LiveUp

Website Terms of Use

The following terms and conditions ("the Terms and Conditions") apply to your use of the LiveUp Services and to any other correspondence that you may post LiveUp Services or send via email in response to a request for information on the Site. Please note that agreeing to these terms and conditions of use incorporates your use of the LiveUp Services which includes services from ADL Smartcare Limited's, such as the LifeCurve. If you disagree with any part of these terms and conditions, please do not use our services(s). The use of the LiveUp Services, websites and apps is subject to the following terms of use:

Definition

“LiveUp (ILA)” refers to Independent Living Assessment, Level 1/76 Hasler Rd, Osborne Park WA 6017, Australia who operates the National Website https://www.liveup.org.au and Support Website https://support.liveup.org.au.
"ADL Smartcare Limited" whose registered office is ADL Smartcare Limited, Electric Works, Sheffield Digital Campus, Sheffield, S1 2BJ, United Kingdom (registered in England and Wales, and registration no. 04456225) operates the sub domains https://lifecurve.liveup.org.au (LifeCurve Website) and https://login.liveup.org.au (Account Website).
“LiveUp Services” or “Service” includes all services from LiveUp (ILA) and ADL Smartcare Limited as defined above.
The term "You" refers to the user or viewer of the LiveUp (ILA) services.
The term “Our” or “We” or “Us” refers to LiveUp ILA and ADL Smartcare Limited.

Use of LiveUp services

The content of the LiveUp Services is for your general information and personal use only. You have to be aged 16 years or older to use this service. It is subject to change without notice.
The LiveUp Services use cookies to monitor browsing preferences. If You do allow cookies to be used, the following anonymised information may be stored by us for use by third parties:
Your location, how You got onto the service and what You click on whilst using the Service are all stored by Google Analytics or Google Tag Manager. We use this information to make sure the Services meet the needs of every visitor and to help us make improvements.
You can learn about the cookies we use by viewing our Cookie Policy.
Unauthorised use of the Services may give rise to a claim for damages and/or be a criminal offence.
You may print and download material for personal use from the Services provided that You do not modify or reproduce any content without Our prior written consent.

Privacy Policy

We take the security of your information seriously. We will process all personal data transmitted to the Site in accordance with Australian Privacy Principles and in line with our Privacy Policy which is compliant with the GDPR and Australian Privacy Act 2020.
Please note that the Privacy Policy will not cover any third-party websites to which we may provide links with the website.
Contact the LiveUp (ILA) Privacy Officer regarding the processing of your personal data.
To contact the ADL Smartcare Ltd Privacy Officer regarding the processing of your personal data, please email privacy-aus@adlsmartcare.com .
Please review of full Privacy Policy for more information.

Ownership of intellectual property

The copyright of the LiveUp Services in its text, designs, graphics, arrangement and compilation of data belongs to LiveUp (ILA) and ADL Smartcare Limited and/or Our holding company or companies, subsidiaries, third party providers and distributors.
The Services are protected by the Australia Copyright Act 1994, International Copyright treaties, Pending Patents and the European Database Directive.
The trade marks, logos and service marks displayed on the Services (collectively, the "Trade Marks") include registered or unregistered trademarks belonging to LiveUp (ILA) and ADL Smartcare Limited , Our affiliates, and various third parties. All trademarks reproduced in this Service which are not the property of, or licensed to, the operator are acknowledged on the Service.
Nothing contained on in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks without the written permission of the owner of the trade marks.
Neither the LiveUp Service, nor any part of it may be reproduced, adapted, stored in a data storage or retrieval system or transmitted in any form or by any means without Our prior written permission, except as expressly permitted by law.
You are not permitted to:
- alter or modify the documents or graphics, designs, arrangement and compilation of data;
- delete text from graphics;
- use any logos or Trade Marks belonging to LiveUp (ILA) and ADL Smartcare Limited and/or Our holding company or companies, subsidiaries, third party providers and distributors.
- any information which is marked as belonging to a third-party owner, may not be copied without the permission of the owner of the copyright.
If You transmit or post any information on the Service, it will be considered non-confidential and non-proprietary (with the exception of personal data) and may be used freely by Us for all commercial and non-commercial purposes.
If you wish to use the LiveUp logo in association with events or publications in a way that implies endorsement, partnership or authorship, you must obtain our written permission and agreement on how the logo will be used. If permission is granted, it is only granted for the specific event/product requested; usage with another event/product requires a new request. Please send your request to general@ilaustralia.org.au .

Social media platforms

Communication, engagement and actions taken through external social media platforms that this LiveUp Service and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. The LiveUp Services nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone, email or chatbot.
This Services may use social sharing buttons which help share content directly e.g. from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

Links to and from other websites or services

The LiveUp Services provides links to other Websites. These links are provided for Your convenience to provide further information. They do not signify that We endorse the Website(s). We have no responsibility for the content of the linked Website(s).

Site uptime

All reasonable measures are taken by us to ensure that LiveUp Services are operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly We will not be liable if the Service is unavailable at any time.
We reserve the right to temporarily suspend the LiveUp Service in the event of maintenance, repair or for any other reason, where it is considered necessary by us.
Where possible We always try to give advance warning of maintenance issues that may result in LiveUp Services down time but We shall not be obliged to provide such notice.

Disclaimer

Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the LiveUp Service for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on the LiveUp Service is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through the Service meet Your specific requirements.
You are solely responsible for paying all expenses you may incur when you access or use the LiveUp Services or access or download content for personal use, including your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use LiveUp Services. We are not responsible if your equipment or software is not compatible with any LiveUp Service.

Exclusion of liability

We and any other party involved in creating, producing, maintaining or delivering the LiveUp Service, exclude all liability and responsibility for any loss or damage that may result to You or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, contract or otherwise) which arises out of or is in any way connected with:
- any use of the LiveUp Service or content found herein,
- any failure or delay (including, but not limited to the use of or inability to use any component of the LiveUp Service for advice or service booking), or
- the performance or non-performance by Us or any third-party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party.
If, notwithstanding the foregoing, We should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the LiveUp Service or its content, Our liability shall in no event exceed, in the aggregate the cost incurred of the advice, product or service.
We also exclude liability for the use or inability to use the LiveUp Service or any materials on it, or any services or websites linked to the LiveUp Services.
Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of Australia.

Law and jurisdiction

These terms of use are governed by and construed in accordance with Australia Law. Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of Australia.

General

The Terms and Conditions may be updated as requested by Us.
You may not assign or transfer any rights or obligations under the Terms and Conditions. We may assign or transfer any rights or obligations to any third party.
Headings are inserted for Your convenience and shall not affect the interpretation of the Terms and Conditions.
If any part of the Terms and Conditions are found to be invalid, unenforceable or illegal, the other provisions shall remain in force.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms and Conditions.
Reference to any statute or statutory provisions includes a reference to the statute or statutory provision as from time to time amended, extended or re-enacted.
Any action You bring against Us pertaining to or in connection with the LiveUp Service must be commenced and notified to Us in writing within one (1) year after the date the cause for action arose.

Privacy Notice

LiveUp services are provided by Independent Living Assessment Incorporated T/A. LiveUp who operates this national website have also commissioned additional services within LiveUp from ADL Smartcare Limited who operate the sub domain LifeCurve™ website and Account website. This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our service and the choices you have associated with that data.

Overview

The LiveUp site and associated services including LifeCurve™ helps people access specific information and advice to improve their independence and live life better, for longer. We take the responsibility of looking after personal data very seriously and this Privacy Policy explains what personal information we collect and process. The collection of personal data is covered by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, including the Australian Privacy Principles (APPs) in Australia and the UK General Data Protection Regulation (GDPR), which sets out clear rules for organisations holding personal information and the rights of individuals whose personal information is held by them. We have developed our systems and processes to ensure that we comply or exceed with these standards and obligations.

Privacy Policy Summary

LiveUp collects, holds, uses and discloses personal information for a number of purposes including:

To be able to identify our service users
To communicate with our service users about our services
To provide services to our service users
To evaluate and improve our services
To meet statistical and reporting requirements.

What information do we collect about you?

LiveUp may request personal and sensitive information from you, in order to provide you with specialist services. Your consent will be sought before any information is collected and held by Independent Living Assessment Incorporated or ADL Smartcare Limited. If you are not able to provide us with the personal information we have requested, this may prevent us from being able to assist you fully or provide you with the specialist services you are seeking from our organisation.

How do we collect personal information?

LiveUp will attempt to collect your personal information from you directly (for example, over the phone, via email or in person if you visit us in person). Sometimes it may be necessary for us to collect your personal information from a third party (for example, your carer, family member, health professional or general practitioner), but only with your consent.

Providing Independent Living Assessment with personal information about someone else.

If you are making an enquiry or referral on behalf of another person, then you should only do so if you have their consent to provide us with their personal information. Please share this Privacy Statement with the person concerned, and ensure you have their consent, prior to sharing their personal information.

Personal information

To register for this service, you are required to create a Login with LifeCurve™ account, which is a single sign on service for all LiveUp services e.g. you can log into the LifeCurve™ app and the LiveUp website with the same account. To register we require your given name(s), family name, post code, age, gender and ethnicity, country and an email address. Following a LifeCurve™ assessment, your current ageing position on the evidence based LifeCurve™ will be saved and your answers to the questions, such as the ability to cut your toe nails will be saved. Tasks you save to complete at a later date such as reactivation exercises and actions relating to those activities such as completing or removing a task from your saved items will also be saved.

Personal Information Legal Basis - Explicit Consent

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

Personal Information Legal Basis - Explicit Consent

When you register for the service, you provide consent for LiveUp to use your non-identifiable data for the purposes of ethical research into ageing and healthy ageing at ADL Smartcare Limited's research base in Newcastle, United Kingdom. Identifiable data will remain within the Australia compliant infrastructure. Your anonymised information will be protected in the United Kingdom to the same standard as it is in Australia. The resulting research will support further improvements in the LifeCurve™ framework, which is used by people around the world to improve their ageing.

Communication and promoting a secure service

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

Communication Legal Basis – Legitimate Interest

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

Analytics and navigation

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

Analytics and navigation Legal Basis – Legitimate Interest

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

Special category data

The LifeCurve™ collects and stores your LifeCurve™ position, past LifeCurve™ positions and also any interaction you have with the tasks. To use this service and store your data against your account, you expressly give your consent for the processing of your personal and special category data.

Personal Information Legal Basis – Explicit Consent

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

Support Healthy Ageing across Australia with the Australia National LifeCurve™ Research Partnership.

Our users are proud to support the Australia National LifeCurve™ Research Partnership's research into improving ageing across Australia.

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

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

Australia National Research Partnership for LifeCurve™ operations

The information we collect, including your personal information, will be stored within Australia on compliant computer infrastructure in Australia, as agreed with the Australian Commonwealth Department of Health.

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

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

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

If you have any questions about the National LifeCurve™ Research Partnership you may contact the Privacy Officer at LiveUp.

The Privacy Officer for LiveUp can be contacted at support@LiveUp.org.au

The anonymised data we process

This research may include basic information such as your LifeCurve™ level, ethnicity, age and gender. It is possible that future research could one day help people in the same groups as you. Research protocols and a review by an ethics committee will help manage potential risks on how the anonymised data is used.

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

Personal Information Legal Basis – Explicit Consent

During registration you have the option to provide consent for the National LifeCurve™ Research Partnership to use your non-identifiable LifeCurve™ data to support future research, aimed at improving ageing. Independent Living Australia Incorporated is part of this partnership with ADL Smartcare Limited. The anonymised data will be used for unspecified future research into healthy ageing with aims that can include improving the wellbeing, ageing and health outcomes of individuals. No identifiable data will be used.

You can opt out at any time by contacting the Privacy Officer for LiveUp at support@LiveUp.org.au

How we use your information

We use the information we collect for the following purposes:

Maintain and provide you with an effective service

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

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

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

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

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

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

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

Communicate with you

We use your information when we need to send you service notifications and respond to you when you contact us. We also use your information to promote new features or products that we think you would be interested in.

Promote security and safety

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

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

Your rights to access and control your personal data

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

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

You can exercise a number of rights regarding your data by contacting the Privacy Officer.

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

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

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

Also, note that you have the right to lodge a complaint with the Australia Office of the Privacy Commissioner, UK Information Commissioner's Office or the supervisory authority in your country of residence or place of work.

You are not required to provide personal data to us however, your failure to do so may affect our ability to provide some of the services you may request. For example, we are unable to save an assessment if you do not open an LiveUp or LifeCurve™ account.

Data retention

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

Information security

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

Breaches of your privacy

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