Privacy Policy and Code of Conduct

PRIVACY POLICY

WHO WE ARE
Kimberly Dean is the managing director and employee of Nurture Point Pty Ltd. We are aware and understand that your privacy is an important issue for you as a consumer and that you care about how your information is gathered, stored, used and shared with other people. We value and respect the privacy of everyone who is in contact with us and will only collect and use information in ways that are appropriate for your needs, in a manner consistent with your rights as a consumer and our obligations under Federal and State law.

This privacy policy applies to all our use of any data collected by us, or our representatives. It is important for all users of the Website, and our services, to read this privacy policy and to understand how the policy affects you. Your understanding and acceptance of this privacy policy is taken by passive agreement upon first use of the website, or first consultation. A copy of our privacy policy is provided within our on-boarding documentation. Should you wish to ask any questions about the policy please do not hesitate to contact us for further information. Should you not accept and/or agree with our privacy policy, you must stop using our website immediately.

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DEFINITIONS USED
“Member Account” refers to the account required to access and/or use certain areas and features offered on our website;

“Australian and EU Cookie Law” refers to the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; as well as the Privacy Act 1988 (Privacy Act) and Australian Privacy Principles.

“Cookie” refers to a small text file placed on your computer or device by our website when you visit. Details of the Cookies used by Our Website are set out below;

“Our website” refers to this particular website, www.nurturepoint.net;

 “We/us/our” means Kimberly Dean, registered in Australia, whose registered address is Goldieslie Road, Indooroopilly.

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WHAT WE COLLECT

Only the information provided to us by you. Examples are listed below:

​Customer Support Information: Should you contact us (via social media channels, phone, email, text or messaging platform), we may nominate to collect and store your information. The information we may opt to keep include your name, your business details, contact details, the information provided within the communication and any other data you may provide. Some of transactions which take place on this website may require us to telephone or text you or a third party to verify the information provided. Should this occur our contact will only be initiated after we obtain your consent to do so.

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Email Information: If you opt into receiving email notifications from us, we will collect your name, email address and purchase history so that we can send you up to date email communications about any requested information, products, and/or services.

Forms and Surveys: We may offer you the opportunity to complete a form, survey or provide feedback, either through our website or third-party platforms. If you opt in to participate, we will take that as consent to collect and store the data you provide us, (including but not limited to your name, personal information, email address and any other requested feedback and any other relevant information). Should you choose to submit this information on our website, email or a third-party platform the process of collecting, using, and sharing your data will also fall under either our, or the privacy policies of the third party used.

Payment Data: If you choose to purchase any products, workshops or services, we will collect information about your purchase to complete the purchase process. We ask that you provide a minimum of payment and billing information directly to our third-party payment processing partners. The specific information we require to collect and use includes, but is not limited to, your name, credit card information, security code, expiration date, billing address, and post code.

Member Account Data: At any time that you choose to purchase, or are provided with access to one of our products or workshop programs, you may be required to create a member account and provide information like your name, email address and password. We collect data regarding the first date on which you signed up for a Member Account, which products you have access to, how much you paid for those product(s) or service(s), as well as your activity and participation details.

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Shared Public Content: Our website permits you to publicly interact with us and other users, share content, post comments, and ask or answer questions. If such information is lodged on to our social media sites, then we may seek to authorise the publication of the commentary prior to its release for public visibility. It is important to be mindful that once published, it may be accessible to the general public and other third parties.  If such information is shared on a third-party platform, such as a social media site, the collection, use, and sharing of your data will also be subject to the privacy policies and related agreements of that third party. The responsibility for familiarising yourself with the content of the third party’s privacy policies remains with you.

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Automatic Tracking Technologies and Your Personal Data

When you visit our website (including our email communications, cookies, pixels, web beacons, tags, and other tracking technologies to collect information about your engagement) information about your browsing activity and purchasing behaviour will be tracked to ensure that we continue to provide quality services. The type of tracking technologies that we may use in our products and services offering include:

Cookies: As previously detailed, when we use the term “Cookie” we are referring to a small amount of data that is sent to a website user’s browser from a website server and is stored on the computer’s hard drive. We use non-identifying cookies to provide easier Website navigation. Our Website can still be used if your browser is set to reject Cookies. Our Cookies do not generate personal data, do not read personal data from your machine and are never tied to anything that could be used to identify you. Should you wish, you may opt to disable the Cookies at any time. You can do this by changing your browser or device settings. For further information about how to disable Cookies within your system please check your internet browser provider’s website through your help screen. The information gathered through cookies may include the date and time of your activity, the pages viewed, time spent at our Website, and the websites visited just before and just after our own, in addition to your personal IP address. At any time, we may choose to expand the use of Cookies and saved data to increase the quality of our services and client experience.

Web Beacons. We have opted to use web beacons as well as single-pixel GIFS to track and data mine for marketing purposes. At various times we may also use third-party analytic tools such as Google Analytics. These services may employ Cookies to collect information about your use of our products and services also.

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What do we use with this information? Whether you access the relevant information through a browser or a mobile device, we use the information gathered, stored and used, to improve the product and service offering to our clients. We may present advertising based on user activity to ensure a tailored experience which enhances our customer service. The information compiled will remain anonymous, aggregated information that allow us to better understand our customers and visitors at a macro-level.

Please note that you have options with Cookies:
• At any time you can actively opt out of Google Analytics. For further information about how to opt out of being tracked by Google Analytics across all websites you use, please visit Google page: https://tools.google.com/dlpage/gaoptout.
• At any time you can learn how to manage your privacy and storage settings for Flash-based Cookies. You can do this by the following the website page: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
• For further information about deleting or blocking cookies please follow this website link: http://www.allaboutcookies.org.
• More information about advertisers’ use of cookies can be found at: European Interactive Digital Advertising Alliance: http://www.youronlinechoices.eu/

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HOW YOUR INFORMATION IS USED

We use the information we collect in a variety of ways, including (but not limited to), services and offerings, responses to surveys and questionnaires, sales and service order invoices, product or marketing communications (which is a broad to term intended to include market research, lead generation, advertising and marketing campaigns), customer services and any activities completed to optimise the business.

The reason why we use your information is the execution of a contract with you and/or a relevant party; operating a legitimate business; compliance with our legal obligations as a business operating in Australia, and always intended to be by your consent (which you can withdraw at any time in writing).

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HOW AND WHO WE SHARE YOUR INFORMATION WITH

In order for us to continue to deliver the agreed services and products we will collect your personal information and may need to share that information with other individuals and companies. Any information you have chosen to publicly share with us in the above listed ways will be made available to anyone who can access that content, including company employees and contractors in order to continue to deliver the agreed services and/or products.

In some instances we may use a third-party service provider to collect and utilise the personal information you have shared with us, or someone else has on your behalf. An example of a third-party may include marketing and advertising services, email and hosting services, financial institutions to deliver credit card payments, data analysis companies, technical support, collecting customer research or satisfaction surveys. 

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Online Advertising Services

We may opt to use third-party advertising services, such as Instagram®, and Facebook® so that we can advertise our products and services on our websites, or other websites and applications that you may use. The advertisements that we use may be based on the information we have collected (as outlined above), as well as any information these advertising providers may have about you based on their tracking data and analysis. The advertisements can be developed by analysing your recent activity, or activity over time. It may also utilise information gathered across other Websites and services and may be tailored according to your interests.

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We may opt to use analytics services such as Google Analytics® on the website so we can assist us analyse your use of the website and maximise how you interact with it. The reason why is so that can refine and improve the information, products and services we provide to you. This analysis may include the information gathered from third-party websites you have used prior to finding our website, the length of your visits and the amount of times you have visited as well as purchasing behaviour.
 

Law Enforcement, Legal Process and Compliance

There are some instances where we may be compelled to disclose your personal information, including:

1. if we are legally obligated to do so by applicable law, legal process, or request to law authorities or other government officials,

2. if your physical safety or financial loss is at risk to the best of our knowledge,  

3. so we can establish, maintain, exercise or defend our legal rights,

4. in response to an investigation of suspected or actual illegal and fraudulent activity,

5. if we are legally within our rights to do so, or

6. with your authority to do so.

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Change of Ownership

In the instance of a potential or actual sale or transfer of a portion or all of the business(es) or assets we reserve the right to transfer to any relevant third-parties information that we have about you. This may also apply in the event of an acquisition, divestiture, dissolution, liquidation, merger, joint venture or re-organisation (or other business combination that may arise). In such an event, we will require the relevant third parties to provide comparable levels of protection to you as we provide, with respect to shared information.

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A NOTE ON KEEPING YOUR INFORMATION SECURE

We like to remind people that the transmission of information via the internet or email is not always completely secure, even though we endeavour to ensure its security. We will do our best to protect your personal information however, we cannot provide absolute guarantees to the security of your information transmitted through the websites or email. We like to note that any transmission of information is to be done at your own risk.

YOUR RIGHTS

Prior to engaging our services or providing us with your personal information, we like you to be aware that you have rights regarding the personal information we hold about you. Below we have outlined some of these rights and provided some information about how you can exercise them. It is important to be aware that before responding to any requests to exercise those rights, that we will require you to verify your identity. After verifying your identification, we will release the information to the account holder. In some instances of the below rights, there may be a valid legal reason/s to refuse your request (if this is the case we will let you know).

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Your Choices About the Use of Your Data

You can choose not to provide certain types of information to us. This may impact your use of the website and stop you from being able to use certain features.

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Cookies: You can find information and edit the use of Cookies. These Cookies are used to tailor advertising from participating companies. In order to do this you can refer to the consumer opt-out pages referenced above under “Automatic Tracking Technologies and Your Personal Data.”

Information from Third Parties: You can manage the information we receive about you from a social media site or other third parties. To do this you will need to follow the instructions from that party so you can update your information and change your privacy settings (where available). Any of the information we collect is covered by this privacy policy and the information the third-party collects is subject to such third party’s privacy practices. If you have nominated privacy choices on any third-party Website, it will not automatically apply to our use of the information we have collected directly through our websites or the provision of products or services.

Marketing Email Communications: At any stage you can opt out of our marketing communications with you, or change your preferences. You can do this by following a link which will be included in the footer of the email messages from us. Alternatively, you can contact us via email.

Navigation Information: At any stage you may wish to cancel the collection of navigation information about your visit to the Website by Google Analytics. You can do this by using the Google Analytics Opt-out feature.

Transactional or Service Email Communications: In some instances the communication you will receive from us will be transactional or service communications (including but not limited to product updates, important account notifications and billing information). Any company products or services are provided to you based on the condition that you receive these communications from us. If after you receive these communications, you change your mind and do not wish to receive them any more, you must cancel your Member Account for company products and services or email us. If you want to cancel your Member Account, you can also mark this preference in your Account Settings. Unless you opt-out of our marketing communications, you may still receive communications from us even after you cancel your Member Account.

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Your options for accessing, updating, transferring and deleting your personal data

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At your discretion you can update your personal information in the following way:

You can choose to update your Member Account information by logging into your Member Account and updating your settings. Should you wish to update any other data, please contact us via email. In the instance that wish to alter your information, we may require an explanation as to why you wish to change your details. If we have inaccurate or incomplete about you we will take active and reasonable steps to determine what measures need to be taken. A copy of your personal information that we have about you may be requested by emailing, at which time you can request that we transfer or delete it within a 60 day period. In order to ensure a high standard of service, we may need to verify your identity before actioning your request. It is important to be aware that in order to comply with mandatory record-keeping and transaction laws, we may need to retain certain information.

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Should you have legitimate grounds for objecting to the processing of your personal information at any time, except if otherwise permitted by appropriate and applicable law. If, at any time, you believe your right to privacy (granted under the applicable data protection laws) has been breached, please contact us via email. As a consumer, you may also retain the right to lodge a complaint with data protection authorities.

THIRD-PARTY WEBSITES

As this website(s) is regularly updated to reflect the changes to our Services and Products. As such, this website may contain features or links to website(s) and services provided by third parties (as outlined). Any information you provide on these listed third-party websites or services will be directly provided to these operators. As such, your information will be treated according to the policies of those other providers (including governing privacy and security), even if accessed through our website. Its important to note that we claim no responsibility for the content, privacy or security practices and policies of third-party websites and/or services to which links or access are provided through our website(s). We ask that you to learn about any third parties’ privacy and security policies prior to providing them with your personal information.

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DATA TRANSFERS

To enable us to provide the products and services we do, your personal information will be stored and processed in Australia. It is important to be aware that in those instances where data is shared with a third-party data processor (if at all), that your data will be treated according to the third party’s policies, practices and local regulatory laws. These processes include the capture, transfer, storage and processing of your personal information.  

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DATA RETENTION

To comply with current legislation and ensure quality control we will retain your personal information for as long as your account is active. This information may be used to comply with legal obligations, to resolve any presenting disputes, and enforce our agreements. We actively delete non-customer email subscribers upon request. If you wish to delete your information, please contact us via email.

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CHILDREN

We offer our Services to minors , or those who are aged under 18 years of age, only under the authority parental or guardian consent. We have not actively or knowingly collect Personal Data from known minors without parental consent. As the majority of our ongoing business includes the provision of online naturopathic and nutritional advice, before any consultation can take place with a minor, the authority of the relevant guardian authority is requested in writing. Any consultation with a minor is restricted to those conducted within Australia only. If you are a guardian, or parent of a child under the age of 18 years old and you believe that they have disclosed personal data to us without your consent, please contact us immediately via email or phone. Additionally, if you are a resident of the European Economic Area (“EEA”) (which under current legislation requires explicit consent to processing Personal Data), we will not knowingly process Personal Data for Users under age 18 years of age to having given consent established under EEA data protection laws. If we become aware that we have, or are about to process any Personal Data covered by these laws, we will cease doing so and, take prompt and reasonable measures to remove it from our records permanently.

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PRICING POLICY

The pricing for consultations and products are confirmed with you prior to sale. If you decide to cancel a consultation within a 48-hour period of the agreed time you will forfeit 50%, and within a 24-hour period of the agreed time your 100% is forfeit and will not be credited to a future consultation time. Any products recommended and agreed to purchase within the consultations will be charged at the end of the consultation before the product is delivered. No products can be returned if you change your mind however, if the product is faulty please contact us so we may discuss notifying the producer to arrange a replacement. 

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CHANGES AND UPDATES TO THIS POLICY

As we aim to always remain current and responsive to what is happening, we ask that you continue to revisit this page periodically to stay in touch with any changes to our policies. Any changes to the policy will be listed and published here with a reference to the date is was revised.  If you opt to continue using the website(s) after any Policy revision will be interpreted as passive consent which indicates that you have read, understood and agreed to the current version of the Policy.

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CODE OF CONDUCT FOR UNREGISTERED HEALTHCARE PRACTITIONERS

At the time of publishing qualified Naturopaths are unregistered. If you are interested in reading more about the code of conduct for unregsitered healthcare practitioners please follow the link: Code of Conduct for Unregistered Healthcare Practitioners

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NATUROPATHS & HERBALISTS ASSOCIATION OF AUSTRALIA (NHAA)

We are proud to be members of the NHAA association. The association is responsible to take the lead in professional matters and to express and interpret the needs and views of the members of the profession for the benefit of the community. It is an important bridge that connects health care consumers, policy makers, and health professionals. To read more about the association's Code of Ethics please follow the hyperlink.

Informed Consent and Client Responsibilities

Prior to treatment all clients will be asked to complete an “Informed Consent and Client Responsibilities” form. It will ask to read, acknowledge and approve the parameters in which the client/practitioner relationship will be based. It confirms the following:

●      The client understands that the form of health care provided at Nurture Point Pty Ltd is based on Naturopathic Medicine and other supportive principles and practices. Treatment modalities include Western Herbalism, Naturopathy, hydrotherapy and nutrition.

●      Clients need to recognise that even the gentlest therapies may cause complications in certain physiological conditions such as pregnancy, lactation, very young children, very elderly patients, those on multiple medications, or those with specific diseases such as heart, liver, kidney or diabetes.

●      All information clients provide to their practitioner about their current health condition, both in the Client Intake Form and during any subsequent consultations, is true and correct to the best of their knowledge.

●      Clients agree to inform their practitioner of any changes to their current medical/health condition, including any new medications, herbs, vitamins, supplements etc they are taking, any new injuries or diagnosed/undiagnosed medical conditions.

●      If the client is female, they agree to inform their practitioner immediately if they fall pregnant, suspect that they are pregnant, plan to fall pregnant or if they are breastfeeding as this may impact the appropriateness of the advice given.

●      Clients understand that a health record will be kept of the information disclosed in their consultations and the treatments provided to them.  This health record will be kept confidential and will not be released to any other person without their written consent, unless required by law.

●      Clients can look at their health record at any time and can request a copy of it as required.

●      Client’s health record may be used for research and treatment purposes, but client identities will be protected and kept confidential.

Information provided and treatments prescribed

Clients are asked to declare that:

●      They understand that their practitioner holds the appropriate qualifications required to provide naturopathic advice.

●      They understand that their practitioner is not a medical doctor and that the information provided to them is on no way intended as medical advice, or a substitute to medical counselling and the information supplied should be used in conjunction with the guidance and care of their physician.

●      Clients are at liberty to seek or continue medical care from a physician, or another health care provider.

●      No practitioner or employee of Nurture Point Pty Ltd has suggested or advised a client to refrain from seeking care from or following the directions of another health care provider.

●      Clients understand their practitioner will answer all questions and explain all treatments to the best of their ability and, as with any form of treatment, results and lack of side effects cannot be guaranteed. 

●      Clients cannot expect their practitioner to be able to anticipate all risks or complications.

●      Clients recognise that despite all precautions on behalf by their practitioner, there are risks of side effects/complications/illness occurring as a consequence of the use or misuse of the treatments prescribed by their practitioner.

●      Clients expressly assume such risks and waive, relinquish and release any claim which they may have against their practitioner, the company Nurture Point Pty Ltd, or their affiliates/employees/contractors as a result of any future injury, illness, liability, loss or damage incurred in connection with, or as a result of a client’s use or misuse of prescribed treatments or advice.

Metabolic Balance® Terms and Conditions

Kimberly Dean is a licensed coach of the the Metabolic Balance® program. There are additional terms and conditions which relate specifically to this service. Participants will be asked to complete an ‘Informed Consent and Disclaimer for Metabolic Balance® Program Participants’ form, a ‘Client Intake Form’ and to disclose pathology blood results. A copy of these forms can be accessed via the coach and the Metabolic Balance® website here. Enrolment in the program can be refused by the coach for any reason. Individuals with specific conditions cannot enrol in the program for the protection of the coach and participant, including:

• by those who are pregnant or breastfeeding

• by those who’s BMI is less than 18

• by those aged less than 18

• by those who eat an exclusively plant based diet. (i.e. individuals who for personal or ethical reasons cannot or will not eat animal based products). In order to achieve the protein intake required for the Metabolic Balance® program to be a success maintaining a vegan-based diet is incompatible.

What to do in an emergency

●      Clients are still responsible for their own welfare when it comes to a health emergency. We actively encourage all clients to seek emergency treatment from an appropriately qualified practitioner. In the event of a medical emergency please contact Australia’s primary emergency services contact number, Triple Zero (000). It is appropriate to seek assistance from emergency services if someone is seriously injured or in need of urgent medical help, a life or property is being threatened or a serious accident of crime has just been witnessed.

●      Clients should call 000 if they need urgent help from police, fire or ambulance services. In the event that a client cannot access a landline, or has difficulty securing mobile service the appropriate contact number is 112 which is designed to connect via satellite.

●     Clients with a disability can also consider calling 106 which can only be used with a teletypewriter (TTY) or a device for the deaf. 106 is a text-based emergency service number for people who are deaf, or who have a hearing or speech impairment

Payment and Cancellation Policy

Clients are asked to declare that:

●      They are financially liable for all treatment rendered.

●      They understand that all consultations must be made online at www.nurturepoint/booknow.

●      A minimum of 48-hours from the start of the scheduled appointment is required to cancel the appointment, except in the case of an emergency.

●      If cancellations are within a 48-hours of the start of the schedule consultation and are not due to an emergency, you will forfeit 50%, and within a 24-hour period of the agreed time your 100% of the consultation fee is forfeit which will be payable prior to scheduling their next appointment.

●      A Metabolic Balance program cannot be refunded once the Personalised Nutrition Plan has been generated unless under the advice of a medical practitioner. The program is designed to be completed over a minimum of a 12 week period, however, any cessation of the program is at the discretion of each participant. For further information about the Metabolic Balance program for Australian and New Zealand participants please follow this link.

Declaration and Consent

Clients are asked to declare:

 ●      That they have read and understand the above stated policies and information.

●      They have received a full and complete explanation of the treatment and services that they may receive at Nurture Point Pty Ltd.

●      They authorise and consent to treatment.

●      They intend the consent form to cover the entire course of treatment they receive at Nurture Point Pty Ltd.

●      They understand they may revoke this authorisation for treatment at any time in writing.

●      A copy of any consent forms will remain on file with Nurture Point Pty Ltd.