Vivace Health Privacy Statement

Last update: 1 June 2021

Vivace Health as the controller of your data, wants to share with you how we treat personal data we receive about you.

This Privacy Notice provides you with information about your rights and the privacy practices that govern how we process your data. It applies when you interact and transact with us, either in person, via telephone and email, on our social media channels, or on our websites, whenever we refer to or link to this Privacy Notice.

Your relationship with us may also be governed by other privacy notices if you use other of our products and services.

We may vary these policies from time to time by updating this Privacy Notice.

1. What personal data we collect about you and how we collect it?

In most cases, we collect personal data about you from you, but in some circumstances we may receive personal data about you from third parties. Through certain technologies employed by our websites and mobile applications, we also collect other information about you in accordance with our cookies notice.

For more details about the collection of this type of data, please refer to our cookies notice.

END USERS OF OUR PRODUCTS AND SERVICES

For more details about the collection of this type of data, please refer to our cookies notice.

Depending on how you interact with us and your country of residence, we collect:

your title, first name and last name.
your date of birth and your gender.
your address and email address.
your telephone number.
your payment information.
your health insurance information.
information about your healthcare professionals, including your treating physicians and homecare providers.
identification and background information.
your image or a photograph of you.
your authorised representative or guardian’s first name, last name and contact details.
information about the products you use, i.e. sleep therapy device, mask, etc.
information about the services you use, i.e. from us and externally.
your sleep, health, and health-related lifestyle information.

In most cases, there will be an additional notice when we collect your personal data, such as a pop-up form on our website or a form at our clinic, telling you that we are collecting your data at that point. We collect information about you when:

you register an account with us.
you interact with us, e.g. when you call, email or visit our website and social media channels.
when you make an appointment or visit our clinics.
when we receive information and prescriptions from your healthcare professional (if applicable in your country of residence).
you sign up to receive marketing communications, interact with us via social media or other on-line platforms (including when you participate in on-line communities) or participate in promotional offers and surveys.
your healthcare professional provides us data in relation to your medical care (if applicable in your country of residence).
we provide products and services on behalf of third parties that you have a relationship with, such as hospitals and homecare providers.

In certain circumstances, we may also collect publicly or commercially available personal, identity, geographic and demographic information about you.

HEALTHCARE PROVIDERS

Depending on how you interact with us and your country of residence, we collect:

your title, first name and last name.
your telephone number.
your practice address and email address.
your qualifications and professional registration identifiers.
your payment information.
information about the products you purchase and the services you use.

We collect information about you when:

you register an account for our services.
you register to attend conferences, education sessions and industry events with us or with third parties.
we engage you to provide us with a service.
you interact with us, including when you meet with our sales representatives and attend training for our products and services.
you purchase our products.
we are required to report on expenses for any transparency laws that may apply to us.

2. How do we use your personal data?

END USERS OF OUR PRODUCTS AND SERVICES

Depending on how you interact with us, we use your personal data:

to respond to your requests for information or materials, and to create, develop and maintain our relationship with you.
to communicate with you via telephone and unencrypted email and text messages (SMS messages):
- newsletters and press releases;
- content relating to products, programs, services or general information we believe may interest you; and
- relevant, timely marketing messages.
to target communications to you on social media platforms.
to provide you with products and services, such as
- technical support
- sleep testing;
- treatment set up and support; and
- regular treatment reviews to check your therapy and equipment.
to communicate with your health insurer and healthcare providers, e.g. to provide them with relevant product information and your treatment outcomes if they have referred you to us for treatment or support.
to ensure we do not collect data from children under the age of 13 or otherwise considered a minor under the laws of your country of residence.
to conduct statistical analyses, surveys and research (including market research) to enhance existing, and develop new products and services, including improvements to our websites.
to fulfill our legal, regulatory and risk management obligations, including establishing, exercising or defending legal claims and acting as a medical device administrator.

HEALTHCARE PROVIDERS

Depending on how you interact with us, we use your personal data:

to respond to your requests for information or materials and to create, develop and maintain our relationship with you.
when you interact with us, including when you meet our sales representatives and attend training for our products and services.
to send you invoices for our products and services.
when you register an account for our products and services, and to attend conferences, education sessions and industry events.
to communicate with you via telephone and unencrypted email and text messages (SMS messages):
- newsletters and press releases;
- content relating to products, programs, services or general information we believe may interest you; and
- relevant, timely marketing messages.
when we engage you to provide us with a service.
when we are required to report on expenses for any transparency laws that may apply to us.
to conduct statistical analysis, surveys and research (including market research) to enhance existing, and develop new products and services, including improvements to our websites.

to fulfill our legal, regulatory and risk management obligations, including establishing, exercising or defending legal claims.

3. How do we protect your personal data?

We employ a number of different security and privacy controls to protect your data and to comply with applicable data protection laws. Despite the security measures employed by us, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the internet.
If we confirm that your personal data has been subject to a data breach, we will follow applicable data breach notification laws.
We will make reasonable efforts to ensure that the personal data collected is the minimum necessary to fulfill the purposes described in this Privacy Notice.

4. Who do we share your personal data with?

We do not sell or rent your personal data. We only share your personal data in accordance with this Privacy Notice, and to the extent permitted by applicable law.
We may share your personal data with any affiliate or subsidiary of, and any company owned and controlled by Vivace Health.
We may share your personal data if some or all of the business of Vivace Health is transferred to another entity by way of merger, sale of its assets or otherwise.
We may share your personal data if we are required to do so by law.
If you are an end user of our products and services, we may share your personal data with your healthcare provider.
If you are a job seeker and you worked with a recruitment agency to apply for a role with us, we may share personal data you have disclosed to us with the recruitment agency.

We may share your personal data in limited circumstances in a controlled and secure manner, with such third-party data processors and service providers that we engage to provide aspects of our services on our behalf. These data processors and service providers are contractually required to keep your personal data confidential and to use your personal data for the sole purpose of performing the services we have engaged them to provide. They may not use your personal data for any other purpose. We use third-party data processors and service providers for:

Data processing and hosting.
Marketing.
Order fulfillment (including shipment and payment).
Technical support.
Recruitment.

Conducting analyses, surveys and research (including market research) to enhance existing, and develop new products and services.

5. Where is your personal data currently hosted and processed?

To provide our products and services, your personal data may need to be accessed from or transferred to locations outside the jurisdiction in which you provide it, including Australia.

If your personal data is accessed from or transferred to locations outside the jurisdiction in which you provide it, we will implement appropriate measures to ensure that your personal data remains protected and secure and otherwise comply with applicable data protection laws.

6. On what basis do we use your personal data?

We use your personal information on the following basis:

To perform a contract, such as providing you with the products and services you purchased.
For the establishment, exercise or defence of legal claims or proceedings.
To comply with legal and regulatory obligations.
For legitimate business purposes.
With your consent.

7. How long will we retain your personal data?

We will retain your personal data for:

As long as we are required to do so under the laws regarding medical data and financial record retention.
The limitation period for taking legal action.
Good practice.
Our business purposes.

8. What are your personal data rights?

Applicable data protection laws provide certain rights for data subjects.

You are entitled to request details of the personal data we hold about you and how we process it. You may also have the right in accordance with applicable data protection law to:

have it rectified or deleted,
restrict our processing of that personal data,
stop unauthorised transfers of your personal data to a third party; and in some circumstances,
to have personal data relating to you transferred to another organisation.

If you object to the processing of your personal data, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.

Your objection (or withdrawal of any previously given consent) could mean that we are unable to perform the actions necessary to achieve the purposes set out above (see ‘How do we use your personal data’). You also may not be able to make use of the services and products offered by us.

Please note that even after you have chosen to withdraw your consent we may be able to continue to process your personal data to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations.

We must ensure that your personal data is accurate and up to date. Therefore, please advise us of any changes to your personal data by emailing us at help@vivacehealth.com.au

Your rights are not absolute and we will assess them on your request.

If you have an account with us, you may be able to self-serve some of these data requests such as updating or correcting your personal data when you visit your user profile on our website. Otherwise, you can send us your request by emailing us at help@vivacehealth.com.au

If you wish to make a complaint about a breach of your privacy, you can contact us by mail at the following address:

General Manager
Vivace Health
Erina Fair Shopping Centre
COM2, 620 Terrigal Drive
Erina, NSW 2250

You may also have the right to lodge a complaint in relation to our processing of your personal data with a local supervisory authority.

9. Personal data from children

We do not knowingly collect personal data from children. Our website and services are not intended for, or directed to, children. If you are under 13 years of age or otherwise considered a minor under the laws of your country of residence, then please do not use or access our website or services at any time or in any manner.

If a parent or legal guardian becomes aware that his or her child has provided us with personal data without appropriate consent, please contact us by sending an email to help@vivacehealth.com.au

If we confirm that a user is a minor and has provided us with personal data, we will delete such personal data from our databases.

10. Links to other sites

For your convenience, our website, applications and other communications may from time to time include links to third-party sites whose information practices may differ from ours. You should consult the other sites' privacy policies, as we have no control over information that is submitted to, or collected by, these third parties.