Privacy Policy for Independent Healy World Members

This Privacy Policy provides you with information about what personal data is processed by Healy International B.V and Healy World Australia Pty Ltd (ACN:650699362) (“HEALY“, “we“, “us“) in connection with your HEALY membership as an Independent Healy World Member (“Independent Member“, “IHWM”).

We will treat your personal data in accordance with any and all obligations that are binding upon us under the General Data Protection Regulation (“GDPR”), the Privacy Act 1988 (Cth) and any other applicable law relating to personal data.

By using your website, you agree to the collection, use and disclosure of your personal data as set out in this Privacy Policy.

Personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1. Data Controller

The controller of the processing of your personal data is:

Healy International B.V.
Paterswoldseweg 806
9728 Groningen
Netherlands
E-mail: imprint@healyworld.net

The data protection officer of the data controller can be reached at:

Healy World GmbH
Isaac-Fulda-Allee 1
55124 Mainz
Germany

For the assertion of the rights named in this data protection declaration or for questions regarding the processing of your personal data, you can contact the Data Protection Officer at the e-mail: privacy@healy.world

2. Purposes and legal basis of data processing

In the following, we inform you about the details of the processing of personal data in the context of your membership as an Independent Healy World Member. If a contract is concluded between HEALY and you, you will only be required to provide the personal data that is necessary for the commencement and performance of the contract or that we are legally obliged to collect. Without this data, we will usually have to refuse to conclude the contract or execute the order, or we will no longer be able to execute an existing contract and may have to terminate it.

2.1. Collection of personal data for the conclusion of your HEALY membership

In order to conclude a membership as an Independent Healy World Member, we collect the following personal data from you:

– Name
– Gender
– Your address
– Date of birth
– country
– language
– Proof of identity
– Company name
– Company phone number
– E-mail Address
– Certifications
– Bank details

This data collection serves the purpose of establishing, implementing and terminating our business relationship as well as ongoing administration. The legal basis for this data processing is Art. 6 para. 1 lit. b of the GDPR.

Specifically, your personal data will be processed for the following purposes:

– Administration of their HEALY membership;
– Processing of deliveries / orders;
– Sending advertising and information material;
– Conducting trainings, seminars and internal events;
– Issuing certifications;
– Processing payments and remunerations;

The data will be stored until the complete execution of the contract. Insofar as commercial and tax retention periods exist, the duration of storage may be up to 10 years.

2.2. Collection and use of personal data for contact requests

When contacting HEALY by telephone or e-mail, the data provided (your e-mail address, first and last name, if applicable) will be stored by HEALY in order to answer your inquiry. HEALY deletes the data accrued in this context after the storage is no longer necessary, e.g. when your request has been dealt with. Otherwise, processing will be restricted if there are legal obligations to retain data.

This data processing is based on Art. 6 para. 1 lit. f GDPR, our legitimate interest in being able to talk to you about our membership offer or Art. 6 para. 1 lit. b GDPR, if it is a pre-contractual communication.

2.3. Collection of Personal Data when Using the HEALY Website

We offer you the opportunity to log in via our website after concluding a membership as an Independent Member. When using the log-in option, the personal data transmitted as a result will be processed (including your surname and first name, address, telephone number, e-mail address, member name, bank data). Without the processing of this data, the use of the Independent Member Area is not possible.

2.4. Use of data for advertising purposes, newsletter

HEALY WORLD will only process your personal data for the purpose of sending you a newsletter if you have consented to this in advance. The only mandatory information for sending the newsletter is the e-mail address. The provision of further, separately marked data is voluntary and will be used to address you personally. After confirmation, HEALY WORLD stores your e-mail address for the purpose of sending you the newsletter.

This data processing is based on the consent given by you, the legal basis is Art. 6 para. 1 lit. a GDPR. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in each newsletter e-mail or by e-mail to privacy@healy.world

Please note that emails regarding the functionality of the Independent Member area and your membership as an Independent Member do not constitute advertising and are therefore processed for the purpose of the ongoing administration of the business relationship on Art. 6 para. 1 lit. b GDPR.

If we receive unsolicited personal data (such as misdirected mail or receiving more personal information than initially expected), we will determine whether we could have lawfully collected that personal data. If we determine that we could have lawfully collected the personal data, we will hold, use and disclose the personal data in accordance with this Privacy Policy and otherwise in accordance with the law. If we determine that we could not have lawfully collected the personal data, we will destroy, delete, or de-identify the personal data as soon as practicable, provided such approach is legal and reasonable.

3. Recipients of your personal data

HEALY WORLD will only disclose your personal data to the extent necessary to conduct our business relationship or to protect HEALY’s legitimate interests. HEALY uses external service providers, such as hosting providers, payment service providers and shipping service providers for the execution of the contract and the provision of the services. Where such service providers act as processors for HEALY, separate order processing agreements have been concluded to ensure the protection of customers’ personal data. For the operation of the Independent Member Area, we use the service of Jia, Inc, 203 Park Plaza Dr, Suite 250, Vancouver, WA 98684, United States (“Jenkon”), which acts as our processor. Jenkon provides us with the software necessary to operate it.

A transfer of data to third countries (i.e., countries that are neither members of the European Union nor the European Economic Area) may take place to the extent necessary to perform services for you, is required by law, or you have given us your consent. In addition, there is the possibility that we may also transfer your personal data to processors in third countries.

Please note that not all third countries have a level of data protection recognized as adequate by the European Commission. For data transfers to third countries that do not have an adequate level of data protection, we ensure before the transfer that either an adequate level of data protection exists at the recipient (e.g. by agreeing on so-called EU standard contractual clauses of the European Union with the recipient) or that our users have given their express consent.

You can obtain a copy of the specifically applicable or agreed regulations to ensure the appropriate level of data protection from us. Please use the information in section 1 for this purpose.

Please note that we are part of a global group, and from time to time it may be reasonably necessary to share your personal data with our affiliated businesses.

If your information is transferred outside Australia to our affiliated business or service providers, we will take reasonable steps to ensure that your personal data received the same level of protection as if were to remain within Australia

4. Storage period and security

We store your data for as long as specified in the respective processing activities under section 2 and for as long as this is necessary to provide our services to you or we have a legitimate interest in the continued storage.

In addition, we are subject to various storage and documentation obligations, which result, among other things, from the local Commercial Code and Fiscal Code. The retention and documentation periods specified there are up to ten years. Finally, the storage period is also assessed according to the statutory limitation periods, which can be up to thirty years, for example, according local Civil Code, whereby the regular limitation period is three years.

We are committed to maintaining the confidentiality of the personal data that you provide us and we will take all reasonable precautions to protect your personal data from unauthorized use or alteration. Your personal data may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.

5. Third Party Websites

You may click-through to third party websites from this site, in which case we recommend that you refer to the privacy statement of the websites you visit. This Privacy Policy applies to this site only and we assume no responsibility for the content of any third party websites.

6. Rights of the data subjects

Depending on the jurisdiction in which you reside, individuals affected by data processing have the following rights:

Right of access: the right to obtain information about your personal data processed by us and the right to obtain a copy of such data;

Right to rectification: If your personal data is inaccurate or incomplete, you have the right to rectification;

Right to restriction of processing: this right includes the restriction of the use or the manner of use. This right is limited to specific cases and exists in particular when: (a) the data is inaccurate; (b) the processing is unlawful and you object to erasure; (c) we no longer need the data, but you need the data to assert, exercise or defend legal claims.

Right to erasure: You may request the erasure of your personal data, unless there is a retention obligation. The right to erasure is not a right without exception. For example, we have the right to continue to process your personal data if such processing is necessary to comply with our legal obligations or to assert, exercise or defend legal claims;

Right to data portability: this right includes that we transfer your personal data, if technically possible, in a structured, common and machine-readable format for your own purposes;

Right to withdraw your consent: If you have given us your consent to process, you have the right to withdraw your consent at any time. Such a revocation does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Right of complaint: You have the right to file a complaint with the data protection supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement you consider that the processing of personal data relating you infringes the Data Protection Regulation.

Right to object: you have the right to object to the processing of your personal data on grounds relating to your personal situation, provided that the processing is carried out in the public interest or on the basis of a balance of interests, including profiling. In the event of your objection, we will stop processing your personal data unless we can demonstrate compelling grounds that override your interests or the processing of your personal data is necessary for the establishment, exercise or defense of legal claims. Insofar as we process your personal data for direct marketing purposes, you have the right to object to this processing at any time; this also applies to the creation of profiles insofar as it is covered by such direct marketing measures.

We hope that this information has helped you to exercise your rights. If you would like more detailed information on the data protection provisions, please do not hesitate to contact us.

7. Contact us 

For more information about our privacy practices, if you have questions, or if you would like to access and/or correct your personal data or if you would like to make a complaint, please contact our data protection officer using the details specified in section 1.

Please note that we may request proof of identity and verify your identity before responding to any complaint or request for access to your personal data.

In most cases, you may have access to your personal data. We will deal with all requests for access to personal data within a reasonable time. However, requests for large amounts of personal data or personal data that is not currently in use, may require further time before a response can be given. Subject to applicable law, we may charge you a reasonable fee for access if the cost is incurred by us in order to retrieve your personal information or respond to your requests.

In some cases, we may refuse to provide access to your personal data. This may include circumstances where giving you access would:

• • be unlawful (eg, where a record that contains personal data is subject to a claim for legal professional privilege by one of our contractual counterparties);
  • have an unreasonable impact on another person’s privacy; or
  • prejudice an investigation of unlawful activity; or
  • appear to be vexatious or frivolous.

We may also refuse access where the personal data relates to existing or anticipated legal proceedings, and such information would not be accessible by the process of discovery in those proceedings.

If we refuse to give you access, we will provide you with reasons for our refusal.

We will correct any personal data about you that is held by us and that is inaccurate, incomplete or out of date, if you request that we do so. If you disagree with our view about the accuracy or completeness of a record of your personal data that is held us, we will provide you with our reasons.

If you are not satisfied with the outcome of any complaint or our response to your enquiries, you also have the right to lodge a complaint with the Office of the Australian Information Commissioner in Australia, Information Commissioner via www.oaic.gov.au.

8. Changes to this Privacy Policy

From time to time, it may be necessary for us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the applicable law. We may notify you about changes to this Privacy Policy by posting an updated version on this site.

Status of the data protection declaration: 24 January 2022