Privacy Policy
This website, www.ninakingsfordsmith.com.au, is owned and operated by Nina Kingsford-Smith (ABN 21 705 730 164). If you have any questions or need further information, please don’t hesitate to contact me on:
Email: contact@ninakingsfordsmith.com.au
Postal address: 2 Yaralla Street Concord West NSW 2138
This sets out my Privacy Policy. It describes how I collect and manage your personal information when you interact with this website. I take this responsibility seriously. If you have any questions or concerns about how your personal information is being handled, please don’t hesitate to contact me.
I comply with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act). I understand that visitors from the EU may access this site, so I also aim to comply with the General Data Protection Regulations (GDPR).
Personal Information
If you choose to become my client, engage with me via this website or via other means, I may ask to collect certain personal information from you. This may include:
Contact Details – such as your name, email address, contact number and residential address
Interests and Preferences – including your opinion about future topics, services or products that may interest you
Interaction – information that allows me to tailor my content to your wants and needs when you sign up for my newsletter, workshops, webinars or other events
Internet – with your consent, I may collect your IP address, and information about your browsing history to help me improve the usability and appeal of my website
Collection and Use
I may collect your personal information by various means including:
When you contact me with correspondence, questions, enquiries or comments via phone, text, email, my website, my online record keeping software systems including Halaxy and Cliniko, social media platforms including Facebook and Instagram, online directories such as Natural Therapies Pages and Yellow Pages, and in person
When you book an appointment with me
During an appointment with me
When you visit my website
When you take part in an opt in on my website
When you sign up for my newsletter
When you sign up to one of my workshops, webinars or other events
When you provide a testimonial or review
I may collect and use this information:
For the purposes for which it was obtained, such as health information provided during a consultation to inform the treatment plan
To respond to your correspondence, questions, enquiries or comments
To provide services to you at your request, including nutrition consultations, workshops, webinars and other events
To provide information and updates about my services, teachings and marketing
To improve the services I provide and this website
To help others understand my services better
For a secondary purpose directly related to the primary purpose
I will only collect your personal information:
With your full awareness and consent, such as when you contact me, tick a checkbox or fill in a form to provide me with information
When I need to provide you with information or services that you have requested
When you become a client of mine or engage with other services that I offer, including nutrition consultations, workshops, webinars and other events
When I am legally required or authorised to collect it
To maintain my client database
If I can demonstrate a legitimate interest in using your data for marketing purposes, although I will always give you a choice to opt out
Sensitive Information
I understand that some personal information is particularly sensitive. I will only collect sensitive information by methods that are reasonably secure, such as:
Face to face – when I am providing a service to you, including nutrition consultations
Virtual consultations – via Zoom, Skype or phone when I am providing a service to you, including nutrition consultations
Via email or phone correspondence – for example when you enquire about my services or send me information such as forms and questionnaires for the purposes of our nutrition consultations
Via social media correspondence (including Facebook and Instagram) – for example when you enquire about my services
On my forms or questionnaires, such as my intake form for initial nutrition consultations
Via my online record keeping software systems, including Halaxy and Cliniko
Via online order systems for purchasing prescribed supplements, such as Vital.ly
The reason why I collect this information is:
So that I can provide you with the services you have requested, including nutrition consultations
To respond to correspondence, questions, enquiries or comments
To provide information and updates about my services, including nutrition consultations, workshops, webinars and other events
To ensure that I am providing you with the most appropriate services
The sensitive information I ask you to provide for this purpose may include:
Information relating to the services I am providing you – including date of birth, current health status, previous health history, details of current and past medication and treatments, findings from pathology testing or other investigations, lifestyle factors, dietary intake and family history
Information relating to my communications with you and your participation in workshops, webinars and other events held by me
I am committed to securely storing and handling your sensitive information. I take physical, technical and administrative safeguards to protect your personal information from misuse, interference, loss, unauthorised access, modification and disclosure. This includes:
Storing hardcopy files in a locked filing cabinet within a secure clinic room with limited access to personnel.
If you communicate with me via electronic means such as email, text, Zoom, Skype, contact forms, or social media (including Facebook and Instagram), I do not have full control over the transmission or storage or any personal information disclosed. You agree that by participating in such forms of communication you understand and accept that there is an inherent risk of disclosure or loss of your personal information for which I cannot be held responsible.
Sensitive information may be collected from children under the age of 18 under in the presence of their parents and with their parent or guardian’s full consent. All information collected from minors is securely stored in accordance with this privacy policy.
Destruction Policy
When your sensitive information is no longer needed for the purposes for which it was obtained, I will take reasonable steps to destroy or completely de-identify such information. Most personal information is or will be stored in client files, which will be kept by me for a minimum of 7 years following your last consultation.
Professional Considerations
I am subject to the Privacy Act 1988 (Cth) (Privacy Act) regarding the collection of personal information . I am committed to protecting your privacy and comply with the Australian Privacy Principles according to the Privacy Act 1988 (Cth) (Privacy Act). The Australian Privacy Principles govern the way in which I collect, use, disclose, store, secure and dispose of your personal information. As a healthcare practitioner, I owe you a professional duty of confidentiality. I take this responsibility seriously and will always strive to promote your best interests. A copy of the Australian Privacy Principles may be obtained from the website of the Australian Information Commissioner at www.aoic.gov.au.
Right to Not Provide Personal Information
You may choose not to provide me with your personal information. However, if you choose to not fully disclose information to me or provide inaccurate information to me, I may not be able to provide you with the services that you request. You must provide me with full and accurate information about your diagnosed medical conditions, medications or supplements, known allergies and intolerances, so I can ensure safety of treatment and check for possible pharmacological interactions with any nutrients or other supplements and products that I prescribe.
Use of Personal Information
Reasons why I may disclose your personal information include:
To provide you with the services you have requested
With your consent, I may share your information with other health care professionals. This will occur if you and I both agree that another practitioner could help you further. In such cases, you are in control of what information I share with which health professionals. Such health professionals may include a GP, other nutritionist, herbalist, naturopath, counsellor, psychologist, chiropractor, osteopath or massage therapist.
To send you a script for supplements through an online order system, such as Vital.ly; or to supplements or other products directly in the post
To add you to my mailing list through my email marketing provider, MailChimp
Disclosure to Third Parties
I may share certain relevant personal information, on a strictly need to know basis, with certain third parties that assist me in providing the services and / or information that I provide to you. In these situations, your personal information will be managed according to their privacy and security policies – please refer directly to their policies for more information. These third parties include:
Other healthcare professionals – these may include a GP, other nutritionist, herbalist, naturopath, counsellor, psychologist, chiropractor, osteopath or massage therapist.
Halaxy and Cliniko – my record keeping software systems, for the purposes of recording health data and for administrative purposes including invoicing.
MailChimp – my email marketing provider, for the purposes of providing you with my newsletter, information and updates about my services and teachings.
Vital.ly or other online ordering systems – an online ordering system, for the purposes of prescribing you supplements and other products to be posted to you directly.
Australia Post or other courier companies – for the purposes of delivering supplements or other products to you
Google Analytics – a Google service, for the purpose of tracking my website usage which may capture your IP address but no other personal information.
Third parties who deal with legal matters, such as auditing – for the purposes of legal issues, such as taxation
I will use all reasonable means to protect the confidentiality of your personal information while in my possession or control. I will not knowingly share any of your personal information with any third party other than the service providers who assist me in providing the information and / or services I am providing to you. To the extent that I do share your personal information with a service provider, I would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. However, some of my service providers may be overseas and may not be subject to Australian Privacy Laws. Please contact me if you require specific details.
Where reasonable and practicable to do so, I will collect your personal information directly from you. In some circumstances, however, I may be provided with information from a third party. In such circumstances, I will take reasonable steps to ensure you are made aware of the information provided to me by the third party. If you have any concerns regarding the disclosure of your personal information, please do not hesitate to get in touch with me to discuss this personally.
Legal Disclosure
I will also disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where I have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to my functions or activities has been, is being or may be engaged in, and in response to a subpoena, discovery request or a court order. If you have any concerns regarding the disclosure of your personal information, please do not hesitate to get in touch with me to discuss this personally.
Overseas Disclosure
I will use all reasonable means to protect the confidentiality of your personal information while in my possession or control. I will not knowingly share any of your personal information with any third party other than the service providers who assist me in providing the information and / or services that I provide to you. To the extent that I do share your personal information with a service provider, I would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. However, some of my service providers may be overseas and may not be subject to Australian Privacy Laws or compliant with GDPR. If you have any concerns regarding the disclosure of your personal information, please do not hesitate to get in touch with me to discuss this personally.
Security
I am committed to keeping your data secure. I take physical, technical and administrative safeguards to protect your personal information from misuse, interference, loss, and unauthorised access, modification and disclosure.
I manage risks to your personal information by:
Storing files securely – this includes storing hardcopy files in filing cabinet within a secure clinic room with limited access to personnel; and storing my electronic files on a password protected computer to which only I have access. Other electronic files are stored on my online record keeping software systems, Halaxy and Cliniko – you can find out more about their security provisions here for Halaxy and here for Cliniko. If you communicate with me via electronic means such as email, Zoom, Skype, contact forms, Facebook or Instagram, I do not have full control over the transmission or storage or any personal information disclosed. You agree that by participating in such forms of communication you understand and accept that there is an inherent risk of disclosure or loss of your personal information for which I cannot be held responsible.
Ensuring that only I have access to sensitive information
Releasing information to other healthcare practitioners only with your consent
Releasing information to service providers on a strictly need-to-know basis
Conducting regular audits of my security systems
As mentioned above, your personal information may also be stored with a third-party provider, where it will be managed under their security policy:
Halaxy – https://www.halaxy.com/article/privacy.
MailChimp – https://mailchimp.com/legal/privacy/
Vital.ly - https://www.vital.ly/privacy_policy.html
Opting Put of Marketing Communications
I may send you newsletters, information and updates about my services and teachings. I will only do so if you have requested to receive such information through signing up to my newsletter, signing up via another form such as at an event, or becoming a client of mine. You can opt out of receiving further such communications be clicking the ‘unsubscribe’ option at the bottom of any marketing email sent from me, or by contacting me directly via contact@ninakingsfordsmith.com.au or 0432 892 012.
Accessing, Updating and Correcting Information
You can contact me to access, update and / or correct your personal information at any time. Unless I am subject to a confidentiality obligation or some other restriction on giving access to the information which permits me to refuse you access under the Privacy Act, and I believe there is a valid reason for doing so, I will endeavour to make your information available you within 30 days. If you request to correct your personal information, I will correct the information, or, if I consider it more appropriate, note your request for amendment of the information on your record. Please begin the process by sending an email requesting access to your information to me at contact@ninakingsfordsmith.com.au and I will endeavour to respond within 5 business days.
Notification of Breach
If I have reason to suspect that a serious data breach has occurred and that this may result in harm or loss to you, I will immediately assess the situation and take appropriate remedial action. If I still believe that you are at risk, I will notify the Office of the Information Commissioner and either notify you directly, or if that is not possible, publicise a notification of the breach on this website.
Notification of Change
If I decide to change my Privacy Policy, I will post a copy of the revised policy to this website www.ninakingsfordsmith.com.au
Complaints / Contact
If a breach of this Privacy Policy occurs, or if you have any queries or complaints about this Privacy Policy, you may contact me by sending an email outlining your queries or concerns to me at contact@ninakingsfordsmith.com.au and I will endeavour to respond within 2 business days.
If you are not satisfied with my response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available here, or the NSW Health Ombudsman using the information available here.
Terms & Conditions
This website, www.ninakingsfordsmith.com.au, is owned and operated by Nina Kingsford-Smith (ABN 21 705 730 164). If you have any questions or need further information, please don’t hesitate to contact me on:
Email: contact@ninakingsfordsmith.com.au
Phone: 0432 892 012
Postal address: 2 Yaralla Street Concord West NSW 2138
This sets out the Terms and Conditions you need to be aware of when using this website. Please take a moment to read them, as they set out your important rights and obligations and I care about making sure we both know where we stand. When you visit this website and / or use my services, you agree that you are over the age of 18 and are willing to be bound by these Terms and Conditions. If you don’t accept this agreement, you should not continue to visit this website or purchase from me. All products and services advertised on this website are offered in compliance with Australian Consumer Law.
General Disclaimer
On this website you will find blog posts, recipes and information on health and wellbeing. This information is provided solely for education, entertainment, personal development, health and wellbeing.
My Rights and Responsibilities
I take lots of care to provide valuable information but I cannot be responsible for the use that you make of that information. Please be aware that the generalised information I provide is not a substitute for qualified advice tailored to your individual circumstances. Any testimonials and promised results I may display on this website are based on my experience and those of my previous clients. They are not guarantees that anyone else will achieve the same results. I may modify this information provided on this website at any time, including altering or deleting it without notice.
Visitor Responsibilities
As a visitor to my website, you are solely responsible for what you do with the information provided on this website. I take lots of care to provide valuable information, but I cannot be responsible for the use that you make of that information. Please be aware that the information I provide on this website is not a substitute for advice tailored to your individual circumstances. Please contact me directly if you have any doubts or questions about any of the information provided on this website.
Downloads
I am not responsible for viruses or any other damage which may occur as a result of downloading material from this website.
External Links
I am not responsible for the contect of any external websites that are linked to this website.
Specific Disclaimer
This disclaimer relates to the services that I provide – nutrition consultations and other nutrition services (workshops; cooking classes; kitchen skill building; pantry organisation; and shopping tours)
My Responsibility
I provide these services with the intention of supporting you with your health and wellbeing. I have a Bachelor of Health Science majoring in Nutrition and Dietetics (BHSc NutDMed) and am registered with the Australian Natural Therapists Association.
Your Responsibility
Working with me is an opportunity for you to achieve your goals, however ultimately you are responsible for your own health and health journey.
It is your responsibility to be honest and inform me of any changes to your health, including new medications / supplements / herbs; symptoms; newly diagnosed or undiagnosed medical conditions; and if you plan to become pregnant, are pregnant or breastfeeding.
It is also your responsibility to inform your medical support team of your work with me, and to continue any treatments prescribed by your doctor. You are responsible for seeking urgent medical assistance if your symptoms are severe.
You are responsible for making a consistent and genuine commitment to the recommendations in your treatment plan, and it is your responsibility to understand that there is no quick fix, but that healing takes effort and time. It is also your responsibility to clearly communicate to me any concerns or questions that you may have in regards to our work together.
Potential Problems
The treatments that I provide are of a holistic, therapeutic nature. I do not attempt to diagnose disease, which is why it is important that you continue working with your normal medical support team and consult them if you have any concerns.
Even the gentlest therapies and supplements have a risk of adverse reactions. While I will do my best to ensure that all contraindications are considered, you agree that you choose to follow your treatment plan voluntarily and at your own risk. Please monitor your wellbeing closely and seek urgent assistance if you experience any cause for concern.
If you need to cancel or miss an appointment, please remember that any appointments cancelled within 48 hours of the appointment time, or any missed appointments, will attract a 50% cancellation fee.
Suitability
These services are intended to benefit those who wish to engage with my services. You will get the most out of my services if you come with a positive and open frame of mind; and are ready, willing and committed to doing the work involved.
Intellectual Property
Copyright
The content of this website is protected by copyright. No portion of this website may be copied or replicated in any form without my written consent. This website and any information on it, however, can be shared (for example on social media), provided that you link back to this website and credit me.
Trademarks
I own the unregistered trademarks “healthy happenings”™ and "healthy happenings with Nina"™. These trademarks may not be used in connection with any other product or service without a license, in any way that is likely to cause confusion in the marketplace, or in any manner that disparages me or my business.
Payment Terms
Forms of Payment
Payment for my nutrition services is due at the conclusion of the appointment. For face to face appointments, I accept payment via cash, card or direct deposit at the immediate conclusion of the appointment. For telehealth appointments, I will send you an invoice at the conclusion of the appointment, and payment is due within 7 days of the invoice date via direct deposit. Any supplements I prescribe are primarily done so via the online ordering system Vital.ly, whereby payment is made directly to Vital.ly.
Payment Plans
Payment plans for the services I provide may be possible dependent on your individual circumstances. Please get in touch with me directly to find out more.
Delivery
A nutrition consultation with me may be conducted face to face or via telehealth (either Zoom or phone call).
For Zoom consultations, I recommend that you download and install Zoom in advance. I will send you a link just before the appointment time, please click on this link at the appointment time to join the consultation. For phone consultations, I will call you at the appointment time.
Cancellation Policy
It is a requirement that you provide at least 48 hours notice of cancellation or rescheduling. Cancellations made with less than 48 hours notice will incur a cancellation fee of 50% of the appointment cost.
I kindly ask that you avoid cancelling or rescheduling appointments. As a small business, last minute cancelled or rescheduled appointments cause troubles and impact everyone. This policy is in place so I can help all clients get appointments when they need them. When you give enough notice, it allows me to use that time to help someone else.
Returns Policy
Change of Mind
I do not offer a refund to those who change their mind.
Consumer Guarantees
Minor Problems
If I am ill and cannot attend our consultation, the appointment will be rescheduled at your best convenience.
If the internet / reception cuts out during a telehealth consultation, the appointment will be rescheduled at your best convenience.
If a product prescribed for you if out of stock with the supplier, a replacement product will be made or we will wait for the original product to come back into stock.
Major Problems
If you feel that there is any problem with my services, please let me know within 24 hours of the session. I am keen to understand what has happened if you are unhappy or concerned so that I can address these concerns and try to find a mutually acceptable solution.
I take my obligations under Australian Consumer Law seriously and will do my best to address any issues that arise. However, even if there is a major problem, my liability is strictly limited to:
Providing the services again; or
If I am unable to do so within a reasonable time, paying the cost of having the services supplied to you again
Visitor Information
I reserve the right to delete any comments on my social media accounts that I deem to be rude, offensive or unacceptable. Please be nice and polite.
Third Party Content
Any third party content expressed on this website represents that parties opinions and not mine.
Jurisdiction & Dispute Resolution
If you have any concerns, issues or complaints arising out of your use of this website, my services, or these terms and conditions, you agree to communicate with me with the intention of making a genuine effort to seek a win / win solution, and trying to resolve the dispute through negotiation and discussion.
If we are unable to resolve a dispute by negotiation and discussion, you may access the complaints procedure offered by the Australian Natural Therapists Association here.
We both agree that we shall not publicly or privately disparage each other or anyone connected with the other’s business, but rather shall act in good faith to refrain from any conduct or communication which might reasonably be expected to negatively interfere with the business and / or personal interests of each other.
Litigation
It is a condition precedent to the right of either party to commence litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.
Jurisdiction
This agreement is subject to the governing law of New South Wales. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of New South Wales, and the Commonwealth of Australia, will have exclusive jurisdiction.