Terms and Conditions of My Quit Buddy mobile app

Material provided for education and research information only.

The Material on this Service is presented by the Department for the purpose of disseminating health information free of charge for the benefit of the public.

While the Commonwealth has exercised due care in ensuring the accuracy of the Material contained on this Service, it is made available on the basis that the Department is not providing medical or professional advice on a particular matter.

This Service is not a substitute for independent professional advice. None of the Material in this Service is intended to be used as medical advice. The Material is not intended to be used to diagnose, treat, cure or prevent any disease, nor should it be used for therapeutic purposes or as a substitute for your own health professional's advice. Please consult your health practitioner before making any changes to your diet, eating or exercise habits.

The Department does not accept any liability for any injury, death, loss or damage incurred by use of or reliance on the Material provided on this Service.

This Service is available to Devices running Apple iOS and Android OS Operating Systems. The Department will use reasonable efforts to make the Service available at all times and to as many platforms as possible. However you acknowledge the Service is provided over the internet and mobile networks and so the quality and availability of the Service may be affected by factors outside the Department’s control.

The Department, its employees, agents, subcontractors, directors and other related bodies do not accept any responsibility whatsoever for unavailability of the Service, or any difficulty or inability to download, upload, or access content or any other communication system failure which may result in the Service being unavailable.

In order to use the Service you are required to have a compatible mobile telephone or other handled Device, internet access, and the necessary minimum specifications.

The Material on this Service is provided for general information only. This Material has been compiled from information obtained from sources within the Department, other Commonwealth, State and Territory agencies and from external sources and is subject to change without notice.

The Department has used its best endeavours to ensure that the Material is correct and current at the time of publication but makes no warranty, express or implied that the Material is accurate, authentic or complete or of merchantable quality or fit for a particular purpose, and takes no responsibility for any error, omission or defect in the Material.

The Material must not be relied on as a statement of government policy or as professional advice on any particular matter. You are responsible for making your own assessment of the Material and should verify all relevant representations, statements and information with your own professional advisers.

The Material may include the views or recommendations of third parties and does not necessarily reflect the views of the Australian Government or indicate a commitment to a particular decision, policy or course of action.

The internet is not a secure medium and communications to and from the Service may be intercepted or altered in transit. The Department does not warrant or represent that this Service is free from anything which may damage any Device used to access this Service, or that the Service is free from defects, works in a particular way or will not be subject to interruption or delay.

To the extent permitted by law, the Department and its employees and agents are excluded from liability (including liability by reason of negligence) for any loss, damage, cost or expense, whether direct, indirect, consequential or specific caused by use or reliance on this Service.

You must view this Service in the format in which it is provided. The Department is not responsible for the display of information from this Service in any other format.

This Service may provide links to external services for your convenience only. The Department does not control and cannot be liable for these services. The Department does not endorse any external service or any associated organisation, product or service and does not warrant that material on any external service is accurate, authentic or complete.

Your use of any external service is governed by the terms of that service. The provision of a link to an external service does not authorise you to reproduce, adapt, modify, communicate or in any way deal with the material on that service.

The inclusion of any mail address, email address, Facebook page, Twitter account or other contact mechanism on this Service is not consent by the Department to receiving unsolicited commercial electronic messages or SPAM.

The Department makes available to you the provision to download particular documents, software and other materials under the conditions set out below. If you do not agree with these conditions, you should not download the material.

Downloadable material on this Service is provided on the basis that you will conduct such virus scanning and other checks as may be necessary to ensure that the material will not corrupt in any way your data, software systems, Device or those of any other person or third party service provider.

You acknowledge and agree that the Department will not be under any liability to you for any loss or damage including consequential loss or damage however caused, whether by negligence or otherwise, that arises in any way from the use of the downloaded material and any third party service provider material.

If you provide the downloaded material to another party, then you must bring to the attention of that other party these conditions and only provide the downloaded material on the same conditions as those on which the original downloaded material was provided to you by the Department.

Unless stated otherwise, Copyright for this website, application or service (the Service) (including text, graphics, logos, icons, images, music and audio clips, video clips, software, data compilations and any other form of information or content and design elements) is owned by the Commonwealth or used by the Commonwealth under licence from a third party. Your use of the Service is by way of a non-exclusive licence and in no way transfers or assigns ownership in any intellectual property rights (including copyright) to you.

You may make limited copies of the content contained within this Service in accordance with the Copyright Act 1968, including copies for research, study, criticism, review or news reporting. You may not reproduce, adapt, modify, communicate to the public, reproduce or otherwise use any part of this Service (in particular for commercial purposes) without written permission from the Department.

Please address enquiries and requests for permission regarding this mobile app to the attention of the Health Marketing Unit, Department of Health.

Post:
Health Marketing Unit
Department of Health
GPO Box 9848
Canberra ACT 2601

Email:
quitnow@health.gov.au

The Department values the privacy of every individual's personal information and is committed to protecting your privacy when using this Service in accordance with the Privacy Act 1998, including the Australian Privacy Principles (APPs) and, for web sites and web- enabled applications and services, the Office of the Australian Information Commissioner’s Guidelines for Federal and ACT Government Websites.

These guidelines set out the requirements for transparent collection, appropriate and ethical use and secure storage of personal information. The Department’s aim is to provide an environment which will ensure the information you provide to us is handled in a secure, efficient and confidential manner.

The Department has an APP privacy policy which you can read at http://www.health.gov.au/internet/main/publishing.nsf/Content/privacy_security.htm. You can obtain a copy of the APP privacy policy by contacting the Department using the contact details set out above. The APP privacy policy contains information about how you may:

access the personal information the Department holds about you and how you can seek correction of it; and

complain about a breach of the APPs.

The personal information the Department collect via this Service includes:

1. the content of any electronic forms you submit via this Service, requesting us to provide services or information, or take actions;

2. information submitted if you participate in a survey (for example, smoking preferences, age range, quit date and time, dollar amount spent on cigarettes and postcode);

3. any message, words, phots or any other material you post on the Community Page (refer to the Community Page Use Policy); and

4. any messages you submit to us via this Service or to mailing addresses, email addresses, Facebook pages, Twitter accounts or other contact mechanisms displayed on this Service, which may include personal information such as name, email address and telephone number.

If you do not provide some or all of your personal information, the Department may not be able to provide the full range of services available through this Service.

When you provide the Department with personal information about other individuals, the Department relies on you to make them aware:

1. that such information will or may be provided to the Department;

2. of the types of third parties the Department may provide it to;

3. of the relevant purposes that the Department and such third parties will use it for; and

4. how they may access it.

Your information can be shared at your discretion through an info-graphic tile that displays your quitting progress (days without smoking, number of cigarettes not smoked and estimated amount of money saved from not smoking). You can choose to upload the info-graphic tile that displays your quitting progress via email, Facebook, Twitter and is available for you to share on other available social media.

In addition to providing the Service to you and carrying out your requests, the Department may use or disclose personal information that the Department collects about you for purposes including the following:

1. for the purpose that the Department has collected the information;

2. purposes related to the Department’s research, planning, service development, security and testing;

3. purposes connected with the operation, administration, development or enhancement of the Service;

4. where the Department suspect that fraud or unlawful activity has been, is being or may be engaged in; and

5. any other purposes required or authorised by or under law.

The Department may share personal information within the Department and with third parties. The types of third parties to whom the Department may disclose that personal information includes service providers who assist the Department in providing this Service or the Department’s other products and services, such as providing archival, auditing, professional advisory, banking, mailhouse, delivery, recruitment, call centre, technology, research, utility and security services. The Department may also disclose your personal information to third parties acting on your behalf such as your solicitor or interpreter.

If you have made an online application, your application will be forwarded to the appropriate Department business unit or agency and any other third parties to whom your application relates or who assist in processing your application.

The Department only records your email address if you send us a message by email or mobile device, if you register to use one of the Department’s online or mobile services or if you register requesting notifications by email. If you do not want your email address to be recorded by the Department, you can send a postal mail or facsimile to the address below. Your email address will only be used for the purpose for which you have provided it, and will not be added to any mailing lists without your prior consent by way of a specific request in writing. To remove your email from any mailing lists and to stop receiving any notifications via email from the Department’s online or mobile services, you must send a request to unsubscribe from future communications via email or postal mail to the address below.

The Department will not use or disclose your email address for any other purpose without your prior written consent.

Should this mobile app allow links to social media, the Department only records your Facebook, Twitter, or other social media account name (your Account Name) if you send us a message via the appropriate service, including via mobile device, if you use the account to register to use one of the Department’s online or mobile services, or if you register, fan or follow a Department account. If you do not want your Account Name to be recorded by the Department, you can unfollow or unfan the Department or send postal mail to the address below. Your Account Name will only be used for the purpose for which you have provided it, or for the purposes specified in Use of your personal information above. Your Account Name will not be added to any of the Department’s or external contact lists without your specific consent.

The Department will not use or disclose your Account Name for any other purpose without your prior written consent.

The Department uses both Session and Persistent 'Cookies' to recognise users as they travel through a website, application or service session. A cookie is a small file supplied by the Department, and stored by your web browser or application software on your computer or mobile device when you access the Service. Cookies do not record any personal or secure information about you and do not identify you personally. (An explanation of cookies can be found at the Office of the Australian Information Commissioner’s site).

Session cookies

All session cookies are deleted when you end your current internet session or shut down your computer or mobile device.

The Department uses session cookies to allow us to track your movement between pages in its Services. This allows the Department to remember any information you have provided to the Service such that you do not have to enter it more than once and to customise any information and functionality presented to you to your specific needs.

For example, the Department may record when you have registered for a Service so that you remain logged in when moving between pages, or the choices you make in an online form in order to present a customised outcome.

This information is only used to help you use the Service more efficiently, not to track your movements across the internet, or to record private information about you.

Persistent cookies

Persistent cookies are retained on your computer or mobile device between usage sessions and are deleted after a date, set within the cookie, expires.

The Department may use persistent cookies to remember information provided to a Service such that if you leave and then return the Service can be customised to present information or functionality specific to your needs.

For example, the Department may retain any preferences you have set such that you do not need to set them each time you visit the Service, such as adjusting the text size, language or the content that appears on pages.

This information is only used to help you use the Service more efficiently, not to track your movements across the internet, or to record private information about you.

Third party cookies

Third party cookies refers to cookies placed on your computer or mobile device by a party external to the Department when you visit one of the Department’s websites, applications or other services.

The Department only allows third party cookies from third party services providing reporting or other functionality that supports or improves your use of the Service. For information on which third party cookies are used in this Service, review the Third party services section below.

Use of cookies

No attempt will be made by the Department to personally identify users or their browsing activities unless legally compelled to do so, such as in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the Internet Service Provider's log files.

While you can visit and browse this Service without accepting cookies, the Department may not be able to provide the full range of services available through this Service.

The Department makes a record of visits to its Services and logs the following information for statistical purposes:

1. the user's server address;

2. the user's top level domain name (for example .com, .gov, .au, .uk, etc);

3. the date and time of access to the site;

4. pages accessed and documents downloaded; and

5. the previous site visited.

The Department may also collect de-identified individual data and analytics that includes audience reach, demographics, interest (including other services downloaded), geography, usage (including engagement with the Service’s functionality) and user retention.

Statistical data collected in accordance with these Terms and Conditions is collected for the following purposes:

1. Service and system administration, including monitoring to prevent security breaches;

2. enhancement of the Service to the user’s needs; and

3. research, analysis, development and reporting.

This Service may make use of third party services to extend its functionality or capability.

The Department is likely to disclose your personal information to overseas recipients. The countries in which those recipients are located include the United States.

To the extent permitted by law, you agree that the Department and its employees and agents are excluded from liability (including liability by reason of negligence) for any loss, damage, cost or expense, whether direct, indirect, consequential or specific caused by use or reliance on the third party services used to extend the functionality or capability of this Service.

Due to the ongoing improvement and adjustment of this Service, the list of third party services used may not be completely accurate or up to date. The Department endeavours to update this list at regular intervals, however accepts no responsibility for the omission of any third party service from the list.

The specific third party services used in this Service may include:

CampaignMonitor

This Service may use CampaignMonitor to aggregate email and contact information that is used to provide additional information to you via email newsletter. This information is collected within a form on an opt-in basis and is used by the Department to provide information you have specifically requested. The information collected in these surveys is transmitted and stored securely in the United States and is accessed by The Department of Health in accordance with this Privacy policy. You may refuse to provide your details by not subscribing to these email lists.

Flurry Analytics

This Service may use Flurry Analytics. Flurry Analytics may collect information on applications and may provide data and analytics that measure audience reach, demographics, interest, geography, usage, app engagement, retention, and interactions within the app.  Flurry Analytics provides for data collection for iOS, Android, Windows Phone, HTML5/Hybrid Apps/MobileWeb, BlackBerry and JavaME services. The service is not monetised.

Google Analytics

This Service may use Google Analytics to collect information about visitors. Google Analytics uses cookies and JavaScript code to help analyse how users use the website. It anonymously tracks how visitors interact with this Service, including where they came from, what they did on the site including such things as newsletter registration. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of compiling reports on activity and providing other services relating to activity and usage. You may refuse the use of cookies by selecting the appropriate settings in your browser software.

Google Maps

This Service may use the Google Maps Application Programming Interface (API) to embed Google Maps. Google Maps uses first-party cookies and JavaScript code to help analyse how users use the Service. It anonymously tracks how visitors interact with the Service, including where they came from, what they did with the Service and, in the case of mobile applications or services, your geographic location (using GPS signals sent by a mobile device). The information generated by the cookie about your use of the Service (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of compiling reports on activity and providing other services relating to activity and usage. You may refuse the use of cookies or GPS by selecting the appropriate settings on your browser or mobile device.

ShareThis

This Service may use ShareThis to provide convenient functionality for users to share pages and material on this Service with others via a social network or electronic sharing system of their choice. ShareThis may anonymously track the use of their share function, transmit this information to ShareThis servers in the United States or other countries and use this information for the ongoing development and improvement of their service. You may refuse the use of ShareThis by not using the ShareThis share function, instead manually copying and pasting page addresses or specific material from this Service into an electronic sharing system or social network of your choice, subject to this Service’s Copyright statement.

SlideShare

This Service may use Slideshare for the embedded display of presentation material on this Service. The information collected about your use of the SlideShare service embedded in this Service will be transmitted to and stored by SlideShare on servers in the United States. SlideShare will use this information for the purpose of compiling reports on presentation viewing activity, made available to The Department of Health for development and improvement purposes. You may refuse to provide this information by not viewing presentations presented via SlideShare’s service.

SurveyMonkey

This Service may use SurveyMonkey for the collection, aggregation and analysis of survey or consultation data. The information collected in these surveys is transmitted and stored securely in the United States and is accessed by The Department of Health in accordance with this Privacy policy. You may refuse to provide this information by refusing to respond to these surveys.

Translation services

This Service may use online translation services (Google Translate, Yahoo Babelfish and Microsoft Translator) as a service to users. These services provide their own terms of use/ service and it is the responsibility of the user to ensure that they are satisfied with these. The Department does not warrant the accuracy, authenticity or completeness of any information translated via this service and does not control, nor does it accept liability for any loss suffered due to reliance on this translation service. It would be advisable to obtain independent professional advice in relation to any information translated using an external website translator service.

YouTube

This Service may use YouTube, owned by Google, for the embedded display of video material and captions within this Service. The information collected about your use of the YouTube video service embedded in this Service will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of compiling reports on video activity, made available to the Department for development and improvement purposes. You may refuse to provide this information by not viewing videos presented via YouTube’s service.

The Department has implemented technology and security policies, rules and measures to protect the personal information that the Department has under its control.

However, you should be aware that the internet is an insecure public network that gives rise to a potential risk that a user's transactions are being viewed, intercepted or modified by third parties or that files which the user downloads may contain computer viruses or other defects.

So while the Department strives to protect such information, the Department cannot ensure or warrant the security of any information transmitted to the Department online and individuals do so at their own risk. Once any personal information comes into the Department’s possession, the Department will take reasonable steps to protect that information from misuse, interference and loss and from unauthorised access, modification and disclosure. If you are concerned about conveying sensitive material to the Department over the internet, you might prefer to contact the Department by telephone or mail (see Contact details below). The Department will remove personal information from its system where it is no longer required (except where archiving is required).

If you make an online application or another payment transaction using one of the Department’s Services, the Department takes additional steps to protect the security of your personal information, such as the use of 128-bit SSL encryption. Before using one of the Department’s online transactional services, you should ensure that you are using a web browser that supports 128-bit encryption. In many web browsers, you can confirm that your session is encrypted by the appearance of a locked padlock symbol at the foot of the browser.

If you have any queries, concerns or require further information relating to privacy, security or regarding access or correction to your personal information collected by this Service, please contact the Department by telephone on (02) 6289 1555 or freecall 1800 020 103, email the Department at quitnow@health.gov.au, or write to:

Post:

Health Marketing Unit
Department of Health
GPO Box 9848
Canberra ACT 2601

Email:

quitnow@health.gov.au

The Community Page is operated by the Commonwealth of Australia as represented by the Department. The Department welcomes comments on this Community Page. By making comments on the Community Page, you:

• give permission for your comments to be posted on the site (see Privacy Statement) and affirm that your comments represent your own work and do not infringe on the copyright of any other individual or organisation;

• acknowledge that your comments will be subject to moderation by the Department moderators before publication and therefore the publication of comments will not be immediate;

• acknowledge that the Department moderators may interact with this forum by responding to comments or introducing conversation topics;

• acknowledge that your comments may be edited for any typographical, grammatical or spelling errors;

• acknowledge and give permission for your comments to be used, without personal identification, by the Department for any purpose;

• acknowledge that comments, which contain images, audio or video will not be published, irrespective of content;

• acknowledge all material on this site is subject to copyright.

When contributing your views to this Community Page, you will ensure that you:

• protect your personal privacy and that of others by not including personal information about yourself or others in your comments (such as names, email addresses, private addresses or phone numbers);

• post material to the forum that is relevant to the issues being consulted on;

• represent your own views and do not impersonate or falsely represent any other person;

• do not abuse, harass or threaten others;

• do not make defamatory or libellous comments;

• do not use insulting, provocative or hateful language;

• do not use obscene or offensive language;

• do not post material to the forum that infringes the intellectual property rights of others;

• do not post multiple versions of the same view to the forum;

• do not promote commercial interests in your posts to the forum;

• do not include internet addresses, videos, images or any email addresses, in your contribution;

• do not post comments promoting personal professional interests;

• do not post overtly party political comment (eg. reference to candidates, fundraisers, support for political parties); and

• do not incite, encourage or make reference to conduct that may constitute a criminal or civil offence or otherwise violate Australian law

If the Department becomes aware of a published comment that does not comply with this Use Policy, the Department reserves the right to remove the comment.

The Department is not responsible, liable for and does not endorse the privacy practices of any linked websites. Your use of any linked websites is at your own risk.

The Department records all information posted to the Service and uses that information for the purpose of administering this Page, for record keeping and for considering and/or addressing any comments made. No attempt will be made to further identify Page fans except where requested and authorised by law.

Visit the The National Tobacco Campaign website for the Department’s full privacy statement http://www.australia.gov.au/quitnow

If you have any queries, concerns or require further information relating to privacy and the Department, please email quitnow@health.gov.au.

Views expressed on this Page by anyone other than the Department are not the views of the Australian Government and the Department disclaims all liability for any such views, comments, advertising or other non-Government content.

The Department does not endorse or control any advertising that may be displayed by another linked website on this Page.

The Department reserves the right to remove comments at its sole discretion based on the Use Policy.

The Department strives to review the content of this page on a regular basis. However, there may be times when offensive comments (that do not meet the Use Policy) appear on the page before they can be removed.

The information on this Page is current at the time of publication.

Visit The National Tobacco Campaign website for the Department’s full disclaimer.