Privacy Policy

In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means Seer Medical Holdings Limited (ABN 46 615 849 986). Our Privacy Policy sets out how we collect, use, store and disclose your personal information and sensitive information. We are bound by the Australian Privacy Principles contained in the Privacy Act and we are committed to dealing with your personal information and/or sensitive information in accordance with the Privacy Act, including the Australian Privacy Principles and other applicable State and Territory privacy and health data protection laws.

Users under the age of 16 years, or equivalent minimum age in the relevant jurisdiction, may not create, register or use a Seer Medical account or services, unless their parents or guardians provided verifiable consent.

You can report any knowledge of a user under the age of 16 years assessing the app and providing personal data without parental consent by contacting us at privacy@seermedical.com.

By providing personal information and/or sensitive information to us, you consent to our collection, use and disclosure of that information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details.

Sensitive information includes information or an opinion about an individual’s racial or ethnic origins, political opinions, religious beliefs, sexual orientation, or criminal record that is also personal information. Sensitive information also includes health information, genetic information or biometric information that is used for verification or biometric templates.

What personal information and/or sensitive information do we collect?

We generally collect your personal information and/or sensitive information from a variety of sources, including but not limited to forms, website interactions, clinical referrals, registration of an account for our products and services, emails, telephone and in person. Where you request our products or services or interact with our website or application, we may collect personal information and/or sensitive information including but not limited to:

• Identification data, such as:
  • name;
  • mailing or street address;
  • email address;
  • telephone number and other contact details;
  • age or date of birth;
  • credit card information;
  • professional or employment-related information (e.g. CVs);
• details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
• personal characteristics, such as gender, height, weight etc.;
• inferences drawn from other personal information, such as information uploaded to the Seer Cloud, which may reflect a person’s preferences, predispositions, behavior, and attitudes;
• any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or application or;
• online presence or through other websites or accounts from which you permit us to collect information; or
• any other personal information and/or sensitive information (such as health information) that may be required in order to facilitate your dealings with us.

We may collect these types of personal information and/or sensitive information either directly or indirectly from you, or from third parties. We may collect this information when:

• you register on our website or app;
• you communicate with us through correspondence, email, or when you share information with us from other services or websites;
• you interact with our sites, services, content and advertising;
• you complete surveys to describe your health condition/symptoms; or
• your referring clinician provides your information to us.

We may also collect personal information of health care professionals when referring their patients to us, to use our products and services, such as their:

• name;
• telephone number or other contact details;
• email address;
• medicare provider number; and
• any other personal information that may be required in order to facilitate their dealings with us.

We retain your personal data for as long as is necessary for the purposes for which we obtained it, in accordance with the data minimisation principle.

Why do we collect, use and disclose personal information and sensitive information?

We may collect, hold, use and disclose your personal information and/or sensitive information for the following purposes:

• to enable you to access and use certain of our products and services;
• to contact and communicate with you;
• to operate, protect, improve and optimise our website, app, our products and services and our users’ experience, such as to perform product analytics, collect testimonials, feedback surveys, and conduct product-related research;
• to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
• to understand how new products and services should be implemented through analysis of survey answers;
• to generate reports related to a patient study for healthcare professionals;
• to collect external spontaneous CV and applications for specific positions and calls, in view of selection and recruitment;
• to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
• any other purpose, with your consent.

We may also conduct research on an anonymised, de-identified basis to enhance the products and services that we can offer.

We may use healthcare professionals’ contact details or email addresses to send them information regarding their patients progress (with the relevant individual’s consent) and to send updates in relation to our products and services.

Do we use your personal information or sensitive information for direct marketing?

We will not use your personal information or sensitive information for direct marketing purposes without your consent.

To whom do we disclose your personal information and/or sensitive information?

Generally, we do not share your personal information with third parties for a business purpose. We may disclose your personal information and/or sensitive information to:

• our employees, on a need to know basis;
• our professional advisers and agents, on a need to know basis;
• specific third parties authorised by you (generally, this will be with your individual consent) to receive information held by us;
• our service providers (such as cloud service providers); and
• other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law;

For one or more of the following purposes:

• to fulfill or meet the reason for which the information is provided;
• to provide you with information or services that you request from us;
• to create, maintain, customise, improve, and secure your account with us;
• to provide you with support and respond to your inquiries, including investigating and addressing your concerns and monitoring and improving our responses;
• to provide you with email alerts and other notices concerning our services or news that may be of interest to you;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections;
• to improve and secure our website and present its contents to you; and/or
• to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

Disclosure of personal information and sensitive information outside Australia

We do not disclose your personal information or sensitive information to overseas recipients. If we need to disclose such information to an entity located outside of Australia, we will obtain your written consent to the disclosure.

Security

We may hold your personal information and/or sensitive information in either electronic or hard copy form.

We take reasonable steps to protect your personal information and/or sensitive information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information and sensitive information. However, we cannot guarantee the security of your personal information and/or sensitive information.

Links

Our website or application may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

Accessing or correcting your personal information and/or sensitive information

You can access the personal information and/or sensitive information we hold about you by contacting us using the information below. Sometimes, we may not be able to provide you with access to all of your personal information and/or sensitive information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information and/or sensitive information. Contact us at privacy@seermedical.com to request the deletion of the personal information we hold about you.

If you think that any personal information or sensitive information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information and/or sensitive information, you can contact us using the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Changes to the privacy policy and our duty to inform you of changes

We keep our privacy policy under regular review and we may modify and revise it from time to time. Any information that we collect is subject to the privacy policy in effect at the time such information is collected.

Any changes we make to our privacy policy in the future will be posted on this page, and where appropriate, notified to you by email or notifications via the App. We therefore encourage you to review it from time to time to stay informed of how we are processing your data.

HIPAA Compliance

As Seer Medical Holdings Limited is based in Australia and may process personal data of US residents in the United States, HIPAA (“Health insurance Portability and Accountability Act”) applies to this process.

In this section explains how we use, disclose and protect your PHI in accordance with HIPAA as amended by the Health Information Technology for Economic and Clinical Health Act Title XIII of Division A of the American Recovery and Reinvestment Act, 2009 (“HITECH”) and regulations promulgated thereunder, as such law and regulations may be amended from time to time (collectively, “HIPAA”).

Protected health information (PHI) is identifiable health information about you (such as your name, social security number, or address), and that relates to (a) your past, present, or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care. We need PHI to provide you with quality care and to comply with certain legal requirements.

HIPAA Notice

This Notice of Privacy Practices describes how we may use and disclose your protected health information to carry out treatment, payment, or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information.

• Your PHI may be used and disclosed by our organisation, our office staff, and others outside of our office that are involved in your care and treatment for the purpose of providing health care services to you, to pay your health care bills, to support the operation of the organisation, and any other use required by law.
• We may have your PHI disclosed to us as a Business Associate of your health care provider to coordinate or manage your health care or to supply your health care provider with Seer products or services.
• We may use or disclose, as‐needed, your PHI in order to support the business activities of our organisation. These activities include, but are not limited to, quality assessment activities, accreditation activities, and conducting or arranging for other business activities. We may use or disclose your PHI, as necessary, to your health care provider, or government agencies for regulatory, quality, efficacy, or safety purposes.
• We may use or disclose your PHI in the following situations without your authorisation as required by law: public health issues as required by law, communicable diseases, health oversight, abuse or neglect, Food and Drug Administration requirements, legal proceedings, law enforcement, criminal activity, inmates, military activity, national security, and workers’ compensation.
• Under the law, we must make disclosures to you and when required by the Secretary of the Department of Health and Human Services to investigate or determine our compliance with the requirements of § 164.500.
• Other permitted and required uses and disclosures will be made only with your consent, authorisation, or opportunity to object, unless required by law. You may revoke this authorisation, at any time, in writing, except to the extent that your physician or this organisation has taken an action in reliance on the use or disclosure indicated in the authorisation.

If you are a US resident in the United States, the following is a statement of your rights with respect to your PHI.

• You have the right to inspect and copy your PHI. Under federal law, however, you may not inspect or copy the following records: information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding; and PHI that is subject to law(s) that prohibits access to PHI.
• You have the right to request a restriction of your PHI. This means you may ask us not to use or disclose any part of your PHI for the purposes of treatment, payment, or health care operations. You may also request that any part of your PHI not be disclosed to family members or friends who may be involved in your care or for notification purposes as described herein. Your request must state the specific restriction requested and to whom you want the restriction to apply. Our organisation is not required to agree to a restriction that you may request. If our organisation believes it is in your best interest to permit use and disclosure of your PHI, your PHI will not be restricted. You then have the right to use another Healthcare professional.
• You have the right to request to receive confidential communications from us by alternative means or at an alternative location.
• You have the right to obtain a paper copy of this notice from us, upon request, even if you have agreed to accept this notice alternatively, e.g., electronically.
• You may have the right to have our organisation amend your PHI. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal.
• You have the right to receive an accounting of certain disclosures we have made, if any, of your PHI.

You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our Privacy Officer, by email at privacy@seermedical.com of your complaint. We will not retaliate against you for filing a complaint.

We are required by law to maintain the privacy of PHI and to provide individuals with these notices regarding our legal duties and privacy practices with respect to PHI. If you have any questions concerning, or objections to, this Policy and Notice, please ask to speak with our Privacy Officer, by email at privacy@seermedical.com.

We work to protect ourselves from unauthorised access to or unauthorised alteration, disclosure, or destruction of information we hold. In the unlikely event of a breach of unsecured PHI, we are required by law to notify affected individuals.

Associated companies with whom we may do business, are given only enough information to satisfy reporting, safety, and efficacy requirements.

GDPR Compliance

Visiting this website, and accessing its services may result in processing data relating to identified or identifiable natural persons. As Seer Medical Holdings Limited is based in Australia and may process personal data of data subjects in Europe, the GDPR (“General Data Protection Regulation”) applies to this process. The handling of personal data of data subjects in Europe or in the United Kingdom is in compliance with GDPR. This Privacy Policy hereby provides you with the additional information requested by GDPR.

The data controller is Seer Medical Holdings Limited, as identified above. Personal data is processed by us as necessary for allowing you to access and browse the website content, for performing a contract or for taking steps at your request, before entering a contract. – art. 6 (1) (b) GDPR and to fulfil our legal obligations – art. 6 (1) (c) GDPR.

We have appointed:

• a Data Protection Officer (DPO) with the following email address: dpo@seermedical.com; and
• an EU Representative: Seer Deutschland GmbH with its registered office at Bavariaring 43, 80336 Munich, Germany. It can be contacted at the email address: privacy@seermedical.de.

If you are in Europe or in the United Kingdom, you have the following specific rights when it comes to the processing of your personal data by us:

• When your personal data is processed by us, you have the right to know about it;
• You have the right to access the information and have it rectified without delay if it is inaccurate or incomplete;
• You can ask to have it blocked under certain circumstances;
• You can also object to it, in certain circumstances, on grounds relating to your specific situation;
• You can request that any of the above changes be communicated to other parties to whom your data have been disclosed;
• You have the right not to be subject to automated decisions (made solely by machines) affecting you, as defined by law;
• You have the right to receive your personal data in a standardised format in case you wish to transfer it to another controller (data portability); and
• You have the right to complain to the competent European Supervisor Authority at any time if you believe your data protection rights have been breached.

If Seer is processing your personal data and you would like to exercise your data protection rights, please send us a written request by e-mail to our DPO.

Contact us

For further information about our Privacy Policy or practices, or to access or correct your personal information and/or sensitive information, or make a complaint, please contact us using the details set out below:

Data Compliance Manager

Seer Medical, 278-284 Queensberry Street, VIC Australia

privacy@seermedical.com

1300 869 888

This version was last updated on 16th January 2024