This Privacy Policy sets out the practices of EVERBILITY PTY LTD ACN 668 055 669 (Everbility) in relation to the collection, use, disclosure and handling of personal information.
In order to provide you with the best service, we may ask you to provide us with personal information from time to time. Everbility respects your personal information, and your privacy is important to us. Everbility is committed to maintaining the highest standards to protect your personal information.
We comply with the Privacy Act 1988 (Cth) (Privacy Act), Australian Privacy Principles (APPs). The Privacy Act, APPs govern the way in which Everbility must manage your personal information, and this Privacy Policy sets out Everbility’s practices in relation to the collection, use, disclosure, and handling of personal information.
This Privacy Policy also applies to all employees and contractors of Everbility in relation to the collection, storage, use, and disclosure of personal information in the workplace. Any person using the Website should familiarize themselves with the Privacy Policy of this Website and ensure they review it from time to time.
You will be made aware when any personal information is required that may allow Everbility to identify or contact you. Personal information will usually be requested when you register for a particular service with Everbility. By consenting, either expressly or impliedly, to Everbility processing your personal information, you will be deemed to have read and accepted the terms of this Privacy Policy. Everbility will not process your personal information unless it has your actual or deemed consent. Your personal information will only be used in accordance with this Privacy Policy. You are free at any time to opt out of receiving information from Everbility at the end of each communication.
The personal information that Everbility may collect and hold includes (but is not limited to):
Everbility will collect personal information directly from you unless it is unreasonable or impracticable to do so. We will only ask you to provide information that is relevant to the service or product that you have requested or to enable us to respond to your inquiry.
When collecting personal information from you, we may collect it at various stages, including (but not limited to):
We may also collect personal information from third parties, including data analysis agencies.
In order to measure the success of our online advertising, we may use pixels or transparent GIF files to establish which of our online adverts successfully bring people to our Website. The GIF files are provided by third parties who provide us with online advertising analysis. This system places a cookie on your browser when you enter our Website via online advertisements, allowing us to see which online advertisements bring us the most visitors to our Website. Most web browsers automatically accept cookies, but you can change your browser to reject them. It is still possible to access our Website without having cookies enabled.
The information collected on our behalf is anonymous and does not personally identify you, which, for statistical purposes, includes:
Everbility may use personal information about you so that we can provide you with a high quality of customer service.
We collect, hold, use, and disclose your personal information (not your client’s) for the following purposes:
Everbility may contact you regarding anything set out in the above by e-mail, post, or telephone.
We may also collect personal/sensitive information about third parties from you, such as personal information about your clients, so that we can help you with providing relevant services to those third parties. Everbility will only use the personal/sensitive information for the purpose for which you collected, i.e., providing health services.
From time to time, we may use the information (not your client’s) you give us for marketing purposes. Other than as required by law or as set out in this Privacy Policy, we will not disclose information about you to any third party without your permission. Your or your client’s personal information will not be shared, sold, rented, or disclosed other than as described in this Privacy Policy. Everbility will not use your or your client’s personal information for any purpose for which you would not reasonably expect us to use you or your client’s personal information. Additionally, Everbility will not disclose your or your client’s sensitive information without your consent unless for the primary purpose of providing health services for which you use Everbility.
Everbility will immediately remove your or your client’s personal information from its database if requested by you. Everbility will do this in accordance with their policy on destroying personal information (see Destruction of Information), in order to keep your information secure.
Where possible, Everbility will give you the option of not identifying yourself or of using a pseudonym. Everbility may not always be able to interact with you in this manner, especially where it is required by law to identify you before providing certain information. In general, Everbility will not be able to assist you anonymously or where you are using a pseudonym when it is impractical or we are required or authorized by law or a court/tribunal order to deal with you personally.
By accepting the Conditions of the Website and providing us with your personal information, you consent to us sending you direct marketing communications by any of the methods listed above (see Purposes for Collecting, Holding, Using, and Disclosing Your Personal Information). If you indicate a preference for a method of communication, we will endeavor to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see contact details below) or by using opt-out facilities provided in the marketing communications, and we will then ensure that your name is removed from our mailing list.
Please note that by opting out of receiving marketing communications, you may still receive communications from us (such as invoices and notices) in relation to the products and services you have purchased from us.
We process your personal information for the purposes outlined in this Privacy Policy. Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing your personal data include:
We will only process special categories of personal data (sensitive data) with your explicit consent or when required by law.
We may process your personal information based on our legitimate interests in operating and improving our business. This includes:
When we process your personal information based on legitimate interests, we ensure that we consider and balance any potential impact on you and your rights under data protection laws.
We do not knowingly collect or maintain personal information from anyone under the age of 13, unless permitted by law. Any person who provides personal information through the Website represents to us that they are 13 years of age or older. If we learn that personal information has been collected from a user under 13 years of age on or through the Website, we will take appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 who has provided personal information to us, please contact us using our contact information below to have that child’s information deleted.
We may disclose your personal information to our related bodies corporate, third-party suppliers, service providers, government and quasi-governmental organizations, prospective purchasers of part or whole of our business, and stock exchanges located overseas for some of the purposes listed above (see Purposes for Collecting, Holding, Using, and Disclosing Your Personal Information).
We take reasonable steps to ensure that the overseas recipients of your or your client’s personal information do not breach the privacy obligations.
Everbility has an agreement with OpenAI wherein any data you provide to Everbility for the primary purpose of providing the expected services to your clients will not be used by OpenAI to train its models and will not be stored on its servers and its subprocessors or when Everbility stops using OpenAI’s services. OpenAI is SOC2, SOC3, and GDPR compliant. You can learn more here: https://trust.openai.com/
Everbility may disclose your personal information to:
We may combine or share any information that we collect from you with information collected by any of our related bodies corporate.
We are not responsible for the privacy policies of any third party, and we accept no liability on behalf of any third party. Third parties are responsible for informing you about their own privacy practices. The third-party providers (i.e., the subprocessors) that are used by Everbility are: Clerk for user management, Stripe for payment services, OpenAI for data processing services, Vercel for Analytics, Mixpanel for Analytics.
Except as set out in this Privacy Policy, Everbility will only disclose personal information with your permission or as required or allowed to do so by law.
Under applicable data protection laws, you have certain rights regarding your personal information. These rights include:
To exercise any of these rights, please contact us using the contact details provided below.
We require accurate personal information about you to ensure you receive the best possible service from Everbility.
You will be able to access personal information that Everbility holds about you if it can be readily retrieved, subject to some exceptions allowed by law. Where we hold information that you are entitled to access, we will try to provide you with a suitable means of accessing it (for example, by mailing or emailing it to you).
To request access to your personal information, please contact Everbility in writing. We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge you for simply making the request and will not charge for making any corrections to your personal information.
There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. In these instances, we will provide written reasons for any refusal.
We take reasonable steps to ensure that your personal information is up-to-date whenever we collect it or use it. This may include, for example, using data obtained from third parties to verify the accuracy of your personal information.
If you find that current personal information we hold about you is inaccurate, incomplete, or out-of-date, please contact us immediately and we will take reasonable steps to correct it.
If you do not provide us with the personal information described above (see Collection of Personal Information), some or all of the following may happen:
We take reasonable steps to ensure we protect any personal information that we hold from misuse, loss and unauthorised access, modification and disclosure.
Although we take reasonable steps to maintain the security of our Internet connections, for reasons outside of our control, information transmitted to us over the Internet may not be absolutely secure. Everbility assumes no responsibility for disclosure of data due to errors in transmission.
If we become aware that any of your personal information has been accessed by an unauthorised party (Data Breach), we will notify you of the Data Breach within 72 hours of us becoming aware of such breach.
If the personal information we collect is no longer needed for any purposes and we are not required by law to retain it, Everbility has procedures in place to ensure that any document or record containing your personal or health information is disposed of in a manner that preserves your privacy.
Everbility will immediately remove your personal information from its database if requested by you.
Our Website may contain links to other mobile applications or websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third-party mobile applications or websites and we are not responsible or in any way liable, for the privacy policies or the content of any third party mobile applications or websites. Third party mobile applications or websites are responsible for informing you about their own privacy practices.
We take precautions to protect your personal information collected through https://www.everbility.com but in the event that our system is infiltrated by unauthorised third parties, we will not be liable for any resulting misuse of personal information.
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. We do not accept any liability for the improper actions of unauthorised third parties.
Everbility ensures that all employees and contractors are bound by a confidentiality agreement requiring that they do not use or disclose your personal information in a manner contrary to this Privacy Policy.
We retain your personal information in line with relevant legislation and for as long as the information is relevant to our business purposes as set out above (see Collection of Personal Information) or until you request that we remove the information by contacting Everbility.
You agree to defend, indemnify, and hold harmless Everbility, our officers, directors, employees, agents, subcontractors, licensors, and suppliers from and against all claims, actions, demands, liabilities and settlements arising in connection with your use of the Website.
All information which is held by Everbility is governed by the latest version of this Privacy Policy at all times. Everbility may change this Privacy Policy at any time without notice. We will let you know as soon as reasonably practicable after our Privacy Policy has changed.
If you believe that your privacy has been breached, please contact us immediately using the contact information below and provide details of the incident so that we can investigate it.
We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint and undertake our own thorough investigation into such breach. We will attempt to confirm as appropriate and necessary with you, your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will investigate your complaint and advise you of the outcome of our investigations in writing.
If you feel we have failed to deal with your complaint in a satisfactory manner, you can make a complaint about the handling of your personal information by Everbility to the Office of the Australian Information Commissioner (Australia) (https://www.oaic.gov.au)
If you are an EU/UK resident and remain dissatisfied, then you have the right to apply directly to your local data protection authority. You can find the list at https://www.edpb.europa.eu/about-edpb/about-edpb/members_en
For individuals in the European Union (EU), you may contact our EU GDPR representative:
For individuals in the United Kingdom (UK), you may contact our UK GDPR representative:
If you have any questions about this Privacy Policy, any concerns or a complaint relating to your personal information, please contact us at:
Everbility Email: support@everbility.com