive text messages for a short period while Balnce processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
    • You may opt back into receiving text messages from Balnce at any time by notifying Balnce or by replying START to a text message from Balnce.

    Email

    • Where you have provided your email address, you agree that we may send you emails concerning our Services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
  • User Content
    1. User Content means content that you upload to the Site
    2. You acknowledge and agree that Balnce is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Balnce does not assume and will not have any liability or responsibility to you or any other person or User for your use or misuse of any User Content.
    3. You agree not to use the Site, Services, or any of Balnce’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that:
      1. violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
      2. is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or
      3. in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
    4. You hereby grant, and you represent and warrant that you have the right to grant, to Balnce an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
  • Feedback
    If you provide Balnce any feedback or suggestions regarding the Site or Services (Feedback), you hereby assign to Balnce all rights in the Feedback and agree that Balnce shall have the right to use such Feedback and related information in any manner it deems appropriate. Balnce will treat any Feedback you provide to Balnce as non-confidential and non-proprietary. Balnce will not modify the Feedback. You agree that you will not submit to Balnce any information or ideas that you consider to be confidential or proprietary.
  • Acceptable Use Policy
    1. You agree not to use the Site or Services to:
      1. upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
      2. send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
      3. harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
      4. interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks;
      5. attempt to or impersonate another User or Balnce or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means;
      6. harass or interfere with another User’s use and enjoyment of the Site or Services; or
      7. introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
    2. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Balnce Account in accordance with these Terms of Use, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
  • Third-party interactions
    During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers including practitioners, pharmacies, advertisers, or sponsors showing their goods and/or services through the Service. Balnce is not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. Balnce shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
  • Third-party materials
    The Site or Services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties (Third-Party Materials). You acknowledge and agree that Balnce is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Balnce does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
  • Deals
    The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers (Deals). Deals constitute Third-Party Materials under these Terms of Use. Balnce displays these Deals on the Site and Services as a form of advertisement for the third party only. All Deals are offered directly by the applicable third party, and may be subject to additional terms, conditions, or restrictions, whether or not such additional terms, conditions, or restrictions are expressly included on the Site or Services. The relevant third party, and not Balnce, is solely responsible for:

    1. redemption of the Deal;
    2. compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto);
    3. all goods and services it provides to you in connection with the Deal; and
    4. all losses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.
  • Other Users
    Each User of the Site or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content. Balnce makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users are solely between you and such User. You agree that Balnce will not be responsible for any loss or damage incurred as the result of any such interactions. Balnce is under no obligation to become involved or assist in the resolution of disputes between Users.
  • Release regarding other Users, Third-Party Interactions or Third-Party Materials
    You hereby release and forever discharge Balnce (and our officers, directors, contractors, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials.
  • Term and termination
    1. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may
      1. suspend your rights to use the Site and/or Services (including your Balnce Account); or
      2. terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Balnce Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Balnce Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. Balnce will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Balnce Account or deletion of your User Content.
      3. Even after this Agreement is terminated, the provisions of this Agreement which are capable of operating will remain in effect.
  • Jurisdiction
    This Agreement is governed by the laws of the State of Victoria.
  • Dispute resolution
    1. Pre-Arbitration dispute resolution
      We are always interested in resolving disputes amicably and efficiently. Attempts to informally resolve any dispute must be exhausted before any formal legal proceedings or arbitrations may be commenced. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@balnce.com. If such efforts prove unsuccessful in the reasonable opinion of Balnce, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to us should be sent to the address identified in the contact details below.
    2. Arbitration
      Except for disputes brought in small claims court or tribunal, all disputes between you and Balnce arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of Victoria for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. This arbitration agreement is subject to Victorian Law. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if Balnce makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Balnce. If the arbitration in this Section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Victoria, Australia. You hereby accept the exclusive jurisdiction of such court for this purpose.
    3. Confidentiality
      All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
    4. Future changes to dispute resolution
      Notwithstanding any provision in these Terms of Use to the contrary, Balnce agrees that if it makes any future change to this Arbitration Agreement (other than a change to our contact details) while you are a User of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to our address provided in Contact details section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
  • Contact details
    For any questions or notices, please contact us at:
    Balnce Health Pty Ltd
    ACN: 652 326 942
    info@balnce.health
    PO BOX 21
    BALACLAVA 3183 VIC

3. BOOKING POLICIES

Consultation cancellations

Your appointment is important to us and is reserved especially for you. We understand that life can sometimes get in the way and changes and cancellations may be necessary. Should you need to make changes to your appointment, we kindly ask that you provide a minimum of 24–48 hours’ notice. This policy is in place to allow your practitioner to offer your allocated time to another patient.

You will be charged a cancellation fee equal to the cost of the consultation for any missed or cancelled appointments where you have provided less than 24 hours’ notice.

Consultation refunds

Balnce charges a consultation fee on behalf of our Balnce Practitioners. This consultation fee is charged at the time of booking and is non-refundable.

4. PRESCRIPTION SHIPPING & RETURNS

Prescription Delivery & Returns

Dispatch, delivery and refunds of prescription products are per our partner pharmacies’ terms and conditions (as well as any other relevant policies.)

By accessing these services through Balnce, you agree to our partner pharmacies terms and conditions and any other relevant policies. These can be viewed below (Partner Pharmacy Terms of Sale).

5. PARTNER PHARMACY TERMS OF SALE

We work with our independent partner pharmacies to fulfill your prescription. All goods purchased from our Partner Pharmacies are subject to the following terms and conditions.

Acceptance of Goods

To ensure your privacy and the safe delivery of your products, all of our pharmacy deliveries require a signature upon acceptance. Please ensure you have allocated a delivery address where someone will be available to sign for your delivery between the hours of 9am–5pm, Monday to Friday.

Prescription products cannot be given an authority to leave direction. If no one is present to sign for your products, your package will be taken to the nearest post office for collection and a card with collection instructions will be left at your address.

Title & Risk

The sale occurs upon your order leaving the dispensing pharmacy and the title to the goods pass to you at that time. You are the legal owner of the products, are responsible for those products and the products are at your risk upon delivery.

Returns & Refunds Policy

Our website’s returns policy is in addition to your rights under Australian Consumer Law.

This policy applies for online orders via our partner pharmacies only.

Unfortunately, refunds may not be provided on prescription items, pharmacy medicines or pharmacist only medicines. This is due to state health regulations as the products are unable to be returned to stock or re-sold after leaving the premises. Storage conditions and therefore, effectiveness of the medication, are unable to be guaranteed once this has occurred.

Please contact Balnce if the item is:

  • Faulty or is not as described;
  • Significantly different to what was advertised;
  • The product is unsafe; or
  • Not of acceptable quality

Balnce and the Partner Pharmacy reserves the right to return the product to the manufacturer for further evaluation. The outcome of this evaluation will be provided and no refund or replacement will be provided if the item was damaged due to misuse or neglect.

No returns, refunds or exchanges will be offered for changes of mind.

Damaged or Incorrect Products

Please contact Balnce within 3 days of receipt of the products:

  • If your products arrived damaged; or
  • If the incorrect item was delivered.

You may be required to provide us with an image of the damaged or incorrect product in order to process a refund or replacement. The cost of freight will be covered for these returned products.

Introduction

At Balnce Health Pty Ltd, we respect your right to privacy and are committed to protecting your personal information.

We are required to handle your personal information in accordance with the Australian Privacy Principles (the APPs) contained within the Privacy Act 1988 (Cth) (the Act) and other applicable privacy and health records laws (for example, Health Records Act 2001 (Vic)).

This Privacy Policy applies to personal information (as defined by the Act). It describes how Balnce and its related bodies corporate (together, the Group) will collect, use, disclose and store your personal information.

What is personal information?

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. Examples include your name, address, telephone number, email address and profession or occupation.

Sensitive information is a subset of personal information and includes a person’s health information.

Unless otherwise specified, a reference to “personal information” in this policy means both personal information and sensitive information.

What personal information do we collect?

The purposes for collecting personal information include to arrange and conduct our business, understand our audiences and provide you with requested services.

General public

We may collect the following personal information:

  • your name, email, address and telephone number
  • your age or date of birth
  • your gender.

If you are using Balnce to seek a consultation with a doctor or other practitioner or are using the Balnce client platform, we may also collect information about your medical history and medical conditions (if any). This may include: medications (past and current), allergies, your use of complementary medicines and medicinal cannabis, any side effects or adverse events, immunisations, social history, family history, risk factors, and test results.

Healthcare professionals

We may collect the name, contact details and AHPRA number of health professionals. 

How do we collect personal information?

We will try to collect your personal information directly from you, unless it is unreasonable or impracticable to do so.

We will only collect sensitive information (including health information) with your consent.

We collect personal information through:

  • our contact us forms or internet portals (including Balnce’s Platform)
  • email or phone contact;
  • your access and use of our websites and social media channels;
  • review of your medical records; and
  • clinical trials, patient or doctor surveys, questionnaires or other trials or testing activities.

We may collect personal information from other sources including:

  • Agents and service providers, including third-party service providers;
  • Your guardian, family members or your doctor/healthcare provider;
  • Third parties such as your health fund, hospitals or other community health services; and
  • Publicly available sources including directories, listings and the internet.

How do we use your personal information?

We will primarily use your information to provide you with our services and functions.

We may use your personal information for the following other purposes.

Administrative and business purposes

  • administrative and billing purposes;
  • to update your contact details;
  • to process and respond to your complaints and enquiries;
  • to meet our legal and regulatory requirements and respond to requests for information from those bodies;
  • for direct marketing;
  • to provide information, offers and advice to you about both existing and new products and services; and
  • to conduct business processing functions.

Research and service improvement

  • to help understand adverse events ,side effects, and treatment effects of therapies including medicinal cannabis and other complementary therapies;
  • for data research and analysis ;
  • for service improvement and development;
  • to administer conferences, symposia, expert panels, seminars or other similar programs; and
  • to administer or advise you about clinical trials, surveys or other matters, with your consent.

These activities may be conducted by Balnce or by a third party.

Assessing job applicants

  • If you submit personal information when applying for a position with Balnce, the information will only be used to consider and/or act upon your application.
  • We may retain your personal information for the purpose of considering your application for current or future available positions.
  • This information may be shared with third party service providers retained by us to collect, maintain and analyse job applications.

When do we disclose your personal information?

Where we disclose personal information to third parties, including contractors, we endeavour to require that these third parties respect your right to privacy and comply with the Act. We may disclose your personal information to:

  • facilitate the provision of any services we provide to you using third parties, including contractors, health practitioners and dispensing pharmacies;
  • any Related Body Corporate or any entity which controls or holds a significant shareholding in a Group member to enable us to carry out our services and functions, as outlined in the How do we use your personal information? section;
  • potential acquirers, in relation to an acquisition of Balnce’s or a Group member’s assets. We will only do so where the potential acquirer agrees to comply with confidentiality restrictions and our Privacy Policy;
  • facilitate a change in the entity that controls Balnce, including any bona-fide due diligence process. We will only disclose personal information where the entity agrees to comply with confidentiality restrictions and our Privacy Policy;
  • provide aggregated or de-identified information to third parties, for example, we may disclose information for research, evaluation and development purposes;
  • comply with our legal and regulatory obligations; and
  • meet obligations of notification to our insurer.

Overseas disclosure

While we will take reasonable steps to ensure that overseas recipients of personal information do not breach the APPs; we also acknowledge that we cannot control those events. Therefore, your acceptance of these terms indicates your express consent to the disclosure of your information for the purposes identified in this Privacy Policy to overseas recipients and your understanding that Balnce is not responsible for ensuring the actions of those third party recipients comply with the APPs. We will not be liable to you for any breach of the Act or this Privacy Policy by these overseas third parties and on this basis you consent to such disclosure.

Direct communications

We may send you communications and information about medical conditions, clinical trials, research, events, products and services that we consider may be of interest to you.

These communications may be sent in various forms, including mail, SMS and email.

If you indicate a preference for a method of communication, we will endeavour to use your preferred method.

You may opt-out of receiving communications from us at any time. You can do this by contacting us or using opt-out facilities provided in the communications. We will then ensure that your name is removed from our mailing list.

How can you access and correct your personal information?

We aim to ensure that all personal information collected is accurate, complete and up to date. To help us achieve this objective, please contact the Privacy Officer if any of your details change.

You have a right to request the correction of your personal information held by Balnce. If you believe that the information Balnce holds is not accurate, complete or up-to-date, please contact the Privacy Officer on info@balnce.health in order to have the information corrected. You will not be charged a fee for the correction of your information.

You have a right to request access to any personal information we hold about you. You can request access at any time by contacting the Privacy Officer. Where we grant access, we will try to provide you with suitable means of accessing the information (for example, via mail or email). We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge a fee making the request.

We may refuse your request for access where authorised or required by law. For example, we must refuse access where granting access would unreasonably interfere with the privacy of others. We will provide written reasons for any refusal of an access request.

How do we hold and protect your personal information?

We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. Your personal information is generally stored electronically on our software or systems or on those of our third-party service providers. Your information will be stored on servers in Australia. All electronically stored data is encrypted. Passwords are transmitted but never stored. Some personal information may also be stored in hard copy documents

Staff will deal with personal information in accordance with this policy and will take steps to keep it secure. Access to your personal information will be limited to staff who need to access it for carrying out our services and functions, as described under the How do we use your personal information? section.

Complaints process

If you have a complaint or concern regarding how we have handled your information, please contact the Privacy Officer in writing (contact details are at the end of the policy). Please provide details of your complaint or concern.

Our representative will contact you within a reasonable time after receipt of your complaint. We will discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

If you are not satisfied with how we have handled your complaint, you can contact the Office of the Australian Information Commissioner. See www.oaic.gov.au.

Website privacy

External links

Our website may contain links to other websites operated by third parties. We are not responsible for the privacy policies or the content of third-party websites.

IP addresses, cookies and web beacons

We may collect information when you interact with us online. This could be via our websites or through emails or other forms of online communication. We may collect your information using web server logs, IP addresses, cookies and web beacons.

Web server logs/IP addresses

We may collect web server logs and IP addresses (the unique address of your device) to conduct system administration and report aggregate information to affiliates, business partners and/or vendors to conduct site analysis and website performance reviews.

Cookies

A cookie is a piece of information that is placed on your computer when you access certain websites. The cookie uniquely identifies your browser to the server. Cookies allow us to store information on the server to help make the web experience better for you and to conduct website analysis and web site performance review. Most web browsers are set up to accept cookies. You can choose whether to allow cookies through your browser settings. Some parts of our websites may not work properly if you refuse cookies.

Web beacons

Some of our webpages or emails may use a web beacon (also known as an action tag or clear GIF technology). Web beacons help analyse the effectiveness of websites by measuring, for example, the number of visitors to a site or how many visitors clicked on key elements of a site.

We may also collect information from your browser or device when you visit our websites, including

  • device ID and type;
  • your browser type and language;
  • access times;
  • your mobile device’s geographic location; and
  • referring website address (if any).

Changes to this policy

This Privacy Policy may be amended from time to time. Any updated versions of this Privacy Policy will be posted on our website. We ask that you visit our website periodically to remain up to date with such changes.

This Privacy Policy was last updated in May 2021.

Contact us

Please address all correspondence to:

Balnce Health Pty Ltd

Attn: Privacy Officer
PO BOX 21
BALACLAVA 3183 VIC
info@balnce.health