We’re committed to protecting the privacy of all individuals that provide Personal Information to us, including the data recorded by customers in hikuna.com that relates to their clients or patients. This Privacy Policy explains how we collect, protect, use and share personal information.

We may review and change this policy from time to time. When we do, we'll update this version located at https:// hikuna.com/policies/privacy and notify our customers within hikuna.com, and in other suitable places.

Personal Information we collect

We collect personal data in a couple of different ways—directly and indirectly.

Personal Information we collect directly from you

We directly collect Personal Information if you send an enquiry to us from our website, use Hikuna.com, or get in touch with us by chat, email, or phone. We may also collect some Personal Information if you engage with us through social media.

This information can include your name, gender, date of birth, country of birth, addresses, telephone numbers, email addresses, and credit and banking details.

We do not directly collect any special categories of personal data about you. This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data. Nor do we collect any information about criminal convictions and offences.

Personal Information we collect indirectly

We indirectly collect Personal Information when someone uses Hikuna.com to record data about someone other than themselves. A typical scenario would be when a healthcare professional records information about a patient.

This information can include names, genders, dates of birth, countries of birth, residential addresses, telephone numbers, email addresses, a person’s emergency contacts, health insurance numbers, and patient treatment notes and records. This can include sensitive information such as health records.

• Browser and hardware data, such as IP address, type of device, operating system, browser type, screen resolution, language, device make and model, as well as the versions of the above mentioned services.
• Cookie and tracking technology data, which would include pages visited, time spent on pages, language preferences, and other anonymous traffic data.
• Transaction data, including details about your Hikuna.com subscription, payment dates, and renewal dates.

How this information is used

Generally speaking, the Personal Information we collect is used by us to operate Hikuna.com.

The Personal Information we collect about our own Customers is mostly used for billing, identification, authentication, and for contacting them if we need to.

We may, with consent, use email addresses to share news, tips, updates and special offers. People who receive these promotional emails can unsubscribe at any time.

Our use of data collected in Hikuna.com by a business or practitioner that is Personal Information relating to third parties is limited to providing support and technical assistance to our Customers.

We may use other data for a range of different purposes, provided we comply with applicable law and our contractual commitments. In some countries (for example, European Economic Area countries), local legal regimes may require us to treat some or all of other data as “personal data” under applicable data protection laws. Where this is the case, we will process other data only for the same purposes as “personal data” under this Privacy Policy.

Other ways we may use your Personal Information:

• To deliver customer service and assist you with any inquiries you may have.
• To analyze trends, administer or optimize Hikuna.com, monitor usage or traffic patterns (including to track users’ movements around Hikuna.com) and gather demographic information about our user base as a whole.
• To control unauthorized use or abuse of Hikuna.com—or otherwise detect, investigate or prevent activities that may violate our policies or be illegal.

How information is disclosed

Except as described in this Privacy Policy, Hikuna.com will not share, sell, or rent Personal Information with anyone without your permission or unless ordered by a court of law.

We work with third-party services in Australia and the USA (such as our web host, data backup and payment provider) that we allow access to Personal Information, and may use it on our behalf strictly for the purposes for which they are engaged. We minimize the amount of personal data that is utilized by these services.

In rare circumstances, we may be obliged to disclose Personal Information if disclosure is required to comply with the law, if we believe our Terms of Service, located at https://www.hikuna. com/policies/terms, have been violated, if we believe it is necessary to protect our rights, or if the ownership and assets of Hikuna.com was to be transferred to another party.

The security of your Personal Information

We take security seriously. Data is encrypted, stored in state-of-the-art facilities, access is restricted to those who have a need to know, and we regularly review our technology to maintain security.

In the event that there is a breach and your Personal Information that we have collected directly is at risk, you will be notified within 72 hours of discovering the breach. You will be informed of what information is at risk, steps that we have taken to ensure your safety, and what action we are taking or have taken to rectify the breach. To the extent permissible at law, in the event that there is a breach and indirectly collected information is at risk, we will follow the same protocol, however the affected Customers (rather than the individuals) will be notified instead.

Access, correct or delete Personal Information about you

You can request access to the Personal Information you have provided to us, via email to privacy@hikuna.com. This enables you to receive a copy of the data and to check that we are lawfully processing it.

If you think there’s a problem with the Personal Information we hold about you, you will either have the tools available to make these changes, or you can request a correction. This enables you to have any incomplete or inaccurate data we hold about you corrected (though we may need to verify the accuracy of the new data you provide to us).

If you want to request erasure of your Personal Information, we'll take all reasonable steps to do so unless we are required to keep it for legal reasons, which will be notified to you, if applicable, at the time of your request. As we only collect information that is required, it is likely that revoking your consent will limit the functionality of your Hikuna.com account.

You may withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. This will be notified to you at the time of your request if applicable.

Data controlled by our Customers

Hikuna.com’s Customers may submit information to the Services for hosting and processing purposes (“Customer Data”). Hikuna.com will not review, share, distribute, or reference any such Customer Data except as provided in Hikuna.com’s Terms of Service (https://www.hikuna.com.com/policies/terms/), or as may be required by law. In accordance with Hikuna.com’s Terms of Service, Hikuna.com may access Customer Data only for the purpose of providing the Services, or preventing or addressing service or technical problems, or as may be required by law.

Hikuna.com acknowledges that you have the right to access your personal information. If personal information pertaining to you as an individual has been submitted to us by a Hikuna.com customer and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire directly with our customer. We have limited access to data our customers submit to our Services, if you wish to make your request directly to Hikuna.com, please provide details of the Hikuna.com Customer who submitted your data to our Services. We will refer your request to that Customer, and will support them as needed in responding to your request.

Local access and privacy laws

Hikuna.com is a worldwide service, and we acknowledge that Personal Information about patients, and the obligations of medical practitioners relating to them, may be subject to access and privacy laws in the country of residence of those patients.

We'll take all reasonable steps to comply with local access and privacy laws, to the extent consistent with legal obligations we have under Hong Kong law, where we are based.

Hikuna.com also offers the Standard Contract Clauses included in a Data Processing Addendum (DPA). This is important for Customers that operate in the European Union, United Kingdom, or those that are bound to the General Data Protection Regulation (GDPR) or UK General Data Protection Regulation (UK GDPR) requirements. The DPAs are incorporated into the Agreement (as applicable) by reference. The UK DPA can be found at https://www.hikuna.com.com/policies/uk_dpa/ and the EU DPA can be found at https://www.hikuna.com.com/policies/eu_dpa/.

Questions or complaints

If you have any questions or complaints about our Privacy Policy or the way we handle your Personal Information, you can contact us at privacy@hikuna.com.com. This is our preferred method of contact.

We also have a dedicated Data Protection Officer to help you with any requests or questions you have about your data. They can be reached at dpo@Hikuna.com.com.

Last updated: 26 December 2024

These terms and conditions ("Terms of Service") govern your use of the Hikuna.com software application (“Service”).

Some services may be subject to additional conditions posted on the Hikuna.com website or provided to you when you sign-up for the service.

Please review our Privacy Policy for information about how we process your personal data.

Communications

You acknowledge and agree that Hikuna.com may at times send you communications regarding your account or the Service via email. If you have requested it, we may also send you communications about upgrades to the Service or other products and services that may be of interest to you. You can contact us at any time to let us know that you no longer want to receive these emails from us.

Accounts and passwords

You must be a registered user to access the Service. You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.

You must use all reasonable endeavours to prevent any unauthorized access to, or use of, the Service and you must notify Hikuna.com. immediately in the event of any unauthorized access or use.

Acceptable use/conduct

You are solely responsible for your conduct and your data related to the Service. You warrant that you have all rights, licenses, authorizations and consents required to use the Service, including without limitation in respect of your data. You agree to indemnify, defend, and hold harmless Hikuna.com., its directors, officers, agents and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of the Service or violation of these Terms of Service.

The Service, including any software that forms part of the Service, is made available to you, your company, and/or your staff only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights.

The particular Service you purchase may limit the number of users who may use the Service. You must not allow any additional users to use the Service. Hikuna.com. has the right to audit your use of the Service, at its own cost and upon giving you reasonable notice, to determine whether your use is in accordance with these Terms of Service and any other terms that apply to the Service. If an audit reveals that you have exceeded the scope of use permitted, Hikuna.com. may require you to immediately pay an additional service fee for such use.

Any unauthorized use of the Service is a violation of these Terms of Service and may breach Commonwealth, State or Territory laws. Such violations may subject you or your staff to civil and criminal penalties.

Hikuna.com. will endeavour to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance and, at times, unexpected outages. Hikuna.com. may perform unscheduled maintenance at any time, but will only do so if deemed necessary.

Fees

A valid credit card is required for payments. A credit card is not required to start a free trial, and you will only need to supply this if you wish to continue with a paid subscription account.

Credit card security is implemented using https (256-bit encryption) on all transactions. Credit card details are not stored within the Hikuna.com application. Your credit card details are stored at a trusted and secure payment gateway used by Hikuna.com for payment processing.

When upgrading or downgrading your plan, you will be pro-rata credited for the remainder of your current plan. You will then be charged at the rate of the new plan until your billing date. You will have the changed plan limits applied immediately. If this adjustment causes your account to be credited, this will be applied to your subscription and used for future payments. We do not provide refunds for these amounts.

All fees stated are exclusive of taxes, levies or duties imposed by the tax authorities. If your company is liable to pay GST, you will be responsible for paying GST on top of the subscription fees.

Downgrading or canceling your account may cause the loss of access, content or features of the Service. Hikuna.com. does not accept any liability for such loss.

All monthly subscription fees must be paid monthly in advance.

All fees related to the Service, including but not limited to the monthly subscription plan fees, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by updates to the Hikuna.com website (www.Hikuna.com), notices within the Service itself, or by email correspondence.

If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount.

Cancellation and termination

You are solely responsible for the cancellation of your account. You can cancel your account at any time through the settings/subscription area of the application. Email or phone requests to cancel your account are not considered a cancellation.

All of your content and data will be deleted 90 days after cancellation or termination of your account. This information will not be able to be recovered.

If you cancel your account before the end of your currently paid month, the Service will end immediately and you will not be charged again. You will not be entitled to a refund.

Hikuna.com. in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, at any such time. Such termination can result in the deactivation or deletion of your account. Hikuna.com. reserves the right to refuse service to anyone for any reason at any time.

You may have statutory rights

Certain legislation, including the Competition and Consumer Act 2010 (Cth) may impose consumer guarantees or implied rights which cannot be excluded, restricted or modified except to a limited extent ("Statutory Rights"). These Terms of Service must be read subject to your Statutory Rights. If Statutory Rights apply, to the extent to which Hikuna.com. is able to do so, its liability under those provisions will be limited, at its option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.

No warranties or representations

Without limiting your Statutory Rights:

You understand and agree that the Service is provided “as is” and, to the extent permitted by law, Hikuna.com. and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Hikuna.com.'s servers. Hikuna.com. and its suppliers make no warranty or representation that your use of the Service will be uninterrupted or error-free or regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet your requirements.

Hikuna.com. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Limitation of Liability without limiting your Statutory Rights:

Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you.

If there is any loss or damage to your data, your sole and exclusive remedy will be for Hikuna.com. to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by Hikuna.com.

In no event shall Hikuna.com. be liable for any indirect, special, incidental, consequential or punitive damages, loss of use, loss of profits, revenue, interest or business or loss or corruption of data, whether in an action in contract, tort (including but not limited to negligence), equity or otherwise in connection with the Service or any other service provided by Hikuna.com.

Intellectual property and data

Hikuna.com. claims no intellectual property rights over the data or other material you provide to the Service. You acknowledge that Hikuna.com. owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by Hong Kong and international intellectual property laws. Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

You consent to Hikuna.com transferring your data to third party IT providers, including our website host and back-up service provider, outside of Hong Kong.

General

You may not assign your rights in respect of the Service to any other person.

Hikuna.com. will not be liable for any delay or failure to perform any of its obligations in respect of the Service if such delay or failure is due to an event which is beyond its control.

If a provision of these Terms of Service is invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions.

Hikuna.com. may modify the Service, or any other services, at any time, for any reason, and without notice. We also may modify these Terms of Service at any time but, if we do so, we will notify you of the modified Terms of Service and give you a reasonable period of time to notify us that you do not agree to the modified Terms of Service and cease using the service.

This Agreement is governed by the laws of the state of Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.

Questions

If you have any questions about these Terms of Service, please contact us at support@Hikuna.com