Privacy policy

VBreathe Pty Ltd ACN 614 372 628 (“VBreathe”) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) (the “Privacy Act”). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of the Office of the Australian Information Commissioner at www.oaic.gov.au/privacy/australian-privacy-principles/read-the-australian-privacy-principles

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.

This Personal Information is obtained in many ways such as correspondence, telephone, email or our website www.vbreathe.com(“VBreathe Website”) or via our smartphone app (“VBreathe App”).

We collect your Personal Information for the primary purpose of providing our services to you. For example:

When you contact us or make an enquiry, we may collect your name and contact details so that we can respond to you;
When you place an order with us, we collect your name, contact and payment details so that we can process your order, deliver the products, send you updates on the progress of your order and contact you if there are any issues;
When you create a My VBreathe account (“Account”) or register a VBreathe air purifier (“Registered Product”) on your Account, we collect the information you provide so that we can personalise your experience and protect your Account. You can then use the VBreathe Website or VBreathe App to control your Registered Product remotely and view information about its use and environment. We may ask for your geographic location, either by allowing the VBreathe Website or VBreathe App to access the location of your device or by you entering your location manually, which enables us to provide you with information about air quality relevant to where your Registered Product is used.
We collect information about usage of Registered Products to better understand how they are used. If you select an option in your Account to automatically order supplies (such as HEPA filters and VActive Gel cartridges), we will use this information to place orders on your behalf when the smart sensors in your Registered Product indicate they need to be replaced.

We may also use your Personal Information:

For secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use;
For marketing purposes (you may unsubscribe from our mailing/marketing lists at any time by contacting us in writing);
To address any issues or complaints regarding our relationship;
To comply with our legal and regulatory obligations; and
To contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

If you do not provide use with the Personal Information we request, we may not be able to provide our services, fulfil your orders and provide the full functionality of our VBreathe Website or VBreathe App.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

We only collect sensitive information about you with your consent, or otherwise in accordance with the Privacy Act. For example, you may provide us with information about your health or medical conditions when making enquiries about our products.

Sensitive information will be used by us only:

For the primary purpose for which it was obtained;
For a secondary purpose that is directly related to the primary purpose;
With your consent; or
Where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party and about your rights under this Privacy Policy.

Our website and app may contain links to other websites operated by third parties for your convenience. We cannot provide any guarantees regarding third-parties’ information handling policies or the content of third-party websites you may visit.

Disclosure of Personal Information

We do not ordinarily disclose Personal Information to third parties. However, your Personal Information may be disclosed in a number of circumstances including the following:

Third parties where you consent to the use or disclosure; and
Where required or authorised by law.

If we disclose information to a third party, we generally expect the third party to protect your Personal Information in accordance with this Privacy Policy.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure. We use a range of security measures, including by encrypting data stored on remote (cloud-based) servers.

We securely store and process Personal Information in Australia. Although we may utilise remote (cloud-based) servers located overseas, such data will be encrypted to prevent access by third parties.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored for a minimum of 5 years so that:

You can recover access to your Account even if you haven’t used it for a while;
We can respond to queries or concerns you may have about your past interactions with us, including any products you have purchased from us.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

VBreathe will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons.

Maintaining the Quality of your Personal Information

It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you. If you register an Account, you will be able to update the Personal Information stored in your Account via the VBreathe Website or VBreathe App.

We are not obliged to correct any Personal Information if we do not agree that it requires correction. If we refuse such a request, we will provide you with a written notice stating our reasons.

Using our VBreathe Website and VBreathe App

When you visit the VBreathe Website or use the VBreathe App, we may record certain statistical, non-personal information such as your server IP address, domain name, phone model, operating system version, date and time of your visit and pages viewed. This information will only be used for statistical and administration purposes, which helps us to improve the VBreathe Website and VBreathe App.

We also use cookies to identify the specific computer, tablet or other device that accesses the VBreathe Website. A cookie is a small text file stored on the device for a pre-defined period of time. This allows us to identify your device to help us see how people use the VBreathe Website and to keep you logged in to your Account. However, the cookies do not contain Personal Information. Please refer to your web browser’s help section for information on cookie settings.

Employees

We collect Personal Information in relation to employees and prospective employees as part of their application and during the course of their employment. We may collect Personal Information from the individual and from third parties such as recruitment agencies, previous employers, referees, other publicly available sources and from other employees. This may include contact details, emergency contact details, qualifications, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records, leave, and logs of the employee’s usage of our equipment (eg phones, computers and vehicles).

Under the Privacy Act, Personal Information about a current or former employee may be held, used or disclosed in any way that is directly connected to the employment relationship. We handle employees’ Personal Information in accordance with legal requirements and our applicable policies in force from time to time. Except for this section, this Privacy Policy does not apply to Personal Information stored in our employee records. However, the rest of this Privacy Policy does apply to Personal Information collected about applicants who do not become employees of VBreathe.

Mobile Terms of Service

The VBreathe Pty Ltd mobile message service (the "Service") is operated by VBreathe Pty Ltd (“VBreathe Pty Ltd”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to VBreathe Pty Ltd’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of VBreathe Pty Ltd through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with VBreathe Pty Ltd. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to VBreathePty or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other VBreathe Pty Ltd mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to VBreathePty or email mohit@vbreathe.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

We reserve the right to change the terms of this Privacy Policy from time to time without prior notice. The latest version will be available on our VBreathe Website.

Privacy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

Post: Privacy Officer, VBreathe Pty Ltd, Level 5 / Tower B, 799 Pacific Highway, Chatswood NSW 2067

Email: health@vbreathe.com

Telephone: 1800 849 104

When contacting us please provide as much detail as possible in relation to your question, concern or complaint.

We take all complaints seriously, and will respond within a reasonable period. We may need to ask you for further details in order to properly investigate a complaint. If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

Post: Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001

Email: enquiries@oaic.gov.au

Telephone: 1300 363 992