Terms & Privacy Policy


Terms and Conditions

Synergy Health Limited (“we”, “us” or “our”) provides a wellbeing, safety and organisational development program that may be accessed through a mobile application or via a browser. These Terms and Conditions (Terms) govern your use of the Program, the Application and the Website. In these Terms “you” and “your” means the individual accessing and using the Website or the Program. This includes a visitor to our Website who is not registered to use the Program.

1. Acceptance of Terms

1.1 By visiting the Website, registering for our Program, or accessing, downloading, installing or otherwise using the Application you acknowledge you have read, understood and accept these Terms. You must not use the Website and Program if you are under 13 years of age, except where you have parental consent.

1.2 If you do not agree to be bound by these Terms, please do not register for the Program, or access, download, install or use the Application.

1.3 We, at our sole discretion, may amend these Terms from time to time without prior notice. The most current version of these Terms is located on the Website. You are responsible for ensuring you have read the most up-to-date version as your continued use of the Program represents your agreement to be bound by these Terms.

2. Definitions and Interpretation

2.1 In these Terms, and in addition to the definitions set out above, unless the context otherwise requires:

Application means the Synergy Health software applications provided by us on the Website, or the Apple or Google Play app stores, for the purposes of providing the Program, and includes all modifications, updates, upgrades and enhancements made to the Application;

Data means any information or data (including personal information) that you input or generate through the use of the Program;

Program means the wellbeing, safety and organisational development program developed by us and provided via the Application; and

Website means https://tracksuitinc.com, synergyhealthltd.com or any related sub-domain through which you access the Program.

2.2 Interpretation: In these Terms, unless the context otherwise requires:

2.2.1 headings are for ease of reference only and will not be deemed to form any part of the context or affect the interpretation of these Terms;

2.2.2 another grammatical form of a defined word or expression has a corresponding meaning;

2.2.3 a reference to:

(a) the singular includes the plural and vice versa;

(b) ‘including’ (and its similar expressions) shall be interpreted as if followed by ‘without limitation’; and

(c) any legislation shall (except where expressly stated otherwise) be construed as a reference to that legislation as amended, replaced, consolidated or re-enacted.

3. The Program

3.1 The Program is provided to support employee health and wellbeing, both inside and outside of the workplace. The features of the Program available to you will depend on the service package you or your organisation has signed up for.

3.2 To access the Program, you must follow the initial sign up and account creation process to register for the Program, as set out on the Website or through the Application.

3.3 In order to access the Program your computer, smartphone, tablet or similar device must be connected to a public data network.

4. Intellectual Property Ownership and Grant of Licence

4.1 All intellectual property rights relating to the Website, the Application, and the Program, including their content, features and functionality are either owned by us or the people we license such material from. No right, title or interest in or to the Website, the Application, or the Program or any of their content, features or functionality is transferred to you. Any use of the Website, the Application, or the Program not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark and other laws.

4.2 Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited right to access and use the Program and to download (from the Website, or Apple or Google Play app stores), install (where downloaded), access and use the Application for your own personal non-commercial use.

4.3 You agree not to copy, reproduce, translate, alter, adapt, vary, reverse engineer, decompile, disassemble, reassemble, modify, make error corrections for, create derivative works of, or attempt to obtain the source code for, the Website, the Application or the Program, nor to communicate or publicly display any content from the Program or the Application to any third party, without our prior express written permission. To avoid doubt, any copying of the Website, the Application or the Program that occurs in the normal course of your use of the Program in accordance with these Terms is not a breach of this clause 4.3.

5. Obligations

5.1 When accessing and using the Program or the Application you must not:

5.1.1 violate the security of the Program, the Application or the Website, or interfere, damage or harm, or attempt to interfere, damage or harm the Program, the Application, or the Website, or any of our systems used to provide the Application or the Website;

5.1.2 use any automated system, including without limitation, robots, spiders, or offline readers to access, acquire, copy or otherwise monitor the Program, the Application or the Website;

5.1.3 access or attempt to access anyone else’s information or data within the Application, any of our systems used to provide the Application or the Website, or otherwise held by us;

5.1.4 use the Program or the Application otherwise than in the way the Program or Application is designed to be used or use the Program or Application if you have no legitimate reason to do so or in a way that violates any law; or

5.1.5 input into the Application, any information or Data in violation of any law.

5.2 You are responsible for compliance with all local laws and regulations applicable to your use of the Program, the Application and the Website when using the Program, including those relating to privacy.

5.3 The Program, when accessed via the Website, must be accessed using a compatible Internet browser. The mobile application must be used on a smartphone, tablet or similar device with a compatible mobile operating system. You must keep your browser or mobile operating system up to date to ensure continued working of the Program. You must also keep the mobile application updated with any updates or new versions that we make available on the Website, or through the Google Play or Apple app stores.

6. Accounts

6.1 You are responsible for the activity that occurs on your account. You must ensure that you choose a strong password, keep log on details and passwords secure and confidential and do not share them with any other person.

6.2 You must immediately notify us of any unauthorised use of any account, or any other breach of security or any other incident that occurs in relation to your systems that threatens or may compromise or threaten the security and integrity of the Program, the Application, or the Website.

6.3 If you forget your password you may reset it by following the prompts on the ‘login screen’ of the Website or the Application.

6.4 We may suspend or disable your account if you breach these Terms, or if we consider it necessary to protect the security of the Program, the Application, or the Website or for any other reason.

6.5 You must provide true, accurate and complete information during the registration process, when using the Program or providing any information to us.

7. Fees

7.1 If you register for the B2C version of the Program (i.e. we do not have an agreement with your organisation), you agree to pay all subscription and other fees associated with the Program (Fees).

7.2 We charge the Fees in advance on a recurring (monthly or annual) basis, as advised to you when you register to use the Program. We may offer trials of the Program for a certain period without payment or at a reduced rate. At the end of any trial period, we will start charging you the full rate for the Program.

7.3 We may change the Fees from time to time and will communicate any changes to the Fees to you in advance.

7.4 Your right to access and use the Program is subject to the timely payment of the Fees. Such access may be suspended, disabled or terminated if you do not pay the Fees.

7.5 We reserve the right to pass on all or any costs, disbursements or charges incurred by us in collecting any outstanding Fees or enforcing or attempting to enforce these Terms.

8. Data

8.1 The Data you provide in the course of using the Program is held on servers in a third party hosted environment.

8.2 We will take reasonable care in holding the Data. Should a disaster occur in relation to the Program and/or the Data we will use reasonable endeavours to restore the Program and (if necessary) the Data from the most recent back up available. However, it is possible that Data may still be lost or corrupted in such a case. You acknowledge and agree that we are not responsible or liable to you for any loss or corruption of data as a result of a disaster or for any other reason, including as a result of needing to restore the Program and/or the Data from a backup.

8.3 We will notify you if we become aware of any unauthorised access to the Data.

8.4 Nothing in these Terms transfers ownership of your Data to us or, subject to clauses 8.6 and 9.1, permits us to use your Data for our own purposes.

8.5 You grant us a licence to access, use, copy, transmit, store and back-up your information and the Data for the purpose of enabling us to provide and support the Program, the Application and the Website, and for any purpose related to the provision and support of the Program, the Application and the Website, for the purposes set out at clause 8.6 and as otherwise necessary for us to perform our obligations under these Terms. You must ensure that you have all necessary rights to grant us such licence.

8.6 We may use aggregated information collected through the Website or the use of the Program to improve the quality of our services. This aggregated information is not associated with any individual person. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorised by us to determine and analyse general trends in the use of our Website, Program and services, and to create benchmark data in relation to any aspect of our services.

8.7 We may provide aggregated or statistical data to your organisation (where we have an agreement with your organisation). We may also provide industry aggregated or statistical data to any other person. All information comprised in such data will be anonymised and any disclosure will be done in general terms and will not be specific to you. For further information, please see our Privacy Statement, below.

8.8 Our rights in relation to the data include the right to permit any third party that is providing services to us, including hosting services, to do any of the things set out in clauses 8.5 and 8.6 on our behalf or in order to provide services to us, provided that doing so is within the scope of the rights you have granted to us.

9. Privacy

9.1 We will comply with New Zealand privacy legislation in relation to any personal information that we collect from you, as set out in our Privacy Statement. We will also comply with other applicable privacy legislation as provided for in our Privacy Statement.

10. Program Disclaimers

10.1 You agree that your decision to use the Program has been made solely in reliance on your own skill and judgment and not in reliance on any statement, representation or warranty made by us or on our behalf.

10.2 The material within the Program and on Website is provided for educational purposes only, and is not to be used for medical advice, diagnosis or treatment.

10.3 The availability of the Program is dependent on a third-party hosting provider and other factors outside of our control. We are not responsible or liable for a failure of those third parties that prevents you from accessing and using the Program. Accordingly, we do not warrant that use of the Program will be uninterrupted and error-free.

10.4 You acknowledge and agree that:

10.4.1 the Program will not be available if the computer, smartphone, tablet or similar device from which you are accessing the Program is not connected to a functioning public data network, you are logged out of the Application, you do not have data available on your plan, or there is a transmission failure. You agree that we have no responsibility for any failure to access the Program in such a case; and

10.4.2 you will not be able to receive any push notifications if you are logged out of the Application or have disabled the push notification functionality on your smartphone, tablet or similar device that is using the Application;

10.5 Except as expressly provided in these Terms, all warranties (including, without limitation, warranties and conditions as to fitness for purpose, merchantability, quality, title and non-infringement), whether express or implied by statute, common law or otherwise, are excluded to the extent permitted by law.

11. Website Disclaimers

11.1 We reserve the right to alter, or update the Website, and any information we provide on the Website. Such a change shall take effect immediately. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

11.2 The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy or completeness this information. Any reliance you place on such information is strictly at your own risk. To the extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We reserve the right to correct errors in any such information, including any errors in any pricing, at any time and all changes will take effect immediately that we make the change.

11.3 Your use of the Website is at your sole risk and the Website is provided on an “as available” basis. We do not warrant that:

11.3.1 the Website will be uninterrupted, timely, secure, or error-free;

11.3.2 the quality of any services, information, or other material provided to you through the Website will meet your expectations and;

11.3.3 any errors on the Website will be corrected.

These exclusion do not affect any rights which may not be excluded under the Consumer Guarantees Act 1993.

11.4 The Website may also include links to third party websites or videos from third party websites that we have embedded on the Website, which we think may be of value to you. We do not control those websites and are not responsible for the content on those websites. Such links do not imply any endorsement, approval or recommendation of those websites or their contents, operations, products or operators. You should read the terms of use applying to those websites before you use them.

12. Our liability is excluded

12.1 To the maximum extent permitted by law, we are not liable or responsible to you or any other person for any indirect or consequential loss, or any exemplary, incidental, special or punitive damages or any loss of profits, revenues or business opportunities that you or any other person may suffer or incur as a result of your access or use of the Program, the Application or the Website. This exclusion applies regardless of whether such liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

12.2 To the maximum extent permitted by law, we will not be liable or responsible to you or any other person for any loss, damage, death or injury, suffered or incurred in connection with:

12.2.1 the Program, the Application or the Website or any of their functionality being unavailable (in whole or in part) or performing slowly; or

12.2.2 any incorrect usage of the Program, the Application or the Website by you; or

12.2.3 any exposure to viruses, malware or other malicious code when you access or use the Website.

12.3 You or your organisation are responsible for the security of any computer, smartphone, tablet or similar device used to access and use the Program, and for ensuring the manner by which it connects to the Internet protects you or your organisation from viruses, malware, spyware or other malicious code. We do not accept any liability arising from any security failure, or from any viruses, malware or other malicious code that affects the device used to access and use the Program.

13. Termination

13.1 Your right to access and use the Program will terminate on the expiry or termination of any agreement with your organisation or in the event you are no longer engaged by your organisation, unless you sign up for our B2C version of the Program.

13.2 If you are signed up for our B2C version of the Program, we may terminate your right to access and use the Program if you do not pay the Fees, or if you breach any of these Terms.

13.3 We may otherwise terminate your right to access and use the Services if we decide to end the availability of the Program to all of our customers (or end a particular version of the Program). We will provide at least six months’ notice of any decision to end availability of the Program to all of our customers (or to end a particular version of the Program).

13.4 You may terminate your access and use of the Program by de-registering your account in accordance with the process on the Website or the Application.

13.5 If your right to access and use the Program is terminated, we may delete your Data. We are not required to provide you with access to any Data that has been deleted.

14. General

14.1 Force majeure: We do not have any liability for any failure of the Program, the Application, or the Website, or any failure to comply with these Terms if such a failure is due to an act, event or cause which is beyond our reasonable control, including acts of God, war, sabotage, riot, national emergency, pandemic, epidemic, fire, lightning, flood, cyclone, earthquake, landslide, storm, explosion, power shortage, telecommunication outages, strike or other labour difficulty.

14.2 Waiver: No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.

14.3 Severance: If any provision of these Terms becomes invalid or unenforceable that provision shall be severed from the remaining Terms and the remaining Terms will continue in full force and effect.

14.4 Governing law and jurisdiction: These Terms, and your use of the Program, the Application and the Website, shall be governed by and construed in accordance with New Zealand law, and you agree that the Courts of New Zealand have the non-exclusive jurisdiction to hear and determine any proceedings brought in relation to these Terms, and your use of the Program, the Application and the Website.

15. Competitions and Promotions

15.1 Competitions and Giveaways

15.1.1 Competition and Giveaway prizes are given to a number of entrants selected by random draw (unless otherwise stated).

15.1.2 Entries received after a specified closing date will not be accepted.

15.1.3 Every entrant warrants that all information submitted is true, current and complete. SHL reserves the right to disqualify any entrant who does not comply with these terms and conditions.

15.1.4 Competitions and Giveaways are open to registered users aged 13 years and over, unless otherwise stated.

15.1.5 Information on promotions and competitions that is contained on SHL’s website, Facebook Page, Instagram Account or LinkedIn Account forms part of these terms and conditions. If there is any inconsistency between the information contained on SHL’s website, Facebook Page, Instagram Account or LinkedIn Account, and the information contained in this document, this document shall prevail.

15.2 Entries, Selection, Prizes

15.2.1 All reasonable attempts will be made to contact Competition and Giveaway winners using details provided on their entry forms. Should those attempts fail, another winner will be drawn or selected.

15.2.2 All prizes must be claimed within 30 days of winning.

15.2.3 Prizes are not redeemable for cash, transferable to any other person, and cannot be used in conjunction with any other offer or promotion.

15.2.4 If a prize or part of a prize becomes unavailable (for any reason), SHL reserves the right to limit entry, cancel or amend the prizes at its own and sole discretion, including providing the winner with a substitute prize, either in full or in part.

15.2.5 SHL's decision is final and no correspondence will be entered into.

 


 

Synergy Health Privacy Statement

 

1. Introduction

1.1 Synergy Health International Limited (as "Synergy Health", "we", "us" and "our") is committed to protecting your privacy.

1.2 This Privacy Statement sets out how we will collect, use, disclose and protect your personal information. This Privacy Statement applies to the use of this website, the Synergy Health platform (being the technology, including this website, the mobile application and our other systems, used to deliver our wellbeing, safety and organisational development program), and the use of any services or products provided by us.

1.3 If you access our website from outside of New Zealand, you agree that, to the extent permitted by law, any personal information you provide us is subject to this Privacy Statement and New Zealand laws, including the Privacy Act 2020.  Synergy Health also complies with the Australian Privacy Act 1988, the Singapore Personal Data Protection Act 2012, the California Consumer Privacy Act 2018, the United Kingdom Data Protection Act 2018 and the European Union General Data Protection Regulation 2016/679.

1.4 This Privacy Statement is effective from 1st February 2021. By using the Synergy Health website or platform or by otherwise using our services you agree to the terms of this Privacy Statement.

2. Collection of your personal information

2.1 In general, the categories of personal information we may collect from you include your name, contact details, year of birth, gender, account login information (including the organisation you work for), and payment information.

2.2 When you complete the wellness scorecard, we collect information relating to your general wellness, including your activity and fitness levels, your weight and information concerning past sunburns.

2.3 If you respond to our health check questions, we will collect information relating to your health, such as your cholesterol levels, blood pressure and body mass index. This information is collected so we can tailor information we provide to you about health and wellbeing. The provision of such information is voluntary.

2.4 If you participate in wellness programmes and challenges, we will collect information concerning your participation in that programme and challenge. We may also collect activity information (i.e. step count) when you use features of the Synergy Health platform that integrate with wearables or other fitness technologies.

2.5 The organisation you work for may also wish to understand certain matters in connection with the wellness of its personnel. While we only provide aggregated information to the organisation in relation to these matters, we will collect the information set out in your organisation’s questionnaire.

2.6 We collect personal information:

2.6.1 the first time you sign in to the Synergy Health platform;

2.6.2 when you provide information in response to our wellbeing scorecard, the health check questions, and any organisation specific questionnaire, when you participate in a wellness programme or challenge, or otherwise use the Synergy Health platform; and

2.6.3 when you provide personal information to us, including via our website and any related service, when you contact us (e.g. telephone call or email), or otherwise use our services and products.

2.7 We may also collect your personal information when you interact with the surveys embedded in our site, or with the marketing communications we send you.

2.8 Our website and platform may also state other ways in which we collect information from you.

2.9 Your personal information may also be collected from your organisation, where you authorise it to provide such information, or as otherwise permitted by any relevant privacy laws.

2.10 If you do not provide the personal information we ask you to provide, or the information is incorrect, you may not be able to log into your account, the information accessible through your account may not be complete, and we may not be able to provide the requested services, respond to an enquiry, or contact you. If you do not provide the information requested through the wellness scorecard, health check questions, your organisation’s questionnaire, or in connection with a wellness programme or challenge, we may not be able to provide wellbeing information that is relevant to you.

2.11 Our website may also automatically collect and store information about your visit, including your IP address, the date and time you accessed our website, the internet address of the website from which you linked directly to our website, and the pages you accessed while visiting our website.

2.12 We do not collect personal information from individuals under the age of 13 without parental consent.

3. Information of others

3.1 If you provide us with personal information relating to someone else in your organisation you warrant you are authorised to do so and that you have ensured the individual is aware of the information in this Privacy Statement. If you provide us personal information about others, or if others give us your information, we will only use that data for the specific reason for which it was provided to us, or as otherwise permitted by relevant privacy laws.

4. Security

4.1 When any personal information is uploaded to the Synergy Health website or platform, it sends it over the Internet using the Secure Sockets Layer protocol. We also encrypt your personal information to help prevent others from reading it while it is in transit from your device to Synergy Health.

4.2 All personal information stored by the Synergy Health website or platform is encrypted and backups are also encrypted.

4.3 If you are using the Synergy Health website or platform to upload sensitive data (including health information), you should properly secure your device. To help do this for a computer, you can use anti-spyware and virus protection software. You can also restrict access to your computer (for example, by using a strong password for your computer login and a network firewall).

4.4 Synergy Health uses reasonable and appropriate technical and organisational measures to protect your personal information, however, we are also reliant upon you to do the same.

5. How we may use your personal information

5.1 We collect, hold, use and disclose your personal information for the following purposes:

5.1.1 where it is necessary for the performance of our contract with you or your organisation, or to take steps to enter such a contract, for example:

(a) to verify your identity;

(b) to set up and provide you with access to your account through our website or our mobile application;

(c) to connect your account to your organisation, and to report on your participation in connection with our services, and this may include disclosure of your name and email to your organisation and whether you have completed the wellness scorecard and your organisation’s questionnaire, and whether you have participated in or completed any wellness programme or challenge being run by your organisation, however we will not share the content or your responses or any other personal information input through the Synergy Health platform with your organisation;

(d) to provide our services and products to you;

(e) to respond to communications from you, including if you make a complaint;

(f) to facilitate payment for our services;

5.1.2 to provide you with information and otherwise market our services and products to you (e.g. by text or email) where you have an account or have signed up to receive these marketing communications;

5.1.3 where it is necessary for our legitimate interests of conducting our business, which may include:

(a) to manage, analyse and improve our own processes, and the services and products that we provide to you, or investigating any matter concerned with the use of the Synergy Health platform or website;

(b) optimising your experience as a user of our platform or website, the features of your account, or our services;

(c) selling a substantial part or all of our business to a third party;

(d) seeking feedback in relation to our services;

(e) to conduct research and statistical analysis (on an anonymised basis);

(f) to protect and/or enforce our legal rights and interests, including defending any claim;

5.1.4 to otherwise protect our vital interests in our property, or those of others, including to detect, investigate, prevent or address fraud, security or technical issues, or if we have good reason to believe there is an imminent threat of death or injury or a serious threat to health and safety; and

5.1.5 any other lawful purpose made known to you when collecting your personal information.

5.2 Other sections of this Privacy Statement also set out other specific situations in which your personal information is collected, held, used and disclosed.

5.3 We may use and disclose your personal information for any of these purposes, or for any other purpose authorised by you or by the Privacy Act 2020 and any other applicable privacy laws.

5.4 Under no circumstances do we sell your personal information to any third party.

6. Automatic Daily Steps from Google Fit App, Fitbit devices and Garmin devices

6.1 We provide the ability to automatically update your daily steps during a challenge from your Google Fit app, Fitbit device or Garmin device – subsequently referred to as “automatic steps device”.

6.2 To allow automatic updating of your daily steps, you sign into your automatic steps device account and agree to allow Synergy Health access to your recorded steps. You can revoke access at any time by updating your automatic steps device account settings or by removing the integration from your Synergy Health challenge or removing it from your Synergy Health account settings.

6.3 During the challenge that you have assigned your automatic steps deice to, we regularly check if your steps have been updated. For example when you access the challenge page that you have assigned your automatic steps device to.

6.4 We securely access only the information that you have agreed for us to access (your steps) using an API (computer data gateway) that has been provided by the supplier of your automatic steps device.

6.5 We only use the downloaded steps from you automatic steps device in order to automatically populate the number of steps you have taken for a particular day during the challenge that you have assigned your automatic steps device to.

6.6 Your steps information is encrypted in our database.

6.7 Steps information received from your automatic steps device is used in the same way as all other challenge information and will contribute to your personal and team score (if applicable).

7. How we use aggregate information and statistics

7.1 Synergy Health may use aggregated information collected through the Synergy Health website or platform to improve the quality of our services. This aggregated information is not associated with any individual person. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorised by us to determine and analyse general trends in the use of our website, platform and services, and to create benchmark data in relation to any aspect of our services.

7.2 We may provide aggregated or statistical data to your organisation. We may also provide industry aggregated or statistical data to any other person. All information comprised in such data will be anonymised and any disclosure will be done in general terms and will not be specific to you.

8. Management of your personal information

8.1 Except as otherwise stated in this Privacy Statement, your personal information we collect is held by us. Our address is set out below. Where you are outside of New Zealand, your personal information is transferred to New Zealand (which has an adequacy decision of the European Commission) and the other places referred to in this Privacy Statement.

8.2 We currently use Stripe to facilitate your payments. Stripe is based in the United States. Stripe will provide or make available to us the information collected by it as required to enable us to confirm your payment. Any credit card details stored for payments are done so on the Stripe system. No credit card information is stored by us. Please read Stripe’s privacy policy, available here, to understand the ways in which it collects, holds, uses and discloses such personal information.

8.3 We also embed survey tools in our website to collect your feedback. We currently use SurveyMonkey for this purpose. SurveyMonkey is based in the United States. SurveyMonkey’s privacy policy is available here.

8.4 Synergy Health may occasionally transfer information to other companies (being technology providers, providers of business and marketing services and providers of software tools used by us in our business) to provide services on our behalf. These third parties may be based in countries that do not have an adequacy decision by the European Commission. For example, your personal information is stored on AWS servers based in Australia. Australia does not have an adequacy decision of the European Commission. For Australian residents, your personal information which we store remains in Australia as it is stored on AWS servers, and your personal information is only otherwise transferred out of Australia in accordance with applicable privacy laws.

8.5 Our agreements with our third party providers contain appropriate safeguards in respect of your personal information, as they include standard data protection clauses. The third party providers are required to maintain the confidentiality of the information and are prohibited from using that information for their own purposes.

8.6 If you would like further information about how our agreements with these third parties, or any other third parties referred to in this statement, protect your personal information, please let us know.

8.7 We will retain your information for as long as needed to provide you our services, to manage backups of your personal information in accordance with our security practices, to be able to address any claim that might be made after you stop using your account, or to meet any legal obligations we have to retain such information, including managing our obligations to you in respect of the Synergy Health platform. We may retain your information for six months after your account has been de-activated. After this time and where the information is no longer required, we will take reasonable steps to destroy the information or ensure that it is de-identified (by overwriting).

8.8 We also de-identify (by overwriting) personally identifiable information when requested by the individual or that individual’s organisation, or where an organisation has ceased to be a client of Synergy Health for six months. During that six month period you may join our B2C product “better [blank]” or your organisation may request to be re-activated on our platform.

9. Marketing communications

9.1 To keep you informed of the latest improvements, Synergy Health may send you a newsletter and other marketing communications, where you have signed up to on the Synergy Health website, or you have an account with us. Where we obtained your consent to receiving the newsletter or other marking communications, you may withdraw your consent at any time.

9.2 We may use third parties to assist us to send you our newsletters and other marketing communications. We provide those third parties with your name and relevant contact information. Such third parties may be offshore and may not have an adequacy decision by the European Commission.

9.3 The relevant third party (where applicable) will collect information about your interaction with the communication. The information collected includes whether you opened the email, the links you clicked on, the webpages viewed and the dates and times of such access and activity. Information about the device used to access the marketing communication may also be collected. The third party provides or makes available this information to us for the various purposes outlined in this Privacy Statement. They may also hold this information on our behalf.

9.4 While these third parties are primarily collecting this information on our behalf, some of these third parties also use the information that we provide them and which is collected from your interaction with our marketing communications for their legitimate business interests, such as to provide, support and improve the services they provide and to undertake data analytics projects. However, we do not permit them to use your personal information to market their or any other person’s services to you.

9.5 We currently MailChimp for the purpose of sending our making communications. MailChimp is located in the United States, which does not have an adequacy decision by the European Commission. Our agreement with MailChimp contains safeguards in respect of your personal information, as it includes standard data protection clauses. If you would like further information regarding how our agreement with MailChimp protects your personal information, please contact us.

9.6 To understand the ways in which MailChimp collects, holds, uses and discloses personal information, please read their privacy policy available here.

9.7 If you do not agree with how MailChimp will handle your personal information then you will need to unsubscribe from receiving marketing communications from us. We will not be able to provide newsletters or marketing communications to you if you unsubscribe.

10. Cookies and other tracking technologies

10.1 We, along with our service providers, use cookies and other technologies to provide the functionality of the Synergy Health platform and this website. Cookies are small data files stored on a device with a web browser such as a personal computer, tablet and a smart phone. A cookie can contain information about your IP address, your device, or the online activity of a person who uses that device. The information in each cookie is sent to the party that controls that cookie.

10.2 The cookies we use are either session or persistent cookies. Session cookies only last until you close your browser. Persistent cookies remain on your computer until you delete them.

10.3 We use cookies where it is necessary for our legitimate interests of conducting our business, which may include managing, analysing and improving our website or optimising your experience as a user of our website. We also use the specific cookies referred to in the table below for the purpose set out in the table. Where we have your consent in accordance with the relevant law, or if your consent is not required by any relevant law, we may also use targeting cookies.

10.4 Our website uses cookies that perform the following functions:

10.4.1 Necessary cookies - These cookies are necessary to enable certain features of our website to operate.

10.4.2 Analytical or performance cookies - These cookies help us analyse data from our website so we can optimise our services to you. We use these cookies to compile reports and to help us better understand your use of our website.

10.4.3 Functionality cookies - These cookies allow us to enhance your experience (for example by remembering any settings you may have selected).

Host Cookie Purpose Further information
Synergy Health Limited Session Cookie Necessary for our Website and Application to operate.  
Synergy Health Limited Session Cookie - CSRF Token Necessary for our Website and Application to operate.  
Synergy Health Limited Persistent Cookie - Remember Me A functionality cookie that recognises you when you return to our Website.  
Synergy Health Limited Persistent Cookie - SSO Provides single sign on functionality for our Platform. No information is stored in this cookie, it's presence simply indicates if you are an SSO user. So for example, if the cookie exists, and you are not logged in, and you visit a website link, SSO login will be automatically triggered.
Google Analytics   Analytical cookie for understanding use of our Website and Platform. https://policies.google.com/privacy https://policies.google.com/terms
Google reCAPTCHA   Spam protection service primarily used to distinguish whether an input is made by a natural person or by automated processing. https://policies.google.com/privacy https://policies.google.com/terms https://support.google.com/recaptcha/?hl=en

10.5 Google reCAPTCHA
We protect selected pages using reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

 

11. We may also embed videos from third party providers within our website or the Synergy Health platform. Please note that these third parties may also use cookies or local storage over which we have no control. The third-party cookies may be targeting cookies. If you would like more information, please see the relevant third party’s privacy policy. The current providers we use for such videos are JWPlayer, Vimeo and YouTube.

 

12. If you do not agree to the use of cookies or other similar technologies, or would like to block some or all of the cookies or other similar technologies on our website from being downloaded onto your computer or device, you can do this by manually disabling or rejecting the use of cookies through your internet browser. Where the third party is collecting the information you may need to opt out in accordance with the process set out in the third party’s privacy policy or ad preferences material.

13. Where you have consented to the use of cookies, you can withdraw your consent at any time by disabling or rejecting cookies as set out above. If you disable or reject the use of cookies some functionality on our website may not be available or it may take longer to use that functionality.

14. We also use Firebase Cloud Messaging to send push notifications. Firebase uses tokens to identify who to send the notification to. This token is only generated if you enable device notifications on your device. If you do not agree to the use of such technology, please turn off device notifications. If you disable such functionality, we will be unable to provide push notifications.

15. Internet use

15.1 If you follow a link on the Synergy Health 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.

15.2 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.

16. Changes to this privacy statement

16.1 We may occasionally update this Privacy Statement. We encourage you to review this Privacy Statement periodically to stay informed about how we are helping to protect the personal information we collect. Your continued use of the Synergy Health website and platform constitutes your agreement to this Privacy Statement and any updates. The change will apply from the date that we upload the revised statement.

17. Accessing and correcting personal information

17.1 Subject to certain grounds for refusal set out in relevant privacy laws, you have the right to access, and to request a correction of, your personal information. Before you exercise your rights, we will need evidence to confirm that you are the individual to whom the personal information relates.

17.2 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, you may request that we note on the personal information a statement of the correction sought but not made.

17.3 If you want to exercise either of the above rights, email us at the address provided below.

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

18. Enforcement of this privacy statement

18.1 Synergy Health must comply with privacy legislation when dealing with personal information. If you would like any further information or have any queries, problems or complaints relating to our Privacy Statement or our information handling practices in general, please contact us at: Privacy Officer 185B Peterborough Street PO Box 2868, Christchurch 8013 New Zealand Email: brian@synergyhealth.co.nz

18.2 We will work with you to address or resolve any query, problem or complaint that you have in accordance with applicable privacy laws.

18.3 If you have a complaint about the way we have handled your personal information, you may contact our Privacy Officer using our contact details above.

18.4 A complaint may be made on behalf of a complainant by a guardian, friend, advocate or family member, but the person acting on behalf of the complainant must have written authorisation and verify their identity.

18.5 There are no fees or charges for making a privacy complaint. Your complaint should include a brief description of your privacy problem, including:

18.5.1 what happened;

18.5.2 when it happened;

18.5.3 what personal information of yours was affected; and

18.5.4 your contact details.

18.6 We will use your contact details to contact you about your complaint. Sometimes we may ask you for additional information in order to investigate your complaint. If you do not provide this, it may affect how we handle your complaint.

18.7 If a dispute were to arise between us and we cannot resolve this with you or we cannot resolve any privacy compliant you make to us, then you may lodge a complaint with the New Zealand Privacy Commissioner, the Australian Privacy Commissioner (if you are an Australian resident), or the relevant supervisory authority in the United Kingdom or the European Union.

19. Further Rights for UK/EU Residents

19.1 For residents of the United Kingdom or the European Union where the Data Protection Act 2018 (UK) or the General Data Protection Regulation 2016/679 of the EU (GDPR) applies, you also have the right to restrict the processing of your personal data, object to processing of your personal data, to the portability of your personal data, and to obtain erasure of your personal data, in each case in accordance with applicable data protection laws.

19.2 Note that references in this Privacy Statement to ‘personal information’ should be read as ‘personal data’ for the purposes of the Data Protection Act 2018 (UK) and the GDPR.

20. Further Rights for Californian Residents

20.1 For residents of California where the California Consumer Privacy Act of 2018 (California Civil code §1798.100 - §1798.199) applies, you also have the right to obtain information regarding the categories of personal information we have collected, the categories of the source of that personal information, the business or commercial purpose for collecting the personal information, the categories of any third parties to which we have shared your personal information, and the categories of personal information we have disclosed for a business purpose.

20.2 You may also request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.