Privacy Policy
Cosmetic Skin Therapies Pty Ltd (ACN 610 172 855) (“CST”, “we”, “us” or “our”) may collect and hold information or opinions which identify users of services relating to or provided by CST or representatives of CST (“personal information”) from time to time. We may collect personal information whether or not it is true and whether or not it is recorded in a material form.
Personal information
The kind of personal information that we collect and hold may differ depending upon which services you use and your relationship with us.
Personal information we collect and hold from information you provide
We will typically collect personal information from you via third parties provided you have consented to such collection. For example, if you request a CST service on the CST website via our third party software provider, Soham, Inc. (known as Zenoti), or if your personal information is inputted into the CST system by your health care practitioner or CST clinic when you visit a clinic, your personal information will also be provided to us for the purposes outlined in this Privacy Policy. We take all reasonable steps to let you know when your personal information is being collected by third parties or on behalf of us and provided to us.
In all other circumstances, we will collect personal information from you directly.
If we collect your personal information from another person and it is unclear that you have consented to the disclosure of that information to us or that information is otherwise not permitted to be disclosed to us, we will, whenever reasonably possible, make you aware that we have done this and the reasons for doing so.
If you do not provide some or all of the personal information requested, you may be unable to receive the CST services.
This personal information includes information we collect from you when you use our website, make enquiries online, request services online or in store, complete and submit treatment and consent forms online or in store, or when you otherwise provide CST or its representatives with any personal information in connection with a CST service offered.
The kinds of personal information that we commonly collect and hold from you or about you include:
- your full name and contact details, including your address, phone number(s) and email address;
- your date of birth;
- your gender;
- if you are a patient or prospective patient, your sensitive health information, including:
- details of the treatments and/or services you request;
- your medical history as relevant to the services you request;
- if you are a healthcare professional, your healthcare identifying details, including your prescriber number;
- your credit/debit card and banking details (including bank account and BSB numbers); and
- any other information necessary for CST services to be provided to you.
Use, storage and disclosure of your personal information
We will only use or disclose personal information that is also “sensitive information” where you have actually or impliedly given us your consent to do so. For example, if you share with us via our website your medical history or any other sensitive information in the process of using our services, we will treat that as your consent to use that information to provide or procure services you have requested.
How we use your personal information
We use the personal information we hold about you to do the following things:
- administer the CST franchise and services provided by CST franchisees;
- procure CST services at your request;
- send you booking confirmation via text and/or email in relation to your requested CST services;
- with your express consent (which you may withhold), use your before and after treatment photographs for the education and training of health care professionals during medical meetings, clinical training and for educational materials;
- with your express consent (which you may withhold), take before and after treatment photographs of you for use in patient, consumer and trade materials and media (including the CST website);
- send you marketing communications;
- liaise with CST franchisees and representatives and any other third parties associated with CST services;
- liaise with third party providers, including drug suppliers in the event you have a complaint, query or comment about a CST product or service;
- communicate with you concerning our services;
- respond to feedback from you;
- develop and/or test our systems and services; and
- for our own internal administrative purposes.
Where we disclose your personal information to our agents or sub-contractors for these purposes, the agent or subcontractor in question will be obligated to use that personal information in accordance with the terms of this Privacy Policy.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, we may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend our legal rights.
Direct marketing
We may use or disclose the personal information we collect from you for direct marketing.
You may request at any time not to receive direct marketing material when you use our services.
Simply contact us via our contact details below and we will make sure you no longer receive direct marketing communications from us.
Improved services
We may use or disclose the personal information we collect from you to improve your CST experience.
How we store your personal information
Your personal information is primarily stored by electronic means. We have physical, electronic and procedural safeguards in place for personal information and take reasonable steps to ensure that your personal information is protected from misuse, interference, loss and unauthorised access, modification and disclosure.
We will store all the personal information you provide on our secure servers.
Pseudonymity or anonymity
You can be anonymous or use a pseudonym when dealing with us, unless:
- the use of your true identity is a legal requirement; or
- it is impracticable for us to deal with you on such basis.
Cross-border disclosure of personal information
We may disclose some of your personal information to overseas recipients for any of the reasons outlined above, as we may advise to you from time to time.
We also store electronic personal information using cloud technology, which involves the transfer of data to other foreign countries, including to the United States of America. Before any personal information is disclosed to a recipient in a foreign country, the Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that the recipient does not breach the APPs in relation to the information. However, if you consent to the disclosure of your personal information to overseas recipients, we are not required to take such steps.
By submitting your personal information to us (whether directly or indirectly), you expressly consent to the disclosure, transfer, storage or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia may not have the same privacy protection obligations as Australia in relation to personal information.
Integrity of personal information
Quality of personal information we collect and hold
We take all reasonable steps to ensure that:
- the personal information we collect is accurate, up to date and complete; and
- the personal information we use or disclose is accurate, up to date, complete and relevant having regard to the purpose of the disclosure.
To assist us to keep our records up-to-date, please notify us using our contact details below of any changes to your personal information.
Security of personal information
We take all reasonable steps to protect the personal information we collect from:
- misuse, interference and loss; and
- unauthorised access, modification or disclosure.
If we hold personal information which we no longer need for any purpose for which we may disclose your personal information as described in this policy, and:
- the information is not contained in a Commonwealth record; and
- we are not required by or under an Australian law, or a court/tribunal order, to retain the information,
then we will take all such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.
Access to and corrections of your personal information
Access to your personal information
We have procedures in place for dealing with and responding to requests for access to, and correction of, the personal information held about you. In most cases, we expect that we will be able to comply with your request. However, if we do not agree to provide you access or to correct the information as requested, we will give you written reasons for our decision. For further information on such reasons, please contact us using our contact details below.
Corrections of your personal information
We will make corrections to personal information we hold about you, if:
- we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading; or
- you request us to correct the information.
Within a reasonable period following the situations set out in the above paragraphs, we will take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.
Data Breaches
If we suspect that a data breach has occurred, we will undertake an assessment into the circumstances of the suspected breach within 30 days after the suspected breach has occurred. Where it is ascertained that a breach has actually occurred and where required by law, we will notify the Office of the Australian Information Commissioner and affected customers as soon as practicable after becoming aware that a data breach has occurred.
How to contact us
Complaints, concerns or queries
If you have a problem, complaint or wish to enquire about our Privacy Policy, please contact us using the below contact details.
We will respond to your complaint in accordance with the relevant provisions of the Privacy Act 1988 (Cth) as soon as practicable. We treat complaints relating to privacy very seriously. If you submit a concern or complaint, we will endeavour to deal with it comprehensively and reach an outcome where all parties are satisfied.
If you are not satisfied with our response to your complaint, or if you would like further information about privacy in Australia, then we suggest you contact the Office of the Australian Information Commissioner at www.oaic.gov.au.
Our contact details
The Privacy Officer
PO Box 39
Mt Gravatt, QLD 4122
privacy@cosmeticskintherapies.com.au
Terms of Use
In these Terms of Use, reference to “we”, “our”, “us”, or “CST” is a reference to Cosmetic Skin Therapies Pty Ltd.
These Terms of Use govern your use of our website. By continuing to use our website and related services (services), you agree to comply with these Terms of Use.
1 Services
- You will need to create an account in order to use our services.
- To protect your account, it is important that you keep your password and all other account access details strictly confidential and private. You are responsible for the activity that happens through your account.
- These Terms of Use are effective immediately upon you requesting an account with us, or upon an account being allocated to you.
- You must use the services provided by CST in accordance with all of our terms, rules and policies, as we may update from time to time, and in accordance with all laws.
- When using our services, you agree and acknowledge that:
- cosmetic injection treatments cannot be pre-paid;
- bookings must be made in advance;
- cosmetic injection patients must be deemed medically fit and suitable for treatment, following a consultation with one of our registered medical professionals and a video consultation with one of our supervising prescribers;
- your cosmetic injection treatments cost will be based on the franchisee’s cosmetic injection pricing schedule;
- mandatory two week and four week follow up appointments are free unless cosmetic injections are given, therefore the cost will be based on the franchisee’s cosmetic injections pricing schedule;
- the price per area treated will depend on the number of units/mls required and the product used; and
- packages cannot be split over appointments.
2 Privacy
- These Terms of Use apply in conjunction with our Privacy Policy (available on our website at:https://cosmeticskintherapies.com.au/terms-privacy/), as updated by us from time to time.
- You acknowledge and accept that will collect, hold, use and disclose the personal information we collect from you, including your credit card details, securely and in accordance with the Australian Privacy Principles and our Privacy If you have any questions or concerns about your privacy and the information we collect, please contact us.
3 Intellectual Property
- CST owns or has rights in relation to all intellectual property rights in respect of its services, including its website.
- CST grants to you a personal, royalty-free, non-transferable and non-exclusive licence to use its services. This licence is for the sole purpose of enabling you to use CST’s services. You may not copy, modify, reverse-engineer, distribute, sell or lease any part of our services, the website or any other intellectual property without our prior written consent.
4 Warranties
- To the maximum extent permitted by law and except as expressly provided to the contrary in these Terms of Use, CST makes no representations or warranties in relation to the products or services it provides. You accept and acknowledge that:
- we do not guarantee continuous, uninterrupted or secure access to any part of our services or systems;
- we make no representations or warranties regarding the accuracy of the information available through our application.
- You represent and warrant, and it is a condition of using our products and services, that:
- all information you provide to CST is accurate and is not, whether by omission of information or otherwise, misleading; and
- you do not rely upon any representation made to you by CST or any related body corporate of CST (if any) before entry into these Terms of Use.
- CST relies on the warranties and representations made by you under these Terms of Use.
5 Limitation of Liability
- To the maximum extent permitted by law, in no event will CST be liable to you for any loss or damage of any kind (including Consequential Loss) arising out of or in connection with:
- your use of, or your inability to use, our services;
- delays or disruptions in our services;
- viruses or other malicious software obtained by accessing our services or any website or service linked to our websites, software or services;
- glitches, bugs, errors, or inaccuracies of any kind in our software, systems or services or in the information and graphics obtained from them;
- the content, actions, or inactions of third parties; or
- a suspension or other action taken with respect to your account.
- To the maximum extent permitted by law and except as expressly provided to the contrary in these Terms of Use, any liability of CST for any loss or damage, however caused (including by negligence of CST), suffered by you in connection with these Terms of Use is limited to the amount of $100 (AUD). This limitation is an aggregate limit for all claims, wherever made.
- Nothing in these Terms of Use is intended to exclude any liability that is unlawful to be excluded and any such term should be read as excluding such liability only to the extent permitted by law.
- Subject to clause 5.1, CST is not liable for any Consequential Loss however caused (including by the negligence of CST), suffered or incurred by you in connection with these Terms of Use, where Consequential Loss in this clause 5.4 means:
- loss of revenue;
- loss of reputation;
- loss of profits;
- loss of bargain;
- loss of actual anticipated savings;
- lost opportunities, including opportunities to enter into arrangements with third parties;
- loss of connection with claims by third parties; and
- loss or corruption of data.
- If the Competition and Consumer Act 2010 (Cth) or any other legislation does not permit CST to exclude or limit its liability as contemplated by these Terms of Use, those clauses in these Terms of Use do not apply to that liability and instead CST’s liability for such breach is limited to, at CST’s option:
- the supplying of the services again; or
- the payment of the reasonable cost of having the services supplied again.
- If you have a dispute with any other party using a CST account (including third party service providers), you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
6 Indemnification
- You indemnify and hold us and each of our officers, directors and employees harmless from any claim or loss (including legal fees) arising out of or in connection with:
- your breach of these Terms of Use or any other agreement between you and CST;
- your breach of any law;
- your breach of any right of a third party;
- an act or omission of a person you authorise to access your account; or
- an act or omission of a person not authorised to access your account as a result of your negligence.
- Your liability under this clause will be proportionally reduced to the extent that CST caused or contributed to the relevant claim or loss, or where CST failed to take reasonable steps to mitigate the relevant claim or loss.
7 Termination
- You can stop using our services at any time without cost.
- We reserve the right to stop providing our services to you at any time without notice to you.
8 General
- The laws of Queensland, Australia govern these Terms of Use. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
- Where CST may exercise any right or discretion or make any decision under these Terms of Use, CST may do so in its absolute discretion, conditionally or unconditionally, and without being required to give reasons or act This clause applies unless these Terms of Use expressly require otherwise.
- CST may assign its interest under these Terms of Use without requiring the Customer’s consent.
- A clause or part of a clause of these Terms of Use that is illegal or unenforceable may be severed from these Terms of Use and the remaining clauses or parts of the clause of these Terms of Use continue in force.
- A right under these Terms of Use may only be waived in writing signed by the party granting the waiver and is effective only to the extent specifically set out in the waiver.
- We may amend these Terms of Use from time to time with notice to you. The revised version will be effective at the time we specify, or if no time is specified, immediately.
- You agree to receive notices or updates from us in relation to the Services electronically.
- If there is a conflict between these Terms of Use, and any other terms and conditions or agreements you may have with CST, those additional terms, conditions and agreements will prevail to the extent of the conflict (unless otherwise stated).
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