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The Online Health & Wellbeing Service - Terms of Use

By using Medibank Private Limited's ("MPL") Online Health & Wellbeing Service ("Online Service"), you agree to be bound by and abide by these Terms. If you do not agree to these Terms, please do not use the Online Service.

In these Terms, “Us”, “We” or “Our” means MPL and “You” or “Your” means the individual using the Online Service.

In Our absolute discretion, we may amend these Terms at any time without notice or explanation. Please check these Terms from time to time to ensure you agree to abide by any changes. Your continued use of the Online Service following any update of these Terms by Us shall mean that you accept those updates.

The Online Service

The Online Service is provided by MPL for use by Eligible employees of Corporates in accordance with their respective agreements with MPL and these Terms.

To the full extent permitted by law We exclude all representations, warranties or other terms (whether express or implied) other than those expressly set out in these Terms, and We do not provide any warranties or guarantees in relation to Your use of the Online Service, or the Online Service's:

  • performance or any interruptions of it;
  • quality;
  • suitability and fitness for purpose;
  • accuracy, or accuracy of information accessible using the Online Service;
  • information, software or other material accessible through the Online Service;
  • integrity and Your protection from viruses, worms, Trojan horses or other harmful components.

Access granted to you

Your access to and use of the Online Service is governed by these Terms of Use, as may be amended by Medibank from time to time. This access may be restricted by MPL in its absolute discretion at any time.

Using the Online Service

You are responsible at Your own expense for suitable computing equipment and associated software and configurations to use the Online Service.

You must not copy, alter, modify, tamper with, decompile, reverse engineer or attempt to reverse engineer, the Online Service, or use the Online Service to develop other software.

Further, You must not use the Online Service to:

  • attempt to access someone else's account;
  • interfere with other network users;
  • for any unlawful purpose;
  • disturb or cause offence to others.

Unauthorised Use

Unauthorised use by You of the Online Service may give rise to a claim for damages and may be a criminal offence. Any illegal use of the Online Service will be reported by Us to the applicable law enforcement agency.

Intellectual Property

The Online Service may contain intellectual property including trademarks and any other material belonging to Us or a third party. Such intellectual property vests in its owner and nothing in the Online Service or these Terms shall be construed as i) a transfer of any intellectual property rights; or ii) MPL granting to You any licence or right of use of any intellectual property, including trademarks or any other material, without the express consent of its owner.

No Liability

You use the Online Service at Your own risk. No liability will be accepted by MPL for any loss, or damage caused by Your use of, or omission to use, the Online Service.

You acknowledge that if any information You provide when using the Online Service is unlawfully observed by a third party while in transit over the internet or while stored on Our systems, We disclaim all liability to you to the greatest extent possible under law should this occur.

Indemnity

At all times you shall indemnify Us and keep Us indemnified and hold Us harmless from and against any loss (including reasonable legal costs and expenses), damage, claims, liabilities, costs and proceedings that we may incur or suffer arising out of or in connection with Your access to or use of the Online Service, or breach of these Terms by You.

Personal Information

Information You provide or which is collected about You is managed in line with the Online Health & Wellbeing Service Privacy Statement. The Online Health & Wellbeing Service Privacy Statement forms part of these Terms.

General

If a provision of these Terms is or becomes invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. In the event that your access to and use of the Online Service is restricted for any reason, these Terms capable of surviving, shall do so.

The Online Service, your use of the Online Service, and these Terms, are governed by the laws of the State of Victoria and you agree to submit to the non-exclusive jurisdiction of the Courts of that State.

The Online Health & Wellbeing Service Disclaimer

Without limiting the provisions contained in the Online Health & Wellbeing Service Terms of Use, the content and the services provided as part of the Online Health & Wellbeing Service (“Online Service”) (which may include text, graphics, images, forms, programs, information obtained from third parties and other material) are intended for informational purposes and are a guide only. Notwithstanding that some Online Service content and services are intended to help manage or prevent a disease, injury or condition, no Online Service content or services are intended to replace or substitute for professional medical advice, diagnosis or treatment. Information contained in the Online Service must be discussed with your treating doctor before making any decisions or taking any action based on the Online Service content and services. Always seek the advice of your treating doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Online Service.

The Online Service’s content and services are provided in good faith. Reliance on and use of any content or services provided on the Online Service, including information provided by Medibank, its Partners, its employees, agents or contractors or by others, is solely at your own risk.

Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), we and all Content Providers accept no responsibility for any medical events, injuries, illness or other outcomes related to or resulting from the provision or use of the Online Service. The content in, and the services offered through, the Online Service are not intended to and should not be used to: definitely treat or determine the definitive manner of treatment of a medical condition; provide or confirm a diagnosis or a treatment plan of a medical condition; or issue or determine the suitability of any medication.

The information exchanged through your use of the Online Service is confidential and intended solely for whom the specific services through the Online Service are provided You must recognise the limitations of consultations without physical examination or investigation. An appointment with your own treating doctor would provide you with the opportunity to ask your doctor questions and for your doctor to conduct a physical examination. You may have an underlying medical problem that requires a physician to detect. If you are taking medications, those medications could influence how you experience various symptoms. Neither we nor any of our agents, contractors, employees or Content Providers assume any legal responsibility for any misleading information contained within the Online Service. The Online Service may contain or direct you to health related material which you might find offensive. If you do not want to view or may be offended by such material, do not use the Online Service.

If you think you are having a medical emergency, call 000 immediately. If you are in doubt about your medical condition, call your doctor or go to the closest emergency department.

 

Online Health & Wellbeing Service Privacy Statement

Who are we?

We are the Online Health & Wellbeing Service, a partnership between Medibank Private Limited ABN 47 080890 259 and its related bodies corporate (Medibank) and our Online Health & Wellbeing Service Partners. Medibank provides Online Health & Wellbeing Service to employers to help improve the health, wellbeing, productivity and engagement of their employees.

Online Health & Wellbeing Service are provided to relevant employees at the request of the employer, irrespective of their status as a Medibank customer.

References to 'us', 'we' or 'our' include Medibank, and our Online Health & Wellbeing Service Partners.

Why we collect your personal information

We collect and use your personal and sensitive information (Information) to enable us to provide you with the Online Health & Wellbeing Service products and services, including:

For you to participate in Online Health & Wellbeing Service delivered online and/or in person; delivering Online Health & Wellbeing Service that are suited to your health status, medical condition and/or health and wellbeing interests; and providing health advice or information tailored to your health status, medical condition and/or health and wellbeing interests.

If we do not collect this Information, we may not be able to provide you with these services.

We may collect your Information from you, from the Online Health & Wellbeing Service Partners who provide services to you or from your employer or from another person or third party authorised to provide us this information on your behalf. Where you give us personal information about others, you must ensure that you let them know what information you are giving us and that you have their consent to do so. You should also let them know about this Statement.

Who does this Statement apply to?

This Statement applies to:

  • All individuals whose Information we collect in relation to the Online Health & Wellbeing Service; and
  • All individuals whose Information is collected by us in the course of our functions and activities related to the management of the Online Health & Wellbeing Service such as service providers and contractors.

Protecting your privacy

We are committed to protecting your Information and complying with our obligations under the Privacy Act 1988 (Cth) and other State and Territory laws governing the use of Information and which regulate how personal information is handled from collection to use and disclosure, storage, access and disposal.

What Information do we collect about you?

In order to provide you with Online Health & Wellbeing Service, we may collect the following types of Information about you, including:

  • personal details including name, location, and employer details;
  • demographic details, including age and sex;
  • contact details, including address(es), email address(es) and phone number(s);
  • the Online Health & Wellbeing Service products and services which you choose to use;
  • health information, including medical history, biometric information and clinical information arising from your use of Online Health & Wellbeing Service;
  • Lifestyle information, including activity levels and health risk factors;
  • payment details including credit card details in order to facilitate payments;
  • Your use of other Medibank products and services, including insurance products offered by Medibank;
  • Your responses to forms, questionnaires and surveys; and
  • other Information you choose to provide us in relation to the Online Health & Wellbeing Service.

How do we use your Information?

We use your information to provide you with Online Health & Wellbeing Service, including:

  • Online health content and health risk assessments
  • Onsite biometric health assessments and Health Checks
  • Executive Health Assessments
  • Telephonic Health Coaching
  • Mental Health programs
  • Ergonomic assessment
  • Skin Checks
  • Influenza vaccinations;
  • Health Seminars and workshops
  • Food and Nutrition programs
  • Fitness and Weight Management programs
  • Smoking Cessation programs
  • Sleep and Fatigue Management programs
  • Workplace Challenges
  • Behavioural Change programs
  • Other Online Health & Wellbeing Service which may be offered from time to time.

In delivering the above services, we also use Information to:

  • Develop, implement and evaluate the effectiveness of the Online Health & Wellbeing Service within the organisation;
  • Develop and provide insights as to the health and wellbeing of employees within the organisation, industry and the general population;
  • help us understand, develop and improve our products and services, including health and wellbeing programs;
  • process and audit transactions;
  • perform other functions and activities relating to the Online Health & Wellbeing Service or to our business; and
  • comply with our legal obligations.

How do we use your Health Information?

In addition to the above, we use your health information to assess the effectiveness of the programs you choose to enrol in on your health status and make recommendations to you in relation other programs that may suit your needs.

You can request for us not to use your health information for the above purpose by contacting us at corporatehealth@medibank.com.au

We use de-identified, aggregated health information from employees in an organisation to provide the organisation with insights about the health status of its employees and the effectiveness of, the Online Health & Wellbeing Service within the organisation.

We also use de-identified, aggregated health information to develop new products and services.

We will never provide your employer with any identifiable health information without your express consent.Who do we disclose your Information to?In order to perform the above, we may disclose your Information to persons or organisations in Australia or overseas including:

  • our Online Health & Wellbeing Partners & related entities;
  • your employer and their authorised representatives;
  • Medibank and its related bodies corporate;
  • our contractors, suppliers, partners, professional advisers and service providers;
  • payment processing providers and financial institutions; and
  • other parties to whom we are authorised or required by law to disclose Information

We take reasonable steps to ensure that third parties to which we disclose your Information will protect your Information in accordance with Australian privacy laws and only use of the Information to the purpose for which it was provided.

Our Online Health & Wellbeing Service Partners may be located (or have related companies and service providers) located overseas. For more information about their locations, please refer to their respective Privacy Policies.

How we communicate with you?

We may communicate with you directly, through your employer, or through other communication channels you have provided to us as part of the Online Health & Wellbeing Service or when using our other products and services.

Where you provide us with an email address, you consent to us sending you communications by email.

From time to time, Medibank may contact you to market products and services and to keep you informed of special offers from Medibank, our Online Health & Wellbeing Service Partners and third parties, including by direct mail, SMS and MMS messages, by phone and email.

You can manage your consents to receiving these marketing communications by contacting us at corporatehealth@medibank.com.au

Need more information?

Medibank’s and our Online Health & Wellbeing Partners’ respective Privacy Policies contains more information about our privacy practices, how you can lodge a privacy complaint and how we manage such complaints.

If you would like to request access to, or correction of, Information Medibank holds about you in relation to the Online Health & Wellbeing Program or if you have a concern about how your Information is being managed, please contact us corporatehealth@medibank.com.au.

You can always obtain the latest version of our respective Privacy Policies by visiting our websites:

This Statement was last updated on 1 September 2015

Online Health & Wellbeing Cookie Policy

When you visit the Online Health & Wellbeing Service sites, our servers collect routine logging information such as the pages visited, the time of your visit, the web browser that you are using, and the IP address associated with your request. This information is used in aggregated form to help us manage our servers and websites, and to improve our understanding of the needs of users. The information may also be used when investigating security incidents.

Our web pages use cookies to enhance site functionality and user experience. You may use your browser preferences to disable cookies, but this will affect your experience of the web site.

The Online Health & Wellbeing Service Security Information

Medibank is committed to ensuring the security of the information you provide us via the Online Health & Wellbeing Service.

Login ID and Password

Access to the Online Health & Wellbeing Service is controlled using your login ID and password. Please make sure that you keep your login ID and password secure, as any action performed on the Online Health & Wellbeing Service using your login ID will be treated as yours. If you think someone else may know your password, you should change your password as soon as possible.

Updating your account details

If you need to update your account information, we request that you do so by logging into your Online Health & Wellbeing Service account or calling us on 132 331.

Medibank will NEVER:

  • call or email you asking you for your the Online Health & Wellbeing Service login ID or password.send you an email asking you to verify your online member details. Any email asking you to verify or confirm your account details or using a similar form of words, is most likely a phishing scam.

We take Online Fraud very seriously. If you think you may have revealed your security details in any way please contact us immediately on 132 331.

What is 'Phishing'?

Phishing is the act of attempting to gain information such as usernames, passwords, and other sensitive information by acting as a trustworthy organisation via electronic communication. Phishing often directs users to enter details on a fake website which look and feel almost identical to the legitimate one. Please do not click on the link.

If you think you may have received a phishing email, please forward the entire email with full header information (some email clients allow this with an option of sending as an attachment) to scamreport@medibank.com.au.

Security tips

You can help make your online experience more secure by following some basic steps:

  • Make sure you are using the most recent version of your web browser with the latest security patches applied.
  • Install all security updates for your operating system supplied by its maker.
  • Ensure that you have up-to-date anti-virus software installed and working on your computer.
  • Make sure that you log out properly and close the browser window when you have finished.
  • For more simple steps to protect your personal details, visit the Australian government website at http://www.staysmartonline.gov.au