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Outline
1.1 On 8 June 2023, Eucalyptus completed the purchase of JCWLC SPV Pty Ltd (Jenny Craig AU/NZ). This Privacy Notice, which is subject to the Privacy Act 1988 (Cth), the Health Records and Information Privacy Act 2002 (NSW) and the Privacy Policy of Juniper Australia (myjuniper.com/privacy), is intended to notify you about the collection of your personal information by us for the purpose of carrying on one or more of our functions as set out at clause 2.
1.2 This Privacy Notice covers all matters required to be covered under APP5 of the Privacy Act 1988 and HPP4 of the Health Records and Information Privacy Act 2002 (where applicable) in relation to the notification of the collection of your personal information from Jenny Craig AU/NZ.
Purpose
2.1 Primary and Secondary Purposes. We collect your personal information to lawfully carry out our functions and activities including to:
(a) Process and deliver goods or services to you;
(b) Provide you with information about the goods or services you requested or inquired about;
(c) Personalise and customise your experiences with us;
(d) Communicate to you announcements and updates, including services that will be provided after 8 June 2023;
(e) Send you marketing and promotional information about: (1) us and our goods and services, or (2) our group companies and business partners and their goods and services.
(f) Help us review, manage and enhance your services and develop insights used in reports or other content developed by us;
(g) Pass on any communications about services provided prior to 8 June 2023 to the relevant party;
(h) Communicate with you, including by email, mobile and in-application notifications;
(i) Investigate any complaints about or made by you, or if we have reason to suspect you have breached any relevant terms;
(j) Any purposes for which the information was originally collected by Jenny Craig AU/NZ;
(k) As required or permitted by any law; or
(l) Any further purposes as outlined at myjuniper.com/privacy.
What We Collect
3.1 Personal information we collect about you may include identification information such as your name, address, email address, phone number(s), and such other information that was collected in relation to services provided to you by Jenny Craig AU/NZ prior to 8 June 2023. We also collect any personal information that you choose to provide to us after 8 June 2023.
3.2 Sensitive information we collect about you may include health information or other sensitive information that you provided to Jenny Craig AU/NZ prior to 8 June 2023. You are able to request access to any health information that we have collected about you by contacting the details below. We also collect any other sensitive information that you choose to provide to us after 8 June 2023.
Failure to collect information
4.1 Consequences. If your information is not collected, or if that information is incomplete or inaccurate, we may not be able to provide our services or communications to you.
Disclosure
5.1 How we disclose. We may disclose your information in accordance with our Privacy Policy at myjuniper.com/privacy or the following:
(a) third parties engaged by us to perform functions or provide goods or services on our behalf;
(b) relevant regulatory bodies in the industry in which we operate
(c) our professional advisors, including our accountants, auditors and lawyers;
(d) our related bodies corporate;
(e) persons authorised by you to receive information held by us;
(f) a government authority, law enforcement agency, pursuant to a court order or as otherwise required by law;
(g) a party to a transaction involving the sale of our business or its assets; or
(h) with your consent.
Protection
6.1 We will hold personal information as either secure physical records, electronically on our intranet system, in cloud storage, and in some cases, as records on third party servers, which may be located overseas.
6.2 We maintain appropriate physical, procedural and technical security for our offices and information storage facilities so as to prevent any loss, misuse, unauthorised access, disclosure, or modification of personal information. This also applies to disposal of the personal information.
6.3 We further protect personal information by restricting access to your personal information to only those who need access to the personal information to do their job. Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of your personal information.
Overseas Disclosure
7.1 We may disclose your information to external service providers located overseas so that they can provide us with services in connection with the operation of our business that allow us to provide our goods or services to you.
7.2 By acknowledging this Privacy Notice, you acknowledge that APP 8 of the Privacy Act 1988 (Cth) will not apply to such disclosures. For the avoidance of doubt, in the event that an overseas service provider breaches the APPs, that entity will not be bound by, and you will not be able seek redress under, the Privacy Act1988 (Cth).
Direct Marketing
8.1 From time to time, we may use or disclose to our third-party service providers your information to provide you with marketing materials that may be of interest to you, including marketing materials in relation to offers, specials, other products and services that we, our group companies, or affiliated business partners provide.
8.2 We conduct all direct marketing in accordance with the relevant laws and regulations, including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) (as applicable). You may opt out of receiving marketing communications from us at any time by following the opt out instructions provided in such marketing communications or by contacting our Privacy Officer. Where you receive marketing communications from us through multiple channels, you will need to opt out form each of those channels by following the instructions provided in such marketing communications or by contacting our Privacy Officer.
8.3 Receiving marketing communications is not a condition of any purchase or service with us. However, you are solely responsible for all charges related to SMS/text/email messages you send, including charges from your wireless or internet provider. If your contact details change, you may need to subscribe with your new contact details to ensure you can still receive marketing communications.
Accessing and correcting your personal information
9.1 You may contact our Privacy Officer to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. We may require you to verify your identity and specify what information you require. On the rare occasion when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to any of the personal information about you held by us.
9.2 We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusal.
9.3 We will respond to all requests for access to, or correction of, your personal information within a reasonable time.
Contact
10.1 If you have any questions, concerns or complaints about this Privacy Notice, please direct your enquiries to:
The Privacy Officer
JCWLC SPV Pty Ltd
10.2 If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001
Telephone: 1300 363 992 or via their website https://www.oaic.gov.au/
Changes
11.1 We reserve the right to change the terms of this Privacy Notice from time to time, without notice. An up-to-date copy of our Privacy Notice will be made available on our Website and we encourage you to check our website periodically to make sure you are aware of our current Privacy Notice.
11.2 The last update to this document was June 2023.
