1 PRIVACY POLICY
1.1 Dukemed Pty Ltd (ACN 645 211 347)is a business registered in Australia (the Company, us or we) and is committed to keeping your personal data safe and secure.In doing so, we follow the spirit of the Australian Privacy Principles in the Privacy Act 1988 (Cth) (the Privacy Act). However, until such time (if at all) as the Company is subject to the Act, we have chosen not to opt in to the Act.
1.2 If you are a citizen of a European Union (“EU”) country or we collect personal data about you from a source in the EU, we aim to provide the standards of privacy protection required by the EU’s General Data Protection Regulation (GDPR).Additionally, EU based organisations that share subject data with us may require that we meet GDPR standards.Our commitments in this policy are generally consistent with the GDPR requirements applying to a Controller of subject data, but if you have a query about your rights or our obligations for GDPR purposes, please contact us.
1.3 By engaging the Company’s services or using the Company’s website (together, the Services), you are giving consent to the Company for the use of your personal information in the manner set out in this Privacy Policy.
2 GIVING CONSENT
2.1 You are not obliged to disclose personal information about yourself when you visit our website.Where practicable, we will allow you to deal with us on an anonymous or pseudonymous basis.
2.2 If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your ability to use our Services.
2.3 By providing us with any personal information, you consent to us using this information to assist you and to offer our Services in accordance with this Policy.
3 COLLECTION OF PERSONAL INFORMATION
3.1 Personal information is information or an opinion that identifies an individual. Examples of personal information we collect includes names, user names, gender, email addresses, phone and facsimile numbers, address, social media information, age, date of birth, and information about your personal and business circumstances.
3.2 Personal information may be collected from you in a variety of ways, including but not limited to:
(a) when you register for the Services;
(b) when you interact with the Company electronically or in person;
(c) when you access the Company’s website or Services; and
(d) when the Company provides products and/or Services to you.
3.3 Where reasonable and practicable to do so, we will collect your personal information only from you. However, in some circumstances we may be provided with information by third parties, including but not limited to referees and third party websites such as Sourcewhale and Jobadder. In such cases we will take reasonable steps to ensure that you are made aware of the information provided to us by a third party.
3.4 The personal information that we collect and hold about you depends on your interaction with us. We collect your personal information for the primary purpose of providing our Services and to communicate with you.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 or disclosure. You may unsubscribe from our mailing/marketing/SMS/social media lists and platforms including those from business intelligence platforms (if any) at any time by contacting us in writing or using the “opt out” or “unfollow” functions that we include in our communications or are available on said platforms.
3.5 Some personal information (e.g. race, ethnicity, health, criminal record etc.) is sensitive and requires a higher level of protection. If we hold any sensitive personal information, we will not use or disclose your sensitive personal information other than as permitted by law or with your consent.
3.6 If you are an individual residing in the EU, we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Services being used. We collect and use your information only where:
(i) we need it to identify you to enable us to provide our Services and it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development purposes, to maintain and improve our Services, to promote and market our Services, and to protect our legal rights and interests;
(ii) you give us consent to do so for a specific purpose e.g. where you subscribe to our newsletters or request or download our publications or data;
(iii) we need to process your data to comply with a legal obligation such as performing client due diligence/”know your client”, anti-money laundering, anti-bribery, sanctions or reputational risk screening, identifying conflicts of interests, for the prevention of fraud and/or other relevant background checks as may be required by applicable law and regulation and best practice at any given time (and if false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies and may be recorded by us or by them), to enforce our legal rights, to comply with our legal or regulatory reporting obligations and/or to protect the rights of third parties, to ensure that we can recover any payments due to us and where necessary to enforce such recovery through the engagement of debt collection agencies or taking other legal action (including the commencement and carrying out of legal and court proceedings); or
(iv) to reorganise or make changes to our business. In the event that we undergo a re-organisation (e.g. if we merge, combine, list or divest a part of our business), we may need to transfer some or all of your personal information to the relevant third party (or its advisors) as part of any due diligence process or transfer to that re-organised entity or third party for the same purposes as set out in this Policy or for the purpose of analysing any proposed transaction.
3.7 We also collect website activity statistics such as number of visitors, pages visited, time and date of visit and where you accessed our website from, so that we can make informed decisions relating to improving our website and the Services we deliver. This information is anonymous and doesn’t identify a person.
3.8 We may also collect personal information from you when you use or access our website or our social media pages. This may be done through the collection of your IP address and the use of web analytics tools (such as Google Analytics), ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.
3.9 If you are an individual residing in the EU or any other jurisdiction that requires us to obtain your consent to use cookies, then you will have an opportunity to manage your consent preference on our website, except that certain cookies are required to enable core site functionality, and you cannot opt-out or choose to disable those cookies.We may use cookies and other tags to display advertisements to EU users based on non-personally indefinable information, anonymous data, or aggregated data that we have collected in connection with an EU users’ interaction with our website and via our services.
4 USE AND DISCLOSURE OF PERSONAL INFORMATION
4.1 The Company may use and/or disclose your personal information to:
(a) enable us to provide our Services to you and our clients;
(b) for record keeping and administrative purposes;
(c) provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing our Services;
(d) improve and optimise our Service offering and client experience;
(e) enable us to use outsourcing services, such as data storage, debt collection, bulk distribution and mailing, direct marketing, and technology support;
(f) enable you to access to the website;
(g) track usage and measure traffic statistics of the website;
(h) supply to you the products and/or Services that you purchase or request from us;
(i) receive and/or access information from third party providers for the provision of our products and/or Services to you;
(j) contact you regarding your use of the products and/or Services offered by the Company;
(k) contact you in relation to comments, complaints, enquiries or dispute resolution;
(l) collect payments from you;
(m) communicate with third party providers or associate parties with respect to the provision of the Services;
(n) send you marketing communications;
(o) comply with laws.
4.2 The Company will not disclose personal information about you, unless it is required, incidental or otherwise related to the primary purpose of providing Services to you or a third party for which you have consented to by engaging the Company’ Services or by using the Company’s Services. However, the Company may disclose your personal information to its business partners who can assist them to provide Services to you as a customer
4.3 The Company, in its sole discretion, may disclose your personal information if it is required to do so by law or legal process, including:
(a) in order to establish, exercise or defend its legal rights;
(b) as required or authorised by law; or
(c) to the extent required to permit the Company to investigate suspected fraud, harassment or other violations of any law, rule or regulation, our policies, or the rights of third parties or any other suspected conduct the Company deem improper.
5 SECURITY AND ACCURACY
5.1 It is important that you advise the Company of changes to your personal information that you have provided to the Companyas it is essential that your personal information is accurate, complete, and up-to-date in order for the Company to provide Services to you.
5.2 The Company will take commercially reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure. However, the Company is not liable for any unauthorised access to this information.
5.3 The Company will take commercially reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes of providing our Services to you and where the Company is not required to retain that information by law.
5.4 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.
6 ACCESS AND CORRECTION
6.1 You are responsible to ensure that the information you provide to the Company is accurate, complete and up-to-date.If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide our Services.We will deal with all requests for access to personal information within a reasonable timeframe.
6.2 By written request, you may contact the Company and ask to know what sort of personal information is held about you, for what purposes, how it is collected, held, used and disclosed and/or to access your personal information.In order to protect your personal information we may require identification from you before releasing the requested information.The Company reserves the right to charge a reasonable administration fee for this access.
6.3 If you are protected under the GDPR, you may have the following rights:
(i) right of access – the right to access the personal information that we hold or process about you;
(ii) right to rectification – the right to update, correct or amend the personal information that we hold or process about you;
(iii) right to erasure – the right to request remove personal information that we hold about you;
(iv) right to restrict – the right to stop us processing all or some of your personal data;
(v) right to object – the right to object to your personal information being used for direct marketing purposes;
(vi) right to data portability – the right to request a copy of your personal data in electronic format;
(vii) right not to be subject to automated decision making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect;
(viii) right to restrict – the right to restrict how we use your personal information whilst a complaint is being investigated;
(ix) the right to lodge a complaint with a supervisory authority.
7 IDENTIFIERS
8 TRANS-BORDER DATA FLOWS
8.1 The Company may use cloud services, and as such, its servers may be located in Australia or overseas and you acknowledge, agree and understand that your personal information may be transferred and stored in Australia and other foreign jurisdictions which the cloud services may direct the data to be stored. You agree for us to transfer your information into foreign jurisdictions for the purposes of providing you with the Services. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with this policy.If you are based in the European Economic Area (EEA), this will mean that your personal information may be transferred to, be accessible from, and/or stored at, a destination outside the EEA in which data protection laws may not be as comprehensive as in the EEA.
8.2 Regardless of the location of our processing, we will impose the same data protection safeguards that we deploy inside the EEA and implement appropriate measures to ensure that your personal information is protected in accordance with applicable data protection laws. Where a third party service provider processes the personal information of EEA residents on our behalf, we will ensure that appropriate measures are in place to ensure an adequate level of protection for your personal information, usually by including EU standard contractual clauses in our agreements with such third party service providers.
9 COMPLAINTS
9.1 As a valuable customer, if you have any complaints in relation to this Privacy Policy or privacy practice, please feel free to contact the Company via the email address listed below.
9.2 The Company values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, the Company will respond in a timely manner to advise you of the outcome following its enquiring into the same. You will also be invited to respond toits outcome. If a response is received, the Company will assess your response and advise if it has changed its view.
10 MISCELLANEOUS
10.1 Waivers
In limited circumstances, the Company may allow you to waive application of this Privacy Policy. A waiver of this Privacy Policy must be in writing and signed by the Company. The Company anticipates that the waiver of this Privacy Policy would only be in exceptional circumstances, and the Company encourages that you consider the circumstances leading to the waiver request prior to submitting such a request.
10.2 Governing Law & Jurisdiction
This Privacy Policy is governed by the laws of New South Wales, Australia.In the event of any dispute arising out of or in connection with this Privacy Policy, you agree that the exclusive venue for resolving any dispute shall be Sydney, Australia.
11 VARIATION TO THIS PRIVACY POLICY
11.1 This Privacy Policy is available online via https://www.dukemed.com.au/legal_documents/privacy_policy
11.2 The Company reserves the right to modify or amend this Privacy Policy at any time, for any reason, and without any notice, by posting a revised version on its website. Any changes to this Privacy Policy will become effective when the Company posts the revised Privacy Policy on the website. Your use of the website following these changes means that you accept the revised Privacy Policy.
11.3 This policy was last modified on 10 September 2022.
12 CONTACT
12.1 Please contact the Company if you have any questions regarding this Privacy Policy.
Email: privacy@dukemed.com.au