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HealthNow Legal

Terms Of Use

Introduction

  1. These are the terms and conditions that apply to your access to, and use of the HealthNow payment platform (“Platform”) operated in New Zealand by HealthNow Holdings Limited (company number 8127637 and registered address 170 Wairau Road, Wairau, Auckland 0627, New Zealand) (“HealthNow”, “we”, “us” and “our”) under license from Health Now Limited (HealthNow BNPL Terms).
  2. References to “we”,“us” and “our’ ‘include our officers, employees, contractors, agents, successors and assignees. Accordingly, please read these HealthNow BNPL Terms carefully.
  3. Where we refer to “you” or “your” in these BNPL Terms we mean any individual using the Platform.
  4. We may offer you access to your HealthNow account and the Platform generally by the following access methods:
    1. Using the internet (including through the use of a mobile application), which is subject to these HealthNow BNPL Terms
  5. By accessing and using the Platform, you acknowledge you have read, and agree to comply with, these HealthNow BNPL Terms  If you do not wish to be bound by these HealthNow BNPL Terms, do not download, access or use the Platform
  6. Acting reasonably, we reserve the right to amend these HealthNow BNPL Terms, in whole or in part, for any reason and without your consent including for one or more of the following reasons:
    1. To comply with any change or anticipated change in any relevant law, code of practice, guidance or general banking practice;
    2. To reflect any decision of a court, ombudsman or regulator;
    3. To reflect a change in our systems or procedures, for security reasons;
    4. As a result of changed circumstances (including by adding benefits or new features);
    5. To respond proportionally to changes in the cost of providing the Platform; or
    6. To make them clearer. For any changes that are materially adverse, we will notify You at least 20 days before any changes to these HealthNow BNPL Terms take effect.
  7. Any amendments we make do not change the HealthNow BNPL Terms of a purchase made prior to the change using the Platform and the payment of the Purchase Price that applied at the time of the purchase. The date at the beginning of these HealthNow BNPL Terms will be updated to the date such amendments take effect. You are responsible for checking, and ensuring you are familiar with, the latest HealthNow BNPL Terms applicable at the date of purchase. Your continued use of the Platform after any amendments are made will be confirmation of your acceptance of these HealthNow BNPL Terms as amended.

Purchasing goods and services on your behalf

  1. The Platform permits you to purchase certain goods and services made available by;
    1. Retailers approved by us (“Merchants”) over the internet securely; and/or
    2. Merchants, at an outlet within New Zealand that accept Mastercard contactless cards, by using your HealthNow card.
    3. Some of the goods and/or services a Merchant sells may not be able to be purchased using the Platform. The Merchant will advise you if this is the case.
  2. When using the Platform in a store or online:
    1. You instruct us to purchase a product or service you identify with the Platform (“Product” or “Service”, as the case may be), on your behalf, from a Merchant;
    2. We will pay the full amount of the purchase price for the Product or Service inclusive of GST, delivery costs, booking fees, service charges and other fees the Merchant may impose (“Purchase Price”) to the Merchant;
    3. All transactions on the Platform will be processed in New Zealand dollars and all references to currency in these HealthNow BNPL terms are to New Zealand dollars;
    4. Where applicable, the Merchant will arrange for delivery of the Product or Service to you (with delivery times dependent on the Merchant and that Merchant’s delivery terms and conditions), and in the case of the Product it will become your exclusive property on delivery;
    5. The Merchant will pay us, or we will deduct, a commission fee for assisting to procure the sale of the Product or Service to you; and
    6. You unconditionally, and irrevocably, agree to pay to us the Purchase Price on the terms set out in these HealthNow BNPL Terms.

Fees and Payment

  1. Subject to clause 3.2, you must pay us the Purchase Price for each Product or Service you purchase using the Platform in six equal weekly instalments. The first instalment will be due and payable at the time you purchase the Product or Service. The second instalment will be due and payable on the date that is one week after the date of purchase (at the latest, although you may choose a sooner date if we make this option available to you). Each of the four subsequent instalments will be due and payable on the same day of week as the second instalment in the weeks following. For example, if you purchase a Product or Service on a Friday, and the Purchase Price is $120.00, on the date of purchase you will pay $20.00 and on each Friday in the following five weeks you will be required to pay us an instalment amount of $20.00.
  2. Each purchase of Products or Services through our Platform is subject to our approval in addition to any transaction limit (“Your Limit”) assigned to you from time to time. If:
    1. The Purchase Price for the Product or Service; or
    2. The Purchase Price and the aggregate of all other amounts you owe us in respect of the Products and Services, is in excess of Your Limit, the first instalment of the Purchase Price that is due and payable in accordance with clause 3.1 will be for the amount by which the Purchase Price exceeds Your Limit and the remainder of the Purchase Price owed will be divided and paid over the remaining five instalment payments. For example, if Your Limit is $120.00 and the Purchase Price is $200.00, on the date of purchase you will pay $80.00 (being the excess above Your Limit) and on each of the five remaining instalment dates you will pay $24.00.
  3. You will not be charged any interest on the amounts you are required to pay to us.
  4. By using the Platform, you grant us authority to charge all amounts owed by you to us in connection with any Product or Service you purchase, or otherwise under these HealthNow BNPL Terms (including default fees), to your nominated debit card or credit card. Your payment method will need to be approved by us before you will be able to purchase any Products or Services using the Platform.
  5. You will be responsible for ensuring you have sufficient available funds on your nominated debit card or sufficient available credit on your credit card, depending on the payment method we register on your account, to enable us to collect all amounts owed by you to us in connection with any Product or Service you purchase, or otherwise, under these HealthNow BNPL Terms. You will have sole responsibility for paying all bank and/or card charges associated with any payment method we approve for you.
  6. At any time, you can pay some, or all, of the Purchase Price to us in advance of the due date of the instalment payments referred to in clause 3.1, without penalty. If you make any such early payment, all subsequent instalment payments will be adjusted accordingly so the same amount is due for payment on each subsequent instalment date (unless you prepay the full amount of the Purchase Price in which case there will be no more instalments).
  7. The Purchase Price will include goods and services tax (GST) chargeable under the Goods and Services Tax Act 1985 (as may be amended, consolidated, re-enacted or replaced at any time).
  8. If for any reason whatsoever you fail to, or are unable to, make an instalment payment on its due date, you will have a further 24 hours to pay. If you fail pay within 24 hours of the due date, we will charge you a default fee of $10.00. If you do not rectify your default by making the missed instalment payment within the next seven days, we will charge you a further default fee of $10. As a result, you could be charged, in aggregate, $20 for each instalment payment you miss or which is paid late up to a maximum charge of $40 for each purchase you make (and by using the Platform, you agree these default fees are fair and reasonable given the time and cost we will incur in dealing with your default). We may also arrange for a debt collection agency to collect the amount you owe us from you.
  9. You may download the Platform for free (although you will need an internet connection to download, access and use the Platform and you may incur charges or fees from your mobile network provider associated with the same).
  10. You will not, for any reason, set off, deduct or withhold any amount in respect of payments due to us under these HealthNow BNPL Terms except to the extent any law requires that you have such a right.

Your account, log in and security

  1. When you first use the Platform, you will be required to provide certain login information (including a username and password and, if you use a HealthNow card, a PIN) that will enable you to access the Platform each time you wish to use the Platform to purchase products or services. You must keep your login information secure to avoid use of the Platform using your login details by other persons.
  2. You must not permit use of the Platform using your login details by any other person. If the Platform is or was used by any other person with your login details, or if you know or suspect any other person has obtained your login details, you must immediately notify us at [email protected].
  3. You must exercise every possible care to ensure the safety of your computer or mobile device by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use.
  4. If the Platform is used by another person to purchase a Product or Service via the Platform, you will be personally liable to pay the Purchase Price of that Product or Service to us in accordance with these HealthNow BNPL Terms.
  5. When making transactions with HealthNow, card details are transmitted through a secure server using Stripe or Windcave. Card data is not processed or hosted by HealthNow after processing.

Dealings with Merchants

  1. As a consumer, under law you have certain rights and protections in respect of goods or services you purchase using the Platform, including under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. We are ‘in trade’ for the purposes of the Fair Trading Act 1986.
  2. If you have any complaint, concern or other issue with a Product or Service, you must address these directly with the Merchant (in accordance with the Merchant’s policy for the same). The Merchant may have a returns policy on its website.
  3. If, in accordance with the Merchant’s consent and/or instructions, you return the Product to the Merchant or the Service is to be delivered to you again, any arrangements for the supply of a replacement good or service should be made with the Merchant. In such circumstances, your obligation to pay the Purchase Price to us continues unaffected.
  4. If: (a)  the Product is returned to the Merchant and not replaced; or (b)  the Service is not provided or not provided to your reasonable satisfaction; and (c)  the Merchant agrees you should receive some or all your money back, your obligation to make the instalment payments referred to in clause 3.1 or clause 3.2 (as applicable) will continue unaffected until the Merchant advises us: i.  the Product has been returned and not replaced; or ii.  the Service has not been provided or not provided to your reasonable satisfaction, iii.  the Merchant has refunded the Purchase Price into our bank account in cleared and immediately available funds, then we will stop charging instalment payments to your debit or credit card (as the case may be) for the relevant Product or Service and arrange to refund all amounts (if any) you have paid to us in respect of the Purchase Price for the relevant Product or Service (other than default fees).
  5. If circumstances arise under New Zealand consumer law where you obtain a refund of all or part of the Purchase Price directly from the Merchant, then your obligation to pay the Purchase Price to us continues unaffected until we have received the full value of Purchase price.
  6. If you are not satisfied with the way in which the Merchant deals with your concern or issue, or your concern or issue is not resolved or otherwise addressed by the Merchant to your satisfaction, you should notify us in writing at [email protected] including details of your complaint. While we will use reasonable endeavours to assist you with your subsequent dealings with the Merchant, until the concern or issue is resolved your obligation to make the instalment payments for the Purchase Price referred to in clause 3.1 will continue unchanged.
  7. We provide no guarantee or other assurances in respect of the timing of any refunds as timing will be influenced by the actions of the relevant Merchant and the bank being used.

Your Covenants and Representations

  1. You agree not to use the Platform:
    1. To purchase any Product or Service where payment of the Purchase Price to us in accordance with these HealthNow BNPL Terms will, or is likely to, cause you any financial hardship;
    2. For any unlawful, fraudulent or improper purpose;
    3. In any manner which does, or may, damage, disable, overburden or otherwise impair the Platform or interfere with any other person’s use and enjoyment of the Platform;
    4. To introduce any harmful information or materials (which includes any spyware, viruses, worms, trojan horses, harmful scripts or codes or any other damaging items which could interfere with the Platform, our software, hardware, network or computer system); and/or
    5. If you are aware your computer or mobile device has such harmful information or materials installed on it.
  2. You will not remove any restrictions imposed by us, the software or the operating system, that delivers the Platform.
  3. You represent and warrant that:
    1. You are 18 years of age or older;
    2. The information you provide to us when you access the Platform for the first time, and any subsequent information you provide to us, will be true, complete and accurate in all respects; and
    3. If any of your circumstances change resulting in any information you have previously provided to us no longer being true, complete and accurate in all respects you will immediately notify us by email at [email protected].

Intellectual Property

  1. For the purposes of these HealthNow BNPL Terms, “Intellectual Property” means all rights to, and interests in, any copyright, trade mark, patent, design, know-how, trade secret, domain name, rights in software, rights in inventions, and any other proprietary right or form of intellectual property (whether protectable by registration or not).
  2. All Intellectual Property in the Platform is owned by us or our licensors (as applicable) and none of the contents of the Platform may be used, reproduced, copied or distributed, in any way whatsoever, other than for the purpose of using the Platform for your own personal use.
  3. You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other applications or websites, change, or otherwise distribute, license, sub-licence or transfer in any form any aspect of the Platform.
  4. If any person claims your use of the Platform infringes a person’s Intellectual Property, you must notify us and allow us to deal with that claim which may, at our absolute discretion, include us, amongst other things, settling or modifying the Platform to the extent necessary to avoid or minimise the claim.

Upgrades and Maintenance

  1. We may, from time to time, issue upgraded versions of the Platform, and/or may automatically upgrade the version of the Platform you are using, without notice to you. If you use the Platform, you will be deemed to have consented to any such upgrades.
  2. You acknowledge the Platform may be unavailable from time to time due to errors, defects, maintenance or events that may be outside of our control.

Termination

  1. You may stop using the Platform at any time. If you also wish to terminate or close your account with us, you will need to email this request to us at [email protected]. If you have made purchases of Products or Services via the Platform for which you have outstanding payments due to us, you remain liable to pay us any remaining amounts up to the full value of the Purchase Price for each such Product or Service until all payments have been made.
  2. We may block, suspend, restrict or otherwise terminate your access to, or use of, the Platform, at any time, without notice or liability to you.
  3. If your access to, or use of, the Platform is blocked, suspended, restricted or terminated, for any reason, this will be without prejudice to our rights and remedies to recover any amounts due and owing by you.
  4. We reserve the right to alter, suspend or terminate access to or use of the Platform, or any particular functionality of the Platform, either temporarily or permanently at any time for any reason, and at our sole discretion, without notice or liability to you.

Limitation of Liability and Indemnity

  1. You have statutory protections under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (including statutory guarantees relating to title, delivery, quality and fitness for particular purpose of products, and that services will be provided with reasonable skill and care and be reasonably fit for a particular purpose) and these rights cannot be excluded or limited by these HealthNow BNPL Terms.
  2. Subject to clause 10.1, to the maximum extent permitted by law and subject to your rights and our obligations under New Zealand consumer law:
    1. Any and all liability and responsibility we may have to you, or any other person, under or connection with your access to, or use of, the Platform, these HealthNow BNPL Terms and/or your inability to use the Platform, regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise, is limited to a maximum amount of the Purchase Price of the Product or Service; and
    2. Our liability and responsibility is excluded for any indirect or consequential loss or damage of any kind (including, but not limited to, any loss of opportunity, anticipated savings or unauthorised use).
  3. Subject to clause 10.1, but without limiting our rights and remedies, you agree to indemnify us, as a continuing indemnity, against all costs, losses, liabilities (including legal and other professional expenses on a full indemnity basis), claims, demands, damages, fines and penalties (including any consequential or indirect losses) we may incur or otherwise suffer arising directly or indirectly out of, or in connection with, your access to, or use of, the Platform, except where such loss arises from the mistake, fraud, negligence or wilful misconduct of us, our employees or our agents.

Disclaimers

  1. The Platform is provided on an “as is” and on an “as available” basis.
  2. We are not responsible for any;
    1. Corruption or loss of data or other content which you or any other person may experience; or
    2. Software, network, computer system, hardware, devices or other equipment that may be harmed, as a result of, or otherwise in connection with, your use of the Platform.
  3. We do not represent or warrant that:
    1. The Platform will function uninterrupted, that it will be error-free, that defects will be corrected or that the Platform, or the server that makes it available, will be free of any virus or other harmful elements; or
    2. The Platform will be compatible with any particular computer or mobile device.

Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and privacy

  1. We are a “reporting entity” for the purposes of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“AML/CFT Act”). Accordingly, we are required by the AML/CFT Act to collect certain personal information from and about you (including, but not limited to, satisfactory evidence to enable us to verify your identity). If we require information to satisfy our legal obligations, you must provide the information we request.
  2. We also collect your personal information from you, to provide you with the products or services you have applied for. We may also collect personal information about your computer, mobile device, systems and application software to facilitate the provision of upgrades, product support and other services related to the Platform, including any of its features or tools. This may include, without limitation, collecting location information concerning you if your mobile device has a global positioning system and the device is set to allow your location to be ascertained.
  3. If we do not collect this information or your identification information required to comply with the AML/CFT Act, we will be unable to provide you with our products or services.
  4. By using the Platform you consent to us collecting your personal information and using it for any purpose associated with your use of the Platform and/or our delivery of the Platform to you including (but not limited to):
    1. Ensuring we comply with our obligations under the AML/CFT Act and other laws;
    2. For administrative and credit assessment purposes;
    3. Aggregating your information with the information of others for the purposes of assessing the types of persons using the Platform and determining Platform usage trends;
    4. Telling you about products and services offered by us or our affiliate companies (unless you tell us not to); and
    5. Sending you push notifications, text messages and/or emails about upgrades, maintenance, features, services or other information relating to your access to, or use of, the Platform (including promotional and marketing information concerning the Platform and/or the products and services of the Merchants).
  5. If you have provided your personal information to us or any of our related companies in connection with the operation of the Platform, you consent to us using that information to comply with our obligations under the AML/CFT Act.
  6. You authorise us (or any agents or contractors providing services on our behalf) to disclose your personal information to other persons to the extent required by law, which may include us reporting any credit account information and default by you, these HealthNow BNPL Terms and/or for credit assessment purposes (which may include us reporting any default by you in paying amounts due to us to credit assessment agencies).
  7. Subject to clause 10.1, while we will employ technical security measures to protect your personal information, no transmission over the internet can be guaranteed to be completely secure.
  8. We may collect and use information about you (i.e. your computer, mobile device, systems and application software to facilitate the provision of upgrades, product support and other services related to credit information) to debt collection agencies, merchants, mailing houses and financial institutions as necessary to manage activity on your account and to operate the Platform, including any of its features or tools. This may include, without limitation, collecting location information concerning you if your mobile device has a global positioning system and the device is set to allow your location to be ascertained.
  9. You have a right to access the personal information we hold about you by contacting us on [email protected]. You may request that your Personal Information be corrected. Please refer to our Privacy Policy for further details regarding our collection, use and disclosure of your personal information.

General

  1. We will communicate with you through text messages or by email to your email address and you consent to us communicating using the contact details you provide to us.
  2. The provisions of clauses 6, 7, 9, 10, 11 12, 13.2, 13.4, 13.5, 13.6 and 13.7, and any other clauses that are, by their nature, intended to survive termination, will survive the termination of your access to, or use of, the Platform.
  3. You may not, directly or indirectly, assign, transfer or otherwise dispose of any of your rights or interests in, or obligations or liabilities under, these HealthNow BNPL Terms. We may assign our rights and interests, or novate our agreement with you, at any time without your consent or notice to you (Transfer), provided a Transfer does not materially detrimentally affect your rights under these HealthNow BNPL Terms.
  4. No waiver of any breach, or failure to enforce any provision, of these HealthNow BNPL Terms at any time by us will in any way affect, limit or waive our right to enforce and compel strict compliance with the provisions of these HealthNow BNPL Terms.
  5. If any part of these HealthNow BNPL Terms is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of these HealthNow BNPL Terms, which will remain in full force and effect.
  6. These HealthNow BNPL Terms, and any amendments made by us, constitute the entire agreement and understanding (express and implied) between you and us in connection with your access to, and use of, the Platform.
  7. The use of the Platform in New Zealand is governed by, and will be construed in accordance with, the laws of New Zealand and the courts of New Zealand will have exclusive jurisdiction.

Privacy Policy - New Zealand

Last Updated: 2 August 2021

This privacy policy (‘the Privacy Policy’) applies to Health Now Limited NZN 9429048665674 and their affiliates and related companies, (together, ‘HealthNow’, ‘we’, ‘us’ or ‘our’), and details how we collect, manage and use Personal Information, including but not limited to Personal Information collected on our websites, mobile applications, via email, cloud-based services, or controlled widgets embedded in communication platforms with a link to this Privacy Policy (“Websites”). By “Personal Information” we mean information that is associated with a specific person and can be used to reasonably identify that person. Personal information does not include information that has been made anonymous, and cannot reasonably identify a specific person. It covers how we collect, use, and share that Personal Information as of the date that this Privacy Policy is posted.

If we have collected personal data from you as a beneficial owner, director, other employee or trustee of a Merchant, please refer to our Merchant Privacy Policy.

HealthNow is committed to respecting the privacy of your Personal Information. We appreciate that individuals are concerned about the security of their Personal Information and we are committed to protecting any Personal Information in our custody or control.

HealthNow’s retailers (which may include online marketplaces) and commercial partners (together, ‘our Partners’) are independent of HealthNow and may have privacy policies that differ from ours. Our Partners are responsible for their own privacy policies and privacy practices. Please contact our Partners directly for further information on their privacy policies.

The Websites may also contain links to third party websites. These linked sites are not under our control and we are not responsible for content on these sites, nor are these sites subject to this Privacy Policy. Before disclosing your personal information on any third party website we recommend that you examine the terms and conditions and privacy policy of that site.

This Privacy Policy applies when you sign up for, access, or use our services, features, technologies or functions offered on our Websites (collectively ‘HealthNow Services’) and in relation to Personal Information we may otherwise collect during the course of our business as set out in this Privacy Policy.

HealthNow may amend the Privacy Policy at any time. The updated version will be available by following the ‘Privacy’ link on the Websites. The revised version will be effective from the time we post it on the Websites. HealthNow may highlight any material changes to the Privacy Policy that may impact you by notifying you by email or otherwise.

Collecting Personal Information

HealthNow strives to be fair and open about the way we collect information about you and what we intend to do with the information.

We receive and store certain types of information from you when you interact with our Websites to deliver the products you request from us, and help improve your overall online experience. For example, like many other websites, we store “cookies” and other web-based files on user devices to get certain types of information when your web browser, mobile phone, or other device accesses our Website. The information sent to us may include data on the pages you access, your computer IP address, device identifiers, the type of operating system you are using, your location, mobile network information, standard web log data and other information. Web log data includes the browser type you are using and traffic to and from our site. When you visit our Websites or use HealthNow Services, we may also collect information about your transactions and your activities. Details on our collection of Personal Information through the use of cookies and analytical services is set out below.

In addition, if you open an HealthNow account with us or use HealthNow Services, we may collect the following types of information:

  • Contact information, such as your name, address, phone number, email and other similar information.
  • Financial information, such as the full bank account numbers and/or credit or debit card numbers that you link to your HealthNow account or give us when you use HealthNow Services.
  • Detailed Personal Information such as your date of birth, driver licence number and/or passport number or other identification information or documents.

We may also obtain information about you from third parties including our Partners and related companies, as well as credit reporting bodies, identity verification services and other external agencies, and publicly or commercially available sources for the purposes of complying with relevant legislation (e.g. anti-money laundering laws).

You may choose to provide us with access to certain Personal Information stored by third parties such as social media sites (e.g., Facebook and Twitter). The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with your HealthNow account and authorising HealthNow to have access to this information, you agree that HealthNow may collect, store and use this information in accordance with this Privacy Policy.

We may also collect your Personal Information if you enter a competition or promotion we run (either directly or through our marketing agents or our Partners), or if you apply for employment with us either directly or through a recruitment or employment agency.

We may collect Personal Information about our Partners’ staff directly from those staff or from our Partners. The information we collect about our Partners’ staff may include your name, position, contact details and training records.

We may also collect the Personal Information of our suppliers and service providers’ staff during the course of our business activities. This information may include your name, contact details and position. We will collect this information directly from you, or from the applicable supplier or service provider.

In order to help protect you from fraud and misuse of your Personal Information, we may collect information about your use and interaction with our Websites or HealthNow Services. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity.

We may also collect additional information from or about you in other ways, such as through contact with our customer support team, suppliers or service providers (whether via mail, email or through telephone enquiries), your responses to a market survey, and from interactions with HealthNow’s Partners or as otherwise notified to you at the time.

In New Zealand, HealthNow NZ Limited is the agency collecting Personal Information and that will hold the information, but may share the information collected with other parties as set out in this Privacy Policy. HealthNow NZ Limited’s address is Level 6, 48 Emily Place, Auckland 1010, New Zealand.

Payments

Payments are processed through the secure Windcave Payment Express system. Any credit card details stored for payments are done so on the Windcave system. No credit card information is stored by us and Payment Express protects personal information – at a minimum – to the Payment Card Industry Data Security Standards (“PCI-DSS”).

Using Personal Information

HealthNow only collects, holds and handles information about you that is necessary for us to perform the services you request from us, that is otherwise reasonably necessary for our business activities or if required by law, court, or tribunal order.

We may use Personal Information we collect about you for a number of purposes including:

  • to provide (or assess whether to provide) HealthNow Services;
  • customer support;
  • process transactions and send notices about your transactions;
  • resolve disputes, collect fees, and troubleshoot problems;
  • investigate and prevent potentially prohibited or illegal activities;
  • enforce our User Agreement with you;
  • learn more about your level of satisfaction, your expectations of us and our Partners, and how we can meet them (for example, in relation to HealthNow Services, and the goods offered by HealthNow’s retailers);
  • customise, measure, and improve HealthNow Services and the content, layout, and operation of our Websites;
  • deliver targeted marketing, service update notices, and promotional offers based on your communication preferences;
  • contact you via telephone, text (SMS) or email messaging, including as authorised by our User Agreement;
  • compare information for accuracy and verify it with third parties;
  • confirm or verify your identity for the purposes of anti-money laundering and counter-terrorism laws and assess applications and your suitability for HealthNow Services;
  • to consider you for a position at HealthNow for which you have applied;
  • to acquire goods or services from you or from your employer;
  • for the purpose of performing data analytics including to improve our and our Partners’ services;
  • for other purposes to which you have consented; and
  • as required or permitted by relevant laws and regulations.

You agree that we may use your Personal Information for the purposes for which we collect it and for related purposes which would be reasonably expected by you.

If all or some of your Personal Information is not collected or cannot be verified, we may be unable to open an account for you, provide you with HealthNow Services or a customised experience, engage with you, or do business with you.

How we share Personal Information with other parties

We may share your Personal Information with:

Our affiliates and related companies;

  • Our Partners and the suppliers and service providers who help with our business operations including in relation to fraud prevention, identity verification, payment collection, marketing, customer service, and technology services;
  • Our retailers, so that they can provide goods or services to you or respond to a complaint by you, or to help them improve the quality and standard of service they provide to you. If you transact with a retailer in another country (including the United Kingdom, Canada, the USA and Australia), we will disclose personal information to such locations.
  • Financial institutions that we may partner with to jointly create and offer a product;
  • Any assignee of our rights in respect of our products (including, without limitation, our rights under the Terms of Service which relate to the use of, and access to, our products);
  • Credit reporting bodies, collection agencies and other external agencies, including to report account information, as permitted by law, and to verify your identity in accordance with the requirements of anti-money laundering laws. When we share your Personal Information with credit reporting bodies we authorise them to use that information for the purposes of providing their credit reporting services and/or identity verification services. To request a credit report or identity verification, we will provide information to the credit reporting body that identifies you;
  • Banking partners as may be required by credit card association rules for inclusion on their list of terminated merchants;
  • Companies that we plan to merge with or be acquired by or who may invest in us;
  • Law enforcement, government agencies or officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to HealthNow; when we need to do so to comply with law or credit card rules; or when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate suspected violations of our User Agreement;
  • Your nominated referees so that we may check your references if you are applying for a position with HealthNow; and
  • Other third parties with your consent or direction to do so.

Please note that these third parties may be in other countries. When we disclose your Personal Information overseas, we will take all reasonable measures to ensure that your information is held, managed and accessed in accordance with appropriate standards for the handling of Personal Information.

In addition, you should note that retailers you buy goods or services from or contract with (even if such goods or services are purchased using HealthNow Services) have their own privacy policies, and HealthNow is not responsible for their actions, including their information protection practices.

We will only share your Personal Information with third parties as described in this Privacy Policy or as otherwise notified to you at the time of collection or with your consent.

If you open an HealthNow account directly on a third party website or via a third party application, any information that you enter on that website or application (and not directly on HealthNow’s Websites) will be shared with the owner of the third party website or application. These sites are governed by their own privacy policies and you are encouraged to review their privacy policies before providing them with Personal Information. HealthNow is not responsible for the content or information practices of such third parties.

We may require your consent to use and/or disclose your Personal Information if we need to use your information for a purpose that is not related to the purpose for which it was collected.

If you do not consent to HealthNow collecting, using and/or disclosing your Personal Information for such other purposes, this may affect HealthNow’s ability to deliver and improve our products and services, or to engage or do business with you.

When you provide us with your name, date of birth, residential address driver licence number and/or passport number or other identification information or documents in establishing your profile with us, you consent to us disclosing that information to credit reporting bodies or other external agencies and requesting an assessment of whether it matches personal information held by the body/agency to assist in verifying your identity in accordance with the requirements of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. The body/agency may provide us with that assessment and use your personal information, and the names, residential addresses and dates of birth of other individuals, to prepare that assessment.

If there is a failure to verify your identity in the way described above, we will notify you within the secure HealthNow service or otherwise.

The provision of your driver licence number is voluntary, but if you do not provide your driver licence number to HealthNow when reasonably requested, we may not be able to verify your identity, and you may not be able to use HealthNow Services.

If you do not want to proceed in this way to verify your identity, you should contact us, as provided below.

Marketing & Privacy

HealthNow may send marketing materials from time to time to those who have provided HealthNow with Personal Information about products and services offered by HealthNow and our Partners. We may use your Personal Information to make inferences and present more relevant content, such as your preferred retailers, purchase and spending habits.

If you signed up to receive newsletters or other marketing communications from us, you can opt-out any time by clicking the unsubscribe link at the bottom of the message. You can also log-in to your account to opt-out and update your marketing preferences at any time. Even after you opt-out or update your marketing preferences, please allow us sufficient time to process your marketing preferences. Unless otherwise required to process your requests earlier by law, it may take up to 5 days to process your opt out requests in relation to receipt of electronic marketing materials such as emails and SMS, and up to 30 days for all other marketing-related requests. Even after you’ve opt-out of receiving marketing communications from us, we may still contact you for transactional or informational purposes. These include, for example, customer service issues, returns or product-related inquiries, outstanding payment inquiries, surveys or recalls, or any questions regarding a specific order. You may also contact us on:

Email: [email protected]

Phone (New Zealand): 0800

Mail: Level 6, 48 emily place, Auckland, 1010, New Zealand

Controlling Our Tracking Tools

Your browser may give you the ability to control cookies. How you do so, however, depends on your browser and the type of cookie. Certain browsers can be set to reject all browser cookies. If you configure your computer to block all cookies, you may disrupt certain web page features, and limit the functionality we can provide when you visit or use our Websites. If you block or delete cookies, not all of the tracking that we have described in this policy will stop. If you continue without changing your settings, we will assume that you are happy to receive all cookies on this Site. You can change your cookie settings at any time. Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These browser features are still not uniform, so we are not currently set up to respond to those signals.

Cookies and third-party analytical services

We use cookies and track IP addresses via our Websites so we can improve our services provided by our Websites and enhance your user experience.

When you access our Websites or use HealthNow Services, we (including our Partners and companies we work with) may place small data files on your computer or other devices. These data files may be cookies, pixel tags, “Flash cookies,” or other local storage provided by your browser or associated applications (collectively ‘Cookies’). We use Cookies to ascertain which web pages are visited and how often, to make our Websites more user friendly, to give you a better experience when you return to a website and to target advertising to you that we think you may be interested in.

For example, Cookies allow us to save your password so you do not have to re-enter it every time you visit our site.

Most web browsers automatically accept Cookies. You can find information specific to your browser under the “help” menu. You are free to decline our Cookies if your browser or browser add-on permits, unless our Cookies are required to prevent fraud or ensure the security of websites we control. However, declining our Cookies may interfere with your use of our Websites and HealthNow Services.

Controlling Online Interest-Based Ads

We sometimes work with online advertising vendors to provide you with relevant and useful ads. This may include ads served on or through our Websites. This may also include ads served on other companies websites. These ads may be based on information collected by us or third parties. For example, your postal code may be used to target an ad for people in your area. These ads may also be based on your activities on our Websites or on third party websites.

Our Websites also use Google Analytics, a web analysis service of Google Inc. (‘Google’). Google Analytics uses Cookies to monitor traffic to, and use of, the Websites. Information about the use of the Websites generated by these Cookies is generally transferred to a Google server in the USA and stored there. Google uses this information on our behalf to evaluate your Website usage, to compile reports on the Websites activities, and to provide additional services connected with the Websites. We will not identify you to Google, and will not merge personal and non-personal information collected through this service. You can prevent the use of Google Analytics Cookies by adjusting the settings on your browser software, however, you may not be able to fully use all of the functions of the Websites if you do so.

In addition to Google Analytics, we may also use other third-party analytics tools including but not limited to Amplitude (an analytics service provided by Amplitude Inc.) to monitor, analyse and collect information about your use of the Websites.

For more information about our ad service provider and its cookies, including information about how to opt out of these technologies, you may visit http://optout.aboutads.info In addition, users may prevent Google’s collection of data generated by your use of the Websites (including your IP address) by downloading and installing a Browser Plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.

Protecting Personal Information

HealthNow will keep your Personal Information secure by taking reasonable steps to protect it from misuse, loss, and unauthorised access, use, modification, and disclosure.

We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration.

We also review our security procedures periodically to consider appropriate new technology and updated methods. Only properly authorised people who have a need to access Personal Information to perform their job will be able to see or use that information. Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable.

Accessing and requesting correction of Personal Information

We will strive to ensure that information about you is accurate when we collect or use it. Subject to some exceptions under privacy law, we will let you see the information we hold about you and correct it if it is inaccurate, incomplete or out-of-date. If we do not grant you access to your Personal Information or do not agree to correct your Personal Information we will tell you why.

If you wish to obtain access to and/or correct your Personal Information held by HealthNow, please contact HealthNow on:

Email: [email protected]

Phone (New Zealand): 0800

Mail: level 6, 48 Emily place, Auckland, 1010, New Zealand

For California Residents. California Civil Code (section 1798.83) gives HealthNow customers who are California residents the right to request certain information about our disclosure of Personal Information to third parties for their own direct marketing purposes. If you wish to make this request, please e-mail, call, or write to us at the address provided above.

Unless we do not agree to your request for access to Personal Information, in most cases HealthNow will provide you with access as soon as reasonably possible following receipt of your request. If you request corrections to your Personal Information and HealthNow agrees with your request, these changes will be made as soon as practicable. If HealthNow does not agree to your request for correction, it will notify you of the reasons it does not agree and will note your request on the records it holds about you. If you are dissatisfied with our refusal to provide you with access to, or correct, your Personal Information you may also complain to the applicable regulator in your jurisdiction.

Subject to the terms set out in the HealthNow User Agreement, you can also close your HealthNow account through our Websites. If you close your HealthNow account, we may retain information from your account for a period of time to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud or risk, enforce our User Agreement, or take other actions as required or permitted by law.

Resolving your concerns

If you have a complaint regarding HealthNow’s management of your Personal Information, please prepare your complaint in writing and email it to us at [email protected]

HealthNow will provide written acknowledgement of your complaint within 7 days of receipt. We will investigate and advise you of the steps we have taken to resolve your complaint within 30 days of receipt of your complaint.

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