Privacy Policy
1. Introduction
This document sets out the privacy policy of Joshua Yan Ho Chan ABN 53256117219 (referred to in this privacy policy as ‘we’, ‘us’, or ‘our’). For the purposes of applicable data protection law, (in particular, the Privacy Act 1988 (Cth), the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) and the UK Data Protection Act 2018), your data will be controlled by us.
This privacy policy applies whenever we collect your personal information and/or personal data (your personal data). This includes between you, the visitor to this website (whether directly as our customer or as personnel of our customer), and us, the owner and provider of this website and also where we are directed by a third party to process your personal data (if applicable). This privacy policy applies to our use of any and all data collected by us or provided by you in relation to your use of the website, our mobile application ‘Josh’s Food Journal’ (in these terms, we refer to as the ‘App’) and the provision of any other services to you.
We take our privacy obligations seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data in connection with your use of our website. It also explains your rights in relation to your personal data and how to contact us or a relevant regulator in the event you have a complaint.
2. Types of Personal Information We Collect
The types of personal information we collect or process will depend on how you use the App, our Website and any related services.
The types of personal information we may collect or process include:
- contact information, such as your name, email address, phone number and other contact details;
- age;
- date of birth;
- account, subscription and transaction information, such as your subscription status, transaction identifiers, device-generated identifiers, usage counters and related technical information;
- sensitive information (such as health information) as set out below;
- information about your business or personal circumstances;
- information in connection with any client surveys, questionnaires and promotions you participate in;
- where we use analytical cookies, your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
- information about third parties; and
- any other information provided by you to us via this website, in the course of us providing services to you, or otherwise required by us or provided by you.
Please note that the App is designed so that certain information entered into, generated through, or accessed by the App is stored on your device by default and is not generally visible to us. This may include food journal entries, nutrition logs, goals, notes, preferences, Apple Health information and wearable data, unless you choose to submit that information to us, use a feature that requires cloud-assisted processing, or enable syncing or other third-party services.
3. How We Collect Personal Information
3.1 General
We endeavour to ensure that information we collect is complete, accurate, accessible and not subject to unauthorised access.
3.2 How We Collect Information From You
We may collect personal data either directly from you, or from third parties, including where you:
- contact us through our website;
- use the App or provide information through App features;
- purchase, manage or enquire about a Subscription;
- communicate with us via email, telephone, SMS, social applications (such as LinkedIn or Facebook) or otherwise;
- engage us to perform services to you;
- when you or your organisation offer to provide, or provides, services to us;
- interact with our website, social applications, services, content and advertising; and
- invest in our business or enquire as to a potential purchase in our business.
3.3 Information Collected or Processed Through the App
The App may collect or process information that you enter into, generate through, or allow the App to access. This may include information stored on your device, information synced through Apple’s iCloud services if you enable those services, and information processed through specific App features such as Apple Health, label scanning or AI-assisted processing. AI-assisted processing may occur on your device, through Apple’s Private Cloud Compute, or through third-party cloud processing providers, as described in clause 3.6.
Where information remains stored on your device, or within your own Apple/iCloud environment, it is not generally visible to us.
3.4 Information From Third Parties and Service Providers
We may collect or receive personal information from third parties and service providers where this is necessary to operate the App, our Website or our business. This may include information from Apple in connection with App Store subscriptions, purchase verification, diagnostics and Apple’s Private Cloud Compute, and technical information processed by service providers such as Cloudflare, Google/Gemini or OpenAI where such relevant features are used.
3.5 Website Data, Cookies and Tracking Technologies
- Our Website is hosted using Cloudflare Pages. We may use Cloudflare Web Analytics to understand basic Website usage and performance, such as page views, visit information, browser type, device type, approximate location and other technical or network information. You can view Cloudflare’s terms here: cloudflare.com/en-au/website-terms.
- Cloudflare Web Analytics is designed to provide privacy-focused analytics and does not use cookies or similar browser storage technologies to collect usage metrics. We do not use third-party advertising cookies or analytics tools for advertising or user profiling.
- Cloudflare may also process technical, network and request information as part of providing hosting, security, performance and analytics services for the Website.
- If we introduce cookies, advertising analytics or similar tracking technologies in the future, we will update this Privacy Policy and, where required, provide appropriate notice or obtain your consent.
3.6 AI-Assisted Processing
- Some App features, such as label scanning, are designed to run on your device wherever possible. Where a feature requires more processing than your device can provide, your request may be sent for cloud-assisted processing.
- Where your device and operating system support it, those requests are routed to Apple’s Private Cloud Compute. Apple has designed Private Cloud Compute so that the information sent for processing is used only to fulfil your request, is not retained after the request is completed, and is not accessible to Apple or to us. You can read Apple’s description of Private Cloud Compute here: security.apple.com/blog/private-cloud-compute.
- Where Private Cloud Compute is not available, your request may instead be processed by our third-party cloud processing providers, currently Google/Gemini or OpenAI, accessed through Cloudflare.
- Only the information needed for that particular request is sent for cloud-assisted processing, such as the label image or text you are scanning, together with technical and usage metering information. Your food journal entries, nutrition logs, goals and Apple Health information are not sent as part of these requests.
- Which processing path is used depends on your device, your operating system version, the feature you are using and regional availability, and may change over time. If we materially change the providers or processing arrangements described in this clause, we will update this Privacy Policy.
4. Use of Your Personal Information
4.1 Primary Purpose
We collect and use personal data for the following purposes:
- to provide, operate and support the App, our Website and any related services;
- for record keeping and administrative purposes;
- to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
- where we have your consent, including to send you marketing and promotional messages and other information that may be of interest to you. You can opt-out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
- for our legitimate interests including:
- to develop and carry out marketing activities and to conduct market research and analysis and develop statistics;
- to improve and optimise our service offering and customer experience;
- to send you administrative messages, reminders, notices, updates and other information requested by you;
- to consider an application of employment from you; and
- the delivery of our services.
4.2 Secondary Purpose
We may also use your personal information for:
- secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use;
- any other purpose for which we receive consent from you; or
- any other purpose which is permitted or required under applicable privacy laws.
5. How We Disclose or Share Your Data
We may share your personal data in certain circumstances, as follows:
- service providers who help us operate the App, our Website and related services, including hosting, infrastructure, security, payment, usage metering and cloud-processing providers, including Apple’s Private Cloud Compute as described in clause 3.6;
- disclosures required by law or regulation; and
- other affiliated third parties to enable us to provide our services to you including other professional advisers such as accountants, disaster recovery service providers or auditors and/or overseas counsel.
We do not sell your personal information. Furthermore, we do not disclose Apple Health data, food logs, goals, recipes, or meal data, or other App-related data to third parties for advertising or user profiling purposes.
We will not otherwise disclose your personal information unless:
- you have consented to us disclosing your personal information for particular circumstances;
- as needed in an emergency or in investigation suspected criminal activity;
- we are required to disclose under a subpoena, court order or other mandatory reporting requirements;
- we reasonably believe that disclosure of your information is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;
- it is reasonably necessary for the establishment, exercise or defence of a legal claim; or
- it is otherwise authorised or required by law.
6. Sensitive Information
6.1 Collection of Sensitive Information
We may collect or process sensitive information about you where you choose to provide that information to us, enter it into the App, allow the App to access it, or use App features that involve health-related information.
The type of sensitive information we may collect include:
- health information entered into or generated through the App, including nutrition data, food logs, nutrition goals, meal window times, supplement information, notes and related self-tracking information;
- health or fitness information made available through Apple Health or wearable devices (where you choose to grant the App permission to access that information), including activity data, sleep data, workouts, weight and related health metrics;
- information contained in nutrition labels, label images or related information submitted through label scanning or AI-assisted processing features; and
- any other sensitive information you choose to provide to us, submit through the App or include in communications with us.
The App is designed so that much of this information is stored on your device by default and is not generally visible to us, unless you choose to submit it to us, request support, use a feature that requires third-party or cloud-based processing, or enable syncing or other third-party services.
Please note that if you choose to enable iCloud syncing, backup or related Apple services, your App data may be synced, backed up or stored through Apple iCloud, CloudKit or other Apple services. Those services are subject to your Apple account settings and Apple’s applicable terms and privacy policies. Where iCloud sync is enabled, your iCloud-synced App data remains within the Apple/iCloud environment and is not generally accessible or visible to us unless you choose to share that information with us, such as when requesting support.
6.2 How We Use Your Sensitive Information
Your sensitive information will only be used for the purpose of:
- responding to your queries;
- providing you with our goods and services;
- security purposes;
- complying with our legal, regulatory and ethical obligations, resolving disputes or enforcing our agreements with you;
- sending you messages, reminders, notices, updates, security alerts, and other information requested by you; or
- any other purpose which is permitted or required under applicable privacy laws.
6.3 How We Disclose Your Sensitive Information
If you consent, your sensitive information may only be used and disclosed for purposes relating to providing you with our services or any other purpose which is permitted or required under applicable privacy laws.
6.4 How You Can Withdraw Consent
If you wish to withdraw your consent to our collection, use or disclosure of your sensitive information, please contact us using the contact details set out below. We will deal with all such requests within a reasonable timeframe.
7. Marketing
We may at times send you marketing communications which will be done in accordance with the Spam Act 2003 (Cth) (Spam Act).
If we do, we may use email, SMS, social media, phone or mail to send you direct marketing communications.
Where consent is needed, we will ask you for your consent before sending you marketing communications, except where you:
- have explicitly opted-in to receiving email marketing from us in the past; or
- were given the option to opt-out of email marketing when you initially signed up for one of our platforms and you did not do so.
You can, at any time, opt out of receiving marketing materials from us by using the opt-out facility provided (e.g., an unsubscribe link on emails we send you) or by contacting us via the details provided at the end of this privacy policy. We will implement such a request as soon as possible, however, cannot guarantee that such a response will be immediate.
8. Security
We take reasonable steps to ensure your personal data is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal data.
9. Links
Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
10. Your Rights
You have various rights with respect to our use of your personal data:
- Access: You have the right to obtain access to your information (if we’re processing it) and certain other information (similar to that provided in this privacy notice). This is so that you’re aware and can check that we’re using your information in accordance with data protection law.
- Be informed: You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this privacy policy.
- Rectification: We aim to keep your personal data accurate, current, and complete. We encourage you to contact us using our contact form to let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up-to-date.
- Objecting: You also have the right to object to processing of your personal data in certain circumstances, including processing for direct marketing.
- Restricting: You have the right to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further.
- Erasure: You have the right to ask us to erase your personal data when the personal data is no longer necessary for the purposes for which it was collected, or when, among other things, your personal data have been unlawfully processed.
- Portability: You have the right to request that some of your personal data is provided to you, or to another data controller, in a commonly used, machine-readable format.
- Withdraw consent: If you have given your consent to anything we do with your personal data, you have the right to withdraw your consent at any time. This includes your right to withdraw consent to us using your personal data for marketing purposes.
You may, at any time, exercise any of the above rights, by contacting our email address provided below.
11. How Long We Keep Data
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We will securely destroy your personal data in accordance with applicable laws and regulations.
If you would like further information about our specific retention periods for your personal data, please contact us using our email address provided below.
12. Transfers Outside the European Economic Area (‘EEA’)
To provide our services, we may transfer the personal data we collect to countries outside of the UK or EEA which do not provide the same level of data protection as the country in which you reside and are not recognised by the European Commission as providing an adequate level of data protection.
When we do this, we will make sure that it is protected to the same extent as in the EEA and UK as we will put in place appropriate safeguards to protect your personal data, which may include standard contractual clauses.
For more information, please contact us at our email address provided below.
13. Complaints
If you wish to complain about how we handle your personal data, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable time.
For personal data which is subject to the GDPR, you have the right to lodge a complaint with the local regulator in your jurisdiction in Europe if you do not feel we have adequately upheld your rights under GDPR.
If you are located in Australia, you have the right to contact the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au/contact-us if you believe that your data has not been handled in accordance with the law.
If you are located in the United Kingdom, you have the right to contact the Information Commissioner’s Office (ICO) at ico.org.uk if you believe your data has not been handled in accordance with the law.
14. Contact Us
For further information about our privacy policy or practices, or to access or correct your personal data, or make a complaint, please contact us using the details set out below:
Name: Josh Chan
Email: hello@joshfoodjournal.com
We may change this privacy policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy. Where we make any significant changes, we will endeavour to notify you by email.