Privacy & Security

 1.  Privacy laws in Australia

Global Kinetics Corporation Ltd (GKC), is bound by the Australian Privacy Principles (APPs), contained in the Privacy Act 1988 (Cth) (the Act). GKC may also be bound by State and Territory privacy laws in Australia. The object of the Act and other privacy laws is to protect the confidentiality of “personal information”, and the privacy of individuals by regulating the way in which personal information is collected, stored and used.

Under the Act, Personal Information means information or an opinion about an identified individual or from which an individual can be reasonably identified. For example, such information could be your name, contact details and records of your dealings with GKC. Personal Information includes “health information”, which refers to information regarding an individual’s health or a health service provided to an individual.

This policy outlines the way in which GKC deals with the Personal Information it collects in Australia. GKC is committed to safeguarding your Personal Information and to ensuring compliance with the APPs and the Act in its collection, storage and use of Personal Information.

2.  Collection of Personal Information

GKC collects Personal Information that is reasonably necessary for, or directly related to, its functions and activities as a provider of medical devices and related services. In some cases, GKC is required by the law to collect Personal Information in order to comply with its regulatory obligations, such as responding to safety concerns about its products.

GKC may collect Personal Information about you through its interactions with you. Where GKC collects Personal Information from or about you, GKC will inform you about the purpose and use of the collected information.

Types of Personal Information that GKC collects

The Personal Information GKC collects may include your name, your address, your date of birth, your email address and your phone number.

If you are a healthcare professional, additional Personal Information GKC may collect from you includes your medical specialty and your clinical interests.

If you are a patient, additional Personal Information GKC may collect includes details of your health care professional, details of your use of the GKC device, the performance of your GKC device, product data, such as the model and usage of your device, and any specific products or services you want to learn about.

When Personal Information is collected by GKC

Personal Information may be collected by GKC in the course of your interactions with GKC.

GKC may collect Personal Information from you when you provide your Personal Information while using the GKC website, when communicating with you by telephone, mail and email, or when responding to product queries, or conducting sales calls or meetings.

If you are a healthcare professional, GKC may collect Personal Information from you in the course of communicating with you by telephone, mail and email, including when providing technical and

 

customer support, when you participate in GKC sponsored educational events, conferences and research grants, or when you use GKC’s customer or product information services.

If you are a patient, GKC may collect Personal Information from you in the course of providing technical assistance about its products to you or to your healthcare professional, communicating with you by telephone, mail and email, including when providing technical and customer support, when you participate in GKC sponsored programs, including clinical trials, or when you use GKC’s customer or product information services.

3.  Use and Disclosure

GKC will use your Personal Information for the primary purpose for which it is collected, which generally includes the following purposes:

  • in the course of the sale, distribution or provision of medical devices that have been requested by you or your health care providers;
  • in the course of supporting you and your healthcare professional in your use of the device and your ongoing care, if you are a patient;
  • administering training programs, clinical trials or other similar programs in which you agree to be involved; and
  • compliance with regulatory requirements, such as maintaining a record of medical queries, complaints, adverse events and recalls relating to GKC medical

GKC may also use your Personal Information to:

  • provide you with updated product or safety information with respect to GKC medical devices;
  • send you material on its activities and products or developments in medical technology that GKC believes may be of interest to you, although if you are a patient GKC will not do so without your consent;
  • manage, plan and arrange meetings between you and a GKC representative;
  • generate customer lists for the purposes of market research;
  • maintain business records;
  • access applications for employment and to act as an employer;
  • manage accounts and ensure that GKC receives payment for its products and services;
  • in addition, use for purposes permitted or required by law, purposes disclosed to you for which GKC has consent and any other purposes that you would otherwise reasonably expect.

GKC will only use or disclose your Personal Information for a purpose that was not the primary purpose for which GKC collected it if you would reasonably expect us to do so or if GKC has your permission. GKC may also use or disclose Personal Information if GKC is required or authorised by law to do so.

If you do not wish to receive information or materials about GKC products and updates, you may request not to receive these marketing materials.

When dealing with particularly sensitive Personal Information, such as your health information for a purpose that is not directly linked to the primary purpose of collection, GKC will generally seek your consent before using the health information. In only very limited circumstances, such as where required by law to disclose information or in the event of a serious threat to your life or health, will GKC disclose your health information without your consent.

4.  Non-Personal Information

GKC may also automatically collect non-personal information about you. This includes the type of internet browser and IP address you use and the site which linked you to the GKC website. This information is used to assist GKC in providing you with an effective website. GKC may also share non-personally identifiable information in the aggregate form with third parties to illustrate trends and patterns. You cannot be personally identified from this information.

5.  Cross Border Data Transfer

As part of a group of companies located in a number of different countries (namely, the USA, Sweden and Ireland), GKC may disclose some Personal Information to a GKC company or database overseas. In disclosing data offshore, GKC ensures that the use and disclosure of the Personal Information transferred is dealt with in accordance with the Act and the APPs.

6.  Transfer of Data to Third Parties

GKC may use third party support services in connection with its business operations, such as IT or finance support. Such third parties may, from time to time, have access to your Personal Information to enable them to provide those services to GKC.

All companies providing such support services are required by GKC to process the Personal Information disclosed to them only for the purposes expressly authorised by GKC. These parties are not allowed to use Personal Information except for the purpose of providing these services.

If GKC is sold to or merges with another company, some or all of the Personal Information collected from you may be transferred to a third party as a result of the transfer of assets. In such circumstances, a third party will be obliged to deal with the Personal Information in accordance with the Act and the APPs.

GKC may share aggregated demographic information with its partners. This information is not linked to any Personal Information that can identify any individual person.

7.  Website

By using GKC’s website, you agree to the collection and use of your Personal Information in accordance with this privacy policy. If you do not agree with this Privacy Policy, please do not use the website.

This website may contain links to other sites. GKC is not responsible for the privacy practices of other sites. This privacy statement applies solely to information collected by GKC, including through this website.

8.  Data Security

GKC has put in place safeguards to protect the Personal Information GKC holds from misuse, loss, unauthorised access, modification or disclosure. GKC generally holds the Personal Information you provide to us in an electronic form on computer servers, which are password protected for limited access and are located in controlled facilities. However, GKC may also hold Personal Information in physical form, such as in paper hard copies. While GKC cannot guarantee against any loss, misuse or alteration to data, GKC takes reasonable steps to prevent such occurrences.

GKC employees and agents are obliged to treat any Personal Information confidentially. Additionally, GKC will only retain your information for so long as it is reasonably needed for the functions and activities of its business.

Access to the Personal Information is restricted to those employees who need to use the data, who have been trained to handle such data properly and observe strict standards of confidentiality.

GKC will also take reasonable steps to destroy or de-identify your Personal Information when it no longer needs it.

GKC’s trusted design

Security is one of the major issues associated with deploying services on the Internet. GKC takes its security responsibilities very seriously and has employed technical staff who are experienced in implementing and managing secure Internet services.

All GKC services are deployed using the same trusted design. The design calls for:

  • multiple security levels, so that a low-level security compromise does not cause a compromise of security at higher levels;
  • enabling only services that are absolutely required on its systems;
  • partitioning the enabled services so that a compromise of one service does not affect other services at the same security level; and
  • encrypting sensitive customer information, both when in transit over the Internet and when stored in GKC’s

Encryption

Whenever GKC’s product are used to exchange sensitive information with its customers over the Internet, GKC uses secure connections via SSL (Secure Sockets Layer). This ensures that all the data is encrypted during transit over the Internet.

9.  Access, Correction and Complaints

You have the right, in most cases, to access your Personal Information that GKC holds at any time. GKC takes reasonable steps to ensure that any Personal Information it holds about you is up-to-date, accurate and complete. If you wish to access or correct Personal Information that GKC holds, or you have any questions about this privacy policy, please contact GKC’s Privacy Officer at michelle.goldsmith@globalkineticscorp.com, setting out a full description of the request.

If you have a complaint about how GKC has handled your Personal Information or consider that it has breached its obligations under the APPs, please write to the GKC Privacy Officer at michelle.goldsmith@globalkineticscorp.com or at:

Global Kinetics Corporation Ltd Attention: Privacy Officer

Level 15, 440 Collins Street

Melbourne, Victoria 3000.

 

10.  Updating this privacy policy

GKC may review or revise this privacy policy and the way GKC handles Personal Information from time to time. Such changes will be consistent with current privacy legislation in Australia. You may request a copy of this privacy policy at any time.

 

 

 

 

Version 1.0: 11 April 2017