We do not, and will never, sell or expose your data. We understand that your health information is private and personal and are dedicated to maintaining its confidentiality and integrity.
Purpose of this Policy
Outcomes Nutrition Pty Ltd ABN 41 676 658 236 (“Outcomes Nutrition”, “we”, “Tummily”) operates the Tummily® mobile application, the website at tummilyapp.com and any related services (collectively, the “Services”). We provide you (the “User”) with access to the “System”. We are committed to protecting and respecting your privacy. This Privacy Policy (“Policy”) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us and how you can get access to this information. If in doubt, the primary governing law of this policy is that of the state of New South Wales, Australia.
We aim to comply with all applicable privacy laws and frameworks, including HIPAA, GDPR, and the EU-US Privacy Shield.
Processing your data
What is the purpose of our processing?
We process your data in order to provide program of personalized tools for tracking and managing IBS and to support the delivery of that program.
What is our legal basis for processing?
We require consent from all users before processing their data. This consent can be withdrawn at any time. To request deletion of data, please send an email to hello@tummilyapp.com from the email associated with the data you wish to delete.
What data do we collect?
Personal information
We collect and use information like your name and email address, and phone number to personalize the program and communicate with you. You can opt out of any external communications at any time.
Health information
We collect information about your self-reported symptoms (e.g. bloating, pain), stool type, menstrual data, medications & supplements, meals, ingredients and dietary preferences in order to personalize the program to your needs and preferences.
Electronic identifiers
We may collection information about the devices you use to access the System, including (but not limited to) IP address, mobile device UDID and IMEI numbers, operating system, browser type, and screen size. This information is used to provide you with customer support, for system administration, to tailor your experience of the System, to report aggregate information internally, and to assist communication (e.g., push notifications).
Cookies
We may store cookies (small text files managed by your web browser) on your computer in order to improve your experience with the System. Example uses of these cookies include: recognizing you when you return to the System, maintaining data you’ve entered across multiple sessions, and storing information about your personal preferences.
You may refuse to accept cookies by changing the settings on your device to prevent cookies from being set. However, if you select this setting you may be unable to access certain parts of the System. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you visit the System.
Non-identifiable information
We never sell your data. We disclose it only to:
Who has access to that data?
Outcomes Nutrition understands that your identifiable health information is private and personal and is dedicated to maintaining its confidentiality and integrity. As such, we will never sell or rent it, and we have policies, procedures, and other safeguards to help protect it from improper use and disclosure.
We follow a Minimum Necessary Access Policy so any required disclosure of your identifiable health information is minimized. The following categories describe the ways in which we use your identifiable health information and the rare instances that require us to disclose it to third parties. We have not listed every use or disclosure within the categories below, but all permitted uses and disclosures will fall within one of the following categories. In addition, there are some uses and disclosures that may require your specific authorization.
Outcomes Nutrition does not disclose Personal Information to third parties for any purpose materially different from the purpose(s) for which it was originally collected.
Disclosure at your request
We may disclose information relating to your use of the System when requested by you. This disclosure at your request may require written authorization by you.
Payment
We do not store credit card or customer details with any 3rd parties except trusted suppliers who help us deliver the services associated with the System and we are committed to ensuring that all suppliers meet our security and data protection standards.
Services and Operations
We may use and disclose your health information in connection with providing services, for our internal operations, which include administration, eligibility, planning, analytics and various activities that assess and improve the quality and cost effectiveness of the service that we deliver to you. Examples are using information about you to improve quality of the service, satisfaction surveys, de-identifying health information, customer services and internal training.
Emails
We may receive a confirmation when you open an email from us, or click on a link in an email, if your computer supports this type of program. We use this confirmation to help us make emails more interesting and helpful. When you receive an email from us, you can opt out of receiving further emails by following the included instructions to unsubscribe. However, by opting out of further email communications after you sign up, you may limit program reminders and other valuable program content and components.
Reminders and notifications
We may use and disclose your identifiable health information to contact you as a reminder to interact with, or complete tasks relating to your use of the System. You may make changes to the format and frequency of these reminders, or cancel these reminders and/or notifications by logging into your account in the App, and/or by accessing the native notification settings on your mobile device when using the App.
Third party service providers
There are some services provided in our organization through third party services providers. Examples of third party services providers include accounting services, server hosting and email delivery providers, business associates, vendors and other business partners and reputable companies in the industry.
As required by law
Certain laws permit or require certain uses and disclosures of identifiable health information for example, for public health activities, health oversight activities and law enforcement. In these instances, Outcomes Nutrition will only use or disclose your identifiable health information to the extent the law requires
In these Terms of Service and Use:
a) the expression ‘user’, ‘you’ and ‘your(s)’ refers to the person or organisation accessing and using the Application;
b) the expression ‘we’, ‘us’, ‘our’ means Outcomes Nutrition Pty Ltd
The Application is owned and operated by Outcomes Nutrition Pty Ltd. We reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the Application to incorporate new Terms of Use, at any time and without notice. All changes are effective from the date they are posted and your continued use of the Application will constitute your acceptance of the variation of the Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the Application.
Your use of the Application indicates that you accept these Terms of Use and that you agree to abide by them as a legally binding agreement between you and us. Your acceptance of these Terms of Use takes effect on the date on which you install or use the Application.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST IMMEDIATELY CEASE DOWNLOADING, INSTALLING, DISPLAYING OR USING THE APPLICATION.
Use of the Application by you
You may download the Application, to view, use and display the Application on your mobile device for your personal use only. You may not use the Application for any other purpose.
You must use the Application in accordance with these Terms of Use and in accordance with any applicable law and regulation relating to downloading or in relation to the technology used or supported by the Application.
You must not:
a) copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Application in any way whatsoever;
b) use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Application; and
c) use the Application for commercial purposes.
Intellectual Property
All intellectual property in the information and material published on the Application is owned by us. You obtain no interest in the intellectual property. All content in the Application, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws in Australia. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Application or any of its components.
You acknowledge that you have no rights in, or to, the Application or technology used or support by the Application, other than the right to use the Application in accordance with the terms of this Agreement
Termination
If you breach these Terms of Use, we may cancel or suspend your use of the Application at any time by providing you a written notice to this effect.
Where we cancel your use of the Application, you agree that you shall immediately:
a) stop using the Application;
b) delete or remove the Application from any and all mobile devices;
c) destroy all copies of the Application in your possession or control;
d) provide confirmation that you have complied with this clause 4.2 and that you will not in the future breach these Terms of Use, nor will you cause, assist or induce any other person to do anything which would be a breach of these Terms of Use.
We may cease operating the Application at any time, without notice, and terminate this Agreement.
You may terminate this Agreement at any time by deleting the Application from all mobile devices on which you have installed the Application.
Material within the App
All content, including text, graphics, images, information, and diagrams (‘content’) contained in, available on, or available through, the Tummily website (tummilyapp.com), social media posts, or app (Tummily); (together ‘digital assets’) is for general information and educational purposes only. Content on the digital assets is not intended to be used for or as a substitute for professional medical advice, diagnosis or treatment.
Always seek the advice of your doctor or other qualified healthcare providers with any questions you may have regarding symptoms, medical condition(s), treatment and before undertaking a new healthcare regimen or making changes to your diet, eating or physical exercise habits/plans.
Although the information on the digital assets is carefully reviewed, Outcomes Nutrition Pty Ltd, the developers, and any contributors do not accept any responsibility or liability in respect of the information or any person who uses the content provided on the digital assets or incorporated into them by reference. The content on the digital assets is provided without any warranties or representations, whether express or implied, as to the suitability of the content for your personal circumstances. The content is provided on the basis that all persons accessing the digital assets accept responsibility for assessing the relevance and accuracy of the content. It is always recommended that you discuss your personal situation with your healthcare provider. If you or another individual may be suffering from any medical condition you should seek medical attention immediately. You should never delay seeking medical advice or stop medical treatment due to the information provided on Tummily’s digital assets.
By using the Tummily digital health platform you agree that you have read, understood, and accepted the medical disclaimer.
Exclusion of warranties, liability, etc.
All content and services on or available through the Application are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion.
To the maximum extent permitted by law, we exclude, and do not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:
a) any material and/or information in the Application;
b) the performance and availability of the Application; and
c) the loss, damage, corruption or degradation of any data or other material as a result of the use of the
You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against Outcomes Nutrition Pty Ltd, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the Application including but not limited to downloading any information and materials in or from the Application.
You release and indemnify Outcomes Nutrition, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (“those indemnified”) from and against:
a) any loss or damage or liability for any loss or damage incurred by you; and
b) any loss, liability, claim, demand, damage or expense (including legal fees) made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:
your use of the Application or any linked website, including by making or carrying out any commitments;
your use of or reliance on information contained in or accessed through the Application; or
breach by you of the Terms of Use.
The exclusion of liability applied to these Terms of Use as set out in this clause applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if we have been notified of the possibility of such loss or damage.
You agree that any legal liability on our part will be reduced by the extent, if any, to which you contributed to the loss.
These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
General
These Terms of Use shall be governed by and construed according to the laws in force in the State of New South Wales, Australia.
This agreement constitutes the entire agreement between you and us relating to the Application and supersedes all prior agreements between us in relation to the Application.
The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.
Any provision of these Terms of Use which is found by a court of law to be invalid or unenforceable must, without invalidating or affecting the enforceability of the remaining provisions, be read down or severed to the extent of the invalidity or unenforceability.
No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.
For any questions and notices, please contact us at:
Outcomes Nutrition Pty Ltd
Email: hello@tummilyapp.com
We’ll sent you an email to confirm your spot on the waitlist — make sure to click ‘confirm’ when it arrives. If you can’t find it, don’t forget to check your junk or spam folder.