Privacy policy

Tony Ferguson Weight Management Pty Ltd ACN 166 526 665 has collected your personal information which may include sensitive information (Information) because you have either:

Downloaded, installed and/or visited our website (Website) - tonyferguson.com on your computer, mobile or tablet device;
created a Tony Ferguson account (Account);
purchased products and services from us our Website;
opted in to receive our newsletter;
register for and participate in the Tony Ferguson Weight loss Program; and
book a consultation with our dietitian.

each an Engagement.

We will be unable to provide you with the full benefit of our Website, Tony Ferguson account, or other product or service arising from your Engagement if you do not provide us with your Information.

We will endeavour to collect the Information from you whenever possible through each Engagement. To ensure a customer focused experience for you, we may collect Information from other Third Party Platforms such as Facebook, Google and Apple and Microsoft with your consent when you visit our website, use it to login or create an Account.

We will use your Information to provide products and services to you including, where applicable, to fulfil your online orders, participate in the Tony Ferguson Weight Loss Program, or access one of our dietitians and market products and services to you based on your activity.

In the ordinary course of business, we may disclose personal information to third parties such as offshore data centres located in New Zealand, USA, Germany, Austria, South Korea and Canada, or sub-contractors providing support services to our Website in the Philippines.

Our privacy policy will provide more details about how you can seek to access or correct any personal information, how to complain about a privacy breach and how we will deal with such a complaint. You can contact us:

by emailing – enquiries@tonyferguson.com;
in writing to Privacy Officer, Tony Ferguson Weight Management Pty Ltd Ground Floor, 50 Park Road, Milton, QLD 4069
by calling our customer helpdesk on 1800 653 662.

PRIVACY POLICY

INTRODUCTION
- Tony Ferguson Weight Management Pty Ltd ACN 166 526 665 (TFWM, we, us, our), recognises that your privacy is very important to you and that you have a right to control your personal information. We know that providing personal information is an act of trust and we take that seriously. Unless you give us explicit consent to act otherwise, the following policy will govern how we handle your personal information and safeguard your privacy.
- We are committed to responsible privacy practices and to complying with the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (Privacy Principles) and Notifiable Data Breaches scheme contained in the Privacy Act, and where relevant, applicable state and territory health records legislation.
- In addition to this Privacy Policy, we may also have specific and additional privacy provisions that apply to certain activities and promotions. In the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.
- Where applicable, we will handle personal information relying on the related bodies corporate exemption and the employee records exemption in the Privacy Act and any other applicable exemptions in other legislation.
- This Privacy Policy sets out our policies on the management of personal information including how we collect personal information, the purposes for which we use this information, and to whom this information is disclosed. We may change our Privacy Policy from time to time at our discretion. At any time, the latest version of our Privacy Policy is available from our website at https://tonyferguson.com/policies/privacy-policy.
- All Tony Ferguson Weight loss centres (TFWM Centres) are independently owned and operated and have their own privacy policies that deal with the collection, use and disclosure of your Information.
WHAT IS PERSONAL INFORMATION?
- In this Privacy Policy, ‘personal information’ has the meaning set out in the Privacy Act. Essentially, personal information is information or an opinion about an individual who is reasonably identifiable. Personal information includes your sensitive health information.
HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
- In order to provide products and services to you and to best service your needs, we may collect personal information about you and your consent to use that information:
  - Website: through our website tonyferguson.com.

Your personal information including sensitive health information will be collected by us through the Website when you, for example:

register for and use an Account;
when you place an order for products and services;
when opting in to receiving our newsletter or other marketing;
when you participate in the Tony Ferguson Weight Loss Program; or
when you use our booking systems or consult with our Dietitian.

TerryWhite Chemmart Pharmacies and TonyFerguson Weight Loss Centres: through TerryWhite Chemmart pharmacies and TonyFerguson Weight Loss centres when you engage with them about our products and services or our Weight Loss Program;
Third Party Platforms: through platforms such as Facebook, Google and Apple and Microsoft with your consent when you use it to login or create an Account;
in the course of conducting customer satisfaction and market research surveys;
from our partners and service providers that we may use to provide, administer and operate our Website; and
from our related companies.

Personal information which we may collect and hold include:
- your contact details such as your name, date of birth, address including email address, and phone number (including mobile and landline phone numbers).
- your transactional and payment information (excluding your credit card number) if ordering and paying for products and services through the Website;
- your preferences and/or opinions;
- information you provide to us through customer surveys;
- details of products and services we have provided to you and/or that you have enquired about, and our response to you;
- information about your access and use of our services, including through the use of Internet cookies, your communications with our online services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
- information about your browser, your location, the country you are visiting from, your IP address, which pages you visit and what links you click on when you use our Website.
- additional personal information that you provide to us, directly or indirectly, through your use of our services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information;
- Weight loss tracking information such as weight, body measurements and eating habits if using our members portal; and
- any other personal information requested by us and/or provided by you or a third party.

FOR WHAT PURPOSE DO WE COLLECT, USE AND DISCLOSE YOUR PERSONAL INFORMATION
- The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it and what you intend to do using the Software. Whenever practical we endeavour to inform you why we are collecting your personal information, how we intend to use that information and to whom we intend to disclose it at the time we collect your personal information.
- We collect and use personal information about you for the following purposes:
  - to verify your identity;
  - to provide you with the functionality of the Website, including the ability to purchase products and services or to participate in our Weight Loss Program;
  - to provide a more personalised experience from the Website, social media platforms, and to improve our products and services and keep you up to date on such improvements;
  - to assist and enable TerryWhite Chemmart Pharmacies or other Tony Ferguson Weight Loss Centres to provide you with certain products and services and the Weight Loss Program;
  - to market products and services to you based on your profile or activity;
  - to administer and manage services, including charging, billing and collecting fees, record keeping and administration;
  - to analyse customer demographics, health, prescription, adherence, and purchasing trends so that we can tailor our products and services;
  - to improve the quality of our Website, or social media presence;
  - to respond to you if you have requested information (including via our Website or via an email or other correspondence you send to us) and to address any issues or complaints that you have regarding our products and services;
  - to obtain your feedback (directly or through our service providers), to find out your level of satisfaction with our products and services and for other market research activities; and
  - to contact you regarding any of the above, including via electronic messaging such as sms and email, by mail, by phone, by fax or in any other lawful manner.
- We may disclose your personal information to third parties in connection with the purposes described above. This may include sharing your personal information with:
  - our systems, applications and our related companies;
  - TerryWhite Chemmart Pharmacies, Tony Ferguson Weight Loss centres and other healthcare professionals in connection with providing products and services to you, to confirm your identity, or as otherwise required or authorised by law;
  - specific Third Parties detailed below, to administer and operate our Website;
  - other service providers that may provide products and services to us including suppliers, marketing agencies, data analysis specialists, data processing organisations, billing and debt recovery providers, website and data hosting providers and other IT suppliers.
- We may collect from, disclose to, and utilise the services of TerryWhite Chemmart Pharmacies, Tony Ferguson Weight Loss Centres, Klaviyo Inc and Reviews.io Pty Ltd (Third Parties) to do any of the following in relation to sensitive information collected from the administration and operation of our Website:
  - To facilitate the provision of products and services to you, including but not limited to health programs, processing payments for your orders, and to provide you with the functionality of our Website;
  - collect, store and provide to us or TerryWhite Chemmart Pharmacies and Tony Ferguson Weight Loss Centres, your personal information which may include sensitive and health information;
  - analyse customer demographics, health, prescription, adherence, and purchasing trends; and
  - provide targeted marketing (including by email or sms) of products and services based on your profile or activity.
- The information collected and stored by our Third Parties may be disclosed back to us and to TerryWhite Chemmart Pharmacies and Tony Ferguson Weight Loss Centres that you may obtain products and services from.
- We will take reasonable steps to ensure that the Third Parties, our partners, and other service providers only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with the Privacy Act and Privacy Principles and where commercially practical include suitable privacy and confidentiality clauses in our agreement with them.
- If you post information to public parts of our Website or social media platforms, you acknowledge that such information (including your personal information) may be available to be viewed by the public. You should use discretion in deciding what information you upload to such sites.
WHAT HAPPENS IF YOU DON'T PROVIDE PERSONAL INFORMATION?
- If you do not provide us with certain information about yourself, we may be unable to provide a product or service or use of the website to you. Please let us know if you have any concerns about providing personal information so that we can explain why we are collecting it and tell you about our privacy policy and information management practices.
DISCLOSURE OF INFORMATION OUTSIDE THE STATE/TERRITORY OF COLLECTION
- Some of the third parties to whom we disclose personal information may be located outside the state or territory in which the information was collected or outside Australia. The state/territories and countries in which such third parties are located will depend on the circumstances. For example, we may disclose personal information to our related companies overseas and to our overseas service providers.
- In the ordinary course of business, we may disclose personal information to third parties such as offshore data centres located in New Zealand, USA, Germany, Austria, South Korea and Canada, or sub-contractors providing support services to our Website in the Philippines.
- Except in some cases where we may rely on an exception under the Privacy Act or other law, we will take reasonable steps to ensure that such overseas recipients do not breach the Privacy Principles in relation to such information.
HOW DO WE PROTECT PERSONAL INFORMATION?
- TFWM will take reasonable steps to keep any personal information we hold about you secure. Please notify us immediately if you become aware of any breach of security.
- Our Website is a secure and controlled environment whilst you are logged into your Account. This includes the use of SSL/https 128-bit encryption whenever sensitive information is transferred across the internet. It also includes minimum requirements for password strength.
ACCURACY OF THE PERSONAL INFORMATION WE HOLD
- We try to maintain your personal information as accurately as reasonably possible. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly.
- You can amend the personal information you have provided by contacting [phone number] or emailing enquiries@tonyferguson.com.
- You may also contact us:
  - if the personal information we hold about you is incorrect;
  - to notify us of a change in your personal information; or
  - to request that we delete or de-identify your personal information.

Our contact details are set out in section 12 of this Privacy Policy.

LINKS, COOKIES AND USE OF TFWM WEBSITES AND APPLICATIONS
- When you visit our Website without an Account, we may record anonymous information which tells us about visitors to our website but not the identity of those visitors. For example, we may collect information about the date, time and duration of those visits and which pages of our website are being commonly accessed.
- Our websites may contain links to other sites. This Privacy Policy applies to our Website and not any linked sites which are not operated or controlled by us. We encourage you to read the privacy policy of each website that collects your personal information.
- We use ‘cookies’ and similar technology on our websites and in other technology applications. The use of such technologies is an industry standard and helps us monitor the effectiveness of our advertising and how visitors use our websites/applications. We use such technologies to generate statistics, measure your activity, improve the usefulness of our websites/applications and to enhance the ‘customer’ experience.
- If you prefer not to receive cookies you can adjust your Internet browser to refuse cookies or to warn you when cookies are being used. However, our websites may not function properly or optimally if cookies have been turned off.
- When you visit our website, or other digital presences, we may track anonymous information which tells us about your online behaviour, but not your identity.
HOW CAN YOU ACCESS AND CORRECT PERSONAL INFORMATION WE HOLD ABOUT YOU?
- You may seek access to personal information which we holds about you by contacting us as described in section 12 of this Privacy Policy. We will provide access to that information in accordance with the Privacy Act and health records legislation, subject to certain exemptions which may apply. We may require that the person requesting access provide suitable identification and where permitted by law we may charge an administration fee for granting access to your personal information.
- If you become aware that any personal information we hold about you is incorrect or if you wish to update your information, please follow the process in section 8 or contact us (see section 12 of this Privacy Policy).
QUERIES, COMMENTS AND COMPLAINTS ABOUT OUR HANDLING OF PERSONAL INFORMATION
- If you have any questions, comments or complaints about our collection, use or disclosure of personal information, or if you believe that we have not complied with this Privacy Policy, the Privacy Act or applicable health records legislation, please contact us (see section 12 of this Privacy Policy).
- When contacting us please provide as much detail as possible in relation to your question, comment or complaint.
- TFWM will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
- If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner (click here for information) or other relevant regulators.
HOW CAN YOU CONTACT US?
- Please address all privacy complaints and requests to update or access information to:

Attention: Privacy Officer
Tony Ferguson Weight Management Pty Ltd
Ground Floor, 50 Park Road,
Milton, QLD 4069

enquiries@tonyferguson.com

Any requests to access, update or correct your personal information should be made in writing.