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AIA Australia Privacy

Summary

This section summarises key information in the AIA Australia Privacy Policy, which may be updated from time to time. For further information, please review the most up to date full version of the Privacy Policy on our website at www.aia.com.au, which is set out under the heading “AIA Australia Privacy Policy” below.

AIA Australia Limited is part of the AIA Group. Your privacy is important to us and AIA Australia Limited is bound by the privacy principles which apply to private sector organisations under the Privacy Act, and other laws which protect your privacy. AIA Australia Limited, AIA Financial Services Limited, AIA Group and their related bodies corporate and joint venture partners (together referred to as “AIA Australia”, “we”, “us” and “our”) provide you the following notification and information about our Privacy Policy and your rights.

Why we collect Personal Information

We collect, use and disclose personal and sensitive information ("Personal Information") for purposes set out in our Privacy Policy, including to process your applications, enquiries and requests in relation to insurance, AIA Vitality and other products, for underwriting and reinsurance purposes, to administer, assess and manage your insurance, AIA Vitality membership and other products, including claims, and to provide, manage and improve our products and services. We may not be able to do these things without your Personal Information. We may also collect, use and disclose Personal Information to understand your needs, interests and behaviour, personalise our dealings with you, to verify your identity, authority to act on behalf of a customer and Personal Information, maintain and update our records, manage our relationship with you, comply with local and foreign laws and regulatory requests, detect, manage and deal with improper conduct and commercial risks, and for reporting, research and marketing purposes. Where you agree or we are otherwise permitted by law, we may also notify you of offers and other information about products or services we think may interest you. If you do not wish to receive these direct marketing communications, you may indicate this where prompted or by contacting us as set out in our Privacy Policy.

How we collect, use and disclose Personal Information

We may collect your Personal Information from various sources including forms you submit and our records about your use of our products and services and dealings with us, including any telephone, email and online interactions. We may also collect your information from public sources, social media and from the parties described in our Privacy Policy. We are required or authorised to collect Personal Information under various laws including the Life Insurance Act, Insurance Contracts Act, Corporations Act and other laws set out in our Privacy Policy. Where you provide us with Personal Information about someone else you must have their consent to provide their Personal Information to us in the manner described in our Privacy Policy.

We may collect your Personal Information from, and exchange your Personal Information with, our related bodies corporate including without limitation, joint venture entities ("Affiliates") and third parties, including the life insured, policy owner or beneficiaries of an insurance policy, our service providers, your representatives or intermediaries (including without limitation, your financial adviser and the Australian Financial Service Licensee they represent, the distributor of your insurance policy, the trustee or administrator of your superannuation fund, your employer, unions of current and former staff members of ours (including contractors) or anyone acting on your behalf including any other representative or intermediary) (“Representatives”), your employer or bank, health providers, partners used in our activities or business initiatives, reinsurers, insurance brokers and intermediaries, distributors, regulatory and law enforcement agencies, and other parties as described in our Privacy Policy. Parties to whom we disclose Personal Information may be located in Australia, South Africa, the US, the United Kingdom, Europe, Asia and other countries including those set out in our Privacy Policy and you acknowledge that Australian Privacy Principle 8.1 (which relates to cross-border disclosures) will not apply to the disclosure, we will not be accountable for those overseas parties under the Privacy Act and you may not be able to seek redress under the Privacy Act.

Where we provide your Personal Information to a third party, the third party may collect, use and disclose your Personal Information in accordance with their own privacy policy and procedures. These may be different to those of AIA Australia.

Other important information

By providing information to us or your Representatives, the trustee or administrator of a superannuation fund, submitting or continuing with a form or claim, or otherwise interacting or continuing your relationship with us, you confirm that you agree and consent to the collection, use (including holding and storage), disclosure and handling of Personal Information in the manner described in the most up to date version of our Privacy Policy on our website and that you have been notified of the matters set out in this summary and the AIA Australia Privacy Policy before providing Personal Information to us. You agree that we may not issue a separate notice each time Personal Information is collected.

You must obtain and read the most up to date version of the AIA Australia Privacy Policy from our website at www.aia.com.au or by contacting us on 1800 333 613 to obtain a copy. You have the right to access the Personal Information we hold about you, and can request the correction of your Personal Information if it is inaccurate, incomplete or out of date. Requests for access or correction can be directed to us using the details in the ‘Contact us’ section below. Our Privacy Policy provides more detail about our collection, use (including handling and storage), disclosure of Personal Information and how you can access and correct your Personal Information, make a privacy related complaint and how we will deal with that complaint, and your opt-out rights.

For the avoidance of doubt, the Privacy Policy applicable to the management and handling of Personal Information will be the most current version published at http://www.aia.com.au/, which shall supersede and replace all previous Privacy Policies and/or Privacy Statements and privacy summaries that you may receive or access, including but not limited to those contained in or referred to in any telephone recordings and calls, websites and applications, underwriting and claim forms, Product Disclosure Statements and other insurance and disclosure statements and documentation.

Contact us

If you have any questions or concerns about your Personal Information, please contact us as set out below:

The Compliance Manager
AIA Australia Limited
PO Box 6111
St Kilda Road Central, VIC 8008
Phone 1800 333 613

AIA Australia Privacy Policy

AIA Australia Limited (ABN 79 004 837 861 AFSL 230043) is part of the AIA Group. Among the most important assets of AIA Group is the trust and confidence that is placed in AIA companies to properly handle information. Customers expect us to maintain their information accurately, protect against manipulation and errors, secure from theft, and free from unwarranted disclosure. AIA Australia Limited is bound by privacy principles (otherwise known as the Australian Privacy Principles) which apply to private sector organisations under the Privacy Act 1988 (Cth), and other laws which protect your privacy.

AIA Australia Limited, AIA Financial Services Limited, AIA Group and their related bodies corporate and joint venture partners (together referred to throughout this Privacy Policy as “AIA Australia”, “we”, “us” and “our”) provide you with information about our Privacy Policy and your rights. This Privacy Policy relates to personal and sensitive information (“Personal Information”) we handle about our customers (including potential and former customers), visitors to our Website (defined below), any other websites and social media pages, visitors and other members of the public, as well as Personal Information we collect and handle about our advisers (and the Australian Financial Service Licensee they represent). This Privacy Policy also addresses how we handle information about job applicants, staff, officers and contractors. We sometimes handle personal information relying on exemptions under privacy laws, for example in relation to related bodies corporate, employee records and publicly available information. Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.

By accessing and/or using www.aia.com.au, www.aiavitality.com.au, our staff intranet site, or any other websites, webpages, portals, social media pages or smart phone/tablet applications where this Privacy Policy is referred to or is made available or which can be accessed or linked to via a website where this Privacy Policy is referred to or is made available, as well as facilities, online applications, tools or utilities offered (collectively the Website), you are:

  • confirming that you have reviewed the latest version of the Privacy Policy on our website at http://www.aia.com.au/ before providing Personal Information to us, and consenting to the collection, use, handling and disclosure of your Personal Information as set out in our Privacy Policy as updated from time to time; and
  • agreeing to the Terms of Use.

Collection of Personal Information - general

We collect Personal Information in a range of circumstances including when you contact or transact with us, make an enquiry, obtain a quote or use or request our products or services, either directly or through your representatives or intermediaries (including without limitation, your financial adviser and the Australian Financial Service Licensee they represent, the distributor of your insurance policy, the trustee or administrator of your superannuation fund, your employer, unions of current and former staff members of ours (including contractors) or anyone acting on your behalf including any other representative or intermediary) (“Representatives”). The types of Personal Information we collect may include your name and contact details (eg address, telephone number), identifying information (eg date of birth, driver’s licence, passport, birth certificate), email address, residency, demographic and profile information (sex, age, etc), information provided by you directly or through your Representatives, the trustee or administrator of a superannuation fund, or other representative or intermediary (including but not limited to, information provided in an application, claim or other information submitted in respect of your insurance or prospective insurance), AIA Vitality membership or other product application, or business relationship with us), tax file number, transactional and financial information (including but not limited to your use of cards and other facilities, income, payment and banking information and annual household income), family and beneficiary information, insurance claims information, work, occupation and pastimes, superannuation and membership information, information contained in your social media profiles and some sensitive, lifestyle, health and medical-related information.

We also collect Personal Information about your transactions and interactions with us, including any contact we have with you (including without limitation by telephone, email or online, via our Website, publicly available sources, social media and other blogs, sites and virtual communities and networks where people create, share or exchange information). For security, investigative (including in relation to claims), dispute resolution, quality assurance, training and other purposes we may monitor and record your communications with us (including telephone, email or online) and operate camera, video and audio surveillance devices in or outside our premises. We collect Personal Information directly from you as well as from related bodies corporate including without limitation, joint venture entities (“Affiliates”), third parties including information service providers, partners, Representatives, accountants, health professionals, medical providers and hospitals, rehabilitation providers, investigators, government authorities and their agents, reinsurers, legal advisers, financial institutions you nominate, your employer, the health insurance commission, authorities and their agents, worker’s compensation insurers, authorities and their agents, the trustee or administrator of a superannuation fund, the policy owner (where you are a life insured who is not the policy owner), any other party with which we have an arrangement for the promotion and sale of products offered or distributed by us, publicly available sources, social media and other blogs, sites and virtual communities and networks where people create, share or exchange information and anyone acting on your behalf. We may take steps to verify information collected and to confirm whether information is up to date. Where you provide us with Personal Information about someone else you must have their consent to provide their Personal Information to us in accordance with this Privacy Policy.

In addition to the above, we may also collect Personal Information in specific circumstances applicable to your situation as described below.

Use and disclosure of Personal Information - general

We collect, use and disclose your Personal Information to process and respond to your instructions and requests, for our and our Affiliates’ internal purposes, to manage and administer our and our Affiliates’ and partners’ business activities, products and services, to tell you about new or existing products or services, to meet requirements imposed by law, to protect our and our Affiliates’ and partners' lawful interests, to communicate with you or respond to feedback or complaints, to manage and administer our relationship with you, to monitor and protect our brand, to correct or respond to comments or statements made in relation to us and our Affiliates or partners, for purposes relating to any actual or potential acquisition of our business, to investigate, manage and prevent actual, potential or suspected improper conduct such as fraud, verifying your authority to act on behalf of a customer, verifying your identity, training, developing and testing products, services and systems, and for statistical, research and reporting purposes. We may also collect, use and disclose your Personal Information for any other purposes where you consent or we are authorised by law and we may take steps separate to this Privacy Policy to ensure you are aware of the additional purposes.

If you are unwilling to provide us with the information we need then we may not be able to do the things described in this Privacy Policy, for example, we may not be able to provide you with insurance cover, offer you our products and services or hire you.

Where you accept our Privacy Policy or where we are otherwise permitted by law, we and our Affiliates, partners and service providers may use your Personal Information (including your telephone number, even if it is listed on the Do Not Call Register, and your email or other electronic addresses) to provide marketing communications that may be of interest to you, including about insurance and financial products and services, programs or events, health and wellness products and services and, if you are a member of AIA Vitality, products and services of our AIA Vitality partners. Communications may be provided on an ongoing basis by telephone, electronic messages (eg email and pop-ups), online (including via Website, social media and mobile apps) and other means. We may imply your consent to receive these communications from our existing business relationship or in some circumstances where you or your Representatives have provided us with your contact details (including telephone, email or other electronic address). If you do not wish to receive these direct marketing communications please indicate this where prompted (eg in an application form or by following unsubscribe instructions in the communications themselves) or by contacting us as set out below.  Please note that if you have not told us that you do not wish to receive these communications by phone, where permitted by law, you may be contacted even if you have registered your phone number on the national Do Not Call Register.

We may exchange your Personal Information with:

  • our Affiliates and/or intermediaries;
  • partners (including but not limited to partners used in co-branded activities or business initiatives and entities with which AIA Australia has partnered in relation to the AIA Vitality program);
  • accountants and financial institutions you nominate;
  • reinsurers, where we reinsure any insurance cover we provide or offer or propose to provide to you;
  • any employee, agent, contractor or third party who provides administrative or other services to AIA Australia or any of our Affiliates or partners. Those services may include health, insurance and reinsurance, archival, auditing, accounting, customer contact, call centres, legal, business consulting, banking, payment, delivery, data processing, data analysis, information broking, research, investigative, website or technology services, professional advisors, program administrators and partners, statement producers, mail houses, email and print services, advertising agencies, technology, data and email storage and servers, backup and cloud computing providers, and other service providers as may be deemed necessary by AIA Australia from time to time;
  • publicly available sources, social media and other blogs, other websites you may visit and virtual communities and networks where people create, share or exchange information;
  • your Representatives in respect of your insurance or AIA Vitality membership;
  • the trustee or administrator of a superannuation fund and/or your employer;
  • health professionals, medical providers and hospitals, dietitians, pharmacists, fitness trainers and rehabilitation providers;
  • the policy owner (where you are a life insured who is not the policy owner) and the life insured (where you are the policy owner who is not the life insured);
  • any other party with which we have an arrangement for the promotion and sale of products offered or distributed by us; and
  • any other third party from time to time with your implied or express consent or as required or authorised by law (and we may take steps separate to this Privacy Policy to ensure you are aware of these).

AIA Australia may also exchange Personal Information with law enforcement agencies or government authorities and their agents (including those that are based overseas) where exchange is authorised or required by law, or where AIA Australia holds the view that such exchange is necessary to avoid or reduce the impact of action or conduct by such agencies, authorities or their governments that would be adverse to AIA Australia or its customers, to report illegal activity or to co-operate with lawful information requests (where we are authorised by law).

Some of the third parties to whom we may disclose Personal Information, including but not limited to our reinsurers, Affiliates, service providers and partners used in our activities and business initiatives, may be located in other countries and you agree that while they will often be subject to confidentiality or privacy obligations, they may not always follow the particular requirements of Australian privacy laws and by providing Personal Information to us or your Representatives, submitting or continuing with your claim, or otherwise interacting or continuing your relationship with us, you confirm that you agree and consent to, and acknowledge that, Australian Privacy Principle 8.1 (which relates to cross-border disclosures) will not apply to the disclosure, we will not be accountable for those overseas parties under the Privacy Act and you may not be able to seek redress under the Privacy Act. The countries may include:

  • the United States;
  • Canada, including to our third party service provider who assists us to investigate, manage and prevent suspected improper conduct such as fraud;
  • Japan;
  • South Africa;
  • Switzerland;
  • the United Kingdom;
  • members of the European Union;
  • Mauritius;
  • Bermuda; and
  • Hong Kong, Singapore, Malaysia, Philippines and other the countries in which AIA Group companies operate (see http://www.aia.com/en/our-markets/), including to our Affiliates, AIA Vitality Company Limited, and their respective service providers, Affiliates and business partners;

and in each case to third party providers with offices or servers located there. We are also subject to a range of legal and regulatory obligations which may require us to impose contractual privacy controls on overseas parties handling Personal Information on our behalf.

Where we provide your Personal Information to a third party, including a reinsurer, a Representative (such as a trustee or administrator of a superannuation fund and/or your employer), AIA Vitality Company Limited, Discovery Holdings Limited and AIA Vitality partners and providers (for the purposes of the AIA Vitality program), the third party may collect, use and disclose your Personal Information in accordance with their own privacy policy and procedures and terms of use. A third party’s privacy policy and procedures and terms of use, the legal protections afforded to you by them, and the third party’s ability to collect, use and disclose your Personal Information, may be different to that set out in this document and, if the third party is located outside Australia, are likely to be governed by the laws of a jurisdiction other than Australia.

We recommend that you carefully read and familiarise yourself with the privacy policy and procedures and terms of use of any third party with whom we are required to share your Personal Information. You can access the privacy policy of Discovery Holdings Limited at https://www.discovery.co.za/portal/individual/terms-and-conditions. You should contact other third parties directly for copies of their privacy policies. If you would like information about our providers or other third parties applicable to your circumstances, please contact our Compliance Manager as set out under Contact Us below.

In addition to the above, we may also collect, use and disclose your Personal Information in specific circumstances applicable to your situation as described below.

Our customers (including potential and former customers)

The types of Personal Information we collect may include your name and contact details, identifying information (eg date of birth), email address, residency, demographic and profile information (sex, age, etc), information provided by you directly (including but not limited to, information provided in an application or other information submitted in respect of your insurance, AIA Vitality membership or other product application), tax file number, transactional and financial information (including but not limited to your use of cards and other facilities, income, payment and banking information), family and beneficiary information, insurance claims information, work, occupation and pastimes and some sensitive, lifestyle, health and medical-related information. We are required or authorised to collect your Personal Information under various laws including the Life Insurance Act, Insurance Contracts Act, Corporations Act, taxation legislation (including without limitation the Income Tax Assessment Acts and the Taxation Administration Act), Superannuation Guarantee (Administration) Act, Superannuation Industry (Supervision) Act, , Anti-Money Laundering and Counter-Terrorism Financing Act, Financial Transaction Reports Act, Crimes Act (Vic), Crimes Act (NSW), Criminal Law Consolidation Act (SA) and the Criminal Codes of Queensland, Tasmania, WA, NT, ACT and the Commonwealth, and regulations and other instruments made under or pursuant to those laws. We may take steps separate to this Privacy Policy to ensure you are aware of any other relevant laws.

We collect, use and disclose your Personal Information for purposes including, but not limited to, processing your application (including for insurance, AIA Vitality membership or other product application), for underwriting purposes, the assessment and processing of claims and any other administration relevant to any policy issued by AIA Australia, administration of the AIA Vitality program or other programs / initiatives, reinsurance, conducting research and development relevant to our products and services, statistical, prudential, actuarial and reporting purposes, and other purposes we notify to you. We may exchange your Personal Information with your Representatives for the purposes outlined in this policy.

We may at times permit your Representatives to provide, access, receive, review and update the Personal Information about you in respect of your application, claim, insurance or AIA Vitality membership with us over the telephone, email or online.

AIA Vitality members (including former and potential AIA Vitality members)

We collect, use and disclose your Personal Information for purposes including, but not limited to, assessing and/or processing your AIA Vitality membership application, registration and activation, communicating with you, your Representative and/or the policy owner of your policy regarding your AIA Vitality membership (including without limitation by disclosing Personal Information such as lifestyle, health and medical information that relates to your AIA Vitality membership and other information such as your AIA Vitality status, membership number, whether you have completed certain activities, tests and/or assessments of the AIA Vitality program, whether you have purchased and/or used certain devices and/or accessories, your engagement in the AIA Vitality Program or whether you have visited or used certain AIA Vitality partners to earn AIA Vitality points), administration of your AIA Vitality membership, provision of health and wellbeing activities, tests and assessments (including to assess results against previous activities, tests and assessments) and benefits including discounts, cashbacks and rewards, payments relevant to your AIA Vitality membership, and conducting research, analysis and development relevant to your engagement in the AIA Vitality Program, products and services offered by us, our Affiliates and partners of the AIA Vitality program, facilitating your use of the Website and other purposes we notify to you.

If you also own or are insured under any of our insurance products, and provide medical and health related information to us in relation to your AIA Vitality membership, we will take steps to ensure this information is kept separate from the underwriting and claims departments of AIA Australia who are responsible for any future underwriting or claims decisions. Under no circumstances will AIA Australia be deemed to have knowledge of any AIA Vitality-related information in respect of its underwriting and claims functions. In accordance with your statutory duty of disclosure, you are still therefore obliged to disclose any of this information to the extent it may be relevant in the event of any future application for insurance cover (including increased or varied cover) or changes to existing insurance cover with AIA Australia.

If you are also an employee of AIA Australia, Personal Information you provide solely as part of your AIA Vitality membership will be accessed by personnel of AIA Australia and third parties for the purpose of administering the AIA Vitality program and as otherwise set out in this policy. Where practicable, access to AIA Vitality-related Personal Information will be limited to those personnel who are directly or indirectly involved with the AIA Vitality program. AIA Vitality-related Personal Information will not be used in making decisions relating to your employment with AIA Australia (including hiring decisions).

We may collect your Personal Information from, and exchange your personal information with, your Representatives, AIA Vitality partners or other providers of health and wellbeing checks and assessments (including but not limited to, dietitians, pharmacists and trainers) and benefits (including but not limited to discounts, cashbacks and rewards) under the AIA Vitality program, AIA Vitality Company Limited (incorporated in Hong Kong) and Discovery Holdings Limited (incorporated in South Africa) and the Affiliates and third parties service providers of these entities. We may also copy your Representatives in email communications sent to you in respect of your AIA Vitality membership and the AIA Vitality program. Where you are a life insured who is not the policy owner, we may also at times provide and exchange Personal Information about you to the policy owner of the eligible insurance policy under which you are insured or provide and exchange Personal Information about the policy owner of the eligible insurance policy to you, the life insured. We may at times permit your Representatives to provide, access, receive, review and update the Personal Information about you in respect of your insurance or AIA Vitality membership with us over the telephone, email or online.

Our staff (current and former, including contractors)

We collect Personal Information as part of your current or former employment and/or engagement with us. The types of Personal Information we collect may include identifying information (eg date of birth and employee identification and number), qualifications and experience, and information relating to your current or former employment or engagement, including the terms and conditions of your employment or engagement, your training, performance, conduct, disciplining, resignation or termination, membership of a professional or trade association, trade union membership, leave details and taxation, banking and superannuation affairs. We are required or authorised to collect your Personal Information under various laws, including without limitation, the Fair Work Act, Superannuation Guarantee (Administration) Act, Superannuation Industry (Supervision) Act, taxation legislation (including without limitation, the Income Tax Assessment Acts, and Taxation Administration Act), Life Insurance Act, and Australian Prudential Regulation Authority Act and regulations and other instruments made under or pursuant to those laws. We may take steps separate to this Privacy Policy to ensure you are aware of any other relevant laws.

We collect, use and disclose your Personal Information for all purposes relating to your current or former employment or engagement including, but not limited to, engagement, training, disciplining, payroll, superannuation, health and safety, administration, insurance (including WorkCover) and staff management purposes, AIA Vitality membership and other purposes that we may notify to you. We may exchange your Personal Information with law enforcement and background checking agencies and educational or vocational organisations to verify your qualifications and whether you have a criminal record in certain circumstances, your health service providers, your Representatives (including unions) and our service providers including providers of online services, recruitment, payroll, banking, staff benefits, staff rewards and share programs, surveillance and training services.

We may also collect, use, disclose or exchange other types of Personal Information and may conduct or engage background checking agencies to conduct other checks under applicable AIA Australia and AIA Group policies.

Job applicants

We collect Personal Information as part of your job application including your qualifications, experience, professional memberships, achievements and work history.

We collect, use and disclose your Personal Information for purposes including, but not limited to, assessing your application, assessing you for a position or positions with us or our Affiliates, assessing whether you are suitable to progress to each stage of the recruitment process for a position, storing your information for future job opportunities and other purposes we notify to you.

We may exchange your Personal Information with our Affiliates, recruitment agencies, online service providers, organisations that conduct competency or psychometric tests, referees, current and previous employers, law enforcement and background checking agencies and educational or vocational organisations to verify your application details and whether you have a criminal record in certain circumstances.

We may also collect, use, disclose or exchange other types of Personal Information and may conduct or engage background checking agencies to conduct other checks under applicable AIA Australia and AIA Group policies.

Our Website and emails

If you visit our Website to read, browse, sync, upload or download information, our system may record information such as the date and time of your visit to the Website, the pages accessed and any information uploaded, downloaded or synced. This information is used for purposes including statistical, reporting and website administration and maintenance purposes and to help us better manage, analyse and develop our Websites, communications and products.

Like many other websites, our Website may use ‘cookies’ from time to time. A cookie is a piece of information that allows our system to identify and interact more effectively with your device. The cookie helps us to maintain the continuity of your browsing session and remember your details and preferences when you return. You can configure your web browser software to reject cookies however some parts of our website may not have full functionality in that case.

When we send you emails or other electronic messages, we may record where you open the message and click on particular links. This helps us to better understand what information is of interest to you. When you use our Website, make an enquiry or apply for policy or product using our Website or our online forms, we may collect Personal Information about you and use web analytics in relation to this information to help us better manage, analyse and develop our Websites, communications and products.  We may use cookies, which may personally identify you, to identify traffic source, to improve our Website and your experience, to adjust our Website content and for other purposes set out in this Privacy Policy.

In some cases third parties may use cookies and other technologies such as web beacons and JavaScript on our Website in connection with online services like banner advertising, website analytics, brand monitoring and surveys. This may allow them to collect information about your use of our website (including your computer’s IP address) which they may store in the United States, Japan, South Africa, Switzerland, the United Kingdom, members of the European Union, Mauritius, Bermuda, Hong Kong, Singapore, Malaysia, Philippines and other countries in which AIA Group companies operate (see http://www.aia.com/en/our-markets/) or other countries. The use of these technologies allows them to deliver customised advertising content, measure the effectiveness of their advertising, evaluate users use of our Website, to communicate with you or respond to feedback or complaints, to manage our relationship with you, to monitor and protect our brand, and other websites and provide other services relating to website activity and internet usage. Those third parties may also transfer the information they collect to others where required to do so by law, or where those others process the information on their behalf. The services we may use from time to time (including via our Website) may include: Google Analytics; Google AdSense; Marketo; Inbenta; DoubleClick; Yahoo; Salesforce (or any other call centre provider); Radian6; Adobe/Omniture; and Microsoft. 

We use web analytics reporting software (including but not limited to Google Analytics Demographic and Interest Reporting), to report and measure traffic patterns to, from and within the Website. The tracking technology collects various information, including which pages are visited, the number of visitors, paths taken within the Website, duration of visits and entry/exit points to the website, age, gender and interests, and may in some cases recognise the visitor's domain name and IP address.  However, we do not use, gather, store or retrieve Personal Information using this software to identify the actual user.  We use aggregated reporting provided by web analytics to better understand Website traffic and Webpage usage, to improve our Website and your experience, to adjust our Website content and for other purposes set out in this Privacy Policy.

You can find more details in the privacy policies for the services we use, including information on how to opt-out of certain conduct. If you are considering sending us any other Personal Information through our Website or other electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (eg email, standard HTTP). We are subject to laws requiring us to protect the security of Personal Information once it comes into our possession.

The Website may contain links to other sites. We recommend that you carefully read and familiarise yourself with all relevant terms and conditions, privacy practices, policies and guidelines of those sites (as amended from time to time) and select the privacy and security settings that you are comfortable with. We are not responsible for the consent, security, privacy practices, policies or guidelines of those sites

Social media

We may, from time to time, have or maintain a presence on social media such as Facebook, YouTube, Twitter and LinkedIn. You can interact with us via social media where we maintain a presence. Depending on the particular social media platform, we may collect, use, handle, store and disclose, in the manner described in this Privacy Policy, Personal Information, including without limitation, the following types of information, as applicable:

  • your name;
  • your email address;
  • your profile picture and other photos;
  • usernames, aliases, pseudonyms or login IDs;
  • your telephone number;
  • your postcode / suburb / state of residence;
  • your mailing address;
  • your company name, job title and industry;
  • your gender;
  • other information contained in your profile such as your education, relationship status, sexual preference, religious views, political views and links to online properties and other social media accounts;
  • comments you make or submit and any responses to such comments (including our responses and the responses of any other person or through a competition, giveaway, event or activity run by us or one of our Affiliates or partners); and
  • information about your interactions with us on social media platforms, including the date and time of your visit, which parts of our social media pages you visited and what information or material you viewed or downloaded. This information is used for statistical, reporting, administrative and maintenance purposes.

When you interact with us via social media, you consent to any Personal Information you provide or disclose (including any of the above, as applicable) being collected, used and disclosed by us in the manner described in this Privacy Policy. You should be aware that interactions on social media with us may, depending on the particular social media platform you choose and on the settings you choose on each such platform that relate to privacy and security, be immediately publicly visible to all users of the platform.

Social media platforms are not bound by our Privacy Policy and may each have their own privacy policies or statements or similar (Platform Privacy Policies). Platform Privacy Policies vary from platform to platform. The rights that the various social platforms reserve for themselves as stated in their applicable Platform Privacy Policies in relation to information you provide when you are interacting with us via such platforms are likely to be different to our policies as set out in this document. We recommend that when interacting with us via social media, you avoid disclosing Personal Information in a way that makes it publicly available. We publish social media "House Rules", available via our various social media pages, which contain more information about recommended "dos and don'ts" in relation to disclosing Personal Information on social media. We recommend that you read our social media "House Rules".

In addition, platform providers' terms of use, terms of service or rules and the like (Terms of Use) and their Platform Privacy Policies are likely to be governed by the laws of a jurisdiction other than Australia. Privacy laws that apply to the platform operators and to their obligations in respect of information you provide are likely to be different to Australian privacy laws. The legal protections afforded to you by such laws may be substantively different to those available under applicable Australian laws.

Your use of social media platforms will also be governed by the Terms of Use published from time to time by the various platform providers. We accept no responsibility for the Terms of Use or Platform Privacy Policies of the social media platforms you use to interact with us.

We recommend that, before using social media to interact with us, you carefully read and familiarise yourself with:

  • the social media platform provider's Terms of Use and Platform Privacy Policies; and
  • the privacy and security settings available for that platform and select the settings that you are comfortable with.

If the social media platform provider amends or updates its Terms of Use or its Platform Privacy Policies, carefully review the proposed changes to understand how they may affect your continuing use of the platform.

Anonymity

You may choose to communicate or interact with us (to ask general enquiry type questions) anonymously or by using a pseudonym. Please be aware that this may reduce our ability to interact with you. In some circumstances we are often governed by strict regulations that require us to know who we’re dealing with. In general, we won’t be able to deal with you anonymously or where you are using a pseudonym when:

  • it is impracticable; or
  • we are required or authorised by law to deal with you personally.

Security

We take reasonable steps to protect Personal Information from misuse, interference and loss including by implementing physical, technical and administrative security standards to secure and protect your Personal Information from unauthorised access, modification or disclosure. Steps we take can include, but are not limited to, implementing and imposing:

  • confidentiality requirements on our employees and other representatives, as well as third parties;
  • policies on document storage security;
  • security measures for access to our systems;
  • identification procedures prior to providing access to information;
  • control on access to our premises; and
  • website protection security measures.

Retention / Destruction

When all of our legal obligations to retain your information have expired, or we no longer need your information for a purpose permitted under law, we will take such steps as are reasonable to destroy or de-identify it.

Accessing and updating your Personal Information

You have the right to access the Personal Information we hold about you, and can request the correction of your Personal Information if it is inaccurate, incomplete or out of date. Requests for access or correction should be directed to our Compliance Manager (see ‘Contact us’ below). We may also, at our discretion, permit your Representatives to access the Personal Information we hold about you and request its correction if it is inaccurate, incomplete and out of date.

Please note that in relation to Personal Information provided via social media, we can only provide access to or correct information held by us. You must direct requests for access to or correction of Personal Information held by the social media platform provider directly to the relevant platform provider.

We will generally respond to requests for access as soon as possible or at least within 14 days. If a request is straightforward, we will often grant access within 14 days or, if the request is more complicated, within 30 days. We may need to verify your identity before providing access.

In some circumstances, AIA Australia may not permit access to your Personal Information where, for example, such access would be unlawful or denying access is authorised by law. In these cases, AIA Australia will provide you with written reasons for a denial of access or refusal to correct Personal Information. If you disagree with our refusal to correct your Personal Information, you can ask us to append an explanatory note to the information.

Contact Us

If you have any questions or concerns about your Personal Information, please contact our Compliance Manager as set out below:

The Compliance Manager
AIA Australia Limited
PO Box 6111
St Kilda Road Central, VIC 8008
Phone 1800 333 613

Further information

AIA Australia has established an internal dispute resolution process for handling customer complaints (including matters involving compliance with privacy laws). This dispute resolution mechanism is designed to be fair and timely to all parties and is free of charge. If you have a complaint about AIA Australia's handling of your Personal Information, you should submit it in writing to the Compliance Manager at the address specified above. You will typically receive a letter from us within five days which sets out an overview of how your complaint will be responded to. AIA Australia’s Internal Dispute Resolution Committee will handle any escalated complaints that cannot be addressed at an operational level. AIA Australia aims to resolve your complaint within 45 days of receipt.

If you are a current or former employee or contractor of ours, any complaint about company compliance with privacy laws will be handled in the manner described in the applicable Human Resources policy or procedure where available. Should your complaint not be resolved to your satisfaction by our internal dispute resolution process, you may take your complaint to the Office of the Australian Information Commissioner. The Office of the Australian Information Commissioner's contact details are:

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Web: www.oaic.gov.au.

Changes to this Privacy Policy

AIA Australia may amend this Privacy Policy from time to time. If we do so, we will post an amended Privacy Policy on our website at http://www.aia.com.au/ so that you will always be aware of how we manage Personal Information. For the avoidance of doubt, the Privacy Policy applicable to the management and handling of Personal Information will be the most current version published at http://www.aia.com.au/, which shall supersede and replace all previous Privacy Policies and/or Privacy Statements and privacy summaries that you may receive or access, including but not limited to those contained in or referred to in any telephone recordings and calls, applications, underwriting and claim forms, Product Disclosure Statements and other insurance and disclosure statements and documentation. This Privacy Policy is also available upon request by contacting us on 1800 333 613.

Last Updated May 2015

AIA Australia Limited ABN 79 004 837 861 AFSL 230043
Copyright © 2015, AIA Group Limited and its subsidiaries. All rights reserved.
Confidential and proprietary information.

 

AIA Vitality Terms and Conditions

If you apply for or register to become a member of the AIA Vitality Program or activate your AIA Vitality Membership, you will be bound by these terms.

If you do not understand these terms and conditions, or if you have any questions about these terms and conditions, please email queries@aiavitality.com.au or call 1800 848 254 (Monday – Friday 8:00AM – 7:00PM (Melbourne time)). A representative will be happy to assist you.

In these terms, we or us means AIA Australia Limited (ABN 79 004 837 861, Level 6, 509 St Kilda Road Melbourne VIC 3004) and its employees, agents, contractors and related bodies corporate (but does not include our partners in the AIA Vitality Program) and you means the person who proposes to be, is or has been an AIA Vitality Member (and, if you are under 18, includes your parent or guardian).

Becoming an AIA Vitality Member

1.1 Am I eligible to be a member?

To be an AIA Vitality Member, you must:

• permanently reside in Australia;
• provide a valid and unique email address and contact phone number;
• be at least 18 years old;
• be an individual and not a company or trust; and
• be insured under an eligible insurance policy or be an eligible person associated with the holder of an eligible insurance policy (for example, an employee of an employer, or member of a fund, that has taken out an eligible insurance policy) as determined by us; and
• meet any other eligibility criteria or conditions described as part of your application process.

We may allow you to be an AIA Vitality Member if you don’t meet the above criteria at our discretion. For example, we may allow a person under the age of 18 to become a member, subject to meeting the conditions in clause 1.5.

If we determine that you no longer meet any of the above criteria, we may cancel or suspend your membership.

You may only hold one AIA Vitality Membership at any time.

1.2 How do I become a member?

You can become an AIA Vitality Member by completing an application form or via any other method we provide from time to time. Once received by us, we will process the application form and determine your eligibility. If your membership application is accepted, you will become an AIA Vitality Member and we will issue you an AIA Vitality Membership number and let you know how to activate your AIA Vitality Membership. You will need to complete the activation process to begin using your AIA Vitality Membership.

1.3 Can I change my mind?

If you change your mind, please let us know by using the contact details provided when you first became an AIA Vitality Member (or contact us and we can direct your query to the relevant person). You have a cooling off period after you first become an AIA Vitality Member to change your mind and cancel your AIA Vitality Membership and receive a refund of your Annual Membership Contribution (if applicable). Your cooling off period ends on the later of 28 days after you first become an AIA Vitality Member and the cooling off period under your eligible insurance policy (refer to your policy documents to determine the cooling off period under your insurance policy). If you change your mind after your cooling off period ends, you can cancel your AIA Vitality Membership in accordance with clause 9.1.

1.4 Special conditions

If your AIA Vitality Membership has special conditions, we will let you know what those special conditions are and you will be bound by those special conditions if you become an AIA Vitality Member.

1.5 Members under 18

If you are under 18 years of age and we allow you to become an AIA Vitality Member, you:

  • must obtain your parent or guardian’s consent before completing the application form or registering to become a member or otherwise activating your membership;
  • promise to us that you have read these terms with your parent or guardian and that your parent or guardian agrees to ensure that you comply with these terms;
  • must use the AIA Vitality Program under the supervision of your parent or guardian; and
  • acknowledge and agree that some activities and benefits may not be available to you or suitable for you, until you are 18 years of age.

If you are a parent or guardian of an AIA Vitality Member under 18 years of age, you:

  • agree to comply with, and ensure that the AIA Vitality Member complies with, these terms;
  • agree to supervise and be solely responsible for the AIA Vitality Member’s use of the AIA Vitality Program; and
  • acknowledge and agree that some activities and benefits may not be available or suitable for the AIA Vitality Member until they are 18 years of age.

The AIA Vitality Program (including the information and materials provided through the AIA Vitality Program) have been developed in consideration of adult AIA Vitality Members and may not be suitable for you. Participation in the AIA Vitality Program is at your own risk. Individuals, including any person under 18 years of age, should obtain professional advice from a medical practitioner or other appropriate health professional prior to joining or participating in the AIA Vitality Program.

1.6 Membership categories

We may at our sole and absolute discretion provide different categories of membership to the AIA Vitality Program, each of which may offer a different range of activities and benefits to AIA Vitality Members.

2 Using your membership

2.1 Member portal

The AIA Vitality Program is available through the AIA Vitality website (aiavitality.com.au) or through the AIA Vitality mobile device applications or via any other method we provide from time to time (together, the member portal). You can access the member portal by logging in with the details we provide to you. Use of the member portal is subject to these terms, the AIA Vitality Terms of Use and AIA Australia’s Privacy Policy available on the member portal and at aia.com.au.

You acknowledge that the member portal may not be available at all times and we will not be liable to you in connection with any unavailability of the member portal.

2.2 Membership year

The AIA Vitality Program operates on membership years. Your first membership year will commence on the day you become a member and end one year after that date. Subsequent membership years will automatically commence on each anniversary of you becoming an AIA Vitality Member and end one year after that date until your membership ends in accordance with these terms.

2.3 Your choice

The AIA Vitality Program offers a range of activities and benefits to AIA Vitality Members. Your participation in the AIA Vitality Program is your choice. You can decide which, if any, of the activities and benefits available to you as part of your AIA Vitality Membership you participate in or use.

2.4 Use by others

As an AIA Vitality Member only you are entitled to use the AIA Vitality Program. Your membership is for your personal use only and is not transferrable. Without limiting this:

  • you must not provide or give to any other person, or allow any other person to use, any activity or benefit, unless specifically permitted in the benefit guide or terms and conditions for that activity or benefit;
  • you must take reasonable steps to ensure that no one else uses your AIA Vitality Membership;
  • you must not share your AIA Vitality login details or your AIA Vitality Membership number with anyone else, other than to us and our partners as part of your legitimate use of the AIA Vitality Program;
  • you must not use your AIA Vitality Membership (or any activities and benefits available) for business or commercial purposes.

2.5 Unauthorised use, loss or theft of your details

You must immediately notify us if you know or suspect there has been any unauthorised use, loss or theft of your AIA Vitality Membership details. You must also immediately change your password if you believe it has been compromised. You are liable for all transactions made using your AIA Vitality Membership details unless you have taken these steps prior to the transaction taking place.

2.6 Using your membership responsibly

You must not use your AIA Vitality Membership for illegal purposes, in any manner that is inappropriate, likely to offend others or fraudulent. We may take steps to verify the responsible use of your AIA Vitality Membership. For example, we may request further information or conduct an audit to confirm that your AIA Vitality Membership is being used in accordance with these terms, to verify the information provided to us or one of our partners, to confirm you have completed an activity or to verify your entitlement and responsible use of a benefit.

3 Activities to know or improve your health and wellbeing

3.1 Undertaking activities

As part of the AIA Vitality Program you may undertake certain activities designed to help you understand or improve your health and wellbeing. You may be awarded AIA Vitality Points for these activities. You can access more details about these activities through the member portal.

You must only undertake an activity if you are capable of doing so safely. You should be in good physical condition and have no medical reason, impairment or disability that might prevent you from undertaking it or undertaking it safely.

3.2 Providing information to us or our partners

You may need to provide your AIA Vitality Membership number and other information about yourself to us or one of our partners in order to undertake or earn points for an activity or receive a benefit.

You must answer all questions honestly, ensure that all information you provide us and our partners is complete and accurate and provide us and our partners with all information about you that might be relevant to any activity. You must not mislead us or provide false, incomplete or inaccurate information. Without limiting this, you must tell us (or our partners) about any medical conditions that may be relevant to you undertaking an activity before you undertake it.

If a medical practitioner or other person has verified or provided some of the information you provide to us as part of an activity, you must ensure that this person is not related to you and does not otherwise have a conflict of interest in providing or verifying the information.

If you do not provide the information that we or one of our partners require, you may not be able to undertake or earn points for the activity or receive the benefit.

3.3 We can verify the information you provide

You agree that we can take steps to verify the accuracy of information you provide us, including by contacting persons (such as medical practitioners) referenced in the information provided to us. You consent to those persons discussing you with us and disclosing personal information (including sensitive information and medical records) to us. We may also ask you for further information or evidence to verify the information you provide us.

3.4 Follow instructions

You must complete each activity in accordance with the instructions that are provided to you and read all information that we or our partners provide you in connection with an activity.

3.5 No warranty

We make no express or implied representation or warranty regarding the completeness, accuracy, reliability, suitability or currency of the information or results provided as part of an activity.

3.6 Reliance at own risk

You undertake the activities at your own risk. The activities available through the AIA Vitality Program (including the information and materials provided through the AIA Vitality Program) may not be suitable for all AIA Vitality Members. You must use your best endeavours to participate in the activities safely and avoid harm to yourself. You must seek the advice of your doctor if you are uncertain about the impacts of an activity on your health or are uncertain about any recommendations made as a result of an activity.

3.7 Not medical advice

The activities provided under the AIA Vitality Program are not medical advice and not a substitute for medical advice or treatment. You should obtain professional advice or treatment from a medical practitioner, pharmacist or other appropriate health professional independently of the AIA Vitality Program in relation to your personal circumstances and any health or medical condition prior to joining or participating in the AIA Vitality Program and as and when is necessary. Information and material provided through the AIA Vitality Program may not be based on the most recent findings or developments and are not specifically tailored for any particular person. Health and fitness research may exist that could impact the information provided by us or our partners. You must not disregard, delay, change or discontinue any medication or treatment you may be receiving or other activity you may be undertaking on the recommendation of a health professional because of the results of an activity without first consulting that health professional.

3.8 Activities may not be available

Some activities may not be available at all times or in some locations or to certain age groups. We will not be liable to you for any activity not being available to you. If you have any feedback in relation to the activities available to you, please contact us and we can consider any concerns you may have when we review and make changes to the AIA Vitality Program in future.

3.9 You may need to pay for activities or enter into a contract

In order to undertake certain activities you may need to pay us or our partner an amount specified on the member portal or partner website or enter into a contract with our partner. In some circumstance you may need to engage a medical or health professional to complete the activity, which may incur a cost. We will not be a party to any contract between you and the partner, or you and the medical or health professional, and will have no liability in connection with it.

4 AIA Vitality Points and AIA Vitality Status

4.1 Earning AIA Vitality Points

By undertaking activities you can earn AIA Vitality Points.

AIA Vitality Points expire at the end of each membership year.

The number of AIA Vitality Points you earn for an activity and information on the way we calculate and award points is set out on the member portal. You agree that we may change the number of points allocated to an activity or the way in which we award or calculate points from time to time.

Without limiting the above:

  • the number of points you can earn may be different from other AIA Vitality Members and will depend on a range of factors such as the activity you are doing, your health goals and risk factors and the terms of your membership (including your membership category);
  • we may adjust the number of points you can earn for each activity, depending on your individual health status or how important the activity is to your health status;
  • certain activities or categories of activities may have limits as to how many points you can earn over a certain time period;
  • we may require certain evidence of an activity being completed in an acceptable format prior to awarding any points;
  • the number of points you can earn for an activity may be calculated using pre-determined formulas or algorithms which you may not have visibility of;
  • we are not responsible for the awarding of or any delay in the awarding of points or posting of transactions into your AIA Vitality Membership account in connection with activities provided by our partners or other intermediaries (such as devices or mobile applications which you have chosen to link to your AIA Vitality Membership).

4.2 Your AIA Vitality Points balance

The number of AIA Vitality Points you have at any time is available on the member portal. We’ll update your AIA Vitality Points balance as soon as we can, however there may be a delay in processing. You should regularly check the member portal to confirm that your AIA Vitality Points balance and your AIA Vitality Status are correct. The number of AIA Vitality Points and your AIA Vitality Status shown on the member portal is taken to be correct, unless it is changed in accordance with clause 4.4.

4.3 Your AIA Vitality Status

You will be allocated an AIA Vitality Status as part of your AIA Vitality Membership. Your AIA Vitality Status is determined by the number of AIA Vitality Points that you earn in a membership year, as set out on the member portal. Your AIA Vitality Status can change your entitlement to certain activities and benefits, as set out on the member portal and the benefit guides.

4.4 Amending your AIA Vitality Points balance or AIA Vitality Status

If you think your AIA Vitality Points balance or AIA Vitality Status is incorrect, please contact us. We will review your AIA Vitality Points balance and AIA Vitality Status and consider any additional evidence you give to us to determine if there should be an adjustment to your balance or status. Any determination by us is final.

If you don’t contact us within 8 weeks of points being awarded for an activity or completing an activity, any allocation of AIA Vitality Points associated with that activity is deemed to be correct and final.

We may amend your AIA Vitality Points balance and AIA Vitality Status at any time if we identify an error in the allocation or deduction of points or your status, or if we receive insufficient, inaccurate or fraudulent evidence of an activity being completed or if there has been a breach of these terms in connection with the earning of the points or status.

4.5 What happens at the start and end of your membership year

On the first day of each membership year:

  • Your AIA Vitality Points balance will reset to zero.
  • Your AIA Vitality Status will be based on the number of AIA Vitality Points you held on the last day of the immediately preceding membership year (if there was a preceding membership year).

4.6 AIA Vitality Points do not have value

AIA Vitality Points are a way of measuring your participation and progress in the AIA Vitality Program. The points do not have any cash value and are not convertible into cash. Points do not give you contractual rights and are not property or currency.

Points cannot be purchased and are not transferable to any other person. Points expire at the end of your membership year and on termination of your AIA Vitality Membership.

5 Benefits

5.1 Entitlement to benefits

The AIA Vitality Program offers a range of benefits to members such as vouchers, discounts, cashbacks, rewards and other products and services provided by us or our partners from time to time. Your entitlement to benefits at any time is shown on the member portal and is determined by us and may be based on your membership category, the activities you complete, the number of AIA Vitality Points you have earned, your AIA Vitality Status in accordance with the rules set out in these terms, the member portal (including any information or rules contained on the member portal) and in the benefit guides, and any other special terms and conditions of your AIA Vitality Membership.

Some benefits may be available to you before you earn any AIA Vitality Points or undertake any activities.

If you cease to be an AIA Vitality Member or breach these terms, you will no longer be entitled to benefits. The availability of benefits may be ceased, withdrawn, suspended or discontinued by us at our discretion.

5.2 Claiming benefits

You can obtain the benefits that you are entitled to by following the instructions set out on the member portal or in our communications to you. Some benefits may expire if you don’t take actions to claim them. If we specify a time that you must claim a benefit or otherwise specify action you must take in relation to the benefit and you fail to follow those instructions, then you will lose your entitlement to that benefit.

5.3 Benefits may not be available

Some benefits may not be available to all members or at all times or in some locations or to certain age groups. We will not be liable to you for any benefit not being available to you. If you have any feedback in relation to the benefits available to you, please contact us and we can consider any concerns you may have when we review and make changes to the AIA Vitality Program in future.

5.4 Benefit guides, rules and member portal

The benefit guides, rules and other information available on the member portal contain further terms and conditions applicable to each benefit. If you choose to access or use a benefit, you will be bound by these additional terms and conditions.

5.5 You may need to pay for benefits or enter into a contract

In order to obtain some benefits you may need to pay us or our partner an amount specified on the member portal or partner website or enter into a contract with our partner. We will not be a party to any contract between you and the partner and will have no liability in connection with it.

6 Our partners

Some activities and benefits are provided by our partners and you may acquire products or services from one of our partners.

If you acquire a product or service from one of partners or otherwise interact with them, you:

  • are deemed to have agreed to the partner’s terms and conditions applicable to the product or service and must comply with those terms;
  • consent to your personal and sensitive information being disclosed between us and the partner;
  • agree that we are not liable for the partner’s actions other than as specified under clause 11.2;
  • agree that we are not liable for any information or advice provided by our partners or any other person (such as a medical or health professional);
  • agree that we are not responsible for the content of any partner’s website;
  • do so at your own risk;
  • acknowledge that we take no responsibility and do not endorse or accept any liability for the partner’s products or services;
  • agree that any products or services you obtain from our partners are supplied directly by our partner and not us and, without limiting this, you agree that you must resolve any issues with the product or service directly with the partner and not us; and
  • agree that we are not responsible for the availability of products or services and do not guarantee that a product or service will be available from the partner.


7 Annual Membership Contribution

Depending on the AIA Vitality Membership category to which you belong (which may be determined based on your eligibility criteria), you may be required to pay an Annual Membership Contribution in respect of your AIA Vitality Membership.

Generally, an Annual Membership Contribution is payable where an AIA Vitality Membership is purchased as an addition to an AIA Australia life insurance policy. Where an Annual Membership Contribution applies to you, we may agree with your employer or another third party to have them pay your Annual Membership Contribution to us on your behalf, or waive the Annual Membership Contribution (at our discretion).

If you or the policy owner of your eligible insurance policy is required to provide the Annual Membership Contribution or payment, we will inform you of the current Annual Membership Contribution amount (which may vary from time to time) at the time you apply to become an AIA Vitality Member and subsequently each following year. The Annual Membership Contribution must be made to us in full on an annual or such other periodic basis and using such payment methods as may be approved by us. Where periodic payments are made, each periodic payment is an instalment of the Annual Membership Contribution for your current membership year.

If we do not receive payment of your first Annual Membership Contribution (or part thereof if a catch-up payment is required) within 28 days of your AIA Vitality Membership commencing (or such other date as is notified by us from time to time) your AIA Vitality Membership will be terminated with effect from commencement.

If we do not receive any subsequent payment of the amount due of your Annual Membership Contribution in full within 60 days from the Annual Membership Contribution due date (grace period), your AIA Vitality Membership will automatically terminate. Your AIA Vitality Membership, AIA Vitality Points and AIA Vitality Status will remain in force during the grace period.

If we receive a payment in connection with your AIA Vitality Membership that is not due or receive an amount that is greater than the Annual Membership Contribution payable, we may (to the extent permitted by law) hold that amount and offset it against future amounts due in connection with your AIA Vitality Membership.

8 Changes to these terms or the AIA Vitality Program

8.1 Our right to change terms and the AIA Vitality Program

These terms and condition apply to the AIA Vitality Program, including the activities and benefits available to you as part of your AIA Vitality Membership. We can change any part of these terms or the AIA Vitality Program from time to time and will endeavour to give you reasonable notice of any changes we make. A copy of the current terms and conditions and the most up-to-date rules and information for the AIA Vitality Program can be found on the member portal or by contacting us.

8.2 Types of changes we may make

We may make changes from time to time for any reason, including in response to feedback, as a result of changes to our relationship with our partners and to improve or develop the AIA Vitality Program. For example, we may make changes to:

  • our partners (including adding, removing or replacing partners);
  • activities (including adding or removing activities (in whole or in part) or changing the way in which an activity is undertaken);
  • benefits (including adding or removing benefits (in whole or in part), changing the value of a benefit, or changing the way in which a benefit it obtained);
  • our systems and processes (including the member portal or the way in which you use or access your AIA Vitality Membership);
  • the cost of accessing or using the AIA Vitality Program (including any of its activities or benefits); or
  • the terms and conditions or rules of the AIA Vitality Program (including for any activity or benefit).

We may also make changes to these terms or the AIA Vitality Program as required to ensure the health and wellness or safety of our members, staff or any other person, to comply with law (including any decision, recommendation, guidance or standard of any court, tribunal, ombudsman service or regulator), or for reasons beyond our control.

8.3 If you don’t like the changes

If you don’t like any changes made to these terms or the AIA Vitality Program, please contact us to discuss them. You can also exercise your right to terminate your AIA Vitality Membership and this agreement under clause 9.

9 Termination

9.1 Termination by you

You may terminate your AIA Vitality Membership by contacting us during business hours on the details provided to you when you first became an AIA Vitality Member. Alternatively, you may contact us on the below details and we will direct you to the relevant person:

  • calling us on 1800 848 254 (Monday – Friday 8:00AM – 7:00PM (Melbourne time)); or
  • emailing us at queries@aiavitality.com.au.

Please note, if an Annual Membership Contribution applies to your AIA Vitality Membership, it may take up to 15 days to cancel future scheduled Annual Membership Contribution payments.

9.2 Termination by us

After your cooling off period ends, we may terminate your AIA Vitality Membership (in whole or in part, including your access and right to utilise one or more of the activities or benefits) if the Annual Membership Contribution (if applicable) or any other fees payable to us or to any of our partners are not paid by the due date.

We may also terminate your AIA Vitality Membership at any time if:

  • we suspect you have used your AIA Vitality Membership for illegal purposes, in any manner that is inappropriate, likely to offend others or is fraudulent;
  • you no longer meet the eligibility criteria (for example, if you are no longer insured under, or are no longer an eligible person associated with the holder of, an eligible insurance policy); or
  • you have materially breached these terms, continue to breach these terms after receiving notice from us, or have breached these terms on multiple instances.

We reserve the right to terminate, suspend or cease providing the AIA Vitality Program (in whole or in part) at any time and do not guarantee that the AIA Vitality Program will continue indefinitely or that it will be managed or owned by us.

9.3 What happens on termination

If your AIA Vitality Membership is terminated for any reason, you will no longer be entitled to use your AIA Vitality Membership number or access the AIA Vitality Program, the member portal or the activities and benefits (including any discounts in respect of your eligible insurance policy) available to AIA Vitality Members.

Where an AIA Vitality Membership is cancelled during the cooling off period and payment of the Annual Membership Contribution has been received, the Annual Membership Contribution will be refunded. If your Annual Membership Contribution is paid on an annual or half yearly basis, we will refund the portion of any amounts in respect of an Annual Membership Contribution paid to us in advance (if any) on a pro rata basis for each whole month remaining after the effective date of termination of your AIA Vitality Membership.

If your Annual Membership Contribution is paid on a monthly basis, your Annual Membership Contribution will cease to be payable and we will cancel any future scheduled Annual Membership Contribution payments within 15 days from termination of your AIA Vitality Membership.

You may be entitled to any outstanding cash backs that you earned less any outstanding fees due to us, subject to the terms and conditions of the relevant benefit. Any contract or agreement you may have with our partners may remain (subject to the relevant partner terms and conditions including notice period), but may be subject to altered terms (including potentially higher rates). We will not in any way be responsible for any relationship you have with our partners separate to your AIA Vitality Membership, including any continued relationship after your AIA Vitality Membership terminates.

9.4 Suspension of Membership

In limited circumstances and where permitted by the special conditions of your AIA Vitality Membership, we may agree to suspend your AIA Vitality Membership for a certain period of time. If your AIA Vitality Membership is suspended, your AIA Vitality Membership will be treated in accordance with clause 9.3 as if it had terminated for the duration of that suspension, unless we notify otherwise.

10 Privacy

10.1 Your privacy

Your privacy is important to us. The AIA Australia Privacy Policy sets out how your personal and sensitive information (Personal Information) is collected, used, handled and disclosed by us, and other important information. AIA Australia’s current Privacy Policy is available at aia.com.au or by calling 1800 333 613.

This clause 10 provides a summary only of how we collect, use, handle and disclose Personal Information in connection with the AIA Vitality Program.

We handle and collect Personal Information for purposes which include the administration of your AIA Vitality Membership, the provision of products and services, our business operations, for statistical, research and reporting purposes, and for other purposes set out in our Privacy Policy.

By providing information to us, or to your financial adviser (and the licensed dealer or broker they represent), a distributor of AIA Vitality, the trustee or administrator of a superannuation fund, or other representative or intermediary (such as your employer or the holder of your eligible insurance policy), or by continuing your relationship with us and otherwise interacting with us, you confirm that you have been notified of the matters and consent to the collection, use, disclosure and handling of Personal Information as described in the AIA Australia Privacy Policy available on the AIA Vitality website and at aia.com.au, as updated from time to time.

We rely on the accuracy of the Personal Information provided to us. If any of your Personal Information held in connection with your AIA Vitality Membership is incorrect, out of date or incomplete, please call us on 1800 333 610 and we can take reasonable steps to correct the Personal Information. Where you provide us with Personal Information about someone else, you must have their consent to provide their information to us in the manner described in the AIA Australia Privacy Policy.

10.2 Disclosure of your information, including disclosure to our partners

We may collect your Personal Information from, and provide your Personal Information to our partners and other providers of activities (including but not limited to, dietitians, pharmacists and trainers) and benefits (including but not limited to the administrators and service providers of discounts, cashbacks and rewards) under the AIA Vitality Program. We will only do this to the extent necessary for us to administer the AIA Vitality Program (for example, if you choose to undertake an activity or use a benefit available). We will not disclose your Personal Information to our partners for the purpose of direct marketing unless you consent to this or as otherwise permitted by law.

We may also provide non-sensitive information to your financial adviser (and the licensed dealer or broker they represent), the distributor of your AIA Vitality Membership, the trustee or administrator of your superannuation fund, or your representative or intermediary (such as your employer or the holder of your eligible insurance policy) (as applicable), and our business partners and reinsurers. For example, we may provide your name and membership number, your AIA Vitality Points balance or AIA Vitality Status, which activities you have undertaken, which of the benefits you have used or which of our partners you have engaged.

Partners and providers to whom we disclose Personal Information may be located in Australia or overseas, and you acknowledge that Australian Privacy Principle 8.1 (which relates to cross-border disclosures) will not apply to the disclosure, we will not be accountable for those overseas parties under the Privacy Act and you may not be able to seek redress under the Privacy Act. This paragraph does not apply if we have agreed otherwise with the distributor of your AIA Vitality Membership, the trustee or administrator of your superannuation fund, or your representative or intermediary (such as your employer).

10.3 Your insurance and your AIA Vitality information If you own or are insured under an eligible insurance policy, and provide medical and health related information to us in relation to your AIA Vitality Membership, we will take steps to ensure the information that you provide to us in relation to your AIA Vitality Membership is kept separate from the underwriting and claims departments of AIA Australia who are responsible for any future underwriting or claims decisions. However, please note that where you engage a medical or other health professional to undertake an activity through the AIA Vitality Program, the professional may obtain information relating to that activity and record it as part of your medical record. The health professional may later provide your medical record information to the underwriting or claims department of AIA Australia in certain circumstances (for example as part of an underwriting or claims process where you authorise AIA Australia to receive medical information from your health professionals).

To the maximum extent permitted by law, AIA Australia will not be deemed, to have knowledge of any AIA Vitality Program related information in respect of its underwriting and claims functions. In accordance with your statutory duty of disclosure, you are still therefore obliged to disclose any of this information to the extent it may be relevant in the event of any future application for insurance cover (including increased or varied cover) or changes to existing insurance cover or claims under an insurance policy with AIA Australia.

11 Legal items

11.1 What laws apply to these terms?

These terms are governed by the laws of Victoria, Australia. You agree to submit to the jurisdiction of the courts of Victoria, Australia in connection with all matters of this document.

11.2 Limiting our liability to you

Participation in the AIA Vitality Program is at your own risk. You agree that, to the maximum extent permitted by law, we (including our employees, agents, contractors and related bodies corporate), our partners and service providers will not be liable for any injury, loss, damages, claim or expenses you or any other person sustains or incurs as a direct or indirect result of participating in the AIA Vitality Program. However, we will accept that liability if it cannot be excluded under legislation (including under Australian Consumer Law). If that liability cannot be excluded but can be limited under legislation, we limit our liability to resupplying, repairing or replacing the relevant goods or services (or payment of the cost of resupply, repair or replacement) where it is fair and reasonable to do so.

Without limiting the above:

  • we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
  • we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss;
  • we are not liable for things that are outside our reasonable control;
  • this clause applies to the liability of our agents, partners and other service providers to you.

11.3 How we can you communicate with you

We can tell you about changes to these terms and otherwise contact you in connection with the AIA Vitality Program by:

  • posting a notice, a copy of updated terms or other information on the member portal; or
  • contacting you by any of the following methods, using the details you have provided us:
  • email
  • post
  • SMS
  • MMS
  • telephone
  • pop-up notifications or other alert through the AIA Vitality mobile application.

By accepting these terms you consent to receive notices and other communications (including documents) electronically.

You may opt-out of receiving electronic communications by contacting us, however please be aware that it may impact your ability to make full use of the AIA Vitality Program, including its activities and benefits.

We may also communicate with you through your representative or intermediary (for example, your financial adviser, the distributor of your insurance policy or distributor of your AIA Vitality Membership, the trustee or administrator of your superannuation fund or your employer).

11.4 Contact us - How you can communicate with us

You can contact us in connection with these terms and the AIA Vitality Program by any of the following methods:

  • calling us on 1800 848 254 (Monday – Friday 8:00AM – 7:00PM (Melbourne time)); or
  • emailing us at queries@aiavitality.com.au.

11.5 Questions or concerns

Should you have any questions or concerns regarding your AIA Vitality Membership or any aspect of the AIA Vitality Program, please contact us (queries@aiavitality.com.au or call 1800 848 254 Monday – Friday 8:00AM – 7:00PM (Melbourne time)).

11.6 Interpreting these terms and other important information

In this document, headings are for convenience only. If a court decides that any section of these terms is invalid or unenforceable, that section will be deleted from the terms.
The other sections will remain valid and enforceable.

Nothing in these terms restricts, excludes, modifies or limits your rights under the Australian Consumer Law.

Every AIA Vitality journey is unique so your experience may differ from the experience of another AIA Vitality Member. We cannot indicate or guarantee the experience or results that any individual will receive by joining and participating in the AIA Vitality Program. Information provided in connection with the AIA Vitality Program is general information only, without taking into account the objectives, financial situation, needs or personal circumstances of any individual. It is not intended as medical, nutritional, health, fitness, financial, legal, tax or other advice, for which you should seek appropriate professional advice. To the maximum extent permitted by law, we accept no liability in this regard.

Any failure or delay by us in exercising a right or remedy under these terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. If we partially exercise a right or remedy under these terms, we will not be prevented from any further exercise of the right or remedy or from exercising any other right or remedy.

These terms are between you and AIA Australia only and are not enforceable by any other person. Agreements and arrangements between us and our partners are personal to AIA Australia and the relevant partner, and are not enforceable by any AIA Vitality Member or any other person.

 

 

 

 

AIA Vitality Terms of Use

TERMS OF USE FOR THE AIA VITALITY WEBSITE, PORTALS AND ONLINE FACILITIES, APPLICATIONS, TOOLS, TESTS, INFORMATION, MATERIALS AND CONTENTS AND YOUR AGREEMENT WITH AIA

By using this website or accessing the Portals or online facilities, smart phone/tablet applications, tools, tests, information, materials and contents (together “this website”) or in any way or submitting your personal information through this website, you enter into an agreement with AIA Australia Limited, AIA Group Limited, AIA Vitality Company Limited and their affiliates, partners and subsidiaries (collectively, "AIA") and acknowledge and agree to be unconditionally bound by the following terms of use as amended from time to time ("Terms"), without limitation or qualification.

Please read these Terms carefully before using this website. You agree that these Terms may be revised at any time by posting amended Terms, and you will be deemed to have accepted any amended Terms by continuing to access this website and that you have been provided with sufficient notice of the amendments. You will be bound by any such revisions and should therefore periodically visit this page to review the revised Terms.

The current version of these Terms will apply each time you access and use this website. You also agree that AIA may terminate this agreement at any time, to the extent permitted by law. If you do not agree to all of the Terms, please do not continue to use this website.

If any of these Terms are found to be invalid or unenforceable at law, that invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.

Regardless of the platform, gateway, portal or mode of access you use to install, download or access the website, your cell phone provider may, depending on the type of contract you have, charge you for accessing this website or for any usage of this website (such as data charges, sms charges). AIA cannot be held responsible for these charges.

All information provided on this website is intended for use by residents of Australia. Persons residing outside of Australia use this website at their own risk, and should take into consideration the legislative requirements of their country of residence when accessing this website.

DISCLAIMER

To the fullest extent permissible at law:

(1) The information and materials on this website are provided "as is" and without warranties of any kind whether express, implied, statutory or otherwise, and AIA disclaims all warranties, whether express, implied, statutory or otherwise, including, but not limited to, warranties of merchantability, satisfactory quality, suitability and fitness for a particular purpose, title and non-infringement of third party rights;

(2) AIA does not warrant that the website or the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components; and

(3) AIA does not warrant or make any representations regarding the use or the results of the use of the information and/or materials on this website in terms of their correctness, accuracy, reliability, adequacy, completeness or otherwise. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all terms, exclusions and conditions applicable to the products, benefits and services, but are provided solely for general informational purposes. For complete details please refer to the actual policy, applicable terms and conditions of the products, benefits and services or the relevant product or services agreement. Nothing on this website shall constitute or be construed as legal liability, undertaking or admission by AIA in any way. AIA cannot guarantee correctness, accuracy, reliability, adequacy, completeness or otherwise of the information presented on the website and such information is subject to change without notice and may not be up to date.

All materials and content on this website is general information only and is not in any way intended to be medical, nutritional, health, fitness or other advice or as a substitute for such advice. It is not provided to promote or influence you to acquire any product or service. This website does not take into account your personal circumstances and is subject to change. You should obtain professional advice from a medical practitioner, pharmacist, dentist, nutritionist or other appropriate health professional in relation to your own personal circumstances or in relation to the diagnosis or treatment of any medical condition. If necessary, you should regularly consult with such a professional. Importantly, the results of any assessments or tools or this website cannot replace any advice a doctor or other health professional gives. You should not change or discontinue any assistance or treatment you may be receiving on the basis of information reflected on this website without first consulting your healthcare provider. Medicines you use for your physical or mental health may also affect the results of the assessments or tools. You should also seek professional advice immediately should any symptoms you may be experiencing persist or change.

Any information provided by your use of this website, and any assessments or tools will not be provided to the underwriting or claims departments of AIA Australia Limited. As a result, it will not be used in any future underwriting or claims decisions. As a consequence, under no circumstances will AIA Australia Limited be deemed to have knowledge of Vitality-related information in respect of its underwriting and claims functions. In accordance with your statutory duty of disclosure, you are still therefore obliged to disclose any information which may be relevant in the event of any future application for insurance cover (including increased or varied cover) or charges to existing insurance cover with AIA Australia Limited. For more information please see the AIA Australia Privacy Policy.

This website may contain links to other websites which are not maintained by AIA or may refer to a third party. AIA is not responsible for the availability, content, currency, reliability, correctness or accuracy of any content related to third parties (including information contained in other websites) or for the suitability (or otherwise) of such content for the needs of any person, and does not make any warranty expressed or implied, with respect to any content related to third parties (including the use of those websites). The inclusion of any link or reference on this website to such websites or any third parties does not imply approval of or endorsement by AIA of the websites or the content thereof or of the third parties, nor does it imply that the third party has approved or endorsed the content of this website. You acknowledge and agree that you access such websites and third party content at your own risk.

EXCLUSION AND LIMITATION OF LIABILITY

While AIA aims to use reasonable efforts to include accurate and up to date information on this website, errors or omissions may sometimes occur. To the maximum extent permitted by law, AIA makes no warranties or representations as to the currency, reliability, correctness, accuracy, adequacy or completeness of the content of this website and under no circumstances, including, but not limited to, negligence, shall AIA or any party involved in creating, producing, or delivering the website be liable to you for any direct, incidental, consequential, indirect, special or punitive damages, losses, liabilities, costs, expenses and/or consequences of whatsoever nature that result from or in connection with any access, the use of, or the inability to use, the materials on this website or reliance on the materials and/or any information on this website, any systems, server or connection failure, error, omission, interruption, delay in transmission, computer virus or any use of or access to any other websites linked to this website even if AIA has been advised of the possibility of such damages. To the maximum extent permitted by law AIA and its employees, agents and directors are not liable for any losses (whether direct or indirect) that you incur as a result of accessing or using this website. To the extent AIA’s liability or the liability of any of AIA’s employees, agents or directors cannot be excluded, to the maximum extent permitted by law, such liability is limited to the supply of the services again or the payment of the cost of having the services supplied again, and in no event shall AIA's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website.

AIA also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.

RESTRICTIONS

This website is owned and operated by AIA. Except as otherwise expressly permitted by AIA, no materials from this website or any website owned, operated, licensed or controlled by AIA may be copied, reproduced, republished, modified, stored in a retrieval system, used for creating derivative works, uploaded, posted, transmitted (by any form or by any means), distributed or used in any other way for public or commercial purposes. You may download material displayed on this website solely for your own use only, provided that you also retain all copyright and other proprietary notices contained on the materials and this website. You may not distribute, modify, transmit, reuse, repost, or use the content of this website, for public or commercial purposes, including the text, images, audio, and video, without AIA's express written permission.

You shall not use this website for any purpose that is unlawful or prohibited by the Terms. Additionally, you shall not: (i) use the website in any manner that could damage, disable, overburden or impair this website, online facilities or its network; (ii) attempt to gain unauthorized access to this website, accounts, computer systems or networks connected to the website, through hacking, password mining or any other means; (iii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (iv) publish, post, upload, distribute or disseminate any topic, name, material or other information that incites discrimination, hate or violence towards one person or a group because of their belonging to any race, religion or nation; (v) upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents to do the same; (vi) use any material or information, including images or photographs, which are made available on the website in any manner that infringes any intellectual or other proprietary right of any party; (vii) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted file or any other similar software or programs that may damage the operation of another’s computer or property of another; (viii) use meta tag searches on the website; (ix) advertise or offer to sell or buy any goods or services for any business purpose, unless such AIA’s communication facilities specifically allow such messages; (x) download any file posted by another user that you know, or reasonably ought to know, which cannot be legally distributed in such manner; (xi) falsify or delete any author attributes, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (xii) violate any code of conduct or other guidelines which may be applicable for any particular communication facilities; (xiii) harvest or otherwise collect information about others; (xiv) violate any applicable laws or regulations; (xv) create a false identity for the purpose of misleading others; (xvi) use, download, copy or provide (whether or not for a fee) to a person any directory of users of this website or other user or usage information.

AIA reserves the right to review materials posted using the online facilities and to remove any materials at any time in its sole discretion. AIA reserves the right to terminate your access to any or all of the website at any time, without any notice, for any reason whatsoever. AIA also reserves the right to disclose any information deemed necessary to comply with any applicable law, regulation or legal process, or to edit, remove, or refuse to post any information or materials at its sole discretion.

AIA neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties.

You are entirely responsible for maintaining the confidentiality of your own passwords and account details. You are also entirely responsible for any transactions or activities that occur under your account, regardless as to whether such transactions or activities were made with or without your knowledge or authority. AIA shall not be liable for any damage, loss or other liability incurred by you arising from any transactions of any kind whatsoever resulting from the unauthorized use of accounts and passwords by any third parties. However, you may be held liable for any damage, loss or other liability incurred by AIA for any wrongful use of your account and/or password. You shall report to AIA immediately if you know or have reason to suspect that the security of your password and/or account may have been compromised or used by another person without authority.

You must only access or use this website and any content on this website for lawful purposes and in accordance with your agreement with AIA. In accessing or using this website or otherwise accessing or using the content you must not:

  • infringe the rights (including intellectual property rights) of any other person;
  • do anything that is unlawful, threatening or obscene;
  • harass or incite hatred of any other person or restrict another person from using or enjoying this website;
  • interfere with the operation of this website or any infrastructure used to make this website available;
  • do anything that would result in us needing to compensate another person at law or at the direction or recommendation of a regulator.

By accessing or using this website you consent to any personal information you upload to this website or otherwise provide to AIA and to Discovery Holdings Limited, the Discovery Group of Companies, all its and their affiliates and subsidiaries and developers, using this website being used and otherwise dealt with in accordance with our AIA Australia Privacy Policy. You understand and agree that without such information, AIA and Discovery Holdings Limited, the Discovery Group of Companies, all its and their affiliates and subsidiaries may not be able to deal with you, or provide you with a product or service.

INDEMNITY

You hereby agree to fully indemnify, defend and hold harmless AIA, its employees, officers, staff, agents, advisers and directors from and against any and all damages, losses, liabilities, costs and expenses (including full legal costs on a solicitor-client basis) suffered by AIA arising from or in connection with: (i) your access to or use of any aspect of this website; (ii) any other party’s access to or use of this website and/or online facilities using your account and/or password; or (iii) your breach of any of these Terms; (iv) any other party’s breach of any of these Terms where such party was able to access or use this website and/or online facilities using your account and/or password; (v) your infringement of the rights (including the intellectual property rights) of another person.

EVIDENCE OF TRANSACTIONS

AIA’s own records of the transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. Your use of your account and/or password to access or use this website and/or online facilities including access to your policy records and our on-line services will be recognized as your electronic signature and will be legally binding. You accept that electronic records will be admissible as original documents in any court of law and agree that you will not challenge or dispute the accuracy or authenticity of such records.

NO WAIVER

No failure or delay by AIA in exercising or enforcing any right or option under these Terms shall operate as a waiver of it or limit, prejudice or impair AIA’s right to take any action or to exercise any right against any person or render AIA responsible for any loss or damage arising therefrom or in connection thereto.

SEVERABILITY

The invalidity, unlawfulness or unenforceability of any provision in these Terms in any respect under applicable law shall not affect the validity, legality or enforceability of the remaining provisions hereof.

JURISDICTIONAL ISSUES

Unless otherwise expressly set forth herein, AIA makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws.

Except as expressly set forth herein the information contained on this website is not an offer to sell or a solicitation to buy any security, insurance product or other product or service by AIA. No security, insurance product or other product or service is offered or will be sold by AIA or, if sold by AIA, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.

OWNERSHIP OF INFORMATION

Any information that you transmit to AIA via this website, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of AIA. Such information may be used for purposes, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. AIA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to AIA via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. Additionally, AIA may in its absolute discretion, reveal or release personal data obtained by or through this website, its online facilities or services, to third parties where required or necessary. To the fullest extent permitted by applicable law, you waive all applicable rights you may have in any information you transmit to AIA via this website or otherwise, for the purposes of this section of the Terms. You agree that you waive and will not enforce any and all moral rights that you may have presently or in the future in relation to any content you transmit, contribute or publish via this website or otherwise.

COMMUNITY GUIDELINES

Individuals may use the AIA Vitality community as a Guest. AIA Vitality community allows you to find out more information about health and wellbeing and to access some tools that can help you to with your health goals.

In addition to the above terms, if you use this website as a Guest of AIA Vitality community.

  1. You are required to be 18 years of age to register on this website.
  2. As part of this community aspect, you may post your personal opinions, messages and ideas to the website and to the discussion forums available on the website.
  3. However, you undertake not to post content to the website that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful, or which AIA regards as inappropriate, and you accept that AIA may remove this content from the website.
  4. You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content from the website to AIA, and AIA may correct and/or remove such content or any part thereof if it feels that it is appropriate to do so.
  5. AIA does not editorially control, filter or read your postings on the website on an ongoing basis, and you acknowledge and agree that AIA shall not be responsible, in any way, for any user postings. You also agree to indemnify AIA against any liability, claim, damage or loss of whatsoever nature that may result from your posting(s) to the website.
  6. You accept that the community aspect is integral to the website and to the AIA Vitality community concept, and agree to respect and abide by these community guidelines at all times when accessing or using the website, and to interact and engage with fellow users with equal respect and dignity.
  7. Please note that as a user of any of our community websites, you determine who will have access to your personal information when you invite them to view you profile. AIA cannot be responsible for any consequences that may result from access that you may have provided to any individual.

INTELLECTUAL PROPERTY

AIA reserves all rights, including intellectual property rights, trademarks, service marks, trade names, company names, logos, icons, slogans, copyrights, domain names, patents, design rights, utility models, database rights, know-how, trade secrets and all other intellectual or industrial property rights including, where such rights are obtained or enhanced by registration, any registration of such rights (including the right to apply for such registrations) and applications therefore (including the right to claim priority)), text, collations, images, logos, source code and data relating to this website, and any contents of this website are the property of, or licensed to, AIA. Other than as expressly set out in these Terms and except as permitted by applicable law, nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such intellectual property rights without the written express permission of AIA or the relevant licensors or owners of such intellectual property rights. Your use of such intellectual property rights, or any other content on this website, except as provided herein, is strictly prohibited. You agree that you will not acquire any rights (including intellectual property rights) in any content or information in this website, except to the extent expressly provided in these Terms.

You agree that all rights (including intellectual property rights) in any content that you create, contribute to or upload to the website, will vest in AIA immediately when such rights arise. You agree to provide any assistance to AIA necessary for AIA to assume control and ownership of those rights.

You may use, view and download the information on the website for your personal non-commercial use only. Without AIA’s express written permission, you may not otherwise use the content on the website or exploit any of the content for any purpose, including a commercial purpose.

You may not link to any of the content on the website from another website (including by way of a deep or inline link) or frame any of such content on another website.

SOFTWARE LICENSES AND APPLICATIONS

To the extent that any software or applications is made available or provided to you on this website, AIA grants you a non-exclusive, limited and personal license to download and use the software or applications for your own personal, non-commercial use only. No other rights to the software or applications are granted. All rights including intellectual property rights in the software or applications remain the property of AIA or the relevant licensors or owners of the software and, except as permitted by law, you may not reverse engineer, decompile, modify or tamper with the software or applications.

When you install or download any software or applications, you may be required to accept the terms or the end user licence agreement of a third party supplier or vendor. While the end user licence agreement is independent from these Terms and establishes a separate legal relationship which you are bound by, you agree that, the end user licence agreement will apply to your use of the software or applications.

SECURITY REMINDER

While there is inherent risk in doing business with anyone over a public medium like the Internet, we have implemented measures to reduce these risks. In order to safeguard and protect your privacy, the secure site utilizes advanced security techniques, which require Internet Explorer 6.0 or Mozilla Firefox 3.0 or above.

GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the state of Victoria, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia. AIA reserves any rights not expressly granted in these Terms.

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