Tabuu Pty Ltd (ABN 490 96 638 099) is a business registered in Australia (Tabuu, we, us) and is committed to keeping your information safe and secure in accordance with the Privacy Act 1988 (Cth) (the Privacy Act) and the Australian Privacy Principles contained therein, and any applicable State or Territory law governing our data protection or privacy. By engaging Tabuu’s services (the Services) or using Tabuu’s website (the Website), you are giving consent to Tabuu for the use of your private information in the manner set out in this Privacy Policy.
2. COLLECTION OF PERSONAL INFORMATION
Tabuu may collect and use the following kinds of information:
information about your use of the Website, Services (including your IP address; browser type, version and language; operating system; pages viewed while browsing the Website or Services; page and content access times; “cookies”; purchase history; and referring website address); and
information about your personal details including name; date of birth; phone contact details; gender; address information; Medicare information; emergency contact details; and contact details of your next of kin.
Information about your personal information may be collected from you in a variety of ways, including, but not limited to:
when you register for the Website and Services,
when you make an inquiry or order in relation to the Products or Services through our Website;
when you submit a Questionnaire and attend a Consultation with a Doctor through our Website and/or its Services;
when you consult through our Website collect, hold and maintain your medical records and additional notes, which can be shared with us. However, all client health information will be managed in accordance with relevant state legislation;
change your content or email preference;
when you interact with Tabuu electronically or in person;
when you interact with the Website, tabuuchat and/or audio visual link (for assistance);
through any mobile applications provided by Tabuu;
from medical providers such as pharmacies or your User reviews;
provide financial information to Tabuu;
interact with Tabuu User support;
provision of information via the Website or Services; and
when Tabuu provides Products or Services to you.
Personal Health Information (“PHI”) provided by you (as the User or a Doctor concerning a User) in the course of the provision of Services may include:
medical history, age, gender, weight, height, exercise history, past health issues;
when you access Tabuu Host, Products or Services;
when a Doctor provides a Service to you; and
when you provide us PHI or personal information to us via a Questionnaire or when using the Services.
3. USE AND DISCLOSURE OF PHI OR PERSONAL INFORMATION
Tabuu may use your PHI and personal information in relation to its business, including but not limited to:
enable your access to the Website and/or the Services;
supply to you the Services that you request as a User;
track usage and measure traffic statistics of the Website and Services;
supply you the products and/or Services that you purchase or request as a User;
receive and/or access information from third party suppliers and providers (Third Party) for the provision of our products and/or Services to you;
contact you regarding your use of the products and/or Services offered by Tabuu;
contact you in relation to comments, complaints, enquiries or dispute resolution;
collect payments from you;
to improve our goods and services;
to verify your identity, address and age;
to consider you for a job with us (whether as an employee or contractor) or in the context of other relationships with us;
to address any issues or complaints that we or you have regarding our relationship;
in communicating with third party providers or associate parties with respect to the provision of the Services;
send you marketing communications.
Tabuu will not disclose PHI or personal information about you, unless it is required, incidental or otherwise related to the primary purpose of providing the Services to you or to a third party for which you have consented to by engaging Tabuu’s Services or by using Tabuu’s Services. However, Tabuu may disclose your PHI or personal information to its business partners and to a Third Party, to which you have consented to by using the Services and who can assist them to provide Services to you as a User or to maintain its products or systems. This includes but is not limited to providing PHI or personal information to:
our employees and related bodies corporate;
Tabuu, Doctors, professional advisers and/or agents;
our contractors and other third parties that provide goods and services to us (including website and data hosting providers, and other suppliers);
our accountants, insurers, lawyers, auditors and other professional advisers and agents;
payment system operators;
if you are an individual contractor to us or a prospective employee, to our related companies and human resources related service providers (e.g. for outsourced payroll processing);
any third parties to whom you have directed or permitted us to disclose your PHI or personal information (e.g., referees or ID verifiers);
in the event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisers;
third parties that require the information for law enforcement or to prevent a serious threat to public safety; and
otherwise as permitted or required by law.
Tabuu, in its sole discretion, may disclose your PHI or personal information if it is required to do so by law or legal process, including:
In the event of a medical emergency;
In order to establish, exercise or defend its legal rights;
as required or authorised by law; or
to the extent required to permit Tabuu to investigate suspected fraud, harassment or other violations of any law, rule or regulation, our policies, or the rights of third parties or any other suspected conduct Tabuu deem improper.
Tabuu may also use your PHI or personal information information to protect the copyright, trademarks, or other intellectual property or proprietary rights, property or safety of Tabuu, the Website, and its Users or third parties.
If there is a merger or sale of Tabuu’s business, or a transfer of business assets, we reserve the right to transfer to the relevant third party PHI, personal databases, together with any PHI or personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement of confidentiality. Tabuu uses reasonable effort to only disclose PHI or personal information in good faith and where required by one of the above circumstances.
4. SECURITY AND ACCURACY
It is important that you advise Tabuu of changes to your PHI or personal information that you have provided to Tabuu as it is essential that your PHI or personal information is accurate, complete, and up-to-date in order for Tabuu to provide the Services to you.
Tabuu will take commercially reasonable steps to protect your PHI or personal information from misuse, loss, unauthorised access, modification and disclosure. However, Tabuu is not liable for any unauthorised access to this information.
Tabuu will take commercially reasonable steps to destroy or permanently de-identify PHI or personal information if it is no longer needed for the purposes of providing our Services to you and where Tabuu is not required to retain that information by law.
5. ACCESS AND CORRECTION
You are responsible to ensure that the information you provide to Tabuu is accurate, complete and up-to-date.
By request, you may contact Tabuu and ask to know what sort of PHI or personal information is held about you, for what purposes, and how it is collected, held, used and disclosed.
By request, you may access your PHI or personal information by contacting Tabuu at ihp@tabuu.com.au. Tabuu reserves the right to charge a reasonable administration fee for this access.
Tabuu, in its sole discretion, may consider that there is a sound reason under the Privacy Act, Freedom of Information Act or other relevant law to withhold PHI or personal information, or not make the requested changes.
6. IDENTIFIERS AND ANONYMITY
You acknowledge that Tabuu retains, collects and maintains your PHI or personal information for statistical analysis purposes (whether for commercial or non-commercial purposes). You agree that Tabuu may share, distribute and/or transfer information which you have provided to Tabuu to third parties, after that information has been de-identified.
7. SENSITIVE INFORMATION
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by Tabuu only:
for the primary purpose for which it was obtained;
for a secondary purpose that is directly related to the primary purpose;
with your consent; or
where required or authorised by law.
8. TRANS-BORDER DATA FLOWS
Tabuu may use cloud services, and as such, its servers may be located in Australia or overseas and you acknowledge, agree and understand that your PHI or personal information may be transferred and stored in Australia and other foreign jurisdictions which the cloud services may direct the data to be stored. You agree for us to transfer your information into foreign jurisdictions for the purposes of providing you with the Services.
In addition to the above, Tabuu will transfer PHI or personal information to someone who is in a foreign country where:
Tabuu reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Australian Privacy Principles;
the individual consents to the transfer;
the transfer is necessary for the performance of a contract between you and Tabuu, or for the implementation of pre-contractual measures taken in response to your request;
the transfer is necessary for the conclusion or performance of a contract concluded in your interest between Tabuu and a third party;
all of the following apply:
the transfer is for your benefit;
it is impracticable to obtain your consent to that transfer; and
if it were practicable to obtain such consent, you would be likely to give it.
Tabuu has taken reasonable steps to ensure that the information to which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.
9. COMPLAINTS
As a valuable User, if you have any complaints in relation to this Privacy Policy or privacy practice, please feel free to contact Tabuu via ihp@tabuu.com.au
A complaint should identify whether it is about:
the collection of PHI or personal information;
the use of PHI or personal information;
the disclosure of PHI or personal information;
the security or storage of PHI or personal information;
the accuracy of PHI or personal information;
refusal to access or provide about their PHI or personal information; or
a refusal to change or delete PHI or personal information.
Tabuu values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, Tabuu will respond in a timely manner to advise you of the outcome following its enquiry into the same. You will also be invited to respond to its outcome. If a response is received, Tabuu will assess your response and advise if it has changed its view. If you are unsatisfied with the final outcome, Tabuu will advise you further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.
10. OPTING-OUT OF DIRECT MARKETING
Tabuu aims to give you a highly personalised experience when using the Website and the Services. In order to do so, Tabuu may use your PHI or personal information to send you advertisements to your email address. If you decide you do not want to receive marketing or advertising communications, you can request to unsubscribe from the mailing list by clicking ‘Unsubscribe’ at the bottom of the email.
11. COOKIES
Tabuu charges the User the Purchase Fee for its Services and the Products provided by the Pharmacist. The Consultation Fee is charged at the time a Consultation booking is made and will be refunded if the Doctor cancels the Consultation, or if there is a technological failure that prevents an effective Consultation between the User and the Doctor. Technological failure is assessed and logged by the Doctor. The Consultation Fee is not refundable if you, as a User, cancel a Consultation for any reason.
You acknowledge and agree that an Order for Products due to regulations cannot be returned or refunded once it has been dispatched, processed and dispensed by the Pharmacist as storage conditions of the Products cannot be guaranteed, which means the Products cannot be reused. For this reason, Tabuu and the Pharmacist are unable to accept returns of the Products and provide refunds.
You acknowledge and agree that should you require a cancellation of your Order, which has not yet been dispatched, you may do so by contacting Tabuu immediately either by phone or email at ihp@tabuu.com.au and providing your Order details and receipt. We can issue a refund on your Order, and this will be processed between 7 to 14 business days, on the basis that your Order has not yet been dispatched.
Any refunds granted pursuant to this clause 11 will be at Tabuu’s or the Pharmacist’s sole discretion and will not include a refund of any fees and/or commissions.
12. THIRD PARTY SITES
The Website may from time to time have links to other websites not owned or controlled by Tabuu. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Tabuu is not responsible for the privacy practices of other such websites. We encourage users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
13. MISCELLANEOUS
Waivers
In limited circumstances, Tabuu may allow you to waive application of this Privacy Policy. A waiver of this Privacy Policy must be in writing and signed by Tabuu. Tabuu anticipates that the waiver of this Privacy Policy would only be in exceptional circumstances, and Tabuu encourages that you consider the circumstances leading to the waiver request prior to submitting such a request.
Governing Law & Jurisdiction
This Privacy Policy is governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in connection with this Privacy Policy, you agree that the exclusive venue for resolving any dispute shall be Brisbane, Australia.
14. VARIATION TO THIS PRIVACY POLICY
This Privacy Policy is available online via [insert web address].
Tabuu reserves the right to modify or amend this Privacy Policy at any time, for any reason, and without any notice, by posting a revised version on its website. Any changes to this Privacy Policy will become effective when Tabuu posts the revised Privacy Policy on the website. Your use of the website following these changes means that you accept the revised Privacy Policy.
This policy was last modified on 2021.
15. CONTACT
Please contact Tabuu if you have any questions regarding this Privacy Policy.
