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Te Whatu Ora Hauora a Toi Bay of Plenty LifeCurveTM
Website Terms and Conditions

The following terms and conditions ("the Terms and Conditions") apply to your use of the Te Whatu Ora Hauora a Toi Bay of Plenty LifeCurveTM website and to any other correspondence that you may post to the Website or send via email in response to a request for information on the Site.

If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ADL Smartcare Limited's relationship with you in relation to this Website. If you disagree with any part of these terms and conditions, please do not use our Website.

The use of this website is subject to the following terms of use:


Definitions
  1. The term “ADL Smartcare Limited” or “Us” or “We” refers to the owner of the website whose registered office is ADL Smartcare Limited, Electric Works, Sheffield Digital Campus, Sheffield, S1 2BJ, United Kingdom. Our company is registered in England and Wales, and registration no. 04456225.
  2. The term “You” refers to the user or viewer of Our website.
  3. The “Website” or “the site” refers to https://lifecurve.co.nz and the pages presented within.
Use of Website
  1. The content of the pages of this Website is for Your general information and personal use only. You have to be aged 16 years or older to use this service. It is subject to change without notice.
  2. This Website uses cookies to monitor browsing preferences. If You do allow cookies to be used, the following information may be stored by us for use by third parties:
    • Your location, how You got onto the Website and what You click on whilst using the Website are all stored by Google Analytics. We use this information to make sure that Our Website is meeting the needs of every visitor and to help us make improvements. We do not allow Google to share or use this analytics data.
  3. You can learn about the cookies we use by viewing our Cookie Policy..
  4. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
  5. You may print and download material from this Website provided that You do not modify or reproduce any content without Our prior written consent.
Protection of Data
  1. ADL Smartcare Limited takes the security of your information seriously. We will process all personal data transmitted to the Site in accordance with the General Data Protection Regulation and in line with our Privacy Policy which is compliant with the UK Data Protection Act 2018 and New Zealand Privacy Act 2020.
  2. Please note that the Privacy Policy will not cover any third-party websites to which we may provide links within the website.
  3. To contact our NZ Privacy Officer regarding the processing of your personal data, please email privacy-nz@adlsmartcare.com
  4. Please review of full Privacy Policy for more information.
Ownership of Intellectual Property
  1. The copyright of the Site in its text, designs, graphics, arrangement and compilation of data belongs to ADL Smartcare Limited and/or Our holding company or companies, subsidiaries, third party providers and distributors.
  2. The Site is protected by the New Zealand Copyright Act 1994, International Copyright treaties, Pending Patents and the European Database Directive.
  3. The trade marks, logos and service marks displayed on the Site (collectively, the "Trade Marks") include registered or unregistered trademarks belonging to ADL Smartcare Limited, Our affiliates, and various third parties. All trade marks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website.
  4. Nothing contained on The Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trade marks without the written permission of the owner of the trade marks.
  5. Neither the Site, nor any part of it may be reproduced, adapted, stored in a data storage or retrieval system or transmitted in any form or by any means without Our prior written permission, except as expressly permitted by law.
  6. You are not permitted to:
    • alter or modify the documents or graphics, designs, arrangement and compilation of data;
    • delete text from graphics;
    • use any logos or Trade Marks belonging to ADL Smartcare Ltd and/or Our holding company or companies, subsidiaries, third party providers and distributors.
    • any information which is marked as belonging to a third party owner, may not be copied without the permission of the owner of the copyright.
  7. If You transmit or post any information on the Site, it will be considered non-confidential and non-proprietary (with the exception of personal data) and may be used freely by ADL Smartcare Limited for all commercial and non-commercial purposes.
Social Media Platforms
  1. Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
  2. Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
  3. This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Links to and from Other Websites
  1. From time to time this Website may also include links to other Websites. These links are provided for Your convenience to provide further information. They do not signify that We endorse the Website(s). We have no responsibility for the content of the linked Website(s).
Site Uptime
  1. All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly We will not be liable if this Website is unavailable at any time.
  2. ADL Smartcare Limited reserves the right to temporarily suspend the Site in the event of maintenance, repair or for any other reason, where it is considered necessary by us.
  3. Where possible We always try to give advance warning of maintenance issues that may result in Website down time but We shall not be obliged to provide such notice.
Disclaimer
  1. Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  2. Your use of any information or materials on this Website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this Website meet Your specific requirements.
  3. You are solely responsible for paying all expenses you may incur when you access or use ADL Smartcare Limited services or access or download ADL Smartcare Limited content including your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use ADL Smartcare Limited services. ADL Smartcare Limited is not responsible if your equipment or software is not compatible with any ADL Smartcare Limited service.
Exclusion of Liability
  1. ADL Smartcare Limited and any other party involved in creating, producing, maintaining or delivering the Site, exclude all liability and responsibility for any loss or damage that may result to You or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, contract or otherwise) which arises out of or is in any way connected with:
    • any use of the Site or content found herein,
    • any failure or delay (including, but not limited to the use of or inability to use any component of the Site for advice or service booking), or
    • the performance or non-performance by Us or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party.
  2. If, notwithstanding the foregoing, We should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Site or its content, Our liability shall in no event exceed, in the aggregate the cost incurred of the advice, product or service.
  3. ADL Smartcare Limited also excludes liability for the use or inability to use the Website or any materials on it, or any websites linked to the Website
  4. Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of New Zealand.
Law and Jurisdiction
  1. These terms of use are governed by and construed in accordance with New Zealand Law. Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of New Zealand.
General
  1. The Terms and Conditions may be varied by ADL Smartcare limited only.
  2. You may not assign or transfer any rights or obligations under the Terms and Conditions. We may assign or transfer any rights or obligations to any third party.
  3. Headings are inserted for Your convenience and shall not affect the interpretation of the Terms and Conditions.
  4. If any part of the Terms and Conditions are found to be invalid, unenforceable or illegal, the other provisions shall remain in force.
  5. The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms and Conditions.
  6. Reference to any statute or statutory provisions includes a reference to the statute or statutory provision as from time to time amended, extended or re-enacted.
  7. The Terms and Conditions are governed by and construed in accordance with English law.
  8. ADL Smartcare Limited is a private limited company registered in England No 04456225.
  9. Any action You bring against Us pertaining to or in connection with this web site must be commenced and notified to Us in writing within one (1) year after the date the cause for action arose.

Privacy Policy

Overview

Since 2002, ADL Smartcare has helped people access specific information and advice to improve their independence and live life better, for longer. We have always taken the responsibility of looking after personal data very seriously and this Privacy Policy explains what personal information we collect and process.


The collection of personal data is covered by the New Zealand Privacy Act 2020 and UK General Data Protection Regulation (GDPR), which sets out clear rules for organisations holding personal information and the rights of individuals whose personal information is held by them. We have developed our systems and processes to ensure that we comply or exceed these standards and obligations.


Privacy Policy Summary

This service provides you with a single sign on to one or more of ADL Smartcare's services, using the same account. We only require your name, email address or phone number, ethnicity, post code and age range. ADL Smartcare is the data controller for this service (as defined in the GDPR)


This service is integrated into the LifeCurveTM to help you live better for longer. It uses independent professional best practice advice collected since 2002 from Allied Health Professionals and Occupational Therapists, to find specific advice based on your answers to one or more questions for an area of need such as struggling to bathe.


The LifeCurveTM is an evidence-based measurement framework developed in conjunction with Newcastle University, UK for understanding ageing. Research has shown that people lose the ability to complete activities of daily living (ADLs) in a particular order. By using these 15 ADLs, combined with 4 fitness and strength markers, a person can position themselves on the LifeCurveTM to see how they are ageing.


Once we know where a person is on their ageing journey, we can map them to activities, services and products that will help them either maintain, or even recover, their current abilities. The LifeCurveTM and the evidence behind the service continues to develop through the anonymised LifeCurves taking place across the world. Together we can help future generations and their ageing.


ADL Smartcare as the Data Controller for this service (as defined in the GDPR) which has been commissioned by Te Whatu Ora / Hauora a Toi Bay of Plenty and authorised license holders from Te Whatu Ora / Hauora a Toi Bay of Plenty can access your personally identifiable activity in their segregated and secure Staff Access Website. Te Whatu Ora / Hauora a Toi Bay of Plenty license holders will only use the information they have access to in order to support your health and well-being and monitor your interaction's with the LifeCurveTM.


ADL Smartcare Limited has invested in providing and storing data collected through these services on New Zealand compliant infrastructure, based in Australia.


Please note that Te Whatu Ora / Hauora a Toi Bay of Plenty is committed to Te Tiriti o Waitangi. Te Whatu Ora / Hauora a Toi Bay of Plenty Position Statement on Te Tiriti o Waitangi, Equity and Racism can be found here: https://www.bopdhb.health.nz/media/admjqagh/te-tiriti-o-waitangi-health-equity-and-racism.pdf


Full Privacy Policy

What types of information do we collect?

Special Category Data

The LifeCurveTM collects and stores your LifeCurveTM position, past LifeCurveTM positions and also any interaction you have with the tasks.

To use this service and store your data against your account, you expressly give your consent for the processing of your personal and special category data

Personal Information Legal Basis – Explicit Consent

When you register for this service, you give your explicit consent for us to process your data to provide information and advice services. You can remove this consent by sending a request through our dedicated NZ Privacy Request form or closing your account.

Support Healthy Ageing across New Zealand with the New Zealand National LifeCurveTM Research Partnership

Support the NZ National LifeCurveTM Research Partnership

Our users are proud to support the New Zealand (NZ) National LifeCurveTM Research Partnership's research into improving ageing across New Zealand. We are committed to ensuring future research aims to support health equity. You can opt in to the NZ National LifeCurveTM Research Partnership's healthy ageing research during registration, where your anonymised data is collected as part of this service to support and improve ageing for current and future generations.

The New Zealand National LifeCurveTM Research Partnership will improve the evidence and learning on healthy ageing, living better for longer and impacting the lives of everyday people. Together we can impact long-term ageing and support healthy ageing across New Zealand

The Te Whatu Ora / Hauora a Toi Bay of Plenty Clinical School, ADL Smartcare Limited and the University of Auckland will be part of this partnership and have access to your anonymised data.

All of the data will be anonymised, so it will not be possible to provide you with an individual response from any results from future research, or to have future access to this information and request corrections to mistakes. However, general information based on healthy ageing research can be provided.

New Zealand National Research Partnership for LifeCurveTM operations

The information we collect, including your personal information, will be stored within New Zealand compliant infrastructure in Australia, as agreed with the Ministry of Health, New Zealand.

The anonymised data will be stored in a databank in Australia. The databank is operated by ADL Smartcare Limited and has extensive measures to protect your data and keep it safe. We use a combination of technical, physical and operational measures to maintain security of your data, including encryption.

The anonymised data in the databank will be stored for as long as we consider it is appropriate for understanding ageing across ethnicity groups and across generations. The NZ National LifeCurveTM Research Partnership will review the data retention considerations as part of the annual Information Governance review.

The NZ National LifeCurveTM Research Partnership will agree one or more research projects which will follow strict research protocols, including review by an ethics committee as well as Māori review. These projects will then nominate one or more researchers to have access to the NZ National LifeCurveTM Research Partnership data. They will then have secure and limited access to the anonymised data.

Any use of Māori specific collective data will be transparent and only used for the benefit of Māori.

If you have any questions about the NZ National LifeCurveTM Research Partnership you may contact the NZ Privacy Officer at ADL Smartcare Limited.

The NZ Privacy Officer for ADL Smartcare can be contacted at privacy-nz@adlsmartcare.com

The NZ Privacy Officer for the Te Whatu Ora / Hauora a Toi Bay of Plenty can be contacted at:

The Privacy Officer
Te Whatu Ora / Hauora a Toi Bay of Plenty
Private Bag 12024
Tauranga 3143
privacy@bopdhb.govt.nz

The anonymised data we process

This research may include basic information such as your LifeCurveTM level, ethnicity, age and gender. It is possible that future research could one day help people in the same groups as you. Research protocols and a review by an ethics committee as well as Māori review will help manage potential risks on how the anonymised data is used. However, it is also possible that research findings could be used inappropriately to support negative stereotypes, stigmatize, or discriminate against members of the same groups as you.

The NZ National LifeCurveTM Research Partnership would like to thank you for helping current and future generations to live happier and healthier lives and you can be confident that you are never identified.

Personal Information Legal Basis – Explicit Consent

During registration you have the option to provide consent for the NZ National LifeCurveTM Research Partnership to use your non-identifiable LifeCurve data to support future research, aimed at improving ageing. Te Whatu Ora / Hauora a Toi Bay of Plenty Clinical School, ADL Smartcare Limited and the University of Auckland will be part of this partnership. The anonymised data will be used for unspecified future research into healthy ageing with aims that can include improving the wellbeing, ageing and health outcomes of individuals and Māori. No identifiable data will be used.

You can opt out at any time by accessing your account within the service.

Personal Information

To register for this service, you are required to create an account, which is a single sign on service for all of ADL Smartcare services e.g. you can log into the LifeCurveTM App and an ADL Smartcare Healthy Ageing website with the same account. To register we require your given name(s), family name, post code, age, gender and ethnicity, country and an email address or phone number.

Following a LifeCurveTM assessment, your current ageing position on the evidence based LifeCurveTM will be saved and your answers to the 19 questions, such as the ability to cut your toenails will be saved.

Tasks you save to complete at a later date such as reactivation exercises and actions relating to those activities such as completing or removing a task from your saved items.

Personal Information Legal Basis – Explicit Consent

When you register for the service, you give your explicit consent to the processing listed above for providing information and advice services. You can remove this consent by sending a request through our dedicated NZ Privacy Request form or closing your account through the MyAccount area of the website.

Personal Information Legal Basis – Explicit Consent

When you register for the service, you provide consent for ADL Smartcare Limited to use your non-identifiable data for the purposes of ethical research into ageing and healthy ageing at our research base in Newcastle, United Kingdom. Identifiable data will remain within the New Zealand compliant infrastructure. Your information will be protected in the United Kingdom to the same standard as it is in New Zealand.

The resulting research will support further improvements in the LifeCurveTM framework, which is used by people around the world with aims that can include improving the wellbeing, ageing and health outcomes of individuals.

Personal Information Legal Basis – Legal Duty

We share your data with Te Whatu Ora / Hauora a Toi Bay of Plenty that we work with and we will retain your data to the extent required to comply with our legal obligations.

We employ safeguards, such as a formal data governance programme which will include Māori representation and have implemented robust security measures, to protect your privacy.

Communication and promoting a secure service

We use the information we collect to promote the safety and security of the services, our users, and other parties. For example, we may use the information to protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our policies.

Communication Legal Basis – Legitimate Interest

We send users important notices regarding the service such as any service issues or security concerns. ADL Smartcare has a legitimate interest in sending these emails to keep you up to date about any matters which may affect your experience of the service.

Analytics and navigation

We collect data about the devices and computers you use to access our services, including IP addresses, browser type, language, operating system, mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.

Analytics and navigation Legal Basis – Legitimate Interest

To enable you to have the best possible experience whilst using our services we use data about you and your use of our service to improve the services we offer and provide support. We also send you surveys about our services, which are voluntary to complete. The use of this data is necessary to ensure our interests in improving the tools and platform available to our users through better technology, user design and communications

Interaction with external social networks and platforms

When you are logged into the LifeCurveTM App you are able to share a task to a social network such as Facebook or Twitter. The app uses your mobile's in-built sharing feature and you do not need to provide any social network log in credentials.

How we use your information

We use the information we collect for the following purposes:

Maintain and provide you with an effective service

We are able to deliver the services as described in our Terms of Use contract with you. We collect information about your use of our site including details of your visits within the ADL SmartCare APP such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.

We use technology to collect information indirectly - such as your IP address and mobile device identifier and how much time you spend on the site. This is commonplace across all internet services to enable the investigation of issues such as malicious use. This information is then kept in our internet access logs.

We collect information directly from you in a number of ways. One way is by using cookies. Cookies are small data files that save and retrieve information about your visit to our website, such as how you entered our website, how you navigated through the website and what information was of interest to you. This information is collected for a number of reasons, for example, to help develop the website and associated services.

The cookies we use identify you as a number. If you are not comfortable about the use of cookies, you can disable them by changing the settings in the preferences or options menu in your internet browser. Disabling cookies, however, may affect our ability to provide services to you. If certain cookies are disabled you may not be able to access the service. See our Cookie Policy for more information on the cookies we use. Site features include storing whether to show or hide the accessibility bar.

Data is collected when you perform an assessment through the website. This is collected in order to provide healthcare related guidance and matching to advice, equipment, information and/or services. It can include, your Instrumental Activities of Daily Living capabilities, your record of performing the recommended activities and any answers to questions to support the matching of solutions to your needs for a given area of interest such as struggling to get up and down from the bottom of the bath.

Ensuring the best possible experience for the service we use data about you and your use of our service and the LifeCurveTM, to improve and develop a better solution; to improve how you get to the advice faster; to drive our research and development; and to better understand our users and how they are ageing. We also send you surveys about our services, which are voluntary to complete. The use of this data is necessary to ensure our interests in improving the tools, LifeCurveTM and platform available to our users through better technology, user design and communications.

We never use your identifiable personal data to support the ethical research into ageing and improving healthy ageing for others. However, we do use your anonymised data for this purpose.

Communicate with you

We use your information when we need to send you service notifications and respond to you when you contact us. We also use your information to promote new features or products that we think you would be interested in. We will never user your email address for marketing purposes by third parties.

Promote security and safety

We use the information we collect to promote the safety and security of the services, our users, and other parties. For example, we may use the information to authenticate users, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.

We use cookies and similar technologies for the purposes described above. For more information, please read our Cookie Use statement.

How we share your information

We use the following service providers in the administration and delivery of the service:

ADL Smartcare Limited :

Infrastructure Provider

Reason :

Dedicated ultra-secure infrastructure for hosting the software as a service.

Data :

Data centre for the service where personally identifiable data is stored in New Zealand compliant infrastructure in Australia. (As agreed with the Ministry of Health, New Zealand)

ADL Smartcare Limited :

Google Analytics

Reason :

Website performance and usage information.

Data :

IP address and usage of the service

ADL Smartcare Limited :

SendGrid

Reason :

To send notification emails from the website

Data :

Email address

We also may disclose your information if required by law, requested by law enforcement authorities or to enforce our legal rights. We may share your information in connection with a sale or reorganisation of ADL Smartcare, but in any such case, the terms of this Policy will continue to apply.

Your rights to access and control your personal data

We recognise that your personal data belongs to you and we don't wish to use it in any way that you don't want us to.

You can exercise a number of rights regarding our use of your data from within the service such as accessing a copy of the information we have on you. This is for yourself or any profiles you created for a friend/relative. You can correct any information we have on you through the account area of the services. You can access a copy of your name and address details in a common, machine-readable format such as Comma-Separated Values (CSV) to share with another supplier.

You can exercise a number of rights regarding your data by using the NZ Privacy Request form found within the service or by contacting the NZ Privacy Officer.

  • You can make a request for us to delete your data, however we may be prevented to do this if it impacts our ability to defend a claim against the advice we provide or if it is detrimental to you or the public's health.
  • You may withdraw your consent for ADL Smartcare to collect and process data about you at any time
  • You can ask us to restrict the processing of your data.

Please note that some of these rights aren't absolute - for example, we may not be able to forget you if we have to keep some of your data to comply with the law—but we'll evaluate your request in accordance with applicable privacy laws.

The NZ Privacy Officer and ADL Smartcare will respond to your request within 20 working days of receiving it.

Also, note that you have the right to lodge a complaint with the New Zealand Office of the Privacy Commissioner, UK Information Commissioner's Office or the supervisory authority in your country of residence or place of work. You are not required to provide personal data to us however, your failure to do so may affect our ability to provide some of the services you may request. For example, we are unable to save an assessment if you do not open an ADL Smartcare account.

You can make a request to have your data removed by using the dedicated NZ Privacy Request support forms found in the account area of the service.

Data Retention

We keep your account information, like your name, email address and password for as long as your account is in existence so we can operate your account. As our services support independence and healthy ageing over the years, it is important you are able to access your historic data to support your well-being. You obviously have the option to request your account to be deleted using our NZ Privacy Request form, found in the account area. We keep your personal data in an identifiable form for as long as we have a legitimate reason to use the data and as required by law.

Information Security

We have always worked hard to put in place measures to protect your data and keep it safe. We use a combination of technical, physical and operational measures to maintain your security of data including encryption.


Breaches of your privacy

We take our privacy responsibilities seriously. In the unlikely event that a suspected or actual breach of your personal data occurs, we will investigate the breach. We will notify you and the Privacy Commissioner if we reasonably believe that the breach has caused you serious harm, or is likely to cause you serious harm.


Changes to this policy

We update this Policy from time to time, so please review this Policy regularly. Any changes to the policy will be emailed to you and/or shown when you next log into the service. By continuing to use this service after it has been updated it will be deemed that you have consented to the updated Privacy Policy. If not, you may choose to cancel your account.



ADL Smartcare Privacy policies

You can see the full list of privacy policies for our services by visiting the below links:


Who we are and how to contact us

ADL Smartcare Limited is a private company limited by shares incorporated in England and Wales Company Number: 04456225. If you have a general enquiry you can contact ADL Smartcare via info@adlsmartcare.com.

ADL Smartcare is the Data Controller of this service.


How to contact us if you have any questions about your personal information

The NZ Privacy Officer can be contacted at privacy-nz@adlsmartcare.com


Further information and help

If you have any questions then please review the privacy help area with in the service or contact the NZ Privacy Officer on privacy-nz@adlsmartcare.com